Form Rt-800002 - Employer Guide To Reemployment Tax Page 15

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Any employer who has been billed for an outstanding
must have notified the Department of the acquisition,
tax debt for one year or longer, will be assigned
otherwise, the transfer will be denied. A partial rate
the penalty tax rate of 5.4 percent (.0540) unless
transfer may be granted if the RTS-1S is signed by
payment is received prior to the effective date of
both parties consenting to the rate transfer and all
the new tax rate. Employers are notified of any
requested information is provided. Form RTS-1S will
outstanding tax debt by mail, with a reemployment
require the total number of predecessor employees
tax Summary of Amount Past Due (RT-27).
before the transfer, the number of employees in the
Employers can view their tax rate by logging into
identifiable and separate unit transferred, and the
their account at
date the transferred unit began employment while
eservices/filepay.html.
operated by the predecessor. The partial transfer
form must be returned within 30 days from the date
Successor Accounts
the notification of option is mailed to the successor.
Any individual, partnership, or corporation, which
If the form is determined to be late, the transfer will
becomes an employer by succession, has the option
be denied.
of transferring the predecessor’s tax rate or taking
When an employer buys an additional unit of
the initial rate of 2.7 percent (.0270). If the new
owner becomes liable by succession and elects
business from another liable employer, the purchaser
to transfer the predecessor’s tax rate, a Report to
must submit a Florida Business Tax Application
(DR-1), marked “AMENDED” to provide additional
Determine Succession and Application for Transfer
of Experience Rating Records (RTS-1S) must be
information concerning the purchase.
signed and returned within 30 days from the date the
A company reporting several units of business must
notification of option is mailed to the successor
advise the Department if any of the units are sold.
or the transfer will be denied. The form must have
The names and addresses of the new owners as well
the signature of the owner or a corporate officer. In
as the dates of sale are required. This information
order to qualify for a tax rate transfer, the successor
may be submitted by a detailed letter or in a Report
employer must have notified the Department of the
to Determine Succession and Application for
acquisition within 90 days of the date the succession
Transfer of Experience Rating Records (RTS-1S).
began, otherwise, the transfer will be denied.
Before buying an existing business, a purchaser
If the new owner is already liable, and elects to
should ask the seller for documentation of any
transfer the predecessor’s tax rate history, the
tax, (including, but not limited to, reemployment
RTS-1S must be signed, as stated above, and
tax), penalty, or interest due to the Department
returned within 30 days from the date the notification
of Revenue, since a purchaser could be liable for
of option is mailed to the successor. A tax rate will
any tax, penalty and interest owed by the seller in
be computed based on the combined employer
accordance with s. 213.758, F.S. The purchaser
histories. If the form is not returned within 30
can then withhold enough of the purchase money
days, the transfer of records will be denied. If the
to cover the liability until the seller pays the amount
successor does not elect the transfer, the new
due.
owner’s existing tax rate will apply.
Mandatory Transfers
Any successor employer requesting transfer of
Reemployment tax experience must be transferred
experience rating records of the predecessor must
whenever there is any common ownership,
submit payment, by certified funds, for any debt
management, or control of two employers, and one
owed by the predecessor, if any, within 30 days
of these transfers its trade or business (including its
of the mailing date of the notice listing the total
workforce), or a portion thereof, to the other
amount due or the transfer will be denied. Also,
employer. This requirement applies to both total and
the successor’s account will be charged with any
partial transfers of business.
benefits paid to the individuals who were former
Employers must notify the Department in writing
employees of the predecessor. These charges will
of any total or partial transfer of trade or business
be used in future tax rate computations.
within 90 days after the date of transfer if there was
If the new owner acquires only a portion of the
any common ownership, management, or control of
predecessor’s business, the successor is entitled
the two employers at the time of the transfer.
to the experience rating records of that particular
Federal Certification
unit if qualifying conditions are met. In order to
Every year the Department certifies to the federal
qualify for partial transfer, the successor employer
Department of Revenue, Employer Guide to Reemployment Tax, Page 15

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