Florida Administrative Code

(1)(a) The public-use form provided in this rule is to be utilized by each municipality or charter county to report to the Department services taxed under Sections 166.231 and 166.232, F.S., and to report any other required information. The public-use form is employed by the Depa…

Interest shall accrue at the rate of interest established pursuant to Section 213.235, F.S., and Rule 12-3.0015, F.A.C. (prorated daily), not to exceed one percent per month. Interest accrues from the date of the delinquency until paid. Rulemaking Authority 213.06(1) FS. Law Impl…

(1) Oil. (a) The amount of tax is measured by the value of oil produced and saved. The rate for oil shall be 8 percent of the gross value thereof at the point of production. (b) All wells capable of producing less than 100 barrels of oil per day is taxed at the rate of 5 percent …

The tax is levied upon the basis of the entire production in Florida, including royalty interest, and the tax accrues at the time of severance from the soil or water, and in its natural, unrefined, or unmanufactured condition. (1) For oil measurement, the tax shall be measured or…

(1) Tax Paid to United States. The value of any oil production shall not include any wellhead or other production taxes imposed by the United States on producers to the extent such tax or taxes do not provide a credit or deduction for the taxes imposed by this state. (2) Transpor…

(1)(a) The following forms and instructions are used by the Department in its administration of the taxes imposed on the production of oil, gas, and sulfur. These forms are hereby incorporated by reference in this rule. (b) Copies of these forms are available, without cost, by: 1…

(1)(a) The following forms and instructions are used by the Department in its administration of the taxes and surcharge imposed on the severance of solid minerals, phosphate rock, or heavy minerals from the soils and waters of this state. These forms are hereby incorporated by re…

(1) The Miami-Dade County Lake Belt mitigation fee is imposed on each ton of limerock and sand extracted by any person who engages in the business of extracting limerock or sand within the areas and sections provided in Section 373.41492, F.S. The per-ton mitigation fee is at the…

(1)(a) The following form and instructions are used by the Department in its dealings with the public in the administration of the Miami-Dade County Lake Belt mitigation fee. This form and instructions are hereby incorporated by reference in this rule. (b) Copies of this form and…

(1) A tax is imposed on insurance premiums or assessments, including membership fees, finance charges, and policy fees and gross deposits received from subscribers to reciprocal or interinsurance agreements, and on annuity premiums or considerations, received during the preceding…

(1) Every insurer must collect a surcharge of $2 and $4 from the policyholders of certain types of property insurance issued or renewed. (2) The $2 surcharge applies to each residential dwelling fire policy, homeowner's, mobile homeowner's, tenant homeowner's, condominium unit ow…

(1)(a)1. The Department maintains an electronic database that is for use by insurers to assign insurance policies and premiums to local taxing jurisdictions. The electronic database, referred to as Florida's Address/Jurisdiction Database ("database"), is maintained on the Departm…

(1) Tax returns and reports must be made by insurers on forms prescribed by the Department. These forms are hereby incorporated by reference in this rule. (2) Copies of these forms are available, without cost, by: 1) downloading the form from the Department's website at floridare…

(1)(a)1.a. In addition to any other license or excise tax, a regulatory assessment is assessed and imposed upon every domestic, foreign, and alien insurer authorized to issue policies of fire insurance in Florida. b. The assessment is at the rate of 1 percent of the gross amount …

(1) When by or pursuant to the laws of any other state or foreign country any taxes, licenses, and other fees, in the aggregate, and any fines, penalties, deposit requirements, or other material obligations, prohibitions, or restrictions are or would be imposed upon Florida insur…

Corporations and other artificial entities which are to become partners in a partnership which conducts business, derives income or exists within the state shall be subject to tax under the Florida Income Tax Code, without regard to any other factor which would determine the tax …

Any term used in these rules have the meaning which is ascribed to it in Chapter 220, F.S., unless a clearly different meaning is indicated from the context in which the term is used. For the purposes of these rules: (1) "Apportionment" means the process of assigning business inc…

(1) The following activities, notwithstanding others within the meaning of taxable privileges described in Section 220.02, F.S., will be construed as conducting business, earning or receiving income in Florida, or constitute those activities of a resident or citizen of Florida fo…

(1) For a taxpayer doing business within and without the state, net income shall be the portion of the taxpayer's adjusted federal income for the taxable year which is apportioned to Florida under Section 220.15, F.S., plus the taxpayer's nonbusiness income for the taxable year w…

(1)(a) "Taxable income," as defined by Section 220.13(2), F.S., is the starting point in determining Florida corporate income tax due. (b) In general, "taxable income" is the amount of a corporation's income that is subject to federal tax. However, the federal deductions provided…

(1) Unless otherwise distinctly expressed, the terms used in this section shall have the same meaning as when used in a comparable context in the federal income tax regulations for consolidated returns. The term "common parent" as used in the federal regulations shall have the sa…

(1) For taxable years beginning on or after January 1, 1991, corporations will apportion their adjusted federal income in accordance with Section 220.15, F.S., only if they are doing business within and without Florida. A taxpayer will be considered doing business within and with…

(1) Section 220.151, F.S., states that a taxpayer providing transportation services (transportation company), or an insurance company, must apportion income to Florida using a single-factor formula, in lieu of the three-factor formula used in the general apportionment method. (2)…

(1)(a) A departure from the applicable method of apportionment required under the provisions of Section 220.15 or 220.151, F.S., shall be permitted only where the method does not accurately and fairly reflect business activity in Florida. An alternative method may not be invoked,…

(1) For purposes of the property factor, the term "real and tangible personal property" includes land, buildings, machinery, stocks of goods, equipment, and other real and tangible personal property, but does not include coin or currency. (2) Property shall be included in the pro…

(1) The total amount "paid" to employees is determined upon the basis of the taxpayer's accounting method. If the taxpayer has adopted the accrual method of accounting, all compensation properly accrued shall be deemed to have been paid. (a) Notwithstanding the taxpayer's method …

(1) For the purposes of the sales factor, the term "sales" means all gross receipts received by the taxpayer from transactions and activities in the regular course of its trade or business. (a) Sales of tangible personal property. In the case of a taxpayer engaged in manufacturin…

(1) "Nonbusiness income" means all income other than business income. For a determination of nonbusiness income, see Section 220.03(1)(r), F.S. (a) The classification of income by the labels occasionally used, such as manufacturing income, compensation for services, sales income,…

(1) If the Florida alternative minimum tax is paid pursuant to Section 220.11(3), F.S., or the Florida alternative minimum tax is offset by the credits provided in Section 220.1875 or 220.193, F.S., an alternative minimum tax credit is allowed by Section 220.186, F.S., in subsequ…

(1) Who May Claim the Credit Against Corporate Income Tax or Insurance Premium Tax. (a) Any taxpayer who has received prior approval from the Florida Department of Commerce for a community contribution to any revitalization project undertaken by an eligible sponsor, will be allow…

(1) Qualifying projects defined in Sections 220.191(1)(g)1. and 2., F.S. (a) Section 220.191, F.S., requires an application process for the capital investment tax credit, which includes review and recommendation by Enterprise Florida, and a certification from the Department of Ec…

(1) Definitions. For purposes of this rule, the following terms mean: (a) "Credit" means the credit for qualified railroad reconstruction or replacement expenditures authorized under Section 220.1915, F.S. (b) "Qualified expenditures" means gross expenditures made in Florida by a…

(1) Taxpayers seeking to obtain a corporate income tax credit for spaceflight projects must apply to the Department of Economic Opportunity, as provided in Section 220.194, F.S. (2)(a) For tax years beginning on or after October 1, 2015, a spaceflight business that has been appro…

(1)(a)1. A research and development tax credit against Florida corporate income/franchise tax is provided in Section 220.196, F.S., to a business enterprise that claims a valid research credit against federal corporate income tax for qualified research expenses as provided in sec…

(1) Definitions. For purpose of this rule, the following terms mean: (a) "Apprentice" means a person at least 16 years of age who is engaged in learning a recognized skilled trade through actual work experience under the supervision of journeyworker craftspersons, which training …

(1) Definitions. For purpose of this rule, the following terms mean: (a) "Credit" means the credit for manufacturing of human breast milk derived human milk fortifiers authorized under Section 220.1991, F.S. (b) "Qualifying manufacturing equipment" means equipment for use in the …

(1) Every corporation subject to the Florida Corporate Income Tax Code will be required to keep such permanent books of account or records as will be sufficient to establish the tax base. Since the Florida tax base is federal taxable income (with certain Florida modifications), a…

(1) Section 220.211, F.S., imposes a penalty for filing an "incomplete return". For tax returns due before January 1, 1993, this penalty is $150 or 5 percent of the tax finally determined to be due, whichever is greater, not to exceed $5,000. For tax returns due on or after Janua…

(1) In general, every corporation as defined in Section 220.03(1)(e), F.S., subject to tax under Chapter 220, Part II, F.S., and every bank and savings association subject to tax under Chapter 220, Part VII, F.S., must make a return of income for each taxable year in which such e…

(1) A return, election, or notice required of a taxpayer shall be signed by an officer duly authorized to sign. A return or notice required of a taxpayer made by a fiduciary under Section 220.22(3), F.S., shall be signed by the fiduciary. An officer's or fiduciary's signature on …

(1) Returns. (a) A return submitted to the Department by electronic means, as provided in rule Chapter 12-24, F.A.C., is considered to be timely filed if the submission of the electronic return is initiated, and a confirmation from the Department is received, before 5:00 p.m. (Ea…

(1) If a Federal amended return is filed or other redetermination of Federal income is made (for example, through an audit adjustment), and the adjustment would affect any item or items affecting net income subject to the Florida corporate income/franchise tax or the emergency ex…

(1) Definition. (a) Section 220.24(1), F.S., defines "estimated tax" as the amount which the taxpayer estimates to be the Florida corporate income/franchise tax due for the taxable year. (b) "Estimated tax," for the purposes of this rule, is the estimate of net corporate income/f…

(1) The Executive Director or the Executive Director's designee is authorized to make adjustments to clearly reflect income in order to arrive at a proper and accurate tax. The Executive Director or the Executive Director's designee is authorized to exercise such discretion when …

(1)(a) The following forms and instructions are used by the Department in its administration of the corporate income tax and franchise tax. These forms are hereby incorporated by reference in this rule. (b) Copies of these forms are available, without cost, by: 1) downloading the…

(1) The Department of Revenue hereby incorporates by reference in this rule the following sections of the United States Internal Revenue Code of 1986, as amended and in effect January 1, 1993: (a) s. 55, I.R.C.; (b) s. 78, I.R.C.; (c) s. 108, I.R.C.; (d) s. 338, I.R.C.; (e) s. 38…

(1) If a total amount of less than one dollar is payable, refundable or creditable, such amount shall be disregarded. No refund will be returned by the Department for an amount less than one dollar unless the taxpayer requests a refund in writing to the Comptroller. (2) To the ex…