Senate Bill sb1668

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 1668

    By Senator Haridopolos





    26-1331-04                                          See HB 391

  1                      A bill to be entitled

  2         An act relating to tax administration; amending

  3         ss. 213.235 and 220.807, F.S.; providing an

  4         alternative to a requirement that the interest

  5         rate on certain tax deficiencies shall be the

  6         rounded adjusted prime rate charged by banks

  7         plus 4 percentage points; providing application

  8         of certain adjustments; requiring the

  9         Department of Revenue to use certain adjusted

10         prime rates in certain calculations; amending

11         ss. 213.24, 213.255, 220.723, and 220.809,

12         F.S., to conform; providing an effective date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  Subsections (1), (2), (3), and (5) of

17  section 213.235, Florida Statutes, are amended to read:

18         213.235  Determination of interest on deficiencies.--

19         (1)  Notwithstanding any other provision of law, the

20  annual rate of interest applicable to tax payment deficiencies

21  that arise on or after January 1, 2000, shall be the adjusted

22  rate established by the executive director of the department

23  under subsection (2) or subsection (3), unless a lower rate

24  for the particular tax is specifically provided for in law, in

25  which case the lower rate applies. This annual rate of

26  interest applies to all taxes enumerated in s. 213.05.

27         (2)(a)  If the adjusted prime rate charged by banks,

28  rounded to the nearest full percent, plus 4 percentage points,

29  during either:

30         1.(a)  The 6-month period ending on September 30 of any

31  calendar year, or

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    Florida Senate - 2004                                  SB 1668
    26-1331-04                                          See HB 391




 1         2.(b)  The 6-month period ending on March 31 of any

 2  calendar year

 3  

 4  differs from the interest rate in effect on either such date,

 5  the executive director of the department shall, within 20

 6  days, establish an adjusted rate of interest equal to such

 7  adjusted prime rate plus 4 percentage points.

 8         (b)(3)  An adjusted rate of interest established under

 9  this subsection section becomes effective:

10         1.(a)  On January 1 of the succeeding year, if based

11  upon the adjusted prime rate plus 4 percentage points for the

12  6-month period ending on September 30; or

13         2.(b)  On July 1 of the same calendar year, if based

14  upon the adjusted prime rate plus 4 percentage points for the

15  6-month period ending on March 31.

16         (3)(a)  Notwithstanding subsection (2), if payment of a

17  tax payment deficiency is made within 60 days after issuance

18  of an assessment, billing, or notice and demand for payment,

19  or an agreement for scheduling payments of taxes, interest,

20  and penalties is made within 60 days after issuance of an

21  assessment, billing, or notice and demand for payment,

22  interest on the tax deficiency shall be the adjusted prime

23  rate charged by banks, rounded to the nearest full percent. If

24  the adjusted prime rate charged by banks, rounded to the

25  nearest full percent during either:

26         1.  The 6-month period ending on September 30 of any

27  calendar year, or

28         2.  The 6-month period ending on March 31 of any

29  calendar year

30  

31  

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    Florida Senate - 2004                                  SB 1668
    26-1331-04                                          See HB 391




 1  differs from the interest rate in effect on either such date,

 2  the executive director of the department shall, within 20

 3  days, establish an adjusted rate of interest equal to such

 4  adjusted prime rate.

 5         (b)  An adjusted rate of interest established under

 6  this subsection becomes effective:

 7         1.  On January 1 of the succeeding year, if based upon

 8  the adjusted prime rate for the 6-month period ending on

 9  September 30; or

10         2.  On July 1 of the same calendar year, if based upon

11  the adjusted prime rate for the 6-month period ending on March

12  31.

13         (5)  Once established, an adjusted rate of interest

14  remains in effect until further adjusted under subsection (2)

15  or subsection (3).

16         Section 2.  Subsection (1) of section 213.24, Florida

17  Statutes, is amended to read:

18         213.24  Accrual of penalties and interest on

19  deficiencies; deficiency billing costs.--

20         (1)  If an assessment, billing, or notice and demand is

21  made for the payment of any amount due under laws made

22  applicable to this chapter and if such amount is paid within

23  60 30 days after the date of such assessment, billing, or

24  notice and demand, no additional penalties or interest under

25  this section on the amount so paid shall be imposed for the

26  period after the date of such assessment, billing, or notice

27  and demand.

28         Section 3.  Subsection (12) of section 213.255, Florida

29  Statutes, is amended to read:

30  

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    Florida Senate - 2004                                  SB 1668
    26-1331-04                                          See HB 391




 1         213.255  Interest.--Interest shall be paid on

 2  overpayments of taxes, payment of taxes not due, or taxes paid

 3  in error, subject to the following conditions:

 4         (12)  The rate of interest shall be the adjusted rate

 5  established pursuant to s. 213.235(3), except that the annual

 6  rate of interest shall never be greater than 11 percent. This

 7  annual rate of interest shall be applied to all refunds of

 8  taxes administered by the department except for corporate

 9  income taxes and emergency excise taxes governed by ss.

10  220.721 and 220.723.

11         Section 4.  Subsection (1) of section 220.723, Florida

12  Statutes, is amended to read:

13         220.723  Overpayments; interest.--

14         (1)  Interest shall be allowed and paid in accordance

15  with the provisions of s. 220.807(3) upon any overpayment of a

16  tax imposed by this chapter. However, if any overpayment is

17  refunded or credited within 3 months after the date upon which

18  the taxpayer files written notice advising the department of

19  such overpayment, no interest shall be allowed on such

20  overpayment.

21         Section 5.  Subsections (1), (2), (3), and (5) of

22  section 220.807, Florida Statutes, are amended to read:

23         220.807  Determination of rate of interest.--

24         (1)  The annual rate of interest applicable to this

25  chapter shall be the adjusted rate established by the

26  executive director of the Department of Revenue under

27  subsection (2) or subsection (3), except that the annual rate

28  of interest shall never be greater than 12 percent.

29         (2)(a)  If the adjusted prime rate charged by banks,

30  rounded to the nearest full percent, plus 4 percentage points,

31  during either:

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    Florida Senate - 2004                                  SB 1668
    26-1331-04                                          See HB 391




 1         1.(a)  The 6-month period ending on September 30 of any

 2  calendar year; or

 3         2.(b)  The 6-month period ending on March 31 of any

 4  calendar year,

 5  

 6  differs from the interest rate in effect on either such date,

 7  the executive director of the Department of Revenue shall,

 8  within 20 days, establish an adjusted rate of interest equal

 9  to such adjusted prime rate plus 4 percentage points.

10         (b)(3)  An adjusted rate of interest established under

11  this subsection section shall become effective:

12         1.(a)  On January 1 of the succeeding year, if based

13  upon the adjusted prime rate plus 4 percentage points for the

14  6-month period ending on September 30; or

15         2.(b)  On July 1 of the same calendar year, if based

16  upon the adjusted prime rate plus 4 percentage points for the

17  6-month period ending on March 31.

18         (3)(a)  Notwithstanding subsection (2), if payment of a

19  tax payment deficiency is made within 60 days after issuance

20  of an assessment, billing, or notice and demand for payment,

21  or if an agreement for scheduling payments of taxes, interest,

22  and penalties is made within 60 days after issuance of an

23  assessment, billing, or notice and demand for payment,

24  interest on the tax deficiency shall be the adjusted prime

25  rate charged by banks, rounded to the nearest full percent. If

26  the adjusted prime rate charged by banks, rounded to the

27  nearest full percent during either:

28         1.  The 6-month period ending on September 30 of any

29  calendar year; or

30         2.  The 6-month period ending on March 31 of any

31  calendar year

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    Florida Senate - 2004                                  SB 1668
    26-1331-04                                          See HB 391




 1  

 2  differs from the interest rate in effect on either such date,

 3  the executive director of the department shall, within 20

 4  days, establish an adjusted rate of interest equal to such

 5  adjusted prime rate.

 6         (b)  An adjusted rate of interest established under

 7  this subsection becomes effective:

 8         1.  On January 1 of the succeeding year, if based upon

 9  the adjusted prime rate for the 6-month period ending on

10  September 30; or

11         2.  On July 1 of the same calendar year, if based upon

12  the adjusted prime rate for the 6-month period ending on March

13  31.

14         (5)  Once established, an adjusted rate of interest

15  shall remain in effect until an adjustment is made under

16  subsection (2) or subsection (3).

17         Section 6.  Subsection (5) of section 220.809, Florida

18  Statutes, is amended to read:

19         220.809  Interest on deficiencies.--

20         (5)  If an assessment, billing, or notice and demand is

21  made for the payment of any amount due under this chapter, and

22  if such amount is paid within 60 30 days after the date of

23  such assessment, billing, or notice and demand, interest under

24  this section on the amount so paid shall not be imposed for

25  the period after the date of such assessment, billing, or

26  notice and demand.

27         Section 7.  Amendments made by this act to sections

28  213.235 and 220.807, Florida Statutes, apply to interest due

29  on tax payment deficiencies that arise on or after July 1,

30  2004, and also apply to interest due on tax payment

31  deficiencies that arose on or after January 1, 2000, but

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    Florida Senate - 2004                                  SB 1668
    26-1331-04                                          See HB 391




 1  remain unpaid as of July 1, 2004. When calculating the rate

 2  that takes effect on July 1, 2004, the department shall use in

 3  making that calculation the adjusted prime rate charged by

 4  banks, rounded to the nearest full percent, during the 6-month

 5  period ending on March 31, 2004.

 6         Section 8.  This act shall take effect July 1, 2004.

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