15297111, 12A-1.038 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 15297111

Notice of Proposed Rule

Department:

DEPARTMENT OF REVENUE

Division:

Sales and Use Tax

Chapter:

SALES AND USE TAX

Overview

RULE:

12A-1.038	Consumer's Certificate of Exemption; Exemption Certificates
12A-1.039	Sales for Resale

PURPOSE:

Rule 12A-1.038, F.A.C., provides, in part, guidance as to how a dealer may document a sale made to a nongovernmental tax-exempt entity.  Rule 12A-1.039, F.A.C., provides similar guidance for sales made to registered dealers for the purposes of resale.  In an effort to assist taxpayers using modern technology, the Department has developed a mobile application that can be used to confirm a customer’s status as a tax-exempt entity or a registered dealer.  The purpose of a portion of the proposed changes to the two rules is to include information regarding the availability and use of this new method.
To make it easier for taxpayers using modern technology to receive a copy of their Annual Resale Certificate and to reduce costs to the state, the Department will provide those certificates through a secure link on its website beginning in January, 2015.  A change is being proposed to Rule 12A-1.039, F.A.C., to provide information as to this availability.
The Department has determined that three provisions of Rule 12A-1.039, F.A.C., are unnecessary and provide no benefit to either the taxpayer or the Department.  Those provisions are 1) including a taxpayer’s registration effective date on the Annual Resale Certificate issued by the Department, as the certificates are issued each year and are clearly labeled with each year’s date; 2) the requirement that a taxpayer sign his or her Annual Resale Certificate; and 3) the requirement of a signed statement by the purchaser on a sales invoice, purchase order, or separate form documenting the sale.  Accordingly, the Department is proposing that these provisions be stricken from the rule.
Finally, technical changes are made to both rules for Departmental addresses and to the time period during which Department operators are available.

SUMMARY:

The proposed changes to Rules 12A-1.038, F.A.C. (Consumer’s Certificate of Exemption; Exemption Certificates), provide information regarding the availability and use of the Department’s new mobile application.  The proposed changes to Rule 12A-1.039, F.A.C. (Sales for Resale), also provide information regarding the availability and use of the Department’s new mobile application; provide information as to the availability of a taxpayer’s resale certificate through a secure link on the Department’s website; and remove obsolete provisions.

RULEMAKING AUTHORITY:

212.07(1)(b), 212.17(6), 212.18(2), 213.06(1) FS.

LAW:

95.091(3), 212.02(4)(14), 212.05(1)(b), (i), (j), 212.06(1)(c), (16), 212.0601, 212.07(1), 212.08(5)(m), (6), (7), 212.085, 212.13(5)(c), (d), 212.17(6), 212.18(2), (3), 218.186, 212.21(2), 213.053(10), 218.186

PRINT PUBLISH DATE:

11/19/2014 Vol. 40/225

COMMENTS:

From 11/19/2014 To 12/10/2014 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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