HB 183

A bill to be entitled
2An act relating to estate, inheritance, and other death
3taxes; providing a short title; creating s. 198.46, F.S.;
4providing definitions; imposing a retaliatory tax on
5property of a nonresident decedent when the nonresident's
6state of domicile imposes estate, inheritance, or other
7death taxes upon a resident of this state; providing a
8limitation; specifying tax rate criteria; providing tax
9payment requirements; providing application; providing an
10effective date.
12Be It Enacted by the Legislature of the State of Florida:
14     Section 1.  This act may be cited as the "Florida Taxpayers
15Protection Act."
16     Section 2.  Section 198.46, Florida Statutes, is created to
18     198.46  Retaliatory estate, inheritance, or other death
20     (1)  For purposes of this section, the term:
21     (a)  "Nonresident" means any person who is not a resident
22of this state but is a resident of the United States.
23     (b)  "State of domicile" means the state where a person is
24a resident.
25     (2)  A tax is imposed upon the transfer of property located
26in this state of every person who at the time of death was a
27nonresident. The tax is imposed only if the nonresident's state
28of domicile imposes an estate, inheritance, or other death tax
29upon the transfer of the property of a resident of this state
30that is located in that state and the amount of tax is in excess
31of the amount of such taxes that would be imposed by this state
32on transfers of such nonresident's similar property located in
33this state.
34     (3)  The tax due under this section shall be equal to the
35tax that a nonresident would have to pay under the laws of his
36or her state of domicile if he or she were a resident of this
37state and the nonresident's property located in this state were
38located in the nonresident's state of domicile and the
39nonresident's property located in the state of domicile were
40located in this state.
41     (4)  Notwithstanding any other provision of this chapter,
42the tax imposed by this section is due and payable, and tax
43returns are due, on or before the last day prescribed by the
44laws of the nonresident's state of domicile for the payment of
45tax or the filing of returns.
46     Section 3.  This act shall take effect July 1, 2011, and
47shall apply to nonresidents who die after June 30, 2011.

CODING: Words stricken are deletions; words underlined are additions.