To view the full bill text, click here. To view the full statute text, click here.
During a floor session that ended at midnight last night, the Florida House passed SB 1448 in a 118-0 vote. The bill already had passed the Senate unanimously earlier in the week, on April 28. The bill was signed by Gov. Bush on May 23, 2003, and became effective immediately.
Contained in SB 1448 is language drafted by the FICPA that we believe will ease many of the concerns raised by FICPA members who prepare UCT-6 (unemployment compensation) returns. The UCT-6 language that passed the legislature in SB 1448 is the product of months of input from many concerned FICPA members, as well as the tremendous efforts of the FICPA Governmental Affairs staff.
Under this legislation, most tax preparers will not be required to enroll to file unemployment tax reports and to pay tax electronically for their clients. Upon becoming law, the bill will:
- It will raise the threshold for the tax preparer to file electronically from five or more returns to 100 or more returns.
- It will not change the requirement for employers with 10 or more employees to file and pay electronically.
- It will resolve the independence issue raised by the FICPA by eliminating the electronic payment requirement and penalty on tax preparers in 12-24.004(4)(g) to have clients’ confidential bank information. Payments for tax due will be made directly by the taxpayer, and will not have to be made by the preparer.
- It will change the penalty provision for preparers failing to remit the UCT-6 electronically to a $10-per-report penalty instead of a penalty based on a percentage of the amount of tax due by the taxpayer.
- It will delay the effective date of the preparer requirement to the second quarterly filing (June 2003) to allow preparers to get through tax season without having to implement the new electronic provisions, and allow for data conversion software to be further researched and approved by the DOR.
- Those employers with fewer than 10 employees will only be subject to the electronic filing requirement if they utilize the services of a preparer who is obligated to file electronically (i.e., one who prepares and reports for 100 or more employers).
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