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Senate Bill 0634

Florida Senate - 1998 SB 634 By Senator Ostalkiewicz 12-136-98 1 A bill to be entitled 2 An act relating to taxation of intangible 3 personal property; amending s. 199.023, F.S.; 4 excluding accounts receivable from the 5 definition of "intangible personal property"; 6 amending ss. 199.103, 199.185, F.S., to delete 7 references to accounts receivable; providing an 8 effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Subsection (1) of section 199.023, Florida 13 Statutes is amended to read: 14 199.023 Definitions.--As used in this chapter: 15 (1) "Intangible personal property" means all personal 16 property which is not in itself intrinsically valuable, but 17 which derives its chief value from that which it represents, 18 including, but not limited to, the following: 19 (a) All stocks or shares of incorporated or 20 unincorporated companies, business trusts, and mutual funds. 21 (b) All notes, bonds, and other obligations for the 22 payment of money. 23 (c) All condominium and cooperative apartment leases 24 of recreation facilities, land leases, and leases of other 25 commonly used facilities. 26 (d) Except for any leasehold or other possessory 27 interest described in s. 4(a), Art. VII of the State 28 Constitution or s. 196.199(7), all leasehold or other 29 possessory interests in real property owned by the United 30 States, the state, any political subdivision of the state, any 31 municipality of the state, or any agency, authority, and other 1 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 634 12-136-98 1 public body corporate of the state, which are undeveloped or 2 predominantly used for residential or commercial purposes and 3 upon which rental payments are due. 4 5 "Intangible personal property" does not include accounts 6 receivable. 7 Section 2. Section 199.103, Florida Statutes, is 8 amended to read: 9 199.103 Basis of assessment; valuation.--All 10 intangible personal property shall be subject to the annual 11 tax at its just valuation as of January 1 of each year. Such 12 property shall be valued in the following manner: 13 (1) Shares of stock of corporations, or any interest 14 of a limited partner in any limited partnership, regularly 15 listed on any public stock exchange or regularly traded 16 over-the-counter shall be valued at their closing prices on 17 the last business day of the previous calendar year. 18 (2) Shares or units of companies or trusts registered 19 under the Investment Company Act of 1940, as amended, 20 including mutual funds, money market funds, and unit 21 investment trusts where such shares or units are not exempt 22 under s. 199.185, shall be valued at the net asset value of 23 such shares or units on the last business day of the previous 24 calendar year. 25 (3) Bonds regularly listed on any public stock 26 exchange or regularly traded over-the-counter shall be valued 27 at their closing bid prices on the last business day of the 28 previous calendar year. 29 (4) Shares of stocks, bonds, or similar instruments of 30 corporations not listed on any public stock exchange or not 31 regularly traded over-the-counter shall be valued as of 2 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 634 12-136-98 1 January 1 of each year on the basis of those factors 2 customarily considered in determining fair market value. 3 (5) Accounts receivable shall be valued at their face 4 value as of January 1 of each year, less a reasonable 5 allowance for uncollectible accounts. 6 (5)(6) All notes and other obligations shall have a 7 value equal to their unpaid balance as of January 1 of each 8 year, unless the taxpayer can establish a lesser value upon 9 proof satisfactory to the department. 10 (6)(7) All other forms of intangible personal property 11 shall be valued on the basis of those factors customarily 12 considered in determining fair market value. 13 (7)(8) Stocks or shares of a savings association or 14 middle tier stock holding company, held by a parent mutual 15 holding company, whose depositors are members of the mutual 16 holding company, which converted from a mutual savings 17 association to a mutual holding company pursuant to 12 U.S.C. 18 s. 1467a.(o), shall be valued as of January 1 each year on the 19 same basis as ownership in the mutual savings association was 20 valued for intangible tax purposes prior to the conversion. 21 Stocks or shares of such a converted association which are 22 held by individuals or entities other than the parent mutual 23 holding company shall be valued pursuant to subsection (1) or 24 subsection (4). 25 Section 3. Section 199.185, Florida Statutes, is 26 amended to read: 27 199.185 Property exempted from annual and nonrecurring 28 taxes.-- 29 (1) The following intangible personal property shall 30 be exempt from the annual and nonrecurring taxes imposed by 31 this chapter: 3 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 634 12-136-98 1 (a) Money. 2 (b) Franchises. 3 (c) Any interest as a partner in a partnership, either 4 general or limited, other than any interest as a limited 5 partner in a limited partnership registered with the 6 Securities and Exchange Commission pursuant to the Securities 7 Act of 1933, as amended. 8 (d) Notes, bonds, and other obligations issued by the 9 State of Florida or its municipalities, counties, and other 10 taxing districts, or by the United States Government and its 11 agencies. 12 (e) Intangible personal property held in trust 13 pursuant to any stock bonus, pension, or profit-sharing plan 14 or any individual retirement account which is qualified under 15 s. 401 or s. 408 of the United States Internal Revenue Code, 16 26 U.S.C. ss. 401 and 408, as amended. 17 (f) Intangible personal property held under a 18 retirement plan of a Florida-based corporation exempt from 19 federal income tax under s. 501(c)(6) of the United States 20 Internal Revenue Code, 26 U.S.C., if the primary purpose of 21 the corporation is to support the promotion of professional 22 sports and the retirement plan is either a qualified plan 23 under s. 457 of the United States Internal Revenue Code or the 24 contributions to the plan, pursuant to a ruling by the United 25 States Internal Revenue Service, are not taxable to plan 26 participants until actual receipt or withdrawal by the 27 participant. 28 (g) Notes and other obligations, except bonds, to the 29 extent that such notes and obligations are secured by 30 mortgage, deed of trust, or other lien upon real property 31 situated outside the state. 4 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 634 12-136-98 1 (h) The assets of a corporation registered under the 2 Investment Company Act of 1940, 15 U.S.C. s. 80a-1-52, as 3 amended. 4 (i) All intangible personal property issued in or 5 arising out of any international banking transaction and owned 6 by a banking organization. 7 (j) Units of a unit investment trust organized under 8 an agreement or declaration of trust and registered under the 9 Investment Company Act of 1940, as amended, whose portfolio of 10 assets consists solely of assets exempt under this section. 11 (k) Real estate mortgage investment conduits (REMIC) 12 that are directly or indirectly secured by or payable from 13 notes and obligations that are in turn secured by a mortgage, 14 deed of trust, or other lien upon real property situated in or 15 outside of the state, including but not limited to mortgage 16 pools, participations, and derivatives and are held as 17 investments by banks or savings associations in compliance 18 with regulatory agency guidelines. 19 (2)(a) With respect to the first mill of the annual 20 tax, every natural person is entitled each year to an 21 exemption of the first $20,000 of the value of property 22 otherwise subject to said tax. A husband and wife filing 23 jointly shall have an exemption of $40,000. 24 (b) With respect to the last mill of the annual tax, 25 every natural person is entitled each year to an exemption of 26 the first $100,000 of the value of property otherwise subject 27 to said tax. A husband and wife filing jointly shall have an 28 exemption of $200,000. 29 30 Agents and fiduciaries, other than guardians and custodians 31 under a gifts-to-minors act, filing as such may not claim this 5 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 634 12-136-98 1 exemption on behalf of their principals or beneficiaries; 2 however, if the principal or beneficiary returns the property 3 held by the agent or fiduciary and is a natural person, the 4 principal or beneficiary may claim the exemption. No taxpayer 5 shall be entitled to more than one exemption under paragraph 6 (a) and one exemption under paragraph (b). This exemption 7 shall not apply to that intangible personal property described 8 in s. 199.023(1)(d). 9 (3) Every natural person who is a widow or widower, or 10 who is blind, or who is totally and permanently disabled, is 11 entitled each year to an additional exemption of $500 of 12 property otherwise subject to the annual or nonrecurring tax. 13 This exemption is afforded by s. 3, Art. VII of the State 14 Constitution and is available only to the extent not used 15 against real property or tangible personal property taxes. 16 (4) Charitable trusts, 95 percent of the income of 17 which is paid to organizations exempt from federal income tax 18 pursuant to s. 501(c)3 of the Internal Revenue Code, shall be 19 exempt from 1 mill of the tax imposed in s. 199.032. 20 (5) Every bank and savings association, as defined in 21 s. 220.62, is exempt from .5 mill of the tax imposed by s. 22 199.032. 23 (6) Every liquor distributor that is domiciled in this 24 state, that is authorized to do business under the Beverage 25 Law, and that has paid the license taxes required by s. 26 565.03(2) is exempt from paying tax on accounts receivable 27 owned by the taxpayer which are derived from, arise out of, or 28 are issued in connection with a sale of alcoholic beverages 29 transacted in another state with a customer in another state. 30 (6)(7) A national bank that has its principal place of 31 business in another state, processes credit card credit 6 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 634 12-136-98 1 applications in this state or performs customer service or 2 collection operations in this state, and is not a bank under 3 12 U.S.C. s. 1941(c)(2)(F), is exempt from paying tax on 4 credit card receivables owed to the bank by a credit card 5 holder domiciled outside this state. 6 Section 4. This act shall take effect January 1, 1999. 7 8 ***************************************** 9 SENATE SUMMARY 10 Excludes accounts receivable from the definition of "intangible personal property" for purposes of the tax on 11 such property. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7