Bill Text: FL S1368 | 2015 | Regular Session | Introduced
Bill Title: Tax on Real Property Rental and License Fees
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2015-05-01 - Died in Commerce and Tourism [S1368 Detail]
Download: Florida-2015-S1368-Introduced.html
Florida Senate - 2015 SB 1368 By Senator Latvala 20-01179-15 20151368__ 1 A bill to be entitled 2 An act relating to the tax on real property rental and 3 license fees; amending s. 212.031, F.S.; providing an 4 exemption from the tax for certain common area 5 maintenance charges; defining the term “common area 6 maintenance charges”; providing that such charges do 7 not include certain maintenance or repair costs 8 required to be capitalized for federal tax purposes; 9 reenacting ss. 212.0598(2) and 288.1258(2)(b) and (c) 10 and (3), F.S., to incorporate the amendment made to s. 11 212.031, F.S., in references thereto; providing an 12 effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Paragraph (c) of subsection (1) of section 17 212.031, Florida Statutes, is amended to read: 18 212.031 Tax on rental or license fee for use of real 19 property.— 20 (1) 21 (c) For the exercise of such privilege, a tax is levied in 22 an amount equal to 6 percent of and on the total rent or license 23 fee charged for such real property by the person charging or 24 collecting the rental or license fee. 25 1. The total rent or license fee charged for such real 26 property includesshall includepayments for the granting of a 27 privilege to use or occupy real property for any purpose and 28shall includebase rent, percentage rents, or similar charges. 29 Such charges mustshallbe included in the total rent or license 30 fee subject to tax under this section regardless of whetheror31notthey can be attributed to the ability of the lessor’s or 32 licensor’s property as used or operated to attract customers. 33 2. The following are not subject to tax under this section: 34 a. Payments for intrinsically valuable personal property 35 such as franchises, trademarks, service marks, logos, or patents 36are not subject to tax under this section. 37 b. Common area maintenance charges that are separately 38 stated in the written lease agreement and that do not exceed 5 39 percent of the base rent amount. For purposes of this sub 40 subparagraph, the term “common area maintenance charges” means 41 the amount required to be paid under a lease agreement to the 42 lessor which is exclusively used by the lessor to maintain or 43 repair the portions of the real property that are dedicated for 44 the use, enjoyment, or benefit of all lessees. Such charges do 45 not include maintenance or repair costs that are required to be 46 capitalized for federal tax purposes. 47 3. In the case of a contractual arrangement that provides 48 for both payments taxable as total rent or license fee and 49 payments not subject to tax, the tax shall be based on a 50 reasonable allocation of such payments and doesshallnot apply 51 to that portion which is for the nontaxable payments. 52 Section 2. Subsection (2) of s. 212.0598 and paragraphs (b) 53 and (c) of subsection (2) and subsection (3) of s. 288.1258, 54 Florida Statutes, are reenacted for the purpose of incorporating 55 the amendment made by this act to s. 212.031, Florida Statutes, 56 in references thereto. 57 Section 3. This act shall take effect July 1, 2015.