Chapter 220 Income Tax Code
Part I - Title; Legislative Intent; Definitions (ss. 220.02, 220.03)
- §220.02 Legislative intent.
(1) It is the intent of the Legislature in enacting this code to impose a tax upon all corporations, organizations, associations, and other artificial entities which...
- §220.03 Definitions.
(1) SPECIFIC TERMS.--When used in this code, and when not otherwise distinctly expressed or manifestly incompatible with the intent thereof, the following terms shall have the...
Part II - Tax Imposed; Apportionment (ss. 220.11-220.193)
- §220.11 Tax imposed.
(1) A tax measured by net income is hereby imposed on every taxpayer for each taxable year commencing on or after January 1, 1972, and for...
- §220.12 "Net income" defined.
For purposes of this code, a taxpayer's net income for a taxable year shall be its adjusted federal income, or that share of its adjusted...
- §220.13 "Adjusted federal income" defined.
(1) The term "adjusted federal income" means an amount equal to the taxpayer's taxable income as defined in subsection (2), or such taxable income of more...
- §220.131 Adjusted federal income; affiliated groups.
(1) Notwithstanding any prior election made with respect to consolidated returns, and subject to subsection (5), for taxable years beginning on or after September 1, 1984,...
- §220.14 Exemption.
(1) In computing a taxpayer's liability for tax under this code, there shall be exempt from the tax $5,000 of net income as defined in s....
- §220.15 Apportionment of adjusted federal income.
(1) Except as provided in ss. 220.151 and 220.152, adjusted federal income as defined in s. 220.13 shall be apportioned to this state by taxpayers doing...
- §220.1501 Rulemaking authority to implement s. 220.15(2)(c), (4)(c), and (8).
The Department of Revenue has authority to adopt rules pursuant to the Administrative Procedure Act to implement s. 220.15(2)(c), (4)(c), and (8), as created by...
- §220.151 Apportionment; methods for special industries.
(1)(a) Except as provided in paragraph (b), the tax base of an insurance company for a taxable year or period shall be apportioned to this state...
- §220.152 Apportionment; other methods.
If the apportionment methods of ss. 220.15 and 220.151 do not fairly represent the extent of a taxpayer's tax base attributable to this state, the...
- §220.16 Allocation of nonbusiness income.
Nonbusiness income shall be allocated as follows: (1)(a) Net rents and royalties from real property located in this state are allocable to this state. (b) Net rents...
- §220.181 Enterprise zone jobs credit.
(1)(a) There shall be allowed a credit against the tax imposed by this chapter to any business located in an enterprise zone which demonstrates to the...
- §220.182 Enterprise zone property tax credit.
(1)(a) Beginning July 1, 1995, there shall be allowed a credit against the tax imposed by this chapter to any business which establishes a new business...
- §220.183 Community contribution tax credit.
(1) AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM SPENDING.-- (a) There shall be allowed a credit of 50 percent of a...
- §220.184 Hazardous waste facility tax credit.
(1) A credit against the tax imposed by this chapter shall be allowed to the owner of any commercial hazardous waste facility who incurs expenses for...
- §220.1845 Contaminated site rehabilitation tax credit.
(1) AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.-- (a) A credit in the amount of 50 percent of the costs of voluntary cleanup activity that is integral to site...
- §220.185 State housing tax credit.
(1) DEFINITIONS.--As used in this section, the term: (a) "Credit period" means the period of 5 years beginning with the year the project is completed. (b) "Eligible basis"...
- §220.186 Credit for Florida alternative minimum tax.
(1) A taxpayer required to determine taxable income pursuant to s. 220.13(2)(k) shall be allowed a credit against the tax imposed by this chapter in any...
- §220.187 Credits for contributions to nonprofit scholarship-funding organizations.
(1) PURPOSE.--The purpose of this section is to: (a) Encourage private, voluntary contributions to nonprofit scholarship-funding organizations. (b) Expand educational opportunities for children of families that have limited...
- §220.1895 Rural Job Tax Credit and Urban High-Crime Area Job Tax Credit.
There shall be allowed a credit against the tax imposed by this chapter amounts approved by the Office of Tourism, Trade, and Economic Development pursuant...
- §220.19 Child care tax credits.
(1) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.-- (a)1. A credit of 50 percent of the startup costs of child care facilities operated by a corporation for its...
- §220.191 Capital investment tax credit.
(1) DEFINITIONS.--For purposes of this section: (a) "Commencement of operations" means the beginning of active operations by a qualifying business of the principal function for which a...
- §220.192 Renewable energy technologies investment tax credit.
(1) DEFINITIONS.--For purposes of this section, the term: (a) "Biodiesel" means biodiesel as defined in s. 212.08(7)(ccc). (b) "Eligible costs" means: 1. Seventy-five percent of all capital costs, operation...
- §220.193 Florida renewable energy production credit.
(1) The purpose of this section is to encourage the development and expansion of facilities that produce renewable energy in Florida. (2) As used in this section,...
Part III - Returns; Declarations; Records (ss. 220.21-220.242)
- §220.21 Returns and records; regulations.
(1) Every taxpayer liable for the tax imposed by this code shall keep such records, render such statements, make such returns and notices, and comply with...
- §220.211 Penalties; incomplete return.
(1) In the case where an incomplete return is made, notwithstanding that no tax is finally determined to be due for the taxable year, there shall...
- §220.22 Returns; filing requirement.
(1) A return with respect to the tax imposed by this code shall be made by every taxpayer for each taxable year in which such taxpayer...
- §220.221 Returns; signing and verification.
(1) A return or notice required of a taxpayer shall be signed by an officer duly authorized so to act or, in the case of a...
- §220.222 Returns; time and place for filing.
(1) Returns required by this code shall be filed with the office of the department in Leon County or at such other place as the department...
- §220.23 Federal returns.
(1) Any taxpayer required to make a return for a taxable year under this code may, at any time that a deficiency could be assessed or...
- §220.24 Declaration of estimated tax.
(1) Every taxpayer shall make a declaration of estimated tax for the taxable year, in such form as the department shall prescribe, if the amount payable...
- §220.241 Declaration; time for filing.
A declaration of estimated tax under this code shall be filed on or before the 1st day of the 5th month of each taxable year,...
- §220.242 Declaration as return.
All the provisions of this part and of s. 213.053, relating to confidentiality, shall be applicable with respect to declarations of estimated tax unless manifestly...
Part IV - Payments (ss. 220.31-220.34)
- §220.31 Payments; due date.
(1) Every taxpayer required to file a return under this code or a notification under s. 220.23(2) shall, without assessment, notice, or demand, pay any tax...
- §220.32 Payments of tentative tax.
(1) In connection with any extension of the time for filing a return under s. 220.222(2), the taxpayer shall file a tentative tax return and pay,...
- §220.33 Payments of estimated tax.
A taxpayer required to file a declaration of estimated tax pursuant to s. 220.24 shall pay such estimated tax as follows: (1) If the declaration is...
- §220.34 Special rules relating to estimated tax.
(1) Any amount paid as estimated tax shall be deemed assessed upon the due date for the taxpayer's return for the taxable year, determined without regard...
Part V - Accounting (ss. 220.41-220.44)
- §220.41 Taxable year.
(1) For purposes of the tax imposed by this code and the returns required to be filed, the taxable year of a taxpayer shall be the...
- §220.42 Methods of accounting.
(1) For purposes of this code, a taxpayer's method of accounting shall be the same as such taxpayer's method of accounting for federal income tax purposes,...
- §220.43 Reference to federal determinations.
(1) To the extent not inconsistent with the provisions of this code or forms or regulations prescribed by the department, each taxpayer making a return under...
- §220.44 Adjustments.
If it appears to the director that any agreement, understanding, or arrangement exists between any taxpayers, or between any taxpayer and any other person, which...
Part VI - Miscellaneous Provisions (ss. 220.51-220.54)
- §220.51 Promulgation of rules and regulations.
In accordance with the Administrative Procedure Act, chapter 120, the department is authorized to make, promulgate, and enforce such reasonable rules and regulations, and to...
- §220.52 Arrangement and captions.
No inference, implication, or presumption of legislative construction shall be drawn or made by reason of the location or grouping of any particular sections or...
- §220.54 Administration of law.
The cost of preparing and distributing printed documents, reports, forms, and paraphernalia for the collection of the tax imposed by this code and the inspection...
Part VII - Special Rules Relating To Taxation Of Banks And
Savings Associations (ss. 220.62-220.65)
- §220.62 Definitions.
For purposes of this part: (1) The term "bank" means a bank holding company registered under the Bank Holding Company Act of 1956 of the United...
- §220.63 Franchise tax imposed on banks and savings associations.
(1) A franchise tax measured by net income is hereby imposed on every bank and savings association for each taxable year commencing on or after January...
- §220.64 Other provisions applicable to franchise tax.
To the extent that they are not manifestly incompatible with the provisions of this part, parts I, III, IV, V, VI, VIII, IX, and X...
- §220.65 Discharge of tax liability.
The tax imposed by this part shall be in lieu of, and no bank or savings association shall be subject to, the tax imposed under...
Part VIII - Administrative Procedures And Judicial Review
(ss. 220.701-220.739)
- §220.701 Collection authority.
The department shall collect the taxes imposed by this chapter and shall pay all moneys received by it into the General Revenue Fund of the...
- §220.703 Assessment.
(1) The amount of tax which is shown to be due on any return shall be deemed assessed on the date of filing the return, including...
- §220.705 Limitation on assessment.
No deficiency shall be assessed with respect to a taxable year for which a return was filed unless a notice of deficiency for such year...
- §220.707 Notice and demand.
(1) As soon as practicable after an amount payable under this chapter is deemed assessed under s. 220.703 or any other provision of this chapter, the...
- §220.709 Deficiency determinations.
(1) As soon as practicable after a return is filed, the department shall examine it to determine the correct amount of tax. If the department finds...
- §220.711 Notice of deficiency.
A notice of deficiency issued under this chapter shall set forth, in addition to the amount of tax and any penalties, a computation of the...
- §220.713 Assessment after notice.
Upon the expiration of 60 days after the date on which it was issued (150 days, if the taxpayer is outside the United States), a...
- §220.715 Waiver of restrictions on assessment.
At any time, whether or not a notice of deficiency has been issued, a taxpayer shall have the right to waive the restrictions on assessment...
- §220.717 Protest of proposed assessment.
(1) Within 60 days (150 days if the taxpayer is outside the United States) after the issuance of a notice of deficiency, the taxpayer may file...
- §220.719 Jeopardy assessments.
(1) If the department finds that a taxpayer is about to depart from the state, to conceal its property, or to do any other act tending...
- §220.721 Overpayments; credits.
(1) If, after a return has been filed, the department finds that the tax paid with the return is more than the correct amount, it shall...
- §220.723 Overpayments; interest.
(1) Interest shall be allowed and paid in accordance with the provisions of s. 220.807 upon any overpayment of a tax imposed by this chapter. However,...
- §220.725 Overpayments; refunds.
(1) Every claim for refund shall be filed with the department in writing, in such form as the department may by regulation prescribe, and shall state...
- §220.727 Limitations on claims for refund.
(1) Except as otherwise provided in this section: (a) A claim for refund must be filed within the period specified in s. 215.26(2); and (b) For purposes of...
- §220.731 Investigations.
For the purpose of administering and enforcing the provisions of this chapter, the department or any officer, agent, or employee of the department designated by...
- §220.733 Actions to recover taxes.
At any time that the department might commence proceedings for a levy under this chapter, it may bring an action in any court of competent...
- §220.735 Production of witnesses and records.
(1) The department, or any officer or employee of the department designated by the executive director in writing or by regulation, shall at its, her, or...
- §220.737 Amounts less than $1.
(1) The department may by regulation provide that if a total amount of less than $1 is payable, refundable, or creditable, such amount either may be...
- §220.739 Procedure for notices.
Whenever notice is required by this chapter, such notice shall, if not otherwise provided, be given to the taxpayer by personal delivery by an agent...
Part IX - Penalties, Interest, And Enforcement (ss. 220.801-220.829)
- §220.801 Penalties; failure to timely file returns.
(1) In case of failure to file any tax return required under this chapter on the date prescribed therefor, including any extensions thereof, there shall be...
- §220.803 Penalties; failure to pay tax.
(1) If any part of a deficiency is due to negligence or intentional disregard of rules and regulations prescribed by or under this chapter, but without...
- §220.805 Assessment of penalties.
The penalties provided by this part shall be paid upon notice and demand and shall be assessed, collected, and paid in the same manner as...
- §220.807 Determination of rate of interest.
(1) The annual rate of interest applicable to this chapter shall be the adjusted rate established by the executive director of the Department of Revenue under...
- §220.809 Interest on deficiencies.
(1) Except as provided in s. 220.23(2)(c), if any amount of tax imposed by this chapter is not paid on or before the date, determined without...
- §220.813 Liens; attachment and notice.
(1) The state shall have a lien for all or any portion of the tax or any penalty, or for any amount of interest which may...
- §220.815 Liens; priority and filing.
(1) Nothing in this part shall be construed to give the state a preference over the perfected rights of any bona fide purchaser, mortgagee, judgment creditor,...
- §220.819 Liens; release.
(1) The department may release all or any portion of the property subject to a lien if it determines that the release will not endanger or...
- §220.821 Liens; certificates of release.
(1) The department shall issue a certificate of complete or partial release of lien: (a) To the extent that the fair market value of any property subject...
- §220.823 Liens; costs.
The department shall not be required to furnish any bond or to make a deposit or to pay any costs or fees of any court...
- §220.825 Liens; foreclosure.
In addition to any other remedy provided by the laws of this state, and provided that no hearing or proceedings for review provided by this...
- §220.827 Collection procedures.
(1) In addition to any other remedy provided by the laws of this state, if any tax imposed by this chapter is not paid within the...
- §220.829 Liability of transferees.
The liability of a transferee of a taxpayer for any tax, penalty, or interest due shall be assessed, paid, and collected in the same manner...
Part X - Tax Crimes (ss. 220.901-220.905)
- §220.901 Willful and fraudulent acts.
Any taxpayer who is subject to the provisions of this chapter and who willfully fails to file a return or keep required books and records,...
- §220.903 Willful failure to pay over.
Any person who accepts money from a taxpayer that is due to the department, for the purpose of acting as the taxpayer's agent to make...
- §220.905 Aiding and abetting.
Any person who aids, abets, counsels, or conspires to commit any of the acts described in s. 220.901 or s. 220.903 shall be subject to...
