(1) If a taxpayer is required to amend its corporate income tax liability under chapter 220, or the taxpayer receives a refund of its workers’ compensation administrative assessment paid under chapter 440, the taxpayer shall file an amended insurance premium tax return not later than 60 days after such an occurrence.
(2) If an amended insurance premium tax return is required under subsection (1), notwithstanding any other provision of s. 95.091(3):
(a) A notice of deficiency may be issued at any time within 3 years after the date the amended insurance premium tax return is given; or
(b) If a taxpayer fails to file an amended insurance premium tax return, a notice of deficiency may be issued at any time.
The amount of any proposed assessment set forth in such a notice of deficiency shall be limited to the amount of any deficiency resulting under this code from recomputation of the taxpayer’s insurance premium tax and retaliatory tax for the taxable year after giving effect only to the change in corporate income tax paid and the change in the amount of the workers’ compensation administrative assessment paid. Interest in accordance with s. 624.5092 is due on the amount of any deficiency from the date fixed for filing the original insurance premium tax return for the taxable year until the date of payment of the deficiency.
(3) If an amended insurance premium tax return is required by subsection (1), a claim for refund may be filed within 2 years after the date on which the amended insurance premium tax return was due, regardless of whether such notice was given, notwithstanding any other provision of s. 215.26. 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 insurance premium tax and retaliatory tax for the taxable year after giving effect only to the change in corporate income tax paid and the change in the amount of the workers’ compensation administrative assessment paid.
History.—s. 25, ch. 2005-280.
Structure Florida Statutes
Chapter 624 - Insurance Code: Administration and General Provisions
Part IV - Fees, Taxes, and Funds (Ss. 624.501-624.523)
624.501 - Filing, license, appointment, and miscellaneous fees.
624.5015 - Advance collection of fees and taxes; title insurers not to pay without reimbursement.
624.502 - Service of process fee.
624.504 - Liability for state, county tax.
624.505 - County tax; determination; additional offices; nonresident agents.
624.506 - County tax; deposit and remittance.
624.508 - Insurer’s license tax; when payable.
624.509 - Premium tax; rate and computation.
624.5091 - Retaliatory provision, insurers.
624.5092 - Administration of taxes; payments.
624.5094 - Casualty insurance premiums.
624.510 - Tax on wet marine and transportation insurance.
624.51055 - Credit for contributions to eligible nonprofit scholarship-funding organizations.
624.51056 - Credit for contributions to the New Worlds Reading Initiative.
624.51057 - Credit for contributions to eligible charitable organizations.
624.5107 - Child care tax credits.
624.511 - Tax statement; overpayments.
624.515 - State Fire Marshal regulatory assessment and surcharge; levy and amount.
624.516 - State Fire Marshal regulatory assessment and surcharge; deposit and use of funds.
624.517 - State Fire Marshal regulatory assessment; reduction of assessment.
624.518 - State Fire Marshal regulatory assessment and surcharge; tax return, overpayment.
624.519 - Nonpayment of premium tax or fire marshal assessment; penalty.
624.520 - Preemption by state.
624.521 - Deposit of certain tax receipts; refund of improper payments.