Florida Administrative Code
12 - DEPARTMENT OF REVENUE
12C - Corporate, Estate and Intangible Tax
Chapter 12C-1 - CORPORATE INCOME TAX
Section 12C-1.0222 - Returns; Extensions of Time; Payments of Tentative Tax
Universal Citation: FL Admin Code R 12C-1.0222
Current through Reg. 50, No. 187; September 24, 2024
(1) Returns.
(a) A return submitted to the Department by
electronic means, as provided in rule Chapter 12-24, F.A.C., is considered to
be timely filed if the submission of the electronic return is initiated, and a
confirmation from the Department is received, before 5:00 p.m. (Eastern Time),
on or before the due date (including any extensions) prescribed by law.
Taxpayers who meet the requirements of subsection (4) of Rule
12-24.003, F.A.C., must submit
returns by electronic means. A hard-copy (paper) return is considered to be
timely filed if postmarked on or before the due date (including any extensions)
prescribed by law. If the due date falls on a Saturday, Sunday, or legal
holiday, a return will be considered timely if a confirmation for an electronic
return is received by the Department on or before 5:00 p.m. (Eastern Time), or
a hard-copy (paper) return is postmarked, on the next succeeding day that is
not a Saturday, Sunday, or legal holiday. For this purpose, a legal holiday
will mean a holiday that is observed by federal or state agencies as this term
is defined in Chapter 683, F.S., and s. 7503 of the Internal Revenue Code of
1986, as amended.
(b)
1. Example: Corporation A's Florida corporate
return was due Thursday, November 1. The envelope in which the return was
mailed was postmarked November 1; therefore, the return is considered to have
been filed on time.
2. Example:
Corporation B's Florida corporate return was due Saturday, September 1. Monday,
September 3, was Labor Day. The envelope in which the return was mailed was
postmarked Tuesday, September 4. The return is considered timely filed because
it was postmarked the next succeeding day which was not a Saturday, Sunday, or
legal holiday.
(2) Requests for Extensions of Time to File Return.
(a)
1. For taxable year ends other than June 30,
an extension will be effective until six (6) months after the original due date
of the return. For taxpayers with a taxable year ending June 30, an extension
will be effective until seven (7) months after the original due date of the
return.
2. An extension of the due
date of any required Florida partnership information return will be effective
until six (6) months after the original due date of the return.
3. If an automatic extension is not permitted
because a federal extension has not been requested or is not allowed, the
application for extension of time to file a return must contain sufficient
facts to establish good cause why the return cannot be filed on or before the
original due date. An extension of time for filing a return does not operate as
an extension of time for payment of the tax or any part
thereof.
(b) A
corporation or a partnership that has been granted an automatic extension of
time for filing its federal income tax return or its federal partnership return
by the Internal Revenue Service, or that establishes good cause, will be
granted an extension of time to file its Florida corporate income/franchise tax
return or its Florida partnership information return when the following
requirements are met:
1. Form F-7004, Florida
Tentative Income/Franchise Tax Return and Application for Extension of Time to
File Return (incorporated by reference in Rule
12C-1.051, F.A.C.), signed by a
person duly authorized by the taxpayer to sign a request for extension, is
filed with the Department on or before the due date prescribed for filing the
return. See Rule 12C-1.0221, F.A.C., for persons
authorized to request an extension of time to file. For affiliated groups, the
parent company qualified to file a Florida consolidated income tax return must
file Form F-7004. An extension granted to the parent company of an affiliated
group applies to the parent company's consolidated return. If any corporate
partner requires an extension of time to file its separate Florida corporate
income/franchise tax return, a separate Form F-7004 must be filed by the
corporate partner with the Department.
2. The amount estimated to be the balance of
its proper tax due for the taxable year after giving effect to payments and
credits on its declaration of estimated income tax is paid to the
Department.
(3) Extended Return Due Dates.
(a) Upon the
timely filing of Form F-7004, properly prepared and including payment of any
tax determined to be due, an extension will be allowed.
(b) The aggregate amount of time of
extensions for a return cannot exceed six (6) months, unless the exception
specified in paragraph (2)(a), of this rule, applies. No further extensions are
allowed.
1. For a corporation whose taxable
year ends December 31, a required Florida corporate income/franchise tax return
is due May 1 of the following year. When the requirements of this rule are met,
and the corporation is granted an extension of time to file its Florida
corporate income/franchise tax return, the extended due date for the Florida
return is November 1.
2. A
partnership whose taxable year ends on December 31, will be granted an
extension of time from April 1 to October 1 to file its Florida partnership
information return when all the requirements for an extension of the due date
of a return provided in this rule are met.
(c)
1.
Failure to make payment with an application when one is required will void the
request for extension of time to file. The taxpayer will be subject to the
penalty provided in Section
220.801, F.S., for failure to
file a timely return. Interest will be assessed on any tax due from the due
date of the return to the date of payment.
2. An extension of time will be invalidated
when the:
a. Tentative tax due is not paid
with the application for extension (Form F-7004); or,
b. The tax is underpaid by the greater of $2,
000 or thirty percent (30%) of the tax due on the return when
filed.
Rulemaking Authority 213.06(1), 220.32(2), 220.51 FS. Law Implemented 220.222, 220.32, 220.801 FS.
New 10-20-73, Amended 10-8-74, 4-21-75, 3-5-80, 12-18-83, Formerly 12C-1.222, Amended 12-21-88, 12-19-89, 4-8-92, 3-18-96, 3-13-00, 3-15-04, 9-1-09, 1-10-17, 1-17-18.
Disclaimer: These regulations may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
