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Tourist
Development Tax
Tax Amnesty Program
frequently asked questions
Tax Amnesty agreement
(pdf format)
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Q.
What is tax amnesty?
A.
Tax amnesty is a one-time opportunity for
taxpayers to voluntarily pay delinquent Tourist Development Taxes with NO
penalty and reduced interest.
Authorized by the Florida
Legislature the Tax Amnesty Program runs from July 1, 2003 through October
31, 2003, and applies to taxes, penalty, and interest that were due on or
before June 30, 2003.
The Volusia County Council
approved participation in the program on June 5, 2003.
Taxpayers who are under
criminal investigation or who have been convicted of violating a Florida
revenue law are excluded from the Tax Amnesty Program. Also excluded are
taxes where the taxpayer has entered into a settlement or payment
agreement with the County prior to July 1, 2003.
Q.
Who is eligible for tax amnesty?
A.
Businesses and individuals are eligible if
they have unpaid taxes, penalty, or interest that were due on or before
June 30, 2003 and one or more of the following apply:
-
They are not currently under criminal
investigation nor have they been convicted of a violation of a revenue
law.
-
Their liability is not already covered in an
existing stipulated payment agreement or settlement agreement.
-
They agree to waive all protest rights and
rights to refund related to the liability.
Q.
When can I file under the tax amnesty program?
A.
The Tax Amnesty Program runs from
July 1, 2003 through October 31, 2003. You can file and pay eligible taxes
and the applicable interest any time during this period.
Q.
What are the eligible tax
payment periods included in the tax amnesty?
A.
Tax liabilities that are due
on or before June 30, 2003. You can file and pay eligible taxes and the
applicable interest any time during this period.
Q.
How far back should I file tax returns during
tax amnesty?
A.
The statutory look-back
period for tax deficiencies unknown to the County that are voluntarily
disclosed and paid by the taxpayer during amnesty is three (3) years;
however, undisclosed liabilities and liabilities determined by the
County may extend beyond the three-year period.
Q.
What are the benefits of participating in tax
amnesty?
A.
Eligible taxpayers can save
money. The Tax Amnesty Program gives you a one-time opportunity to remit
previously owed taxes with NO penalty and at a reduced interest rate. In
addition, the statutory look-back period for tax deficiencies unknown to
the County that are voluntarily disclosed and paid by the taxpayer during
amnesty is three (3) years.
Q.
Will filing under tax amnesty increase my
chances of being audited?
A.
No. Participating in the Tax
Amnesty Program does not increase your risk of an audit. In fact,
taxpayers who accurately disclose all of their tax liabilities
during the four-month amnesty period will lower their chances of being
identified for later audit by the County.
Q.
Is there a tax amnesty application form I must
complete to participate in tax amnesty?
A.
Yes. You must complete a Tax
Amnesty Agreement and submit it along with the appropriate documents and
full payment of the tax and the appropriate interest.
The Tax Amnesty Agreement
acknowledges that you have read and understood the conditions of the tax
Amnesty Program.
Only one completed agreement
is required, regardless of the number of tax periods you wish to pay.
Q.
What is required for participation in tax
amnesty?
A.
-
You must be eligible to participate (see
"Who is eligible?" FAQ #2).
-
You must complete the Tax Amnesty Agreement.
-
You must complete and submit the appropriate
tax documents for the taxes and interest you owe (under amnesty, all
penalty is waived and save up to 50% off interest).
-
You must mail or submit all tax
amnesty-related documents and payment of tax during the four-month tax
amnesty period (postmarked no later than October 31, 2003).
-
You must be registered with the Department of
Revenue and have a current Sales Tax certificate number.
Q.
There are two interest discounts available in
tax amnesty. What interest discount applies to me?
A.
The interest discount that
applies depends on your type of tax liability.
If the County has already
discovered and assessed a liability (for example, field audits,
billings, jeopardy assessment letters, and warrants), you may
participate in amnesty and receive a 25% interest discount.
Other taxpayers may
participate and receive a 50% discount on interest. These actions
include:
-
Taxpayers who have never been contracted by
the County have a liability.
-
Taxpayers who receive communications from the
County from Letters of Inquiry, delinquency notices, etc.
Q.
How do I find out how much I owe?
A.
To find out how much you
owe or to get help complying with tax amnesty provisions, call (386)
822-5755.
If you know you missed a
payment or did not send in your tax return on time, you don’t have
to wait for the County to mail you a bill or delinquency notice. You
can contact the County for an amount now.
Q.
What are the recommended steps I should
follow to file and pay tax returns and bill payments during tax amnesty?
-
Review all your records to determine if you
have overlooked a taxable transaction or business activity.
-
Calculate any undisclosed /unpaid tax
liability that was due on or before June 30, 2003. (Contact the county at
(386) 822-5755 for interest rates).
-
Read and complete the Tax Amnesty Agreement.
You must complete this agreement before you can file and pay taxes and
bills under the Tax Amnesty Program.
-
Write a check, payable to the County of
Volusia, for FULL PAYMENT of all tax and reduced interest due.
-
Mail all tax amnesty-related documents,
including returns (postmarked no later than October 31, 2003) to:
County of Volusia
TDT Tax Amnesty Program
123 W Indiana Ave, Room 103
Deland, Fl 32720
Q.
Do I need to submit a separate check for each
tax amnesty return?
A.
NO. After you have completed
all required tax returns, information, and documentation, you may submit
one check or make one payment.
Q.
Can I remit amnesty-related payments in
installments?
A.
Yes. However, all tax payments
must be made between July 1, 2003 and October 31, 2003. The Tax Amnesty
Program requires full payment of tax on or before October 31, 2003.
Payments postmarked after October 31, 2003 will not be eligible for tax
amnesty or associated benefits.
Q.
I already reported my taxes, but I have an
outstanding bill for penalty and/or interest. Can I take advantage of tax
amnesty?
A.
Yes, you may clear up a no-tax
due bill during amnesty by submitting a completed Tax Amnesty Agreement
form and paying 75% of the interest.
I currently participate in a stipulated
payment agreement with the County. Can I participate in tax amnesty to
reduce my penalty and interest?
NO! If a taxpayer has
entered into a settlement or stipulated payment agreement with the
County prior to July 1, 2003, the taxes covered by this agreement are
NOT eligible for the Tax Amnesty Program.
Q.
Are tax amnesty-related tax returns, bills,
and audit payments confidential?
A.
Yes, all tax returns, documents,
and communications filed with the County under the Tax Amnesty Program are
confidential as provided by Chapter 213, Florida Statutes.
Q.
Can tax returns filed under
tax amnesty be amended in the future? Can they be appealed?
A.
No. In order to take advantage of
the Tax Amnesty Program the taxpayer must agree to the provisions of the
Tax Amnesty Agreement. These provisions include:
- The taxpayer’s agreement to waive the
rights to contest the tax or interest
- The taxpayer’s agreement to
waive the right to any refund or credit, except taxes or interest paid
in error as determined by the County.
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