212.17 Credits for returned goods, rentals, or
admissions; additional powers of department. ---
(1) In the event purchases are returned to the dealer by the
purchaser or consumer after the tax imposed by this chapter has been collected
or charged to the account of the consumer or user, the dealer shall be
entitled to reimbursement of the amount of tax collected or charged by the
dealer, in the manner prescribed by the department; and in case the tax has
not been remitted by the dealer to the department, the dealer may deduct the
same in submitting his or her return upon receipt of a signed statement of the
dealer as to the gross amount of such refunds during the period covered by
said signed statement, which period shall not be longer than 90 days. The
department shall issue to the dealer an official credit memorandum equal to
the net amount remitted by the dealer for such tax collected. Such memorandum
shall be accepted by the department at full face value from the dealer to whom
it is issued, in the remittance for subsequent taxes accrued under the
provisions of this chapter; provided, in cases where a dealer has retired from
business and has filed a final return, a refund of tax may be made if it can
be established to the satisfaction of the department that the tax was not
due.
(2) A dealer who has paid the tax imposed by this chapter on
tangible personal property sold under a retained title, conditional sale, or
similar contract, or under a contract wherein the dealer retains a security
interest in the property pursuant to chapter 679, may take credit or obtain a
refund for the tax paid by the dealer on the unpaid balance due him or her
when he or she repossesses (with or without judicial process) the property
within 12 months following the month in which the property was repossessed.
When such repossessed property is resold, the sale is subject in all respects
to the tax imposed by this chapter.
(3) A dealer who has paid the tax imposed by this chapter on
tangible personal property or services may take a credit or obtain a refund
for any tax paid by the dealer on the unpaid balance due on worthless accounts
within 12 months following the month in which the bad debt has been charged
off for federal income tax purposes. If any accounts so charged off for which
a credit or refund has been obtained are thereafter in whole or in part paid
to the dealer, the amount so paid shall be included in the first return filed
after such collection and the tax paid accordingly.
(4) The department shall design, prepare, print and furnish to
all dealers, or make available to said dealers, all necessary forms for filing
returns and instructions to ensure a full collection from dealers and an
accounting for the taxes due, but failure of any dealer to secure such forms
shall not relieve such dealer from the payment of said tax at the time and in
the manner herein provided.
(5) The department and its assistants are hereby authorized and
empowered to administer the oath for the purpose of enforcing and
administering the provisions of this chapter.
(6) The department shall have the power to make, prescribe and
publish reasonable rules and regulations not inconsistent with this chapter,
or the other laws, or the constitution of this state, or the United States,
for the enforcement of the provisions of this chapter and the collection of
revenue hereunder, and such rules and regulations shall when enforced be
deemed to be reasonable and just.
(7) The department, where admissions, license fees, or rental
payments or payments for services are made and thereafter returned to the
payers after the taxes thereon have been paid, shall return or credit the
taxpayer for taxes so paid on the moneys returned in the same manner as is
provided for returns or credits of taxes where purchases or tangible personal
property are returnable to a dealer.
History: s. 17, ch. 26319, 1949; s. 7, ch. 63-253; s. 5, ch. 65-371; s. 2, ch.
65-420; s. 14, ch. 67-180; s. 1, ch. 67-518; ss. 21, 35, ch. 69-106; s. 1, ch.
78-23; s. 4, ch. 78-59; s. 78, ch. 86-152; s. 20, ch. 87-6; s. 1122, ch.
95-147.