8096510, 12B-4.060 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 8096510

Notice of Development of Rulemaking

Department:

DEPARTMENT OF REVENUE

Division:

Miscellaneous Tax

Chapter:

DOCUMENTARY STAMP TAX

Overview

RULE:

12B-4.060

Tax on Transfers of Ownership Interest in Legal Entities

PURPOSE:

Section 201.02(1)(b), F.S., as created by Chapter 2009-131, Laws of Florida (L.O.F.), imposes tax on transfers of ownership interests in a conduit entity when the transfer is within three years of a transfer of Florida real property into the conduit entity, documentary stamp tax was not paid on the full consideration when the real property was transferred into the conduit entity, and the ownership interest transferred belonged to the grantor of the real property. Chapter 2009-131, L.O.F., authorized the Department to promulgate an emergency rule and a permanent rule to implement the provisions of the law. The Department is seeking public participation and information to develop new Rule 12B-4.060, F.A.C. (Tax on Transfers of Ownership Interest in Legal Entities), regarding the documentary stamp tax imposed under Section 201.02(1)(b), F.S., on the transfer of ownership interest in a conduit entity.

SUBJECT:

This is a rule development workshop at which participation and information regarding Chapter 2009-131, L.O.F., is encouraged. This rule development workshop will assist the Department in understanding issues related to the application of the documentary stamp tax on the transfer of ownership interest in a conduit entity, as provided in Section 201.02(1)(b), F.S., as created by Chapter 2009-131, L.O.F.
Persons are encouraged to participate in the rule development workshop and to submit written comments regarding the tax imposed under Chapter 2009-131, L.O.F., for the following issues:
1. Undefined Terms. The legislation uses several terms that are undefined and may require increased administration. These terms include, but are not limited to:
•Legal Entity,
•Arm’s length transaction,
•Direct or indirect ownership,
•Real property interest, and
•Transfer of an interest for consideration.
2. Giving Credit for Prior Tax Paid. The legislation imposes tax on sales of ownership interests in entities after Florida real property is transferred into the entity. The statute appears to contemplate that no tax was paid when property was put into the entity. However, tax may be paid on partial consideration. The statute does not specify whether any credit should be granted for these prior taxes.
1. Mergers. The statute is silent with regard to treatment of mergers.
2. Additional Issues Related to Section 201.02(1)(b), F.S. Additional issues regarding the documentary stamp tax on the transfer of ownership interest in a conduit entity, as provided in Section 201.02(1)(b), F.S.

RULEMAKING AUTHORITY:

s. 6, Ch. 2009-131, L.O.F.

LAW:

201.02(1) FS., Ch. 2009-131, L.O.F.

PRINT PUBLISH DATE:

12/31/2009 Vol. 35/52

RELATED STATUTES
AND LAWS:

s. 6, Ch. 2009-131, L.O.F., 201.02(1) FS., Ch. 2009-131, L.O.F.

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-4.060&PDate=12/31/2009&Section=1

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.