25360764, 12AER21-22 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 25360764

Notice of Emergency Rule

Department:

DEPARTMENT OF REVENUE

Division:

Sales and Use Tax

Overview

RULE:

12AER21-22

Public Use Forms.

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

Section 26 of Chapter 2021-2, Laws of Florida, authorizes the Department of Revenue to promulgate emergency rules to implement Sections 5, 6, 8, 10, 11, and 12 of Chapter 2021-2, Laws of Florida. The promulgation of this emergency rule ensures that the public is notified in the most expedient and appropriate manner regarding the replacement of the sales tax bracket system with a rounding algorithm and remote sales, which replaces mail order sales in order to capture retail sales made by mail, telephone, the Internet, and other means of communication.
Section 51 of Chapter 2021-31, Laws of Florida, authorizes the Department of Revenue to promulgate emergency rules to implement Section 18 of Chapter 2021-31, Laws of Florida. The promulgation of this emergency rule ensures that the public is notified in the most expedient and appropriate manner regarding the process by which a forwarding agent may apply to the Department for and receive a Certificate of Forwarding Agent Address.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The Legislature expressly authorized the promulgation of emergency rules to implement the provisions of Sections 5, 6, 8, 10, 11, and 12 of Chapter 2021-2, and Section 51 of Chapter 2021-31, Laws of Florida. Additionally, this emergency rule is the most expedient and appropriate means of notifying taxpayers of the provisions of Sections 5, 6, 8, 10, 11, and 12 of Chapter 2021-2, and Section 18 of Chapter 2021-31, Laws of Florida.

SUMMARY:

Emergency Rule 12AER21-22 amends Rule 12A-1.097, F.A.C., by incorporating five revised sales and use tax forms which are amended to reflect changes to the sales tax bracket system and mail order sales, as well as one new form for applying for a Florida Certificate of Forwarding Agent Address. This emergency rule supersedes Emergency Rule 12AER21-12.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Danielle Boudreaux, Technical Assistance and Dispute Resolution, telephone 850-717-7082, email RuleComments@floridarevenue.com.

PRINT PUBLISH DATE:

12/14/2021 Vol. 47/240

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=12AER21-22&PDate=12/14/2021&Section=4

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.