Florida Administrative Code

(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…

Rulemaking Authority 213.06(1), 220.187, 220.51 FS. Law Implemented 213.05, 213.35, 213.755, 220.03(1), 220.131, 220.187, 220.44, 624.51055 FS. History-New 3-15-04, Amended 4-5-07, 4-26-10, Repealed 6-6-11.

(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…

Rulemaking Authority 213.06(1), 220.192(5), (7), 220.51 FS. Law Implemented 220.192 FS. History-New 4-26-10, Repealed 12-12-19.

Rulemaking Authority 213.06(1), 220.193, 220.51 FS. Law Implemented 213.35, 220.02(8), 220.03(1), 220.131, 220.193, 220.21 FS. History-New 4-26-10, Amended 1-17-13, Repealed 2-20-25.

(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…

Rulemaking Authority 213.06(1), 220.51 FS. Law Implemented 220.32 FS. History-New 10-20-72, Formerly 12C-1.32, Amended 12-21-88, Repealed 9-1-09.

(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…

Rulemaking Authority 213.06(1), 220.42, 220.51 FS. Law Implemented 220.42 FS. History-New 10-8-74, Formerly 12C-1.42, Amended 12-21-88, 4-8-92, 3-18-96, 3-13-00, Repealed 10-27-22.

(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…

Rulemaking Authority 213.06(1), 220.51 FS. Law Implemented 220.68 FS., Section 127, Chapter 91-112, Section 8, Chapter 98-132, L.O.F. History-New 12-21-88, Amended 4-8-92, 5-17-94, 3-18-96, Repealed 4-14-09.

Rulemaking Authority 213.06(1), 220.51 FS. Law Implemented 120.62, 213.053, 220.731 FS. History-New 10-20-73, Amended 10-8-74, Formerly 12C-1.53(r)-(t), Amended 2-27-78, 12-21-88, 4-8-92, Repealed 5-9-13.

(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…

(1) The interest rate on any underpayment of tax or on any overpayment will be determined pursuant to Section 220.807, F.S. (2)(a) Interest on any overpayment accrues from the date the taxpayer files written notice with the Department. However, if an overpayment is refunded or cr…

The terms "Just Value, Just Valuation, Cash Value, Full Cash Value, Present Cash Value, Market Value, Actual Value and Value" are synonymous. These terms mean the price which the vendor's interest would bring if offered for sale by one who desires to sell but is not compelled to …

Rulemaking Authority 199.202, 213.06(1) FS. Law Implemented 199.023, 199.032, 199.042, 199.052, 199.057, 199.062, 199.103, 199.133, 199.135, 199.143, 199.145, 199.155, 199.175, 199.183, 199.185, 199.202 FS. History-New 4-17-72, Amended 12-20-73, 11-17-74, Formerly 12C-2.02, Amend…

Rulemaking Authority 199.202, 213.06(1) FS. Law Implemented 199.183, 199.185, 213.12(2) FS. History-New 4-17-72, Amended 12-20-73, 11-17-74, 4-21-75, Formerly 12C-2.03, Amended 11-21-91, 10-9-01, Repealed 1-28-08.

(1) Tax on Governmental Leasehold Estates - All leases of government-owned property are subject to an annual tax if rental payments are due as consideration for the lease, unless the lessee serves or performs a governmental, municipal, or public purpose or function as defined in …

(1) Governmental Leasehold - (a)1. Every person, regardless of domicile, who leases property from a governmental entity in this state, is required to file a return with the Department. All intangible personal property subject to tax is required to be assessed at its value as of J…

Rulemaking Authority 199.202, 213.06(1) FS. Law Implemented 199.052, 199.057, 199.062, 199.175, 199.202 FS. History-New 4-17-72, Amended 12-20-73, 11-17-74, 9-27-76, 9-6-77, Formerly 12C-2.06, Amended 11-21-91, 1-5-94, 6-2-98, 10-9-01, 5-4-03, Repealed 1-28-08.

Rulemaking Authority 199.202, 213.06(1) FS. Law Implemented 199.052, 199.175 FS. History-New 6-2-98, Repealed 1-28-08.

Rulemaking Authority 199.202, 213.06(1) FS. Law Implemented 199.052, 199.175 FS. History-New 6-2-98, Repealed 1-28-08.

Rulemaking Authority 199.202, 213.06(1) FS. Law Implemented 199.052, 199.175 FS. History-New 6-2-98, Amended 10-9-01, Repealed 1-28-08.

(1) Delinquent Penalty. A delinquent penalty of 10 percent of the tax due, per month or portion of a month, will accrue on the governmental leasehold estates intangible tax and the nonrecurring intangible tax that is not paid on or before the due date. The delinquent penalty will…

Rulemaking Authority 199.202, 213.06(1) FS. Law Implemented 199.052, 199.057, 199.062, 199.185, 607.1622, 733.702 FS. History-New 4-17-72, Amended 12-20-73, 4-21-75, Formerly 12C-2.08, Amended 7-31-90, 11-21-91, 1-5-94, 10-9-01, 5-4-03, Repealed 1-28-08.

(1) Leases of Governmental Property. (a) The value of a lease of governmental property described in subsection 12D-3.003(3), F.A.C., is determined by valuing the lease payments for the remaining term of the lease on January 1 of the tax year, subject to the following provisions: …

Rulemaking Authority 199.202(2), 213.06(1) FS. Law Implemented 199.104, 199.106 FS. History-New 5-18-93, Amended 10-9-01, Repealed 1-28-08.

(1) Nonrecurring Tax - Payments made directly to Department. Only nonrecurring tax due on obligations or advances made under instruments which have been previously recorded or which are not normally recorded or which are not normally taxed at the time of recording may be paid dir…

(1)(a) The following public use forms and instructions are employed by the Department in its dealings with the public related to administration of the intangible tax. These forms are hereby incorporated and made a part of this rule by reference. (b) Copies of these forms are avai…

(1)(a) Any person entitled to a refund of intangible personal property taxes may seek a refund by filing an Application for Refund (Form DR-26, incorporated by reference in Rule 12-26.008, F.A.C.) with the Department. Form DR-26 must be in accordance with the timing provisions of…