The 2023 Florida Statutes (including Special Session C)

Title XIV
TAXATION AND FINANCE

Chapter 198
ESTATE TAXES

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F.S. 198.16

198.16 Notice of determination of deficiency in federal tax to be filed with department.—

(1) It shall be the duty of the personal representative to file with the department within 60 days after a final determination of any deficiency in federal estate tax has been made, written notice thereof.

(2) If, after a duplicate federal return of a generation-skipping transfer has been filed with the Department of Revenue, the federal authorities increase or decrease the amount of the federal generation-skipping transfer tax, an amended return shall be filed with the department showing all changes made in the original return and the amount of increase or decrease in the federal generation-skipping transfer tax.

(3) If, based upon any deficiency and the ground therefor, it shall appear that the amount of tax previously paid is less than the amount of tax owing, the difference, together with interest at the rate of 1 percent per month from the due date of the tax, shall be paid upon notice and demand by the department. In the event the personal representative or person required to return and pay such tax shall fail to give the notice required by this section, any additional tax which shall be owing may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment at any time prior to the filing of such notice or within 30 days after the delinquent filing of such notice, notwithstanding the provisions of s. 198.28.

History.—s. 9, ch. 16015, 1933; CGL 1936 Supp. 1342(89); s. 4, ch. 28031, 1953; s. 4, ch. 29718, 1955; ss. 21, 35, ch. 69-106; s. 3, ch. 77-411; s. 9, ch. 80-153.

F.S. 198.16 on Google Scholar

F.S. 198.16 on Casetext

Amendments to 198.16

Arrestable Offenses / Crimes under Fla. Stat. 198.16

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 198.16.

Annotations, Discussions, Cases:

Cases from cite.case.law:

METRO RENOVATION, INC. v. ALLIED GROUP, INC. NATIONWIDE MUTUAL INSURANCE COMPANY, INC., 389 F. Supp. 2d 1131 (D. Neb. 2005)

. . . Se-galla, Couch on Insurance SD § 198.7, at 198.16 (1999) (footnote omitted). . . .

In R. SWOLSKY d b a, 97 B.R. 348 (Bankr. N.D. Ohio 1989)

. . . that the trustee’s objection is not well taken and should be denied and that claimant is entitled to $198.16 . . . withholding and single business tax deficiencies of $5,082.00, penalties of $1,402.50 and interest of $198.16 . . . to claimant’s claim “for the reason that the claim contains post-petition interest in the amount of $198.16 . . . filed by the State of Michigan, Department of the Treasury for post-petition interest in the amount of $198.16 . . .

In ANN ARBOR BREWING CO., 110 F. Supp. 111 (E.D. Mich. 1951)

. . . Federal taxes due to the United States, to wit: 1. 3rd quarter 1948 employment tax in the amount of $198.16 . . .

LE MOYNE v. COMMISSIONER OF INTERNAL REVENUE CHICAGO SHIPPING STORAGE CO. v. SAME PARK FIRE PROOF STORAGE CO. v. SAME, 47 F.2d 539 (7th Cir. 1931)

. . . ) because the Board refused to allow the Park Company’s asserted loss of $28,780.04 ■ in 1919 and, $198.16 . . .

Co. v. Co. v., 15 B.T.A. 431 (B.T.A. 1929)

. . . $28,780.04 for the fiscal year ended March 31, 1919, and one for the fiscal year ended March 31, 1918, of $198.16 . . .