4635841, 12B-4.014 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 4635841

Notice of Development of Rulemaking

Department:

DEPARTMENT OF REVENUE

Division:

Miscellaneous Tax

Chapter:

DOCUMENTARY STAMP TAX

Overview

RULE:

12B-4.014

Conveyances Not Subject to Tax

PURPOSE:

The purpose of the proposed repeal of subsection (3) of Rule 12B-4.014, F.A.C. (Conveyances Not Subject to Tax), is to remove provisions stating that a deed filed to correct an error in a prior deed is subject to minimum documentary stamp tax only if the tax was paid on the original deed that were determined to be without sufficient authority by the circuit court judge in 46th Avenue Properties, Inc. v. Department of Revenue (6th Judicial Circuit, Case No. 01-9177 C1-19, Feb. 2, 2003). The effect of the repeal of this subsection is that when tax is not correctly paid on the original deed for which a corrective deed is filed, no additional tax is due on the corrective deed; however, the additional tax remains due on the original deed.

SUBJECT:

The subject area of the workshop is the proposed repeal of obsolete subsection (3) of Rule 12B-4.014, F.A.C. (Conveyances Not Subject to Tax), which limited the payment of the minimum documentary stamp tax on corrective deeds to only when tax was paid on the original deed.

RULEMAKING AUTHORITY:

201.11, 213.06(1) FS.

LAW:

201.022, 201.02 FS.

PRINT PUBLISH DATE:

9/21/2007 Vol. 33/38

RELATED STATUTES
AND LAWS:

201.11, 213.06(1) FS., 201.022, 201.02 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=12B-4.014&PDate=9/21/2007&Section=1

REFERENCE MATERIALS:

No reference(s).

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