Fla. Admin. Code r. 12-17.005 - Factors Considered by the Department

12-17.005 Factors Considered by the Department.

The Department will apply one or more of the following factors when determining whether to enter into a stipulated time payment agreement, in determining the existence of undue economic or financial hardship or the inability of a taxpayer to satisfy outstanding liabilities in a lump sum, and in determining the terms of the stipulated time payment agreements:

(1) The taxpayer’s previous payment record with the Department;

(2) The taxpayer’s ability to meet a payment schedule obligation;

(3) The payment amount and the length of time required to retire the outstanding liabilities;

(4) The future outlook of the taxpayer’s business and the industry;

(5) The financial impact on the taxpayer if required to make a lump sum payment;

(6) Whether the taxpayer collected, but did not remit, the tax addressed by the agreement;

(7) Whether the taxpayer institutes business practices to ensure the proper collection and remittance of tax in the future;

(8) Whether the state would eventually receive more of the taxes due by entering into a stipulated time payment agreement than by requiring a lump sum payment;

(9) Any recommendation submitted by a Department auditor based on an examination of the taxpayer’s records; and,

(10) Any additional written information the taxpayer presents for the Department’s consideration.

Rulemaking Authority 213.06(1), 213.21(5) FS. Law Implemented 213.21(4) FS. History–New 10-4-89, Amended 4-29-03, 3-12-14.