Terms Used In Florida Regulations 12C-1.0222

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
    (1) Returns.
    (a) A return submitted to the Department by electronic means, as provided in rule chapter 12-24, F.A.C., is considered to be timely filed if the submission of the electronic return is initiated, and a confirmation from the Department is received, before 5:00 p.m. (Eastern Time), on or before the due date (including any extensions) prescribed by law. Taxpayers who meet the requirements of subsection (3) of rule 12-24.003, F.A.C., must submit returns by electronic means. A hard-copy (paper) return is considered to be timely filed if postmarked on or before the due date (including any extensions) prescribed by law. If the due date falls on a Saturday, Sunday, or legal holiday, a return will be considered timely if a confirmation for an electronic return is received by the Department on or before 5:00 p.m. (Eastern Time), or a hard-copy (paper) return is postmarked, on the next succeeding day that is not a Saturday, Sunday, or legal holiday. For this purpose, a legal holiday will mean a holiday that is observed by federal or state agencies as this term is defined in chapter 683, F.S., and s. 7503 of the Internal Revenue Code of 1986, as amended.
    (b)1. Example: Corporation A’s Florida corporate return was due Thursday, November 1. The envelope in which the return was mailed was postmarked November 1; therefore, the return is considered to have been filed on time.
    2. Example: Corporation B’s Florida corporate return was due Saturday, September 1. Monday, September 3, was Labor Day. The envelope in which the return was mailed was postmarked Tuesday, September 4. The return is considered timely filed because it was postmarked the next succeeding day which was not a Saturday, Sunday, or legal holiday.
    (2) Requests for Extensions of Time to File Return.
    (a)1. For taxable year ends other than June 30, an extension will be effective until six (6) months after the original due date of the return. For taxpayers with a taxable year ending June 30, an extension will be effective until seven (7) months after the original due date of the return.
    2. An extension of the due date of any required Florida partnership information return will be effective until six (6) months after the original due date of the return.
    3. If an automatic extension is not permitted because a federal extension has not been requested or is not allowed, the application for extension of time to file a return must contain sufficient facts to establish good cause why the return cannot be filed on or before the original due date. An extension of time for filing a return does not operate as an extension of time for payment of the tax or any part thereof.
    (b) A corporation or a partnership that has been granted an automatic extension of time for filing its federal income tax return or its federal partnership return by the Internal Revenue Service, or that establishes good cause, will be granted an extension of time to file its Florida corporate income/franchise tax return or its Florida partnership information return when the following requirements are met:
    1. Form F-7004, Florida Tentative Income/Franchise Tax Return and Application for Extension of Time to File Return (incorporated by reference in rule 12C-1.051, F.A.C.), signed by a person duly authorized by the taxpayer to sign a request for extension, is filed with the Department on or before the due date prescribed for filing the return. See rule 12C-1.0221, F.A.C., for persons authorized to request an extension of time to file. For affiliated groups, the parent company qualified to file a Florida consolidated income tax return must file Form F-7004. An extension granted to the parent company of an affiliated group applies to the parent company’s consolidated return. If any corporate partner requires an extension of time to file its separate Florida corporate income/franchise tax return, a separate Form F-7004 must be filed by the corporate partner with the Department.
    2. The amount estimated to be the balance of its proper tax due for the taxable year after giving effect to payments and credits on its declaration of estimated income tax is paid to the Department.
    (3) Extended Return Due Dates.
    (a) Upon the timely filing of Form F-7004, properly prepared and including payment of any tax determined to be due, an extension will be allowed.
    (b) The aggregate amount of time of extensions for a return cannot exceed six (6) months, unless the exception specified in paragraph (2)(a), of this rule, applies. No further extensions are allowed.
    1. For a corporation whose taxable year ends December 31, a required Florida corporate income/franchise tax return is due May 1 of the following year. When the requirements of this rule are met, and the corporation is granted an extension of time to file its Florida corporate income/franchise tax return, the extended due date for the Florida return is November 1.
    2. A partnership whose taxable year ends on December 31, will be granted an extension of time from April 1 to October 1 to file its Florida partnership information return when all the requirements for an extension of the due date of a return provided in this rule are met.
    (c)1. Failure to make payment with an application when one is required will void the request for extension of time to file. The taxpayer will be subject to the penalty provided in Florida Statutes § 220.801, for failure to file a timely return. Interest will be assessed on any tax due from the due date of the return to the date of payment.
    2. An extension of time will be invalidated when the:
    a. Tentative tax due is not paid with the application for extension (Form F-7004); or,
    b. The tax is underpaid by the greater of $2,000 or thirty percent (30%) of the tax due on the return when filed.
Rulemaking Authority 213.06(1), 220.32(2), 220.51 FS. Law Implemented 220.222, 220.32, 220.801 FS. History—New 10-20-73, Amended 10-8-74, 4-21-75, 3-5-80, 12-18-83, Formerly 12C-1.222, Amended 12-21-88, 12-19-89, 4-8-92, 3-18-96, 3-13-00, 3-15-04, 9-1-09, 1-10-17, 1-17-18.