Posted by: euser
June 23, 2010
Topic: Legal News

Amnesty For Sales Tax

The Florida Legislature has adopted a new statute, Chapter 2010-166, granting a three month period for amnesty for state and local taxes. These taxes include sales tax. The three month period starts July 1 and runs through September 20, 2010. The amnesty applies only to tax liabilities due before July 1, 2010.

The Department of Revenue has been instructed to prepare forms for claiming this amnesty. A Taxpayer can participate whether or not he is under audit, inquiry, examination, or civil investigation, and regardless of whether the amount due is included in a proposed assessment or an existing assessment, bill, notice, or demand for payment. Even if there is a pending administrative or judicial proceeding, the amnesty applies.

In order to participate, eligible taxpayers must file the forms and documentation specified by the Department of Revenue, and must make full payment of tax due, certain interest, and the administrative collection processing fee imposed in the statutes.

If the Taxpayer is not currently undergoing any contact with the Department of Revenue then the Taxpayer shall pay 50% of the amount of interest currently due. If the Taxpayer is participating in any of the proceedings noted above, he will pay 75% of the interest due. However, no penalties will be imposed on any tax paid pursuant to the amnesty program, and the Department of Revenue will not initiate a criminal investigation, nor refer for prosecution any Taxpayer participating in the amnesty program with respect to the failure to timely pay the tax disclosed.

The Taxpayer must waive their right to contest the taxes being reported. The Taxpayer must also waive any right to a refund, or to protest any denial of a refund.

If the Taxpayer can not make full payment, the Taxpayer can request the right to make stipulated payments under a stipulated payment plan. The minimum down payment of the plan will be 12.5% of the outstanding amount due under the amnesty agreement. The balance must be paid in seven (7) additional monthly payments. If an installment plan is used, interest will accrue on the balance under the installment plan.

Any Taxpayer already under criminal investigation, indictment, information, or prosecution is not eligible to participate in the amnesty program. This also applies to any Taxpayer under pre-trial intervention or diversion, probation, or community control (jail, state prison, or other correctional system).

Taxpayers should seriously consider taking advantage of this program as soon as possible.

Amnesty For Sales Tax

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