Florida Statute 220.23 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XIV
TAXATION AND FINANCE

Chapter 220
INCOME TAX CODE

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220.23 Federal returns.—

(1) Any taxpayer required to make a return for a taxable year under this code may, at any time that a deficiency could be assessed or a refund claimed under this code in respect of any item reported or properly reportable on such return or any amendment thereof, be required to furnish to the department a true and correct copy of any return which may pertain to such item and which was filed by such taxpayer under the provisions of the Internal Revenue Code.

(2) In the event the taxable income, any item of income or deduction, or the income tax liability reported in a federal income tax return of any taxpayer for any taxable year is adjusted by amendment of such return or as a result of any other recomputation or redetermination of federal taxable income or loss, if such adjustment would affect any item or items entering into the computation of such taxpayer’s net income subject to tax for any taxable year under this code, the following special rules shall apply:

(a) The taxpayer shall notify the department of such adjustment by filing either an amended return or such other report as the department may by regulation prescribe, which return or report:

1. Shall show the taxpayer’s name, address, and employer identification number; the adjustments; the taxpayer’s revised net income subject to tax and revised tax liability under this code; and such other information as the department may by regulation prescribe;

2. Shall be signed by a person required to sign the original return or by a duly authorized representative; and

3. Shall be filed not later than 60 days after such adjustment has been agreed to or finally determined for federal income tax purposes, or after any federal income tax deficiency or refund, abatement, or credit resulting therefrom has been assessed, paid, or collected, whichever shall first occur.

(b) If the amended return or other report filed with the department concedes the accuracy of a federal change or correction, any deficiency in tax under this code resulting therefrom shall be deemed assessed on the date of filing such amended return or report, and such assessment shall be timely, notwithstanding any other provision contained in part VIII of this chapter.

(c) In any case where notification of an adjustment is required under paragraph (a), then notwithstanding any other provision contained in s. 95.091(3):

1. A notice of deficiency may be issued at any time within 5 years after the date such notification is given; or

2. If a taxpayer either fails to notify the department or fails to report a change or correction which is treated in the same manner as if it were a deficiency for federal income tax purposes, a notice of deficiency may be issued at any time;

3. In either case, the amount of any proposed assessment set forth in such notice shall be limited to the amount of any deficiency resulting under this code from recomputation of the taxpayer’s income for the taxable year after giving effect only to the item or items reflected in the adjustment.

Interest in accordance with s. 220.807 is due on the amount of any deficiency from the date fixed for filing the original return for the taxable year, determined without regard to any extension of time for filing the original return, until the date of payment of the deficiency.

(d) In any case when notification of an adjustment is required by paragraph (a), a claim for refund may be filed within 2 years after the date on which such notification was due, regardless of whether such notice was given, notwithstanding any other provision contained in s. 220.727. However, the amount recoverable pursuant to such a claim shall be limited to the amount of any overpayment resulting under this code from recomputation of the taxpayer’s income for the taxable year after giving effect only to the item or items reflected in the adjustment required to be reported.

History.—s. 1, ch. 71-984; s. 57, ch. 87-6; s. 94, ch. 91-112; s. 44, ch. 2002-218.

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Amendments to 220.23

Annotations, Discussions, Cases:

Cases Citing Statute 220.23

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Barnett Banks, Inc. v. Dep't of Revenue, 738 So. 2d 502 (Fla. 1st DCA 1999).

Cited 9 times | Published | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 10633, 1999 WL 594267

...f the original federal return (for example, through a federal audit), the corporate taxpayer must notify the Department of the adjustment by filing an amended state corporate income tax return, known as a notification, reflecting the adjustment. See § 220.23(2), Fla....

...ble income adjustment, the required adjustment notification must be filed and the amount of additional tax owed must be remitted no later than 60 days after the adjustment has been agreed to or finally determined for federal income tax purposes. See § 220.23(2)(a)3, Fla....

...See § 220.809, Fla. Stat. (1997) (emphasis added). There is only one provision in the FITC which prescribes the date for payment of taxes due and it reads in pertinent part as follows: Every taxpayer required to file a return under this code or a notification under s. 220.23(2) shall, without assessment, notice, or demand, pay any tax due thereon to the department at the place fixed for filing ......

...tax for purposes of assessing interest as either (1) the date fixed for filing a return determined without regard to any extension of time for filing the return, or (2) the date fixed for filing a federal taxable income adjustment notification under section 220.23(2), Florida Statutes....

...he original return in circumstances like those presented in the subject case, would render meaningless that portion of section 220.31(1), Florida Statutes, which states that a tax is due on or before the date fixed for filing of a notification under section 220.23(2), Florida Statutes....

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St. Joe Paper Co. v. Dept. of Revenue, 460 So. 2d 399 (Fla. 1st DCA 1984).

Cited 5 times | Published | Florida 1st District Court of Appeal | 9 Fla. L. Weekly 2338, 1984 Fla. App. LEXIS 16637

...The company was subsequently audited by the Internal Revenue Service (IRS) for calendar years 1972 through 1977. This audit resulted in adjustments to St. Joe's taxable income, revealing an overpayment of its corporate tax in 1976 and underpayments of the tax for each year from 1972 through 1975 and 1977. Section 220.23(2), Florida Statutes (1983), requires a taxpayer to notify the Department when an IRS audit results in adjustment of income subject to the corporate tax....

...rtment has been in possession and had the use of St. Joe's overpayment for five years. Elsewhere in the chapter, St. Joe points out Section 220.31, which provides that every taxpayer required to file "a return under this code or a notification under s. 220.23(2) [Florida Statutes (1983)]" shall pay any tax due "on or before the date fixed for filing such return or notification." It argues that this highlights the difference between a return and the notification it filed; if notification under Section 220.23(2) is the equivalent of the return, as the Department argues, it should not be able to collect interest on the deficiencies because St. Joe paid the tax it owed "on or before the date fixed for filing such ... notification." Section 220.31. St. Joe rebuts the Department's assertion of untimeliness by pointing out Section 220.23(2)(d), Florida Statutes (1983), which gives a taxpayer two years after the filing of Section 220.23 notification in which to file a claim for refund, "any other provision in Part I of Chapter 214 notwithstanding." If "the return" of Section 214.14 includes Section 220.23 notification, as the Department contends, Section 220.23(2)(d) is superfluous since in that case such notification would itself restart the three-year limitations period of Section 214.16....

...nded returns under the applicable taxing statutes. As the department points out, an amended return may be generated in several ways. One such way occurs when as here the taxpayer is subjected to a federal tax audit and, under the provisions of section 220.23(2)(a), notifies "the department of such adjustment by filing either an amended return or such other report as the department may by regulation prescribe, ......

...If the three-year period provided for in section 214.16(1)(a) were solely applicable to initial returns, St. Joe would be entitled neither to a refund nor to interest. The taxpayer, however, has argued, and I agree, that the time for filing a refund claim is extended by the provisions of section 220.23(2)(d), providing that "when notification of an adjustment is required ..., a claim for refund may be filed within 2 years after the date on which such notification was due, ... notwithstanding any other provision contained in part I of chapter 214." (e.s.) Because section 220.23(2)(d) provides the only authorization permitting a federally audited taxpayer to file a claim for a refund after the passage of three years from the filing of an original return, in my judgment the provisions of sections 220.23 and 214.14 and 214.16(1)(a) should be read in pari materia with one another, thereby validating the department's interpretation that section 214.14 does not require the payment of interest until nine months have followed the filing of an amended return....

...otification to file his amended return or claim for refund, or (2) that if the amended return is filed within two years following the notification, the claim for refund, by reading the provisions of section 214.16(1)(a) in pari materia with those of section 220.23(2)(d), may be filed within three years after the filing of the amended return....