12A-1.053: Electric Power and Energy
12A-1.087: Partial Exemption for Farm Equipment; Suggested Exemption Certificate for Items Used for Agricultural Purposes
PURPOSE AND EFFECT: The purpose of the proposed amendments to Rule 12A-1.053, F.A.C. (Electric Power and Energy), is to provide that provisions for the exemption for electricity used for the production or processing of agricultural farm products on a farm are provided in Rule 12A-1.087, F.A.C.
The purpose of the proposed amendments to Rule 12A-1.087, F.A.C., (Exemption for Power Farm Equipment; Suggested Exemption Certificates for Items Used for Agricultural Purposes), is to: (1) to change the rule title to reflect the changes in the rule; (2) incorporate the provisions of Sections 1-2, Chapter 2005-197, L.O.F., regarding the exemption provided for power farm equipment; (3) incorporate the provisions of Section 19, Chapter 2006-289, L.O.F., and Chapter 2007-56, L.O.F., regarding the exemption provided for electricity used for the production or processing of agricultural farm products on a farm; (4) provide that the purchase, lease, or rental of power farm equipment that is purchased and invoiced as a single working unit is exempt, but when purchased separately only items qualifying as power farm equipment are tax-exempt; and (5) eliminate the requirement for an exemption certificate to be issued by the purchaser to the seller for the purchase of tax-exempt seeds, including field, garden, and flower seeds, as seeds are tax-exempt regardless of their use.
The proposed amendments to Rule 12A-1.087, F.A.C.: (1) provide that “power farm equipment,” as defined in Chapter 2005-197, L.O.F., is exempt from tax, and change the rule title to reflect this statutory change; (2) remove obsolete definitions of the terms “self-propelled,” “power-drawn,” and “power-driven” farm equipment; (3) eliminate the 2.5% tax rate imposed on certain equipment prior to July 1, 2005; (4) provide examples of power farm equipment qualifying for the exemption; (5) provide that the purchase, lease, or rental of power farm equipment that is purchased and invoiced as a single working unit is exempt, but when purchased separately only items qualifying as power farm equipment are tax-exempt; (6) provide examples of items purchased and invoiced as a single working unit that qualifies for the exemption for power farm equipment; (7) provide that generators and power units are included in the definition of power farm equipment; (8) eliminate obsolete provisions regarding generators; (9) eliminate the requirement for an exemption certificate to be issued by the purchaser to the seller for the purchase of tax-exempt seeds, including field, garden, and flower seeds; (10) provide requirements for the exemption provided by Section 19, Chapter 2006-289, L.O.F., and amended by Chapter 2007-56, L.O.F., for electricity used for the production or processing of agricultural farm products on a farm and a suggested purchaser’s exemption certificate to be issued to electric utilities; (11) revise the suggested exemption certificate to incorporate the exemption provided for power farm equipment and a statement that the facts stated in the exemption certificate are true and to remove the obsolete term “self-propelled, power-drawn, or power-driven farm equipment” and the obsolete requirement to issue an exemption certificate to purchase seeds tax-exempt; and (12) provide technical changes.
SUBJECT AREA TO BE ADDRESSED: The subject of this workshop is the proposed amendments to Rules 12A-1.053 and 12A-1.087, F.A.C., that are necessary to implement the provisions of Sections 1 and 2, Chapter 2005-197, L.O.F., regarding the tax exemption provided for power farm equipment, and the provisions of Section 19, Chapter 2006-289, L.O.F., and Chapter 2007-56, L.O.F., regarding the exemption provided for electricity used for the production or processing of agricultural farm products on a farm.
SPECIFIC AUTHORITY: 212.17(6), 212.18(2), 213.06(1) FS.
LAW IMPLEMENTED: 212.02(2), (14)(c), (19), (30), (31), (32), 212.05(1), 212.0501, 212.06(1), 212.07(5), 212.08(3), (4), (5)(a), (e), (7)(j), 212.085, 212.18 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: August 29, 2007, 10:00 a.m.
PLACE: Florida Farm Bureau Building, 5700 S. W. 34th Street, Gainesville, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Larry Green at (850)922-4830. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Richard Parsons, Tax Law Specialist, Technical Assistance and Dispute Resolution, Department of Revenue, P. O. Box 7443, Tallahassee, Florida 32314-7443, telephone (850)922-4838
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
12A-1.053 Electric Power and Energy.
(1) through (3) No change.
(4) See Rule 12A-1.087, F.A.C., for requirements to claim the exemption for electricity used for the production or processing of agricultural farm products on a farm.
Specific Authority 212.17(6), 212.18(2), 213.06(1) FS. Law Implemented 212.02(2), (19), 212.05(1)(e), 212.06(1)(a), (b), 212.08(4), (5)(e)2., (7)(j), 212.18(2) FS, History–Revised 10-7-68, 6-16-72, Amended 12-11-74, 10-18-78, 6-3-80, 12-23-80, 7-20-82, Formerly 12A-1.53, Amended 10-2-01, 4-17-03,_________.
12A-1.087 Partial Exemption for Power Farm Equipment; Suggested Exemption Certificate for Items Used for Agricultural Purposes.
(1)(a) The sale, rental, lease, use, consumption, or storage for use of power self-propelled, power-drawn, or power-driven farm equipment is exempt taxable at the rate of 2.5 percent. To qualify for this the partial exemption, the power farm such equipment must be used exclusively on a farm or in a forest in the agricultural production of crops or products as produced by those agricultural industries included in Section s. 570.02(1), F.S., or for fire prevention and suppression work with respect to such crops or products. Power Self-propelled, power-drawn, or power-driven farm equipment that is not purchased, leased, or rented for exclusive use in the agricultural production of agricultural products, or for fire prevention or suppression work with respect to such crops or products, does not qualify for this partial exemption. This partial exemption is not forfeited by moving qualifying power farm equipment between farms or forests.
(b) The exemption will not be allowed unless the purchaser furnishes the seller a written certificate that the purchased items qualify for the exemption limitation under Section s. 212.08(3), F.S. The format of a suggested certificate is contained in subsection (10)(11).
(c) Dealers who accept in good faith the required certificate from the purchaser will not be assessed sales tax in excess of 2.5 percent on sales of qualifying equipment purchased for a nonexempt use. In such instances, the Department will look solely to the purchaser for any additional sales tax due.
(2) For purposes of this rule, the following definitions will apply:
(a) Agricultural industries, as defined in Section s. 570.02(1), F.S., include aquaculture, horticulture, floriculture, viticulture, forestry, dairy, livestock, poultry, bees, and any and all forms of farm products and farm production.
(b) Agricultural production, as defined in Section s. 212.02(32)(34), F.S., means the production of plants and animals useful to humans, including the preparation, planting, cultivating, or harvesting of these products or any other practices necessary to accomplish production through the harvest phase, and includes aquaculture, horticulture, floriculture, viticulture, forestry, dairy, livestock, poultry, bees, and any and all forms of farm products and farm production.
(c) Aquaculture products, as defined in Section s. 597.0015(3), F.S., means aquatic organisms and any product derived from aquatic organisms that are owned and propagated, grown, or produced under controlled conditions. Such products do not include organisms harvested from the wild for depuration, wet storage, or relay for purification.
(d) Cultivating means the nurturing or the fostering of growth of an agricultural crop or product, including the elimination of weeds. Examples of cultivating include, but are not limited to: feeding, fertilizing, plowing, pruning, and spraying agriculture crops or products.
(e) Forest, as defined in Section s. 212.02(31)(33), F.S., means the land stocked by trees of any size used in the production of forest products, or formerly having such tree cover, and not currently developed for nonforest use.
(f) Harvesting means the act or process of cutting, reaping, digging up, or gathering an agricultural product or crop from a place where grown. Harvesting does not include the processing of crops or products.
(g) Processing means the act of changing or converting the nature of a product after it has been harvested.
(3)(a) Power Self-propelled farm equipment, as defined in Section s. 212.02(30), F.S., includes: means equipment that contains within itself the means for its own propulsion, including, but not limited to tractors. In addition to tractors, qualifying propelled farm equipment also includes, but is not limited to:
1. Aerators.
2.(a) All-terrain vehicles.
3. Augers.
4. Automated potting, transplanting, seeding, soil mixing, and flat filling equipment.
5. Bale shedders.
6.(b) Backhoes.
7.(c) Boats and boat motors, purchased together or separately, for use in the agricultural production of aquaculture products on a farm. See subsection (4) of this rule regarding specific guidelines for persons engaging in aquaculture activities.
8.(d) Bulldozers.
9. Chainsaws.
10.(e) Combines.
11. Conveyers.
12. Corn, cotton, grain, and bean heads for use on combines.
13. Cultivators.
14. Disks.
15. Electric fans.
16. Feed mills (portable).
17. Feeding stations.
18. Feeding systems.
19.(f) Feller bunchers.
20.(g) Forest fertilizer spreaders.
21. Field trailers and wagons.
22. Forklifts, excluding forklifts used for processing farm products.
23. Front-end loaders.
24. Harrows.
25. Hay balers, hay cutters, hay rakes, and tedders.
26.(h) Irrigation equipment (Traveling “gun-type” and center pivot irrigation systems), excluding replacement hoses and pipes that are not an integral part of the moving system.
27. Livestock feeders.
28. Log loaders.
29. Milking machines.
30. Motorized pumps.
31. Mowers.
32. Planters.
33. Plows.
34. Power units, including electric-powered, fuel-powered, or solar-powered motors or engines.
35. Scalpers.
36. Scrapers, graders, and grade boxes.
37.(i) Skid steer loaders.
38.(j) Skidders.
39. Sod cutters.
40. Sod harvesters.
41. Sprayers.
42. Spreaders.
43. Tractors.
44. Tree bedders.
45. Wood chippers (field type).
(b) The purchase, lease, or rental of power farm equipment which is invoiced as a single working unit that is used exclusively on a farm or in a forest, as provided in paragraph (1)(a), qualifies for the exemption. When the component parts are invoiced separately, only those components that qualify for the exemption, as provided in paragraph (1)(a), may be purchased, leased, or rented tax-exempt.
1. Example: An irrigation supply system is purchased for use on a farm to provide water to an agricultural crop. The irrigation supply system, consisting of pumps, pipes, tubing, hoses, generator, motors, and other items, is purchased and invoiced as a single item at a single price. The purchase of the irrigation supply system is exempt.
2. Example: A farmer owns an irrigation supply system and wants to replace or update various components of the system. The farmer purchases an additional pump, a generator, and various hoses, pipe, and connectors in order to replace or update the system. The pump and generator qualify as power farm equipment, and these items may be purchased tax-exempt. The purchase of the various hoses, pipe, and connectors does not qualify as a purchase of power farm equipment and is subject to tax at the time of purchase.
(4)(a) Persons engaged in the agricultural production of aquaculture products qualify for the partial exemption on their purchase or lease of a boat or boat motor to be used exclusively for aquacultural purposes. To qualify for exemption, such person must be registered with the Department of Agriculture and Consumer Services under Section s. 597.004, F.S., as a person engaged in aquaculture. For purposes of this rule, a farm includes submerged sites leased from the state under the authority of Section s. 253.68, F.S., by a person engaged in aquaculture activities.
(b) Example: A clam farmer leases a submerged site from the state pursuant to Section s. 253.68, F.S., and is certified under Section s. 597.004, F.S., with the Department of Agriculture and Consumer Services. The clam farmer qualifies for the partial exemption on the purchase or lease of a boat used exclusively in the agricultural production of clams on the leased site. The exemption is not forfeited by moving boats between farms.
(5) Power-drawn farm equipment, as defined in s. 212.02(31), F.S., means farm equipment that is pulled, dragged, or otherwise attached to self-propelled equipment, including, but not limited to, disks, harrows, hay balers, and mowers. In addition to the equipment included in the statutory definition, power-drawn farm equipment also includes, but is not limited to:
(a) Bale shredders.
(b) Corn, cotton, grain, and bean heads for use on combines.
(c) Cultivators.
(d) Feed mills (portable).
(e) Field trailers, wagons, and carts.
(f) Front-end loaders.
(g) Livestock feeders.
(h) Log loaders.
(i) Planters.
(j) Plows.
(k) Scalpers.
(l) Scrapers, graders, grade boxes.
(m) Sprayers.
(n) Spreaders.
(o) Tree bedders.
(p) Wood chippers (field type).
(6) Power-driven farm equipment, as defined in s. 212.02(32), F.S., means moving or stationary equipment that is dependent upon an external power source to perform its function, including, but not limited to, conveyors, augers, feeding systems, and pumps. In addition to the equipment included in the statutory definition, power-driven farm equipment also includes, but is not limited to:
(a) Aerators.
(b) Automated potting, transplanting, seeding, soil mixing, and flat filling equipment.
(c) Chain saws.
(d) Milking machines.
(5)(7)(a) Power Self-propelled and power-drawn farm equipment does not include vehicles (including vehicles without motive power, such as cattle trailers and log trailers) that are required to be licensed as a motor vehicle under Chapter 320, F.S.
(b) Power Self-propelled and power-drawn farm equipment does not include equipment used for processing agricultural crops or and products.
(6)(8)(a) Generators (excluding generators purchased for use on poultry farms), motors, and similar types of equipment used exclusively as a power source on a farm or in a forest, as provided in paragraph (1)(a), are exempt from tax to supply power to power-driven farm equipment do not qualify as power-driven farm equipment and are taxable at the 6 percent rate. Generators that are attached to and are sold as an integral part of the qualifying farm equipment qualify for the partial exemption. For example: a diesel-powered generator used to supply power to an irrigation pump qualifies for the exemption. A generator used to power equipment used in agricultural production also qualifies for the exemption.
1. Example: A diesel-powered generator used to supply power to an irrigation pump does not qualify, since it is the external power source that runs the qualifying equipment. The qualifying equipment in this example is the irrigation pump.
2. Example: A diesel-powered irrigation pump that pumps water from a supply source qualifies as power-driven farm equipment. In some instances, a generator is attached to and is powered by the irrigation pump, and the generator supplies power to the moving irrigation system. In this example, since the generator is an integral part of the irrigation pump, it qualifies as power-driven farm equipment when sold as part of the pump.
(b)1. Generators purchased, rented, or leased for use on a poultry farm are exempt from sales tax under Section s. 212.08(5)(a), F.S. The exemption will not be allowed unless the purchaser or lessee issues to the seller a signed certificate stating the generator is purchased or leased for exclusive use on a poultry farm. Although the Department does not furnish the printed form to be executed by farmers when purchasing qualifying generators, a suggested certificate is contained in subsection (11).
2. Dealers who accept in good faith the required certificate from the purchaser will not be assessed sales tax on sales of qualifying generators purchased for a non-exempt use. In such instances, the Department will look solely to the purchaser for any additional sales tax due.
(7)(9) The partial exemption for power farm equipment does not apply to charges for repairs to farm equipment or to purchases of replacement parts for such equipment.
(8)(10)(a) The following sales and uses of liquefied petroleum gas, diesel, and kerosene are exempt when:
1. Sold for use in any tractor, vehicle, or other farm equipment that is used exclusively on a farm for farming purposes.
2. Consumed in transporting farm vehicles and farm equipment between farms.
3. Sold for use to heat a structure in which started pullets or broilers are raised.
4. Sold for use to transport bees by water and in the operation of equipment used in the apiary of a beekeeper.
(b) Liquefied petroleum gas, diesel, and kerosene sold for use in any tractor or vehicle driven or operated upon the public highways of the state is subject to tax.
(9)(a) Electricity used for the production or processing of agricultural farm products on a farm is exempt only if the electricity is separately metered from the electricity used for nonproduction or nonprocessing purposes. If the electricity is centrally metered and is used for both tax-exempt and taxable purposes, the purchase of the electricity is subject to tax.
(b) The exemption will not be allowed unless the purchaser furnishes its utility a written certificate stating that the electricity is used on a farm for the production or processing of agricultural farm products and qualifies for the exemption under Section 212.08(5)(e)2., F.S. The following is a suggested format of a purchaser’s exemption certificate to be issued to a utility company to make tax-exempt purchases of electricity used for this purpose:
SUGGESTED PURCHASER'S EXEMPTION
CERTIFICATE ELECTRICITY USED FOR
THE PRODUCTION OR PROCESSING OF
AGRICULTURAL PRODUCTS ON A FARM
I certify that the electricity used on or after ______(DATE) from__________(UTILITY COMPANY) consumed through the following meter(s) will be used in the production or processing of agricultural farm products on a farm and is exempt from sales tax pursuant to Section 212.08(5)(e)2., Florida Statutes.
I understand that if the electricity purchased does not qualify for exemption under Section 212.08(5)(e)2.,
I understand that if I fraudulently issue this certificate to evade the payment of sales tax, I will be liable for payment of the sales tax, plus a mandatory penalty of 200% of the tax, and will be liable for fine and punishment provided by law for conviction of a felony of the third degree, as provided in Section 775.082, 775.083, or 775.084, Florida Statutes.
Under penalties of perjury, I declare that I have read the foregoing document and that the facts stated in it are true.
__________________________ ___________________
Purchaser’s Name and Title Purchaser’s Address
(Print or Type)
_________________________
Signature
_________________________
Date
(10)(11) Suggested Exemption Certificate for Items Used for Agricultural Purposes.
(a) Any person who purchases items that qualify for the exemption limitation under Section s. 212.08(3), F.S., must issue an exemption certificate to the selling dealer to purchase qualifying power farm equipment tax-exempt at the rate of 2.5 percent. Any purchaser who purchases items for agricultural purposes must also issue an exemption certificate to the selling dealer in lieu of paying tax. The exemption certificate must contain the purchaser’s name and, address, the reason for which the use of the item qualifies for exemption based on its use, and the signature of the purchaser or an authorized representative of the purchaser.
(b) Seeds, including field, garden, and flower seeds are exempt. The purchaser is not required to issue an exemption certificate to the selling dealer to purchase seeds tax-exempt.
(c)(b) The selling dealer is only required to obtain one certificate for sales made for the purposes indicated on the certificate and is not required to obtain an exemption certificate for subsequent sales made to the same purchaser for the exempt purpose indicated on the exemption certificate. The selling dealer must maintain the required exemption certificates in its books and records until tax imposed by Chapter 212, F.S., may no longer be determined and assessed under Section s. 95.091(3), F.S.
(d) Dealers who accept in good faith the required certificate from the purchaser or lessee will not be assessed sales tax on sales of power farm equipment or items for agricultural use or for agricultural purposes. In such instances, the Department will look solely to the purchaser or lessee for any additional sales or use tax due.
(e)(c) Selling dealers may contact the Department at (800)352-3671 1(800)352-3671 to verify the specific exemption specified by the purchaser or lessee. Persons with hearing or speech impairments may call the Department’s TDD, at (800)367-8331 1(800)367-8331.
(f)(d) The following is a suggested format of an exemption certificate to be issued by any person purchasing or leasing power farm equipment qualifying for exemption items that qualify for the limitation under Section s. 212.08(3), F.S., or items that qualify for exemption as items for agricultural use or items for agricultural purposes. Exemption purposes listed on the suggested format that are not relevant to the purchaser or lessee may be eliminated from the certificate. The Department does not furnish the printed exemption certificate to be executed by purchasers or lessees when purchasing tax-exempt power farm equipment or items for agricultural use or for agricultural purposes.
SUGGESTED PURCHASER’S EXEMPTION CERTIFICATE
ITEMS FOR AGRICULTURAL USE OR FOR
AGRICULTURAL PURPOSES AND POWER CERTAIN FARM EQUIPMENT
This is to certify that the items identified below, purchased on or after___________(date) from _______________ (Selling Dealer’s Business Name) are purchased, leased, licensed, or rented for the following purpose as checked in the space provided. This is not intended to be an exhaustive list:
( ) Cloth, plastic, or similar material used for shade, mulch, or protection from frost or insects on a farm.
( ) Fertilizers (including peat, topsoil, sand used for rooting purposes, peatmoss, compost, and manure, but not fill dirt), insecticides, fungicides, pesticides, and weed killers used for application on or in the cultivation of crops, groves, home vegetable gardens, and commercial nurseries.
( ) Generators purchased, rented, or leased for exclusive use on a poultry farm.
( ) Insecticides and fungicides, including disinfectants, used in dairy barns or on poultry farms for the purpose of protecting cows or poultry or used directly on animals, as provided in Section s. 212.08(5)(a), F.S.
( ) Nets, and parts used in the repair of nets, purchased by commercial fisheries.
( ) Nursery stock, seedlings, cuttings, or other propagative material for growing stock.
( ) Portable containers, or moveable receptacles in which portable containers are placed, that are used for harvesting or processing farm products.
( ) Seeds, including field and garden seeds and flower seeds.
( ) Seedlings, Seeds, seedlings, cuttings, and plants used to produce food for human consumption.
( ) Items that are used by a farmer to contain, produce, or process an agricultural commodity, such as: glue for tin and glass for use by apiarists; containers, labels, and mailing cases for honey; wax moth control with paradichlorobenzene; cellophane wrappers; shipping cases; labels, containers, clay pots and receptacles, sacks or bags, burlap, cans, nails, and other materials used in packaging plants for sale; window cartons; baling wire and twine used for bailing hay; and other packaging materials for one time use in preparing an agricultural commodity for sale.
( ) Liquefied petroleum gas or other fuel used to heat a structure in which started pullets or broilers are raised.
( ) Liquefied gas, diesel, or kerosene used to transport bees by water and in the operation of equipment used in the apiary of a beekeeper.
( ) Liquefied petroleum gas, diesel, or kerosene used for agricultural purposes in any tractor, vehicle, or other farm equipment that is used exclusively on a farm for farming purposes.
( ) Power farm Self-propelled, power-drawn, or power-driven equipment, when purchased, rented, or leased for exclusive use in the agricultural production of crops or products as produced by those agricultural industries included in Section s. 570.02(1), F.S., or for fire prevention and suppression work with respect to such crops or products, taxable at the rate of 2.5 percent.
( ) Other (include description and statutory citation):
I understand that if I use the item for any purpose other than the one I stated, I must pay tax on the purchase or lease price of the taxable item directly to the Department of Revenue.
I understand that if I fraudulently issue this certificate to evade the payment of sales tax I will be liable for payment of the sales tax plus a penalty of 200% of the tax and may be subject to conviction of a third degree felony.
The exemption specified by the purchaser may be verified by calling (800) 352-3671 1(800)352-3671.
Under penalties of perjury, I declare that I have read the foregoing document and that the facts stated in it are true.
Purchaser’s Name:___________________________________
Purchaser’s Address:_________________________________
Name and Title of Purchaser’s Authorized Representative:_____________________________________
_________________________________________________
Sales and Use Tax Certificate of Registration No. (if applicable):________________________________________
By:_______________________________________________
(Signature of Purchaser or Authorized Representative):_____________________________________
Title:______________________________________________
(Title – only if purchased by an authorized representative of a business entity)
Date:_______________________
Specific Authority 212.17(6), 212.18(2), 213.06(1) FS. Law Implemented 212.02(14)(c), (30), (31), (32), (33), (34), 212.05(1), 212.0501, 212.06(1), 212.07(5), 212.08(3), (5)(a), (e), 212.085 FS. History–Revised 10-7-68, 1-7-70, 6-16-72, Amended 10-18-78, 7-20-82, 4-12-84, Formerly 12A-1.87, Amended 12-13-88, 3-1-00, 6-19-01,________.