Fla. Admin. Code R. 12A-1.0641
(2) Vessels.
(3) Computation of mileage apportionment factor and tax due.
(4) Claiming the exemption at the time of purchase of a vessel.
(b) 1. To claim the partial exemption at the time of purchase, the person purchasing a vessel used in interstate or foreign commerce in both Florida and non-Florida waters or purchasing a commercial fishing vessel is required to:
a. Hold a valid sales and use tax certificate of registration;
b. Hold a valid Sales and Use Tax Direct Pay Permit (Form DR-16P) issued by the Department. To obtain a direct pay permit, the purchaser of the vessel is required to file an Application for Self-Accrual Authority/Direct Pay Permit (Form DR-16A) with the Department, as provided in Rule 12A-1.0911, F.A.C. Forms DR-16A and DR-16P are incorporated by reference in Rule 12A-1.097, F.A.C.; and,
c. Execute an affidavit to the selling dealer affirming that the vessel is for the exclusive use designated in Section 212.08(8), F.S., the vessel will not be used for sport or pleasure fishing purposes, and the basis of the tax due on the purchase of the vessel. A suggested affidavit is provided in paragraph (d).
(d) The following is a suggested format of an affidavit to be executed at the time of purchase by the owner or the owner’s agent or representative to the dealer selling or leasing the vessel:
AFFIDAVIT
VESSELS USED TO TRANSPORT PERSONS OR PROPERTY
FOR HIRE IN INTERSTATE OR FOREIGN COMMERCE
OR FOR COMMERCIAL FISHING PURPOSES
I, the undersigned individual, hereby declare that I am the purchaser or the purchaser’s agent or representative authorized to act for the purchaser in the purchase of the vessel described below. The option checked below applies to this purchase:
( ) The vessel will be used exclusively to transport persons or property for hire in interstate or foreign commerce or for commercial fishing purposes in non-Florida waters, including the mileage from the territorial limit to port dockside and return into international waters. The vessel will not operate in or on the canals or waterways, or within the territorial waters, of Florida and is not subject to Florida sales tax.
( ) The vessel will be used in transporting persons or property for hire in interstate or foreign commerce or for commercial fishing purposes in both non-Florida waters and in Florida territorial waters. The purchaser holds a valid Sales and Use Tax Direct Pay Permit issued by the Florida Department of Revenue and must pay tax imposed under Section 212.08(8), F.S., at the rate of ___% of the sales price of the vessel directly to the Florida Department of Revenue. The tax is due on the 1st day of the month following the date of purchase of the designated vessel and is delinquent on the 21st day of that month.
DESCRIPTION OF VESSEL: _________________________________________________________________________________
NAME OF VESSEL: ________________________________________________________________________________________
STATE REGISTRATION NUMBER: ___________________________________________________________________________
COAST GUARD DOCUMENTATION NUMBER: ________________________________________________________________
MAKE: __________________________________ MODEL: ___________________________________
YEAR: ___________________________________ SERIAL NUMBER: __________________________
SALES PRICE OF DESIGNATED VESSEL: _____________________________________________________________________
NAME OF SELLING DEALER: _______________________________________________________________________________
SELLING DEALER’S ADDRESS: _____________________________________________________________________________
SELLING DEALER’S SALES TAX NO.: _______________________________________________________________________
NAME OF VESSEL OWNER: ________________________________________________________________________________
NAME OF PURCHASER: ____________________________________________________________________________________
PURCHASER’S TITLE OR DESIGNATION: ____________________________________________________________________
VESSEL OWNER’S SALES TAX NO.: _________________________________________________________________________
I understand that if I fraudulently issue this affidavit to evade the payment of Florida sales tax, I will be liable for payment of the tax plus a penalty of 200% of the tax and may be subject to conviction of a third degree felony.
Under penalties of perjury, I declare that I have read the foregoing affidavit and that the facts stated in it are true to the best of my knowledge and belief.
____________________________________________________________________
SIGNATURE OF PURCHASER OR PURCHASER’S AGENT OR REPRESENTATIVE
________________________
TITLE OR DESIGNATION
________________________
DATE
(5) Parts and other items used on vessels.
(c) 1. Items purchased or leased in Florida that are not appropriate to perform the purposes for which a vessel is operated, designed, or equipped are subject to tax at the rate imposed by Section 212.05(1), F.S.
2. Tools and materials and supplies, such as sandpaper, blasting sand, sanding discs, masking tape, rags, and mineral spirits, used in the repair and maintenance of a vessel while the vessel is within Florida are subject to tax at the rate imposed by Section 212.05(1), F.S.
(e) The vessel owner, operator, or the owner’s agent or representative is required to execute an affidavit to the selling dealer to purchase, lease, or rent vessel parts and other items subject to the partial exemption tax-exempt at the time of purchase. The owner is required to pay tax on vessel parts and other qualified items based on the owner’s mileage apportionment factor directly to the Department. The following is a suggested format of the affidavit:
AFFIDAVIT
VESSEL PARTS AND ITEMS APPROPRIATE TO CARRY OUT THE PURPOSE FOR WHICH A VESSEL IS
DESIGNED, EQUIPPED, AND USED IN INTERSTATE OR FOREIGN COMMERCE OR FOR COMMERCIAL
FISHING PURPOSES
I, the undersigned individual, hereby declare that I am the owner, operator, or the owner’s agent or representative authorized to act for the owner in the purchase of the items used on the vessel, ____________________________, Home Port of ____________________________________.
I hereby declare that the named vessel is used to transport persons or property for hire in interstate or foreign commerce or for commercial fishing purposes and the items purchased from the seller listed on INVOICE NO(S). _________________ will be used exclusively on the named vessel and are appropriate to carry out the purpose for which the vessel is designed, equipped, and used.
I hereby declare that: (The option checked below applies to this purchase.)
( ) The items purchased will be used exclusively on the named vessel in non-Florida waters, including the mileage from the territorial limit to port dockside and return into international waters. The vessel will not be operated in or on the canals or waterways, or within the territorial waters, of Florida. The items purchased are not subject to Florida sales tax.
( ) The items purchased will be used exclusively on the named vessel in both non-Florida waters and in Florida territorial waters. The owner holds a valid Sales and Use Tax Direct Pay Permit issued by the Florida Department of Revenue and must pay tax imposed under Section 212.08(8), F.S., at the rate of __________% of the sales price of the vessel parts and items directly to the Florida Department of Revenue. The tax is due on the 1st day of the month following the date of purchase of the designated vessel parts and items and is delinquent on the 21st day of that month.
I understand that if I fraudulently issue this affidavit to evade the payment of Florida sales tax, I will be liable for payment of the tax plus a penalty of 200% of the tax and may be subject to conviction of a third degree felony.
Under penalties of perjury, I declare that I have read the foregoing affidavit and that the facts stated in it are true to the best of my knowledge and belief.
_____________________________________________________________________________
SIGNATURE OF VESSEL OWNER, OPERATOR, OR OWNER’S AGENT OR REPRESENTATIVE
__________________________________
TITLE OR DESIGNATION
______________________________
DATE
(6) Dyed diesel fuel used in interstate or foreign commerce or for commercial fishing purposes.
(a) 1. The sale of dyed diesel fuel placed into the storage tank of a vessel or equipment used exclusively for commercial fishing and aquacultural purposes is exempt. “Commercial fishing and aquacultural purposes” means fuel used in the operation of boats, vessels, or equipment used exclusively for the taking of food fish, freshwater fish, marine fish, saltwater fish, and shellfish as defined in Section 379.101, F.S., from any Florida waters for resale to the public.
2. This exemption does not include fuel used for sport or pleasure fishing or fuel used in any vehicle or equipment driven or operated upon the highways of Florida.
3. To purchase dyed diesel fuel exempt from sales tax at the time of purchase, the purchaser is required to provide an exemption certificate to the selling dealer declaring that the fuel will be used exclusively in equipment or a vessel for commercial fishing or aquacultural purposes. The following is a suggested format of a certificate:
EXEMPTION CERTIFICATE
DYED DIESEL FUEL USED EXCLUSIVELY FOR
COMMERCIAL FISHING OR AQUACULTURAL PURPOSES
I certify that dyed diesel fuel placed in the storage tank of a vessel or equipment on or after _________________________ (Date) from ___________________________ (Selling Vendor’s Name) will be used exclusively in equipment or a vessel for commercial fishing or aquacultural purposes.
I understand that if I use the purchased dyed diesel fuel for any nonexempt purpose, I must pay tax on the purchase price of the dyed diesel fuel directly to the Florida Department of Revenue.
I understand that if I fraudulently issue this exemption certificate to evade the payment of Florida sales tax, I will be liable for payment of the tax, plus a penalty of 200% of the tax, and may be subject to conviction of a third degree felony.
Under penalties of perjury, I declare that I have read the foregoing exemption certificate and the facts stated in it are true.
__________________________________________________
SIGNATURE OF PURCHASER OR AUTHORIZED AGENT
_______________________
TITLE OR DESIGNATION
_________________
DATE
(b) 1. The sale of dyed diesel fuel to the owner, operator, or the owner’s agent or representative of vessels operated to transport persons or property for hire in interstate or foreign commerce is subject to the partial exemption provided in section 212.08(4)(a)2., F.S. Tax imposed is based on the vessel owner’s mileage apportionment factor.
2. To purchase dyed diesel fuel exempt from sales tax at the time of purchase, the owner, operator, or the owner’s agent or representative is required to execute an exemption certificate to the selling dealer declaring that the fuel will be used in a vessel operated to transport persons or property for hire in interstate or foreign commerce. The following is a suggested format of an exemption certificate:
SUGGESTED EXEMPTION CERTIFICATE
DYED DIESEL FUEL FOR USE IN A VESSEL OPERATED
IN INTERSTATE OR FOREIGN COMMERCE
I, the undersigned individual, as the owner, operator, or the owner’s agent or representative of the vessel, _______________, Home Port of _________________________, certify the following. The option checked below applies to this purchase:
( ) The named vessel is used to transport persons or property for hire in interstate or foreign commerce in non-Florida waters, including the mileage from the territorial limit to port dockside and return into international waters. The fuel will not be used to operate the vessel in or on the canals or waterways, or within the territorial waters, of Florida and is not subject to Florida sales tax.
( ) The named vessel is used to transport persons or property for hire in interstate or foreign commerce in non-Florida waters and in Florida territorial waters. The fuel will be used to operate vessels in interstate or foreign commerce and is subject to the partial exemption provided in Section 212.08(4)(a)2., F.S. The owner holds a valid sales and use tax certificate of registration issued by the Florida Department of Revenue and must pay tax due on the fuel directly to the Florida Department of Revenue. The tax is due on the 1st day of the month following the date of purchase of the fuel and is delinquent on the 21st day of that month.
I understand that if I fraudulently issue this exemption certificate to evade the payment of Florida sales tax, I will be liable for payment of the tax plus a penalty of 200% of the tax and may be subject to conviction of a third degree felony.
Under penalties of perjury, I declare that I have read the foregoing exemption certificate and the facts stated in it are true and correct to the best of my knowledge and belief.
________________________________________________________________
SIGNATURE OF OWNER, OPERATOR, OR OWNER’S AGENT OR REPRESENTATIVE
________________________
TITLE OR DESIGNATION
_________________
DATE
(7) Refunds to claim the partial exemption.
(b) Persons seeking a refund of tax paid in excess of the tax due under the partial exemption must:
1. Obtain a certified statement from the selling dealer that the tax paid to the dealer has been remitted to the Department. The certified statement is to be submitted to the Department with an Application for Refund-Sales and Use Tax. A suggested format of a certificate is provided in paragraph (c).
2. When seeking a refund of tax paid in excess of the tax due on vessels in excess of the tax due under the partial exemption, execute an affidavit affirming that the designated vessel or designated vessel parts are subject to the partial exemption and the extent of that partial exemption. The affidavit is to be submitted to the Department with an Application for Refund-Sales and Use Tax. Suggested formats of the affidavits are provided in paragraphs (d) and (e).
3. When seeking a refund of sales tax paid on diesel fuel purchased in excess of the tax due under the partial exemption, execute a statement that the fuel purchased qualified for the exemption. The statement is to be submitted to the Department with an Application for Refund-Sales and Use Tax. A suggested format of a certificate is provided in paragraph (f).
4. File with the Department an Application for Refund-Sales and Use Tax (Form DR-26S, incorporated by reference in Rule 12-26.008, F.A.C.), including any required statement or affidavit, that meets the requirements of Sections 213.255(2) and (3), F.S., and Rule 12-26.003, F.A.C., within 3 years after the date the tax was paid.
(c) The following is a suggested format for a certified statement to be executed by the selling dealer to evidence that tax paid to the selling dealer has been remitted to the Department of Revenue:
CERTIFICATE
TAX PAID TO THE DEPARTMENT OF REVENUE
The undersigned officer who is duly authorized by ______________________________________________________,
SELLING DEALER, hereby certifies to ______________________________________, PURCHASER, it has paid sales tax to the Florida Department of Revenue, totaling the sum of $_______________.
The company further certifies the sales tax for the attached invoice(s) was paid to the State of Florida in the month(s) of under sales tax number _______________________________.
____________________________________
SIGNATURE OF AUTHORIZED OFFICER
____________________________________
TITLE
(d) The following is a suggested format of an affidavit to be provided to the Department to obtain a refund of tax paid to the selling dealer in excess of the tax due on vessels operated in interstate or foreign commerce or for commercial fishing purposes:
AFFIDAVIT
SALES TAX PAID TO THE SELLING DEALER FOR
A VESSEL USED IN INTERSTATE OR FOREIGN COMMERCE OR
FOR COMMERCIAL FISHING PURPOSES
I, the undersigned individual, hereby declare that I am the owner, operator, or the owner’s agent or representative authorized to act for the owner or operator in the purchase of the vessel described below. The option checked below applies to this purchase:
( ) The vessel is used exclusively to transport persons or property for hire in interstate or foreign commerce or for commercial fishing purposes in non-Florida waters, including the mileage from the territorial limit to port dockside and return into international waters. The vessel is not operated in or on the canals or waterways, or within the territorial waters, of Florida and is not subject to Florida sales tax. I have paid Florida sales tax to the seller and am applying directly to the Florida Department of Revenue to obtain a refund of tax paid in the amount of $______ directly from the Florida Department of Revenue.
( ) The vessel is used in transporting persons or property for hire in interstate or foreign commerce or for commercial fishing purposes in both non-Florida waters and in Florida territorial waters. I have paid Florida sales tax to the seller and am applying directly to the Florida Department of Revenue to obtain a refund of tax paid in excess of the tax due pursuant to Section 212.08(8), F.S. I understand that, as the purchaser, I must pay tax imposed under Section 212.08(8), F.S., at the rate of __________ % of the sales price of the vessel and am requesting a refund of tax paid in the amount of $______ directly from the Florida Department of Revenue.
DESCRIPTION OF VESSEL USED IN INTERSTATE OR FOREIGN COMMERCE OR FOR COMMERCIAL FISHING PURPOSES:
NAME OF VESSEL: ________________________________________________________________________________________
STATE REGISTRATION NUMBER: ___________________________________________________________________________
COAST GUARD DOCUMENTATION NUMBER: ________________________________________________________________
MAKE: ________________________________________ MODEL: _______________________________________________
YEAR: _________________________________________ SERIAL NUMBER: ______________________________________
SALES PRICE OF DESIGNATED VESSEL: ____________________________________________________________________
NAME OF SELLING DEALER: _______________________________________________________________________________
SELLING DEALER’S ADDRESS: _____________________________________________________________________________
SELLING DEALER’S SALES TAX NO.: _______________________________________________________________________
VESSEL OWNER OR OWNER’S AGENT OR REPRESENTATIVE: ________________________________________________
TITLE OR DESIGNATION: __________________________________________________________________________________
I understand that if I fraudulently issue this affidavit to evade the payment of Florida sales tax, I will be liable for payment of the tax plus a penalty of 200% of the tax and may be subject to conviction of a third degree felony.
Under penalties of perjury, I declare that I have read the foregoing affidavit and that the facts stated in it are true to the best of my knowledge and belief.
________________________________________________________________________________
SIGNATURE OF OWNER, OPERATOR, OR OWNER’S AGENT OR REPRESENTATIVE
_______________________________________
TITLE OR DESIGNATION
___________________
DATE
(e) The following is a suggested format of an affidavit to be provided to the Department to obtain a refund of tax paid to the selling dealer on items appropriate to carry out the purpose for which a vessel is designed, equipped, and used in interstate or foreign commerce or for commercial fishing purposes:
AFFIDAVIT
ITEMS APPROPRIATE TO CARRY OUT THE PURPOSE FOR WHICH A VESSEL IS DESIGNED,
EQUIPPED, AND USED IN INTERSTATE OR FOREIGN COMMERCE
OR FOR COMMERCIAL FISHING PURPOSES
I, the undersigned individual, as the owner, operator, or the owner’s agent or representative of the vessel, ____________________, Home Port of _____________________, hereby declare that the items purchased from the seller listed on INVOICE NO(S). __________ are used exclusively on the named vessel and are appropriate to carry out the purpose for which the vessel is designed, equipped, and used to transport persons or property for hire in interstate or foreign commerce or for commercial fishing purposes. The option checked below applies to the items purchased:
( ) The items purchased are used on the named vessel that is used exclusively to transport persons or property for hire in interstate or foreign commerce or for commercial fishing purposes in non-Florida waters, including the mileage from the territorial limit to port dockside and return into international waters. The vessel is not operated in or on the canals or waterways, or within the territorial waters, of Florida and is not subject to Florida sales tax. I have paid Florida sales tax to the seller and am applying directly to the Florida Department of Revenue to obtain a refund of sales tax paid to the seller.
( ) The items purchased are used on the named vessel that is used in transporting persons or property for hire in interstate or foreign commerce or for commercial fishing purposes in both non-Florida waters and in Florida territorial waters. I have paid Florida sales tax to the seller and am applying directly to the Florida Department of Revenue to obtain a refund of tax paid in excess of the tax due under Section 212.08(8), F.S. I understand, that as the owner or operator of the vessel, that I must pay tax imposed under Section 212.08(8), F.S., at the rate of _____ % of the sales price of the vessel parts and items and am requesting a refund of tax paid in the amount of $ ________ directly from the Florida Department of Revenue.
I understand that if I fraudulently issue this affidavit to evade the payment of Florida sales tax, I will be liable for payment of the tax plus a penalty of 200% of the tax and may be subject to conviction of a third degree felony.
Under penalties of perjury, I declare that I have read the foregoing affidavit and that the facts stated in it are true to the best of my knowledge and belief.
________________________________________________________________________________
SIGNATURE OF THE VESSEL OWNER, OPERATOR, OR THE OWNER’S AGENT OR REPRESENTATIVE
_____________________________
TITLE OR DESIGNATION
_____________________________
DATE
(f) The following is a suggested format of a certificate to be provided to the Department to obtain a refund of tax paid to the selling dealer on fuel in excess of the partial exemption provided in Section 212.08(4)(a)2., F.S.:
CERTIFICATE
TAX PAID ON FUEL USED IN A VESSEL OPERATED IN INTERSTATE OR FOREIGN COMMERCE OR
FOR COMMERCIAL FISHING PURPOSES
I, the undersigned individual, as the owner, operator, or the owner’s agent or representative of the vessel, _______________________, Home Port of __________________, hereby certify that the fuel purchased from the seller listed on INVOICE NO(S). _______________ is used on the named vessel engaged in transporting persons or property for hire in interstate or foreign commerce or engaged in commercial fishing. The option checked below applies to this purchase of fuel.
( ) The fuel was used in the named vessel used exclusively to transport persons or property for hire in interstate or foreign commerce or for commercial fishing purposes in non-Florida waters, including the mileage from the territorial limit to port dockside and return into international waters. The fuel was not used to operate the named vessel in or on the canals or waterways, or within territorial waters, of Florida and is not subject to Florida sales tax. I am requesting a refund of tax paid in the amount of $__________ directly from the Florida Department of Revenue.
( ) The fuel was used in the named vessel used in transporting persons or property for hire in interstate or foreign commerce or for commercial fishing purposes in both non-Florida waters and in Florida territorial waters. I have paid Florida sales tax to the seller and am applying directly to the Florida Department of Revenue to obtain a refund of tax paid in excess of the tax due pursuant to Section 212.08(4)(a)2., F.S. I understand that, as the purchaser, I must pay tax imposed under Section 212.08(4)(a)2., F.S., at the rate of _______ % of the sales price of the fuel and am requesting a refund of tax paid in the amount of $ ________ directly from the Florida Department of Revenue.
I understand that if I fraudulently issue this certificate to evade the payment of Florida sales tax, I will be liable for payment of the tax plus a penalty of 200% of the tax and may be subject to conviction of a third degree felony.
Under penalties of perjury, I declare that I have read the foregoing certificate and that the facts stated in it are true to the best of my knowledge and belief.
________________________________________________________________
SIGNATURE OF OWNER, OPERATOR, OR OWNER’S AGENT OR REPRESENTATIVE
__________________________
TITLE OR DESIGNATION
______________________
DATE
(8) Damage claims and demurrage charges by carriers.
(9) Recordkeeping requirements.
Rulemaking Authority 212.18(2), 213.06(1) FS. Law Implemented 212.05(1), 212.0501(4), 212.06(1), 212.08(4)(a)2., 4., (8), 212.085, 213.37 FS. History–New 6-12-03, Amended 5-9-13, 5-9-13, 1-20-14, 12-31-20.