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Florida Bar Tax Section State Tax Division Report Fall Meeting 2024

                                                                                                     Florida Bar Tax Section
                                                                                                         State Tax Division
                                                                                                       Fall Meeting 2024
                                                                                          French Brown & Jeanette Moffa

                                                                                                    Click Here for Attachments

SALT on the Ballot

Arizona                                             Property tax
Arizona Property Tax Refund for Non-Enforcement of Public Nuisance Laws Measure

California                                         Miscellaneous  Polls
Managed Care Organization Tax Initiative (Proposition 35)

Denver                                               Sales tax
Sales tax increase to fund Denver Health (Issue 2Q)

Denver                                               Sales tax
Sales tax increase to fund affordable housing (Issue 2R)

Florida                                              Property Tax
Annual Inflation Adjustment for Homestead Property Tax Exemption Value Amendment (Amendment 5)

Annual Adjustments to the Value of Certain Homestead Exemptions Proposing an amendment to the State Constitution to require an annual adjustment for inflation to the value of current or future homestead exemptions that apply solely to levies other than school district levies and for which every person who has legal or equitable title to real estate and maintains thereon the permanent residence of the owner, or another person legally or naturally dependent upon the owner is eligible. This amendment takes effect January 1, 2025.

Georgia                                             Miscellaneous
Georgia Creation of Tax Court Amendment

Georgia                                             Property tax
Georgia Local Option Homestead Property Tax Exemption Amendment

Georgia                                             Property tax
Georgia Personal Property Tax Exemption Increase Measure (Referendum A)

Illinois                                               Income tax
Property Tax Relief and Fairness Referendum Act (Ballot Measure 2)

Nevada                                             Sales tax
Sales Tax Exemption for Diapers Measure (Question 5)

North Dakota                                  Property tax
Prohibit Property Tax Initiative

Oregon                                              Corporate minimum tax
Corporate Tax Revenue Rebate (Measure 118)

San Francisco                                 Business tax
Changes to Business Taxes (Proposition M)

San Francisco                                 Business tax
Additional Business Tax on Transportation Network Companies and Autonomous Vehicle Businesses (Proposition L)

South Dakota                                 Sales tax
Prohibit Food and Grocery Taxes Initiative (Measure 28)

Washington                                     Capital gains
Repeal Capital Gains Tax Initiative

Washington                                     Carbon tax credit
Prohibit Carbon Tax Credit Trading Initiative (Initiative 2117)

Wyoming                                          Property tax
Wyoming Property Tax on Residential Property and Owner-Occupied Primary Residences Amendment

States with Marijuana on Ballot: Arkansas, Florida, Nebraska, North Dakota, South Dakota

1099K Audits

Federal form 1099-K, Payment Card and Third-Party Network Transactions, is used by credit card companies and third-party payment processors (also referred to as “third-party settlement organizations” or “TPSOs”) to report the payment transactions they process for retailers or other third parties to the IRS. Per section 212.134, Florida Statutes, effective January 1, 2021, those credit card companies and TPSOs are also required to file the informational returns electronically, using the file specifications set forth in IRS Publication 1220, with the Florida Department of Revenue for any payees in the State of Florida.

New Statute for Late Protest Filings

213.21(11), Fla. Stat.  

(a) The department may consider a request to settle or compromise any tax, interest, penalty, or other liability under this section after the time to challenge an assessment or a denial of a refund under s. 72.011 has expired if the taxpayer demonstrates that the failure to initiate a timely challenge was due to any of the following:

1. The death or life-threatening injury or illness of:

a. The taxpayer;

b. An immediate family member of the taxpayer; or

c. An individual with substantial responsibility for the management or control of the taxpayer.

2. An act of war or terrorism.

3. A natural disaster, fire, or other catastrophic loss.

(b) The department may not consider a request received more than 180 days after the time has expired for contesting it under s. 72.011.

(c) Any decision by the department regarding a taxpayer’s request to compromise or settle a liability under this subsection is not subject to review under chapter 120.

SEI Fuel Services, Inc.  v. Florida Department of Revenue

See Attached 1st DCA Opinion, Subsequent Writ of Mandamus, and Final Order

Initial Brief DUE 11/2024

COP Cases

Apple, Inc. v. State of Florida Department of Revenue

See Attached Complaint

Microsoft Corp v. State of Florida Department of Revenue

See Attached Complaint

Background: Target & Billmatrix 1

See Attached Decisions

DOR Liaison Meeting

Discussion Topics

Installment Agreement
Appeals Procedures County Tax Collectors

Jeanette Moffa Florida Tax Lawyer

Jeanette Moffa, Esq.
Phone: (954) 800-4138
Email: [email protected]

Jeanette Moffa is a Partner in the Fort Lauderdale office of Moffa, Sutton, & Donnini. She focuses her practice in Florida state and local tax. Jeanette provides SALT planning and consulting as part of her practice, addressing issues such as nexus and taxability, including exemptions, inclusions, and exclusions of transactions from the tax base. In addition, she handles tax controversy, working with state and local agencies in resolution of assessment and refund cases. She also litigates state and local tax and administrative law issues.

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