6420835, 12A-1.029 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 6420835

Notice of Development of Rulemaking

Department:

DEPARTMENT OF REVENUE

Division:

Sales and Use Tax

Chapter:

SALES AND USE TAX

Overview

RULE:

12A-1.029	Labels and Other Printed Matter Sold to Manufacturers (Repealed)
12A-1.036	Furniture and Storage Warehousemen
12A-1.040	Containers and Other Packaging Materials; Gift Wrapping
12A-1.075	Deposits (Repealed)

PURPOSE:

The purpose of the proposed repeal of Rule 12A-1.029, F.A.C. (Labels and Other Printed Matter Sold To Manufacturers), is to move provisions for sales of the following items to the substantial rewording of Rule 12A-1.040, F.A.C. (Containers and Other Packaging Materials; Gift Wrapping): (1) the sale of labels, name plates, and packing inserts used as packaging materials; (2) the sale of direction sheets and instruction books or manuals that provide instructions and accompany the product for sale; and (3) the sale of tangible advertising materials.
The purpose of the proposed amendments to Rule 12A-1.036, F.A.C. (Furniture and Storage Warehousemen), is to: (1) clarify that charges by warehousemen for moving, storing, packing, and shipping tangible personal property belonging to other persons are not subject to tax; (2) warehousemen who sell packaging materials and other items are required to register as dealers and collect sales tax on sales of taxable items; (3) provide that the payment of a claim for damaged merchandise is not a sale of tangible personal property; (4) provide that warehousemen who operate a business location to sell tangible personal property must collect tax on sales of tangible personal property; and (5) provide that the purchase of boxing, crating, shipping, and packaging materials for use by the warehousemen in performing their services of moving, storing, packing, and shipping tangible personal property belonging to other persons is subject to tax.
The purpose of the proposed amendments to Rule 12A-1.040, F.A.C. (Containers and Other Packaging Materials; Gift Wrapping), is to provide a single administrative rule regarding the taxability of containers and other packaging materials items that accompany a product for sale, the taxability of tangible  advertising materials that accompany a product for sale, and the taxability of items used in gift wrapping. When in effect, the provisions of the substantial rewording will provide for the administration of sales and use tax for the following:
•Materials used for packaging tangible personal property for sale;
•Instructional materials that accompany the product when sold to customers;
•Tangible advertising materials that accompany the product to the customer;
•Containers used more than one time for packaging tangible personal property;
•Deposits charged for reusable containers and the taxability of those containers;
•Dunnage used to protect packages and cargo during shipment;
•Materials used by persons who are not required to collect tax for services provided to their customers; and
•Charges for gift wrapping and the taxability of materials used in gift wrapping.
The purpose of the proposed repeal of Rule 12A-1.075, F.A.C. (Deposits), is to move the provisions regarding the taxability of charges for returnable containers to the substantial rewording of Rule 12A-1.040, F.A.C.

SUBJECT:

The subject area of the rule development workshop is the proposed provisions regarding the taxability of: (1) materials, containers, labels, sacks, bags, or similar items intended to accompany a product for sale, as provided in Section 212.02(14)(c), F.S.; (2) tangible advertising materials, as provided in Section 212.02(14)(b), F.S.; and (3) the taxability of containers that are to be returned by the purchaser to the seller and the taxability of deposits by customers for returnable containers.

RULEMAKING AUTHORITY:

212.17(6), 212.18(2), 213.06(1) FS.

LAW:

212.02(14), (15), (16), (18)-(21), 212.05(1)(b), 212.06(1)(a), 212.07(1)(b), 212.08(7)(v), 212.18(3) FS.

PRINT PUBLISH DATE:

11/21/2008 Vol. 34/47

RELATED STATUTES
AND LAWS:

212.17(6), 212.18(2), 213.06(1) FS., 212.02(14), (15), (16), (18)-(21), 212.05(1)(b), 212.06(1)(a), 212.07(1)(b), 212.08(7)(v), 212.18(3) 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=12A-1.029&PDate=11/21/2008&Section=1

REFERENCE MATERIALS:

No reference(s).

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