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FL S1384

Bill

Status

Introduced

2/24/2011

Primary Sponsor

Thad Altman

Click for details

Origin

Senate

2011 Regular Session

AI Summary

  • Establishes comprehensive definitions for "business," "transfer," "stock of goods," "financial institution," "insider," and "tax" to clarify when tax liability transfers occur, with transfer occurring when more than 50 percent of a business, its assets, or inventory changes hands.

  • Requires transferees who acquire more than 50 percent of a business or its assets to assume liability for the transferor's unpaid taxes unless the transferor provides a certificate of compliance from the Department of Revenue or the department audits and finds no liability within 90 days.

  • Limits transferee liability to the fair market value or total purchase price of the transferred business/assets (whichever is greater), calculated net of liens and liabilities excluding those owed to insiders.

  • Requires the Department of Revenue to provide at least 20 days' prior written notice before seeking court injunctions against taxpayers who fail to file final returns and against transferees who fail to pay their maximum tax liability.

  • Repeals sections 202.31 and 212.10, which previously addressed tax liability for dealers of communications services and sales tax liability for certain business transfers, and takes effect July 1, 2011.

Legislative Description

Transfer of Tax Liability

Last Action

Indefinitely postponed and withdrawn from consideration

5/7/2011

Committee Referrals

Judiciary4/15/2011
Commerce And Tourism3/7/2011

Full Bill Text

No bill text available