The 2023 Florida Statutes (including Special Session C)

Title XIV
TAXATION AND FINANCE

Chapter 220
INCOME TAX CODE

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F.S. 220.34

220.34 Special rules relating to estimated tax.—

(1) Any amount paid as estimated tax shall be deemed assessed upon the due date for the taxpayer’s return for the taxable year, determined without regard to any extensions of time for filing such return.

(2) No interest or penalty shall be due or paid with respect to a failure to pay estimated taxes except the following:

(a) Except as provided in paragraph (d), the taxpayer shall be liable for interest at the rate of 12 percent per year and for a penalty in an amount determined at the rate of 12 percent per year upon the amount of any underpayment of estimated tax determined under this subsection.

(b) For purposes of this subsection, the amount of any underpayment of estimated tax shall be the excess of:

1. The amount of the installment which would be required to be paid if the estimated tax were equal to 90 percent of the tax shown on the return for the taxable year or, if no return were filed, 90 percent of the tax for such year, over

2. The amount, if any, of the installment paid on or before the last date prescribed for payment.

(c) The period of the underpayment for which interest and penalties apply shall commence on the date the installment was required to be paid, determined without regard to any extensions of time, and shall terminate on the earlier of the following dates:

1. The 1st day of the 5th month after the close of the taxable year;

2. For taxable years beginning before January 1, 2026, for taxpayers with a taxable year ending June 30, the 1st day of the 4th month after the close of the taxable year; or

3. With respect to any portion of the underpayment, the date on which such portion is paid.

For purposes of this paragraph, a payment of estimated tax on any installment date shall be considered a payment of any previous underpayment only to the extent such payment exceeds the amount of the installment determined under subparagraph (b)1. for such installment date.

(d) No penalty or interest for underpayment of any installment of estimated tax may be imposed if the total amount of all such payments made on or before the last date prescribed for the payment of such installment equals or exceeds the amount which would have been required to be paid on or before such date if the estimated tax were the lesser amount of:

1. An amount equal to the tax computed at the rates applicable to the taxable year, but otherwise on the basis of the facts shown on the return for, and the law applicable to, the preceding taxable year; or

2. An amount equal to 90 percent of the tax finally due for the taxable year.

(e) For purposes of paragraphs (b) and (d), the term “tax” means the excess of the tax imposed by this code over all amounts properly credited against such tax for the taxable year.

(f) The application of this subsection to taxable years of less than 12 months shall be in accordance with regulations prescribed by the department.

(3) The department may provide by regulation for a credit against estimated taxes for any taxable year of any amount determined by the taxpayer or by the department to be an overpayment of the tax imposed by this code for a preceding taxable year.

History.—s. 1, ch. 71-984; s. 15, ch. 83-297; s. 16, ch. 86-152; s. 35, ch. 96-397; s. 19, ch. 2016-220.

F.S. 220.34 on Google Scholar

F.S. 220.34 on Casetext

Amendments to 220.34

Arrestable Offenses / Crimes under Fla. Stat. 220.34

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 220.34.

Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. SANTANA,, 677 F. App'x 744 (3d Cir. 2017)

. . . Penal Law § 220.34, Because the New York Penal Law defines “sell” with regard to controlled substances . . .

PERDOMO, a k a v. ATTORNEY GENERAL OF UNITED STATES,, 528 F. App'x 167 (3d Cir. 2013)

. . . Penal Law § 220.34(1), and was sentenced to six months’ imprisonment followed by five years’ probation . . . Penal Law § 220.34(1), without considering the particular facts underlying Cardenas’ conviction, to determine . . . Under § 220.34(1), “[a] person is guilty of criminal sale of a controlled substance in the fourth degree . . . Penal Law § 220.34(1) corresponded to the federal offense of distribution of a controlled substance under . . . Penal Law § 220.34(1) criminalizes drug sales, not drug possession. . . . .

TAPIA, A. v. H. HOLDER, U. S., 488 F. App'x 797 (5th Cir. 2012)

. . . York convictions for the sale of a controlled substance in the fourth degree, see New York Penal Law § 220.34 . . .

LIRANZO, v. UNITED STATES, 690 F.3d 78 (2d Cir. 2012)

. . . criminal sale of a controlled substance in the fourth degree in violation of New York Penal Law section 220.34 . . .

CESPEDES- AQUINO, v. ATTORNEY GENERAL OF UNITED STATES,, 498 F.3d 221 (3d Cir. 2007)

. . . state court to the felony of sale of a controlled substance in violation of New York Penal Law section 220.34 . . .

UNITED STATES OF AMERICA, v. ARIAS,, 409 F. Supp. 2d 281 (S.D.N.Y. 2005)

. . . Penal Law §§ 220.31, 220.34, 220.39, 220.41, 220.43 (defining 5 different degrees of “criminal sale of . . .

UNITED STATES v. POLANCO,, 866 F. Supp. 744 (S.D.N.Y. 1994)

. . . Penal Code § 220.34, a Class C Felony punishable by up to 15 years. . . .

UNITED STATES v. POLANCO,, 29 F.3d 35 (2d Cir. 1994)

. . . court for selling five grams of cocaine to an undercover police officer in violation of N.Y.Penal Law § 220.34 . . . Section 220.34 makes it a Class C felony to engage in the criminal sale of a controlled substance. . . .

UNITED STATES v. VELASCO,, 847 F. Supp. 580 (N.D. Ill. 1994)

. . . lawyer and pled guilty to the sale of a half gram of cocaine, in violation of New York Public Law, 220.34 . . .

CARMONA, v. WARD,, 436 F. Supp. 1153 (S.D.N.Y. 1977)

. . . See, e. g., Penal Law §§ 220.12; 220.34(2); 220.37(2); 220.39(2); 220.55. . . .

WOOLFOLK v. L. BROWN, 358 F. Supp. 524 (E.D. Va. 1973)

. . . . § 220.34(a) (1) (iii), and is not postponed by reason of the lack of an existing WIN program to which . . .