Florida Regulations 12B-4.006: Excise Tax on Documents; Construction
Current as of: 2024 | Check for updates
|
Other versions
(1) Florida Documentary Stamp Act, being similar to the Federal Act, takes the same construction in Florida courts as is given the Federal Act in the Federal courts. (State v. Cook, 108 Fla. 157, 146 So. 223 (1933); Gay v. Inter-County Tel. & Tel. Co., 60 So. 2d 22 (Fla. 1952))
(2) All sections of the Documentary Stamp Tax Law must be construed together in order to arrive at intent of legislature. (Gay v. Inter-County Tel. & Tel. Co., 60 So. 2d 22 (Fla. 1952))
(3) Florida Statutes Chapter 201, which levies and imposes excise tax on documents and contains penal provisions must be strictly construed and all doubts or ambiguities resolved in favor of taxpayer. (State v. Cook, 108 Fla. 157, 146 So. 223 (1933); Metropolis Pub. Co. v. Lee, 126 Fla. 107, 170 So. 442 (1936); Lee v. Quincy State Bank, 127 Fla. 765, 173 So. 909 (1937))
(4) Tax on promissory notes and each renewal thereof is on a written or printed obligation covered by statute, and to be “”note”” or “”obligation”” within statute; it must be signed by maker or other obligor. (Lee v. Quincy State Bank, 127 Fla. 765, 173 So. 909 (1937))
Rulemaking Authority 201.11, 213.06(1) FS. Law Implemented 201 FS. History-New 8-18-73, Formerly 12A-4.06, 12B-4.06, Amended 12-5-89, 12-30-97.
Terms Used In Florida Regulations 12B-4.006
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Statute: A law passed by a legislature.
(3) Florida Statutes Chapter 201, which levies and imposes excise tax on documents and contains penal provisions must be strictly construed and all doubts or ambiguities resolved in favor of taxpayer. (State v. Cook, 108 Fla. 157, 146 So. 223 (1933); Metropolis Pub. Co. v. Lee, 126 Fla. 107, 170 So. 442 (1936); Lee v. Quincy State Bank, 127 Fla. 765, 173 So. 909 (1937))
(4) Tax on promissory notes and each renewal thereof is on a written or printed obligation covered by statute, and to be “”note”” or “”obligation”” within statute; it must be signed by maker or other obligor. (Lee v. Quincy State Bank, 127 Fla. 765, 173 So. 909 (1937))
Rulemaking Authority 201.11, 213.06(1) FS. Law Implemented 201 FS. History-New 8-18-73, Formerly 12A-4.06, 12B-4.06, Amended 12-5-89, 12-30-97.