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Florida Proposed Rules


Rule Number: Rule Title
12B-8.003Tax Statement; Overpayments

Next Step:At the August 23, 2022, meeting, the Governor and Cabinet approved the publication of the Notice of Proposed Rulemaking and subsequent adoption of the proposed rule if the substance of the proposed rule [including materials incorporated by reference, if any] remained unchanged upon reaching the date applicable to filing for final adoption pursuant to s. 120.54(3)(e)2., F.S. No substantive changes were made to this rule and the Department filed this rule for certification with the Department of State on November 21, 2022. This rule will go into effect on January 1, 2023.

Forms:
DR-907N: Instructions for Filing Insurance Premium Installment Payment
DR-908: Insurance Premium Taxes and Fees Return for Calendar Year 2021
DR-908N: Instructions for Preparing Form DR-908 Florida Insurance Premium Taxes and Fees Return
DR-350900: 2021 Insurance Premium Tax Information for Schedules XII and XIII, Form DR-908



Certified Final Language:January 1, 2023
Certification Package:November 22, 2022
Certification Letter to JAPC:November 09, 2022
Hearing Information:September 21, 2022 (Canceled, no request received)
Package Filed with JAPC:August 24, 2022
Notice of Proposed Rule:August 24, 2022 (Vol. 48, No. 165)
Cabinet Meeting for Hearing:August 23, 2022
Notice of Public Meeting - Cabinet for Hearing:August 12, 2022 (Vol. 48, No. 157)
Workshop Information:July 27, 2022
Draft Rule Language:July 27, 2022
Notice of Rule Development:July 12, 2022 (Vol. 48, No. 138, pp. 7-8)

Purpose:    The purpose of this rulemaking is to implement legislative changes and other updates to four forms within Rule 12B-8.003, Tax Statement; Overpayments. Pursuant to s. 213.755(1), F.S., taxpayers are required to electronically file returns and electronically remit payments of taxes and fees where the taxpayer paid tax in the prior state fiscal year in an amount greater than or equal to $20,000. Section 2 of Chapter 2022-151, L.O.F., amends s. 213.755(1), F.S., to lower this threshold amount from $20,000 to $5,000 effective January 1, 2023.

In this rulemaking, Form DR-907N, Instructions for Filing Insurance Premium Installment Payment (Form DR-907), is revised to notify taxpayers of the lowered threshold amount requiring taxpayers to file and pay insurance premium tax electronically if they paid $5,000 or more in tax during the State of Florida's prior fiscal year (July 1-June 30). Form DR-907N is also revised for standard language updates to the form and to advise that the Strong Families and New Worlds Reading Initiative tax credits reduce the installment amount that must be paid to meet the prior year exception.

Form DR-908, Insurance Premium Taxes and Fees Return for Calendar Year 2022, is revised to notify taxpayers of the requirement to pay any taxes that may be due by electronic means if they paid $5,000 or more in taxes during the State of Florida's prior fiscal year. Form DR-908 is also revised for standard language updates; to update the name of a local jurisdiction within Palm Beach County from Lake Worth to Lake Worth Beach pursuant to city ordinance (number 2018-18, § 7, 12-13-18, passed at referendum 3-12-19); and to add the Strong Families and New Worlds Reading Initiative tax credits to Schedule III, Credits Against The Premium Tax, and to Schedule V, Corporate Income, Salary and Credit Limitations.

Form DR-908N, Instructions for Preparing Form DR-908 Insurance Premium Taxes and Fees Return, is revised to notify taxpayers of the requirement to pay any taxes that may be due by electronic means if they paid $5,000 or more in taxes during the State of Florida's prior fiscal year. Form DR-908N is also revised for standard language updates and to include information about the Strong Families and New Worlds Reading Initiative tax credits in the instructions for Schedule III, Credits Against The Premium Tax; Schedule V, Corporate Income, Salary and Credit Limitations; and Schedule XIV, Retaliatory Tax Computation.

Form DR-350900, Insurance Premium Tax Information for Schedules XII and XIII, Form DR-908, is revised to update the name of a local jurisdiction within Palm Beach County from Lake Worth to Lake Worth Beach and for standard language updates.