(1) A home service provider shall be responsible for obtaining and maintaining the customer’s place of primary use. Subject to subsections (2) and (3), if the home service provider’s reliance on information provided by its customer is in good faith:
(a) The home service provider shall be entitled to rely on the applicable residential or business street address supplied by such customer.
(b) The home service provider shall be held harmless from liability for any additional taxes imposed by or pursuant to this chapter or chapter 203 which are based on a different determination of such customer’s place of primary use.
(2) Except as provided in subsection (3), a home service provider shall be allowed to treat the address used for tax purposes for any customer under a service contract in effect on August 1, 2002, as that customer’s place of primary use for the remaining term of such service contract or agreement, excluding any extension or renewal of such service contract or agreement.
(3)(a) The department shall provide notice to the customer of its intent to redetermine the customer’s place of primary use. If a final order is entered ruling that the address used by a home service provider as a customer’s place of primary use does not meet the definition of “place of primary use” provided by s. 202.11, the department shall notify the home service provider of the proper address to be used as such customer’s place of primary use. The home service provider shall begin using the correct address within 120 days.
(b) The department shall provide notice to the home service provider of its intent to redetermine the assignment of a taxing jurisdiction by a home service provider under s. 202.22. If a final order is entered ruling that the jurisdiction assigned by the home service provider is incorrect, the department shall notify the home service provider of the proper jurisdictional assignment. The home service provider shall begin using the correct jurisdictional assignment within 120 days.
(4)(a) If a mobile communications service is not subject to the taxes administered pursuant to this chapter, and if the sales price of such service is aggregated with and not separately stated from the sales price of services subject to tax, then the nontaxable mobile communications service shall be treated as being subject to tax unless the home service provider can reasonably identify the sales price of the service not subject to tax from its books and records kept in the regular course of business.
(b) If a mobile communications service is not subject to the taxes administered pursuant to this chapter, a customer may not rely upon the nontaxability of such service unless the customer’s home service provider separately states the sales price of such nontaxable services or the home service provider elects, after receiving a written request from the customer in the form required by the provider, to provide verifiable data based upon the home service provider’s books and records that are kept in the regular course of business that reasonably identifies the sales price of such nontaxable service.
History.—s. 5, ch. 2001-140.
Structure Florida Statutes
Title XIV - Taxation and Finance
Chapter 202 - Communications Services Tax Simplification Law
202.105 - Legislative Findings and Intent.
202.12 - Sales of Communications Services.
202.12001 - Combined Rate for Tax Collected Pursuant to Ss. 202.12(1)(a) and 203.01(1)(b).
202.125 - Sales of Communications Services; Specified Exemptions.
202.14 - Credit Against Tax Imposed.
202.151 - Use Tax Imposed on Certain Purchasers of Communications Services.
202.155 - Special Rules for Mobile Communications Services.
202.177 - Verification System for Certificate Numbers of Purchasers Seeking to Purchase for Resale.
202.18 - Allocation and Disposition of Tax Proceeds.
202.19 - Authorization to Impose Local Communications Services Tax.
202.193 - Local Communications Services Tax Clearing Trust Fund.
202.195 - Proprietary Confidential Business Information; Public Records Exemption.
202.20 - Local Communications Services Tax Conversion Rates.
202.22 - Determination of Local Tax Situs.
202.23 - Procedure on Purchaser’s Request for Refund or Credit of Communications Services Taxes.
202.231 - Provision of Information to Local Taxing Jurisdictions.
202.24 - Limitations on Local Taxes and Fees Imposed on Dealers of Communications Services.
202.25 - Jurisdiction; Dealers Not Qualified to Do Business in This State.
202.27 - Return Filing; Rules for Self-Accrual.
202.28 - Credit for Collecting Tax; Penalties.
202.32 - State and Local Agencies to Cooperate in Administration of Law.
202.33 - Taxes Declared to Be Government Funds; Penalties for Failure to Remit Taxes; Warrants.
202.34 - Records Required to Be Kept; Power to Inspect; Audit Procedure.
202.35 - Powers of Department in Dealing With Delinquents; Tax to Be Separately Stated.
202.37 - Special Rules for Administration of Local Communications Services Tax.
202.381 - Transition From Previous Taxes.
202.41 - Security for Bonded Indebtedness Pledged Under Previous Law.