Bill Text: FL H0183 | 2011 | Regular Session | Introduced

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Bill Title: Estate, Inheritance, and Other Death Taxes

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0183 Detail]

Download: Florida-2011-H0183-Introduced.html

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HB 183

1	A bill to be entitled
2	An act relating to estate, inheritance, and other death
3	taxes; providing a short title; creating s. 198.46, F.S.;
4	providing definitions; imposing a retaliatory tax on
5	property of a nonresident decedent when the nonresident's
6	state of domicile imposes estate, inheritance, or other
7	death taxes upon a resident of this state; providing a
8	limitation; specifying tax rate criteria; providing tax
9	payment requirements; providing application; providing an
10	effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  This act may be cited as the "Florida Taxpayers
15	Protection Act."
16	Section 2.  Section 198.46, Florida Statutes, is created to
17	read:
18	198.46  Retaliatory estate, inheritance, or other death
19	taxes.-
20	(1)  For purposes of this section, the term:
21	(a)  "Nonresident" means any person who is not a resident
22	of this state but is a resident of the United States.
23	(b)  "State of domicile" means the state where a person is
24	a resident.
25	(2)  A tax is imposed upon the transfer of property located
26	in this state of every person who at the time of death was a
27	nonresident. The tax is imposed only if the nonresident's state
28	of domicile imposes an estate, inheritance, or other death tax
29	upon the transfer of the property of a resident of this state
30	that is located in that state and the amount of tax is in excess
31	of the amount of such taxes that would be imposed by this state
32	on transfers of such nonresident's similar property located in
33	this state.
34	(3)  The tax due under this section shall be equal to the
35	tax that a nonresident would have to pay under the laws of his
36	or her state of domicile if he or she were a resident of this
37	state and the nonresident's property located in this state were
38	located in the nonresident's state of domicile and the
39	nonresident's property located in the state of domicile were
40	located in this state.
41	(4)  Notwithstanding any other provision of this chapter,
42	the tax imposed by this section is due and payable, and tax
43	returns are due, on or before the last day prescribed by the
44	laws of the nonresident's state of domicile for the payment of
45	tax or the filing of returns.
46	Section 3.  This act shall take effect July 1, 2011, and
47	shall apply to nonresidents who die after June 30, 2011.

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