Bill Text: FL S0484 | 2017 | Regular Session | Introduced
Bill Title: Tax on Sales, Use, and Other Transactions
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2017-05-05 - Died in Appropriations Subcommittee on Finance and Tax [S0484 Detail]
Download: Florida-2017-S0484-Introduced.html
Florida Senate - 2017 SB 484 By Senator Hukill 14-00059-17 2017484__ 1 A bill to be entitled 2 An act relating to the tax on sales, use, and other 3 transactions; amending s. 212.031, F.S.; reducing the 4 tax levied on rental or license fees charged for the 5 use of real property; making technical changes; 6 providing an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Paragraphs (c) and (d) of subsection (1) of 11 section 212.031, Florida Statutes, are amended to read: 12 212.031 Tax on rental or license fee for use of real 13 property.— 14 (1) 15 (c) For the exercise of such privilege, a tax is levied in 16 an amount equal to 56percent of and on the total rent or 17 license fee charged for such real property by the person 18 charging or collecting the rental or license fee. The total rent 19 or license fee charged for such real property mustshallinclude 20 payments for the granting of a privilege to use or occupy real 21 property for any purpose and mustshallinclude base rent, 22 percentage rents, or similar charges. Such charges mustshallbe 23 included in the total rent or license fee subject to tax under 24 this section whether or not they can be attributed to the 25 ability of the lessor’s or licensor’s property as used or 26 operated to attract customers. Payments for intrinsically 27 valuable personal property such as franchises, trademarks, 28 service marks, logos, or patents are not subject to tax under 29 this section. IfIn the case ofa contractual arrangementthat30 provides forbothpayments that are taxable as total rent or 31 license fee and payments that are not taxablesubject to tax, 32 the tax shall be based on a reasonable allocation of such 33 payments and doesshallnot apply to thethatportionwhich is34 forthenontaxable payments. 35 (d) IfWhenthe rental or license fee of any such real 36 property is paid by way of property, goods, wares, merchandise, 37 services, or other thing of value, the tax shall be at the rate 38 of 56percent of the value of the property, goods, wares, 39 merchandise, services, or other thing of value. 40 Section 2. This act shall take effect January 1, 2018.