Free DR-601G - Florida

Governmental Leasehold Intangible personal property tax Return For 2009 tax Year
FEIN SSN (if no FEIN) Business Partner # Contract Object #
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DR-601G R. 01/09 page 1
Rule 12C-2.0115 Florida administrative Code effective 01/09

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mail return and check payable to: FLOrIDA DEPArTMENT OF rEVENUE 5050 W TENNESSEE ST TALLAhASSEE FL 323990100
The Florida Legislature has provided that all leasehold estates, or any possessory interest created thereby, in property of the United States, the State of Florida, or any of its political subdivisions, municipalities, agencies, authorities, or other governmental units, are to be taxed as intangible personal property if the leased property is undeveloped or predominately used for a residential or commercial purpose, and rental payments are due in consideration of the leasehold estate or possessory interest. Lessees of governmentally owned property are required to file an annual intangible tax return, unless the leasehold estate qualifies for specific exemptions, beginning with the 1984 tax year. If the calculated tax due is less than sixty dollars ($60), no payment is required. However, the taxpayer should file this return without payment to avoid possible future contact regarding this filing period. Our records are computerized and all information is maintained by account number. Your account number is your Social Security Number (SSN) or Federal Employer Identification Number (FEIN). Please refer to these numbers in all correspondence. Show your correct number on your return. Social security numbers are used by the Florida Department of Revenue as unique identifiers for the administration of Florida's taxes. Social security numbers obtained for tax administration purposes are confidential under sections 213.053 and 119.071, Florida Statutes, and not subject to disclosure as public records.

How to Compute tHe tax
Line 1 annual Rental payment -- To compute the value of your leasehold estate, determine the amount of annual market rent for the property and enter the amount on Line 1. Line 2 Valuation Factor -- Enter on Line 2 the valuation factor for the years re maining on the lease, from the Valuation Factor Table found on Page 4. Also, enter the number of years remaining on the lease in the space provided. Line 3 taxable amount -- Multiply the annual rental payment on Line 1 by the valuation factor on Line 2 and enter the result on Line 3. Line 4 tax Due -- Multiply the amount on Line 3 by .0005 ($.50 tax for each $1,000 value) and enter the result on Line 4. If Line 4 is less than $60, no payment is due. Line 5 Discount -- You may claim a discount for early payment. Consult the chart under the FILING DATE section on Page 3. Line 6 penalty and Interest (refer to details on Page 3) -- Line 6a. For returns filed after the due date, enter penalty amount due with the tax payment for delinquency and late-filing penalties. Line 6b. For taxes paid after the due date, enter interest due with the late-filed tax payment. Total the amounts on Line 6a and Line 6b and enter the sum on Line 6. Line 7 total payment Due -- For returns filed on or before the due date, subtract Line 5 from Line 4 and enter the result on Line 7. For returns filed after the due date, add Line 4 plus Line 6 and enter the result on Line 7. Line 8 Less amount paid with extension -- Enter any amount paid with an extension on Line 8. Line 9 payment Due -- Subtract amount on Line 8 from Line 7 and enter result on Line 9.

***Do Not DetaCH CoupoN***

Governmental Leasehold Intangible personal property tax Return
FEIN SSN (if no FEIN)

HD/pm Date:
1. Annual rental Payment

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uS DoLLaRS

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DR-601G R. 01/09

Name address City/St/ZIp

DR-601G



2. Valuation Factor Years remaining _______ 3. Taxable Amount 4. Tax Due (Tax rate = .0005) 5. Discount
See Instructions Above

6. Penalty and Interest a. Penalty $ _________ b. Interest $ _________
I hereby certify that this return has been examined by me and to the best of my knowledge is a true and correct return. _________________________________________________________________ Signature of taxpayer ________________ Date

enter total penalties and Interest below.

7. Total Due 8. Less Amount Paid with Extension 9. Payment Due

_____________________________________________ (_______) ____________________________ Title Phone number (include area code)

, , , , , , ,

9100 0 20090131 0018015031 7 9999999999 0000 0

DR-601G R. 01/09 page 2
Taxpayer Name: ________________________________________________ County Property Identification Number:____________________________ County Where Property Located: _________________________________ Telephone Number: ( ________ ) ________________________ FEIN ____________________________________________________ SSN (if no FEIN): __________________________________________
Area Code

Schedule a
1.

Factors for valuation of each leasehold estate. Complete this supplemental schedule and mail with your return.

2. 3.

4.

5.

6.

7. 8. 9.

10. 11. 12. 13. 14.

a. Name the governmental unit owning the property. _______________________________________________________________________________________ b. To what governmental agency is the consideration or "rent" paid? _________________________________________________________________________ c. Physical location of governmental property occupied (street, city, ZIP). _____________________________________________________________________ ___________________________________________________________________________________________________________________________________ What is the legal description of the property? ___________________________________________________________________________________________ ___________________________________________________________________________________________________________________________________ a. Describe the property occupied. ______________________________________________________________________________________________________ b. Describe the improvements belonging to the governmental unit. __________________________________________________________________________ ___________________________________________________________________________________________________________________________________ a. Have you made improvements to this property? ( ) yes ( ) no b. Describe those improvements. ________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________________________ c. Do your improvements become the property of the governmental unit owning the location? ( ) yes ( ) no a. Describe your use of this property or the type of activity conducted at this location, and the number of years you have been at this location. _______ ___________________________________________________________________________________________________________________________________ b. How long do you intend to occupy the property? _______________________________________________________________________________________ a. Is there a written agreement between you and the governmental unit owning the property? ( ) yes ( ) no b. Is this agreement recorded in the official records of the county? ( ) yes ( ) no c. If so, what is the official record book and page number where recorded? __________________________________________________________________ ___________________________________________________________________________________________________________________________________ a. What is the term of your lease (in years)? ______________________________________________________________________________________________ b. How many years remaining as of January 1 of this tax year? ______________________________________________________________________________ What is the amount actually paid for the privilege of using this property? ___________________________________________________________________ What is the basis for determining the amount of the rent stated in your lease agreement? ____________________________________________________ ___________________________________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________________________ Is this consideration or "rent" paid weekly, monthly, yearly, or other? _______________________________________________________________________ Does the rent include payments for improvements? ( ) yes ( ) no a. Do you file a tangible personal property tax return with the county property appraiser? ( ) yes ( ) no b. What county(ies)? ___________________________________________________________________________________________________________________ What is your estimate of the value of improvements you have made to this property? $ _____________________________________________________ a. Does the governmental entity that owns the property share in the profit as a form of rent? ( ) yes ( ) no b. If so, what is the basis or formula used to determine the percentage or amount payable to the governmental unit? ______________________________ ___________________________________________________________________________________________________________________________________

Location address (if different than mailing address): Street Address _________________________________________________________________________________ City _______________________________ State _______ ZIP _____________ County ______________________ Telephone Number: ( _________ ) _____________________________ Indicate changes to mailing address below: Name _________________________________________________________________________________________ Street Address _________________________________________________________________________________ City _______________________________ State _______ ZIP _____________ County ______________________ Telephone Number: ( _________ ) _____________________________

Instructions
GeNeRaL INFoRmatIoN FILING Date

DR-601G R. 01/09 page 3

Florida law classifies a lessee's interest in property leased from a governmental unit as intangible property, where the lessee makes rental payments in consideration of the leasehold estate or possessory interest, whether the leased property is undeveloped or is used for a residential or a commercial purpose. Nominal or token payments, such as $1 or $10 per year, are not considered rental payments for determining the taxation of the lessee's estate as intangible property. A leasehold interest created by an original lease for 100 years or more, regardless of renewal options, is considered as creating an ownership right in the leased property and the property will not be classified as intangible property. Property financed, acquired or maintained using funds resulting from the issuance of bonds by Florida industrial development authorities or research and development authorities under Parts II, III, or V of Chapter 159, Florida Statutes, is considered to be owned and the lessee's interest is not classified as intangible property. A lessee of governmental property will be exempt from annual intangible tax, provided the lease contract requires that the lessee provide space on the leasehold estate for use by a governmental entity. The provision applies retroactively, but does not open any closed period for refund. Lessees leasing property classified as agricultural land or land used exclusively for noncommercial public recreational purposes, or leasing property used for a public purpose or function, and lessees qualified as an organization which uses the property for literary, scientific, religious or charitable purposes, are not subject to intangible tax on their leasehold interest. If no rental payments are due under the agreement creating a leasehold estate, the leasehold estate is taxed as real property, not as intangible property. Personal property, buildings or other real property improvements owned by a lessee are assessed under Ad Valorem tax provisions, not as intangible property. taxpayers with more than one lease muSt FILe a separate return for each location.
wHo muSt FILe

The Governmental Leasehold Intangible Personal Property Tax return (Form Dr601G) covering the leasehold estate is due January 1 and late after June 30. Returns not filed and taxes not paid by this date are delinquent. The date of postmark or date delivered to the Department is considered the date of payment. A discount may be claimed for early filing provided payment is postmarked on or before the last day of the month of one of the following filing periods:
Discount Periods January - February march april may June Discount If Submitted or Postmarked on or before 4% Saturday, February 28, 2009 3% tuesday, march 31, 2009 2% thursday, april 30, 2009 1% Sunday, may 31, 2009 0% No Discount available

example: $64.33 (tax) X .04 (January discount) = $ 2.57 (discount allowed)
exteNSIoN oF tIme

A request for an extension of time for filing may be submitted for review. Form DR-602 must be received by the Department on or before June 30 of the tax year.
peNaLtY

The return, with full payment of tax, must be postmarked no later than June 30 of the applicable tax year to avoid penalty. If June 30 falls on a Saturday, Sunday, or a legal state or federal holiday and the return is postmarked or delivered to the Department on the next workday, it is considered timely. Delinquency penalty is assessed on tax not paid by June 30. The penalty rate is 10% per month or portion of a month, not to exceed a maximum of 50% of the tax due. Specific late filing penalty is assessed on tax returns postmarked after June 30. The penalty rate is 10% per month or portion of a month until the return is filed, not to exceed a maximum of 50% of the tax due. The combined total of the delinquency penalty and specific late filing penalty will not exceed 10% per month or portion of a month, not to exceed a maximum of 50% of the tax due.
INteReSt

Every lessee of governmental property used for a residential or commercial purpose, or that is undeveloped, is subject to the intangible tax each year on the value of the leasehold estate on January 1 of each tax year, if rental payments are due in consideration for the leasehold estate. If the 1/2 mill ($.50 per $1000 value) annual tax levy on the value of the leasehold estate results in a tax of sixty dollars ($60) or more, the lessee is required to file this return (Form Dr601G) and pay the tax. If the tax due is less than sixty dollars ($60), the taxpayer should file this return without payment of the tax to avoid unnecessary contact by the Department of revenue. Taxpayers are not entitled to the exemption for the governmental leasehold intangible personal property tax.

Interest is due on the amount of tax not paid by June 30. A floating rate of interest applies to underpayments and late payments of tax. The rate will be updated January 1 and July 1 of each year by using the formula established in s. 213.235, F.S. To obtain interest rates, contact the Department.
oVeRpaYmeNtS oF tax

If you have overpaid your tax and want a refund of the overpayment, you must submit an Application for refund (Form Dr26). The Department cannot process your refund claim without this form. Filing an amended return does not qualify as a claim for refund. If you have any questions, please call the refund Subprocess at 850-488-8937 or write to: Florida Department of Revenue, Refund Subprocess, P.O. Box 6470, Tallahassee, FL 323146470.

Tax information and forms are available online at: www.myflorida.com/dor For assistance, call taxpayer Services, monday - Friday, 8 a.m. ­ 7 p.m., et, at 800-352-3671. From the option menu, select Information on Taxes or Forms.

oVeRpaYmeNtS oF tax (continued)

Taxes paid prior to October 1, 1994, are barred from refund by a three (3) year statute of limitation. For taxes paid on or after October 1, 1994, but before July 1, 1999, the limitation for claiming a refund is extended to five (5) years. For taxes paid on or after July 1, 1999, the limitation for claiming a refund is three (3) years from the date the tax is paid.
ameNDeD RetuRNS/uNDeRpaYmeNtS oF tax

If you discover that intangible property was undervalued on, or omitted from, your tax return, you should file an amended return. The amended return is to be completed in its entirety, as if it was an original filing. Pay only the additional tax due. If the return is postmarked after June 30, you will be subject to penalty and interest. Explain by separate letter, attached to the amended return, whether the property was undervalued or omitted.
VaLuatIoN oF LeaSeHoLD eState

DR-601G R. 01/09 page 4 Nominal or token payments are not used to value the lessee's interest. In such cases, the fair market rental for the leased property is the amount to be valued. If lease rental payments are based on some factor, such as a percentage of sales or profits, the average annual rental actually paid for a period not to exceed the previous five years should be used, provided the amount is not nominal or significantly less than fair market rental. If the average amount is a nominal or token amount, the lease rental payment to be valued shall be the fair market rental for the property. Market rent is the amount which would be paid annually for use of a property in the open market, as indicated by current rentals being paid for comparable property. This should be net rent to the owner or lessor after allowance for taxes, insurance or other expenses specifically itemized as part of the rental payment. Do not deduct any such payments that you as the user make. The period for which the lease payments should be valued is the number of years remaining under the lease on January 1 of the tax year, exclusive of renewal options. The year in which the lease expires should be considered a full year for the purpose of determining the number of years remaining under the lease agreement. If, on January 1 of the tax year, less than one year remains under the lease agreement, the value is determined as if a full year remained and is then prorated for the number of months remaining under the lease agreement.

The just value of a lessee's leasehold estate or possessory interest to be reported on the return is determined by the rent payments for the remaining term of the lease, at the Federal reserve Atlanta discount rate on the last business day of the previous year, plus one (1) percent.

Valuation Factor table - 2009 (1.5%)
YeaRS RemaINING 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 FACTOr 0.9852 1.9559 2.9122 3.8544 4.7826 5.6972 6.5982 7.4859 8.3605 9.2222 10.0711 10.9075 11.7315 12.5434 13.3432 14.1313 14.9076 15.6726 16.4262 17.1686 17.9001 18.6208 19.3309 20.0304 20.7196 21.3986 22.0676 22.7267 23.3761 24.0158 24.6461 25.2671 25.8790 YeaRS RemaINING 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 FACTOr 26.4817 27.0756 27.6607 28.2371 28.8051 29.3646 29.9158 30.4590 30.9941 31.5212 32.0406 32.5523 33.0565 33.5532 34.0426 34.5247 34.9997 35.4677 35.9287 36.3830 36.8305 37.2715 37.7059 38.1339 38.5555 38.9710 39.3803 39.7835 40.1808 40.5722 40.9579 41.3378 41.7121 YeaRS RemaINING 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 FACTOr 42.0809 42.4442 42.8022 43.1549 43.5023 43.8447 44.1819 44.5142 44.8416 45.1641 45.4819 45.7950 46.1034 46.4073 46.7067 47.0017 47.2923 47.5786 47.8607 48.1386 48.4125 48.6822 48.9480 49.2099 49.4678 49.7220 49.9724 50.2191 50.4622 50.7017 50.9376 51.1701 51.3991 51.6247