CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 15542
...Grun-wald for the 1970 tax year, shares of stock of a value of $143,200 as of January 1, 1970, were omitted from said return. 7. The intangible tax attributable to these omitted shares of stock was $143.20. The penalty attributable to said omission was properly computed as $100. 8. Florida Statutes, Section 199.232(4), 1971, 1973, provides that no intangible tax assessment shall be made except pursuant to an investigation after the expiration of three years from the due date of filing a return or the date of filing, whichever is later....
...The intangible tax assessment in question for the 1970 tax year was not made within three years from the due date for filing the return or the date of filing the return. 10. The assessment in question, however, was made pursuant to an investigation. Florida Statutes, Section 199.232(7) provides that an investigation of intangible tax liability may be made against the person for any year in which that person’s right to a refund is available....
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
QUESTIONS: 1. Does the Department of Revenue have the authority to back assess for the nonrecurring 2-mill tax? 2. Is the authority to back assess for the nonrecurring 2-mill tax limited by any time period contained in s. 199.232 (4), F.S., or elsewhere? 3....
...196.001 (2), F.S., was a part if no time period allowed for back assessment is applicable? SUMMARY: The Department of Revenue has the authority to back assess for the nonrecurring 2-mill tax. Such authority is limited to the time period for which taxpayers are required to maintain books and records provided for in s. 199.232 (6), F.S., and the period during which an investigation may be made provided for in s. 199.232 (7), F.S....
...This is in the disjunctive and the happening of any such event would "trigger" the tax imposition. The ambulatory nature of the nonrecurring 2-mill tax is recognized in various cases. These observations answer questions 3 and 4. Questions 1 and 2 will now be considered. Section 199.232 (1), F.S., provides in part: The department shall ascertain by diligent search and inquiry whether all persons as defined in this chapter have made proper returns and whether all intangible personal property subject to taxation has been assessed....
...oth types of intangibles. Those subject to annual assessment would be assessed for every year they had either been undervalued or escaped taxation, and those subject to the nonrecurring assessment would be assessed in only one year. It is noted that s. 199.232 (1), F.S., contains no period of limitation on the department's power to back assess, and, accordingly, other provisions of the chapter must be examined to determine if the back assessment power is limited elsewhere. Section 199.232 (2), F.S., relates only to those intangibles subject to annual assessment for which returns are required....
...he preceding language in the sentence, "on receipt of such returns." The final sentence contains the final step in the process, after receiving the referred-to returns, such final step being the assessing of any such omitted or undervalued property. Section 199.232 (3), F.S., also deals with returns and the examination of returns by the department and does not apply to the nonrecurring 2-mill tax. Section 199.232 (4), (6), and (7), F.S., contains provisions limiting the department's power to back assess. The period of 3 years is mentioned specifically in s. 199.232 (4) and (6), and indirectly in s. 199.232 (6) and (7) through reference to the refund period which is 3 years as per ss....
...199, supra, must be examined to determine if legislative authorization for back assessment has been granted therein and, if it has been so granted, whether or not there is a time period or restriction on the department's back assessment powers. As previously pointed out herein, s. 199.232 does authorize the department to back assess for intangible personal property which has either escaped taxation or been undervalued. But s. 199.232 (4) restricts this back assessment power as provided for therein. There is also a requirement in s. 199.232 (6), F.S., for taxpayers under Ch....
...nable administration of this chapter; and all such records shall be open to examination at all reasonable hours by the department or any of its duly authorized agents. (Emphasis supplied.) This requirement and the language therein is consistent with s. 199.232 (4), F.S., which contains the prohibition or restriction on the department's back assessment power, and with s. 199.232 (7), F.S., which authorizes the department to make an investigation against a person for any year in which that person's right to refund is available....
...se limited in the collection of the tax to such two year period. (Emphasis supplied.) Similarly, the requirement that all intangible taxpayers maintain books and records would restrict the department's back assessment powers as provided for therein. Section 199.232 (4), F.S., authorizes the department to audit or inspect the books, records, or documents of persons and to correct by credit or refund any overpayment of tax and in the event of a deficiency an assessment of such deficiency shall be made and collected....
...a return or the date of filing, whichever is later. This prohibition or restriction would apply to all intangibles for which a return is required. Excepted from this prohibition is an assessment made pursuant to an investigation, which is covered by s. 199.232 (7), F.S., which provides: An investigation may be made against a person for any year in which that person's right to a refund is available....
...Thus, the department would be authorized to back assess for omitted or undervalued intangibles on which the nonrecurring intangible tax is due for the 3-year period in which the person's right to refund is available as discussed previously herein. Section 199.232 (1), F.S., cannot be interpreted to grant to the department unlimited and unrestricted back assessing authority, but must be construed in connection with s. 199.232 (4), (6), and (7), F.S., which contains specific limitations on the department's back assessment powers. Section 199.232 (1) imposes specific duties on the department relating to assessment and collection of intangible tax on intangibles which may have escaped taxation, been omitted, or been undervalued, while s. 199.232 (4) expressly restricts such power to the period covered therein and in s. 199.232 (7) through reference to the statutes governing refunds....
...effect may be given to each and every part, as discussed supra s. 346, conflicting intentions in the same statute are never to be supposed or so regarded, unless forced on the court by unambiguous langauge. (Emphasis supplied.) Were we to interpret s. 199.232 (1), F.S., as granting to the department authority to back assess forever or for an unlimited period of time, it would be inconsistent with the recordkeeping requirement, inconsistent with the specific prohibition on back assessments beyon...
