(1) It shall be the duty of the personal representative to file with the department within 60 days after a final determination of any deficiency in federal estate tax has been made, written notice thereof.
(2) If, after a duplicate federal return of a generation-skipping transfer has been filed with the Department of Revenue, the federal authorities increase or decrease the amount of the federal generation-skipping transfer tax, an amended return shall be filed with the department showing all changes made in the original return and the amount of increase or decrease in the federal generation-skipping transfer tax.
(3) If, based upon any deficiency and the ground therefor, it shall appear that the amount of tax previously paid is less than the amount of tax owing, the difference, together with interest at the rate of 1 percent per month from the due date of the tax, shall be paid upon notice and demand by the department. In the event the personal representative or person required to return and pay such tax shall fail to give the notice required by this section, any additional tax which shall be owing may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment at any time prior to the filing of such notice or within 30 days after the delinquent filing of such notice, notwithstanding the provisions of s. 198.28.
History.—s. 9, ch. 16015, 1933; CGL 1936 Supp. 1342(89); s. 4, ch. 28031, 1953; s. 4, ch. 29718, 1955; ss. 21, 35, ch. 69-106; s. 3, ch. 77-411; s. 9, ch. 80-153.
Structure Florida Statutes
Title XIV - Taxation and Finance
198.015 - Domicile of Decedent.
198.02 - Tax Upon Estates of Resident Decedents.
198.021 - Tax Upon Generation-Skipping Transfers of Residents.
198.03 - Tax Upon Estates of Nonresident Decedents.
198.031 - Tax Upon Generation-Skipping Transfers of Nonresidents.
198.04 - Tax Upon Estates of Alien Decedents.
198.05 - Administration of Law by Department of Revenue.
198.06 - Examination of Books, Papers, Records, or Memoranda by the Department.
198.07 - Appointment of Agents by Department; Bonds of Agents; May Administer Oaths; Credentials.
198.11 - Appointment of Special Appraisers.
198.13 - Tax Return to Be Made in Certain Cases; Certificate of Nonliability.
198.14 - Failure to Make Return; Extension of Time for Filing.
198.15 - When Tax Due; Extension; Interest; Penalty.
198.155 - Payment of Tax on Generation-Skipping Transfers.
198.16 - Notice of Determination of Deficiency in Federal Tax to Be Filed With Department.
198.17 - Deficiency; Hearing by Department.
198.18 - Failure to Pay Tax; Penalties; Delinquent or Deficient Taxes, Interest.
198.20 - Failure to Pay Tax When Due, Department’s Warrant, Etc.
198.21 - Tax Due Payable From Entire Estate; Third Persons.
198.22 - Lien for Unpaid Taxes.
198.23 - Personal Liability of Personal Representative.
198.24 - Sale of Real Estate by Personal Representative to Pay Tax.
198.25 - Actions to Enforce Payment of Tax.
198.26 - No Discharge of Personal Representative Until Tax Is Paid.
198.28 - Time for Assessment of Tax.
198.29 - Refunds of Excess Tax Paid.
198.30 - Circuit Judge to Report Names of Decedents, Etc.
198.31 - Duties and Powers of Corporate Personal Representatives of Nonresident Decedents.
198.32 - Prima Facie Liability for Tax.
198.33 - Discharge of Estate, Notice of Lien, Limitation on Lien, Etc.
198.34 - Disposition of Proceeds From Taxes.
198.35 - Interpretation and Construction.
198.36 - Failure to Produce Records; Penalty.
198.37 - Failure to Make Return; Penalty.
198.38 - False Return; Penalty.
198.39 - False Statement in Return; Penalty.
198.40 - Failure to Pay Tax, Evasion of Tax, etc.; Penalty.
198.41 - Effectiveness of This Chapter, Etc.
198.44 - Certain Exemptions From Inheritance and Estate Taxes.