The 2023 Florida Statutes (including Special Session C)

Title XIV
TAXATION AND FINANCE

Chapter 198
ESTATE TAXES

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F.S. 198.15

198.15 When tax due; extension; interest; penalty.—

(1) The tax imposed by this chapter is due and payable on or before the last day prescribed by law for paying the federal estate tax pursuant to the initial estate tax return and shall be paid by the personal representative to the department. The department shall extend the time for payment of the tax or any part of the tax if the time for paying the federal estate tax is extended, provided the personal representative files with the department a copy of the approved federal extension notice within 30 days after receiving such notice. No extension shall be for more than 1 year, and the aggregate of extensions with respect to any estate shall not exceed 10 years from the due date. In such case, the amount in respect of which the extension is granted shall be paid on or before the date of the expiration of the period of the extension, unless a further extension is granted. If the time for the payment is thus extended, there shall be collected, as part of such amount, interest thereon at the rate of 1 percent per month of the amount due from the due date of the tax to the date the same is paid.

(2) For any tax that is due on or after July 1, 1991, and that is not paid by the due date or by the due date of any extension granted by the department, in addition to any other penalties, a specific penalty shall be added to the tax in the amount of 10 percent of any unpaid tax if the failure is for not more than 30 days, or 20 percent of the aggregate of any unpaid tax if the failure is for more than 30 days.

History.—s. 8, ch. 16015, 1933; CGL 1936 Supp. 1342(88); s. 3, ch. 28031, 1953; ss. 21, 35, ch. 69-106; s. 3, ch. 71-202; s. 1, ch. 76-261; s. 2, ch. 77-411; s. 1, ch. 80-24; s. 8, ch. 80-153; s. 2, ch. 84-325; s. 39, ch. 85-342; s. 3, ch. 87-102; s. 8, ch. 91-112; s. 3, ch. 92-320.

F.S. 198.15 on Google Scholar

F.S. 198.15 on Casetext

Amendments to 198.15

Arrestable Offenses / Crimes under Fla. Stat. 198.15

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 198.15.

Annotations, Discussions, Cases:

Cases from cite.case.law:

SINCLAIR, v. A. BERRYHILL,, 284 F. Supp. 3d 111 (D. Mass. 2018)

. . . Fees Awarded Rate Hours Hours Amount Requested Awarded Attorney Work $198.15 19.95 15.85 $3,140.68 Paralegal . . .

In MELBOURNE, a k a MILBOURNE, a k a v. MID- PENN CONSUMER DISCOUNT COMPANY,, 108 B.R. 522 (Bankr. E.D. Pa. 1989)

. . . the April 23, 1985, transaction which cannot be rescinded and must be credited to Mid-Penn totalled $198.15 . . . Therefore, Mid-Penn is obliged to refund $5,926 — ($4,770.71 + $198.15) to the Debtor, or $957.14. . . .

L. M. v., 81 T.C. 246 (T.C. 1983)

. . . in tax or any tax payment not received by the department on or before the due date as provided in s. 198.15 . . .

COAST TRADING COMPANY, a v. CUDAHY COMPANY, a, 592 F.2d 1074 (9th Cir. 1979)

. . . allow the full Section 2-708(1) measure of damages ($79,-500), then plaintiff would receive a $32,-198.15 . . .

MANTLE LAMP CO. OF AMERICA v. THE UNITED STATES, 65 Ct. Cl. 437 (Ct. Cl. 1928)

. . . On October 13, 1923, the plaintiff paid a further item of interest of $198.15 to the collector, and on . . . No claim for refund covering the $198.15 paid on October 13, 1923, was filed by the plaintiff. . . .