Florida Regulations 61-15.010: General Administrative Provisions
Current as of: 2024 | Check for updates
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(1) Taxpayers who are required to remit tax payments through EFT must initiate the transfer, in accordance with established banking practice, so that the amount due is deposited as collected funds to the State Treasurer’s account on or before the due date under the appropriate law. If a tax due date falls on a Saturday, a Sunday, a legal holiday as defined in Florida Statutes § 658.70(1), or on a legal holiday of the jurisdiction in which the taxpayer’s financial institution is located, the deposit by electronic funds transfer is required on or before the first banking day thereafter. For the purposes of these rules, “”banking day”” has the meaning prescribed in Florida Statutes § 658.70(1) If the date on which the taxpayer is required to initiate either an ACH debit or an ACH credit transfer falls on a Saturday, Sunday, or business or banking holiday, the taxpayer must either initiate the transaction on the preceding business day or wire transfer the funds pursuant to subsection 12-24.008(3), F.A.C.
(2) The EFT method of payment does not change any current filing requirements for tax returns. Except as otherwise provided in these rules, if the EFT payment is not timely made or the tax return required is not filed by the due date, any applicable provisions for late filing penalties, interest, or loss of collection allowances shall apply under the provisions of the appropriate law.
(3) The provisions of Florida Statutes Chapter 120, shall govern the compromise and settlement of any tax, interest, or penalty assessed due to the late payment of an electronically filed payment, except as provided in these rules.
(a) Good cause for the compromise of any penalty resulting from such late payment shall include the following:
1. The inability to access the EFT system on the required date because of a system failure beyond the reasonable control of the taxpayer,
2. The failure of the EFT system to properly apply a payment, or
3. The failure of the EFT system to issue proper verification of receipt of payment information.
(b) A taxpayer who is required to remit payments under the EFT program and who is unable to make a timely payment because of system failures within the banking system or ACH interface which are beyond the taxpayer’s control shall not be subject to penalty or interest for late payment or loss of any applicable collection allowance.
(c) Errors made by the data collection center, the State Treasury, or the department shall not subject the taxpayer to loss of any applicable collection allowance or assessment of any penalty or interest for late payment.
(4) To qualify for an exception, the taxpayer must demonstrate that a good faith effort to comply was made, or that circumstances beyond the taxpayer’s reasonable control prevented compliance by the required date, or that a mistake or inadvertence prevented timely payment when the taxpayer attempted to correctly and timely initiate EFT payment.
(5) Taxpayers who need general information concerning the EFT program can contact the Department of Revenue by telephone at (850)487-7972 or its toll-free number 1(800)352-3671 (Florida only), or may contact the department.
(6) Voluntary inclusion in EFT. Those taxpayers who are required to participate in the EFT program due to a prior year tax liability for a tax type may request permission to also remit other tax types by EFT. Written requests for voluntary inclusion in the EFT program should be directed to the Chief of Finance and Accounting, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0780, at least 60 days prior to the due date of the payments in question.
(7) A taxpayer who remits a tax type by EFT shall indicate this fact on the return when it is filed. Solely for the purposes of this rule, “”return”” means the form designated for filing the report of taxes due for a period, including forms for making installments of estimated tax and tentative tax returns.
Rulemaking Authority 20.05, 210.10, 210.021(3), 210.75(2), 550.0251, 561.08, 561.11 FS. Law Implemented 210.021, 210.31, 550.0251(8), 550.0951, 561.111 FS. History-New 8-29-91, Formerly 7-8.010, Amended 5-14-97.
Terms Used In Florida Regulations 61-15.010
- Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(3) The provisions of Florida Statutes Chapter 120, shall govern the compromise and settlement of any tax, interest, or penalty assessed due to the late payment of an electronically filed payment, except as provided in these rules.
(a) Good cause for the compromise of any penalty resulting from such late payment shall include the following:
1. The inability to access the EFT system on the required date because of a system failure beyond the reasonable control of the taxpayer,
2. The failure of the EFT system to properly apply a payment, or
3. The failure of the EFT system to issue proper verification of receipt of payment information.
(b) A taxpayer who is required to remit payments under the EFT program and who is unable to make a timely payment because of system failures within the banking system or ACH interface which are beyond the taxpayer’s control shall not be subject to penalty or interest for late payment or loss of any applicable collection allowance.
(c) Errors made by the data collection center, the State Treasury, or the department shall not subject the taxpayer to loss of any applicable collection allowance or assessment of any penalty or interest for late payment.
(4) To qualify for an exception, the taxpayer must demonstrate that a good faith effort to comply was made, or that circumstances beyond the taxpayer’s reasonable control prevented compliance by the required date, or that a mistake or inadvertence prevented timely payment when the taxpayer attempted to correctly and timely initiate EFT payment.
(5) Taxpayers who need general information concerning the EFT program can contact the Department of Revenue by telephone at (850)487-7972 or its toll-free number 1(800)352-3671 (Florida only), or may contact the department.
(6) Voluntary inclusion in EFT. Those taxpayers who are required to participate in the EFT program due to a prior year tax liability for a tax type may request permission to also remit other tax types by EFT. Written requests for voluntary inclusion in the EFT program should be directed to the Chief of Finance and Accounting, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0780, at least 60 days prior to the due date of the payments in question.
(7) A taxpayer who remits a tax type by EFT shall indicate this fact on the return when it is filed. Solely for the purposes of this rule, “”return”” means the form designated for filing the report of taxes due for a period, including forms for making installments of estimated tax and tentative tax returns.
Rulemaking Authority 20.05, 210.10, 210.021(3), 210.75(2), 550.0251, 561.08, 561.11 FS. Law Implemented 210.021, 210.31, 550.0251(8), 550.0951, 561.111 FS. History-New 8-29-91, Formerly 7-8.010, Amended 5-14-97.