Section 12-17.005 - Factors Considered by the DepartmentThe Department will apply one or more of the following factors when determining whether to enter into a stipulated time payment agreement, in determining the existence of undue economic or financial hardship or the inability of a taxpayer to satisfy outstanding liabilities in a lump sum, and in determining the terms of the stipulated time payment agreements:
(1) The taxpayer's previous payment record with the Department;(2) The taxpayer's ability to meet a payment schedule obligation;(3) The payment amount and the length of time required to retire the outstanding liabilities;(4) The future outlook of the taxpayer's business and the industry;(5) The financial impact on the taxpayer if required to make a lump sum payment;(6) Whether the taxpayer collected, but did not remit, the tax addressed by the agreement;(7) Whether the taxpayer institutes business practices to ensure the proper collection and remittance of tax in the future;(8) Whether the state would eventually receive more of the taxes due by entering into a stipulated time payment agreement than by requiring a lump sum payment;(9) Any recommendation submitted by a Department auditor based on an examination of the taxpayer's records; and(10) Any additional written information the taxpayer presents for the Department's consideration.Fla. Admin. Code Ann. R. 12-17.005
Rulemaking Authority 213.06(1), 213.21(5) FS. Law Implemented 213.21(4) FS.
New 10-4-89, Amended 4-29-03, 3-12-14.New 10-4-89, Amended 4-29-03, 3-12-14.