Florida Department of Revenue Issues Life and Health Insurance Premium Tax Clarification
Jul 10, 2009
The Florida Department of Revenue, Department of Miscellaneous Tax has issued a Notice of Change regarding Rule 12B-8.001, entitled “Premium Tax; Rate and Computation.”
The changes clarify a provision in the Rule allowing Florida Life and Health Insurance Guaranty Association assessment payments to be claimed as tax credits.
The Notice of Change is printed below or may be viewed by clicking here.
Should you have any questions or comments, please contact Colodny Fass.
12B-8.001: Premium Tax; Rate and Computation
NOTICE OF CHANGE: Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 20, May 22, 2009 issue of the Florida Administrative Weekly.
In response to written comments received from the Joint Administrative Procedures Committee, dated June 18, 2009, the provisions of sub-subparagraph a. of subparagraph 2. of paragraph (c) of subsection (3) of Rule 12B-8.001, F.A.C., have been clarified to provide that insurers who have paid an assessment to the Florida Life and Health Insurance Guaranty Association can claim a credit as provided in Section 631.72, F.S. When adopted, that sub-subparagraph will read:
2.a. Effective with the tax return filed for the 1997 taxable year, insurers who have paid an assessment to the Florida Life and Health Insurance Guaranty Association (Association FLHIGA) may claim a credit for part of such assessment as provided for in Section 631.72, F.S. the Florida Statutes. Any credits not taken or utilized when available cannot be carried forward.
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