Current through Reg. 50, No. 187; September 24, 2024
(1)
(a) Accrual basis accounting recognizes the
sales date as the invoice date. At the time the invoice is prepared, accounts
receivable will be increased with a corresponding entry to increase the sales
accounts. Thus, for sales, purchases, and rentals of tangible personal
property, the Department will be guided by the invoice date to determine if the
surtax is applicable for transactions prior to the effective date of any such
surtax, or if the surtax is applicable to transactions during the period the
surtax is levied. Cash sales will be subjected to the surtax if the transaction
occurs on or after the effective date of any such surtax.
(b) The Department will recognize the state
sales and use tax rate as the appropriate tax rate, if the state sales and use
tax is included in the tax return, for sales invoices dated and recorded
reflecting total income through the sales accounts, prior to the effective date
of any such surtax, provided the goods or services are delivered within the
customary period for the particular type of firm. Delivery within 45 days of
the sales invoice date may be utilized for auditing purposes during this
transition period to support a normal delivery period.
(2) Commercial Rentals. Prepayments of rents
to avoid increased tax rate are prohibited. Tenants with leases in effect prior
to the effective date of any such surtax which provide for payments to be made
on and after the effective date of any such surtax, cannot avoid tax by
prepaying rent prior to the effective date of the surtax. Commercial rentals
will be taxed pursuant to Section
212.031, F.S., plus the surtax
rate for all rentals due on or after the effective date of any such
surtax.
(3) Electric Utilities;
Natural or Manufactured Gas; Fuel Oil.
(a)
Electric utilities and sellers of gas and fuel oil normally bill their
customers after the period of service. The 6.95% tax rate plus the surtax rate
will apply to billing cycles, which includes services billed for cycles ending
on or after the effective date of any such surtax.
1. Example: If the effective date of the
surtax is January 1, 1995, and the monthly service cycle is December 1, 1994,
through December 31, 1994, and the service cycle billing is mailed to customer
on January 5, 1995, the surtax does not apply.
2. Example: If the effective date of the
surtax is January 1, 1995, and the monthly service cycle is December 10, 1994,
through January 10, 1995, and the service cycle billing is mailed to customer
on January 15, 1995, the surtax applies.
(b) Where service periods or cycles are not
noted on the bill to the customer, the invoice or billing date would determine
the applicable tax rate. In the cases of electric, gas, and fuel oil, billing
cycles are from the most current meter reading to the previous meter
reading.
Rulemaking Authority
212.18(2),
213.06(1) FS.
Law Implemented 212.031,
212.05(1),
212.05011,
212.054,
212.055
FS.
New 12-11-89, Amended 11-16-93, 3-20-96, 10-2-01, 4-17-03,
1-17-18, 1-8-19, 12-12-19, 6-14-22.
