9886063, 12A-1.018 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 9886063

Notice of Proposed Rule

Department:

DEPARTMENT OF REVENUE

Division:

Sales and Use Tax

Chapter:

SALES AND USE TAX

Overview

RULE:

12A-1.018	Trade and Cash Discounts
12A-1.074	Trade-Ins

PURPOSE:

Rule 12A-1.074, F.A.C. (Trade-Ins), provides that, for a trade-in credit to be allowed against the sales price of an item, any used article to be taken in trade must be taken “at the time of sale.” In Department of Revenue v. Gamestop, Inc. (Case No. 1D10-2899, November 18, 2010), the appellate court affirmed that the phrase “at the time of sale” effectively negates Section 212.09, F.S., and is an invalid exercise of delegated legislative authority. The purpose of the proposed amendments to this rule is to remove the phrase “at the time of sale.”
The subject of the provisions of Rule 12A-1.018, F.A.C. (Trade and Cash Discounts), is discounts, not trade-ins. The purpose of the proposed amendments to this rule is to remove the unnecessary reference to the term “trade-ins,” consistent with the court’s ruling in Department of Revenue v. Gamestop, Inc.

SUMMARY:

The proposed amendments to Rule 12A-1.018, F.A.C. (Trade and Cash Discounts), remove the unnecessary reference to “trade-ins” from the rule.
The proposed amendments to Rule 12A-1.074, F.A.C. (Trade-Ins), remove provisions which require that, for a trade-in credit to be allowed against the sales price of an item, the item taken in trade must be taken “at the time of sale.”

RULEMAKING AUTHORITY:

212.17(6), 212.18(2), 213.06(1) FS.

LAW:

212.02(15), (16), 212.07(2), (3), 212.09, 212.12(9) FS.

PRINT PUBLISH DATE:

5/6/2011 Vol. 37/18

COMMENTS:

From 5/6/2011 To 5/27/2011 (21 Days)
The public comment period for this notice has already expired.

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.