Fla. Admin. Code R. 12A-16.005

Current through Reg. 50, No. 235-239, December 10, 2024

Section 12A-16.005 - Exemption Permits, Certificates, and Affidavits

(1) The lease or rental of a for hire passenger motor vehicle or shared vehicle directly to an entity that holds a valid Consumer's Certificate of Exemption (Form DR-14) issued by the Department is exempt. Direct pay permits, exemption, certificates, and exemption affidavits required to be issued to lease or rent a vehicle exempt from sales and use tax shall satisfy the requirements of the exemption from the surcharge. However, if a permit, certificate, or affidavit is issued by the lessee or renter at the time of the lease or rental in lieu of surcharge, and the lessee makes a taxable use of the motor vehicle, the lessee or renter is required to remit the surcharge directly to the Department.

(2) Where a person registered for sales tax has obtained written consent from the Department of Revenue to assume the obligation of remitting sales and use tax to the State, and has issued a statement relieving the leasing dealer from the responsibility of collecting said tax, such person is required to remit the surcharge.

Fla. Admin. Code Ann. R. 12A-16.005

Rulemaking Authority 212.18(2), 213.06(1) FS. Law Implemented 212.05(1), 212.06(1), 212.0606, 212.12, 212.18(3), 212.183 FS.

New 11-14-89. Amended 6-19-01, Amended by Florida Register Volume 48, Number 091, May 10, 2022 effective 5/23/2022.

New 11-14-89. Amended 6-19-01, 5-23-22.