Were Florida residents' fund shares exempt from annual intangible tax when the portfolio held exempt securities?

Subject

Exempt Assets in Fund

Plain-English summary

Under the 1998 annual intangible-tax rules, Florida residents' fund shares were exempt if the fund's year-end portfolio contained only exempt assets. Direct obligations of the United States were exempt under federal law. The remaining share value was also exempt when every remaining portfolio asset was itself exempt from Florida intangible tax.

The result was not proportional if the non-U.S. portion included a taxable asset. After removing the value attributable to direct U.S. government obligations, any taxable asset in the remaining portfolio made that entire remaining portion of each share's net asset value taxable.

What this means for you

The ruling used a year-end, all-or-nothing test for the portfolio value outside direct U.S. obligations. Fund managers and Florida investors could not simply exempt the percentage represented by qualifying nonfederal assets if even one asset in that portion was taxable.

Common questions

Q: When was the portfolio tested? On the last business day of the previous calendar year.

Q: Were direct U.S. government obligations always separated out? Yes. Their portion of net asset value was exempt under 31 U.S.C. § 3124(a).

Q: What happened if one remaining security was taxable? The entire remaining share value outside direct U.S. obligations became taxable under the ruling's analysis.

Citations and references

• 31 U.S.C. § 3124(a) — state-tax exemption for direct U.S. government obligations
• Fla. Stat. § 199.185(1)(j) — shares of an investment trust invested in exempt assets
• Fla. Stat. § 213.22 — Technical Assistance Advisements

Source

• Landing page: Florida Tax Law Library
• Advisement: TAA 98C2-010

Original ruling text

Oct 01, 1998

Re: Technical Assistance Advisement 98(C)2-010
Intangible Tax - Exempt Assets in Fund
s. 199.185(1)(j), F.S.
XXX (hereinafter "Fund")

Dear :

Your letter requesting a Technical Assistance Advisement has
been referred to this office for response. The specific
scenario for which advice has been requested is summarized
below.

Statement of the Facts

The Fund is a non-diversified closed-end management investment
company, which was organized outside the State of Florida. The
Fund is registered under the Investment Company Act of 1940.

The Fund holds a portfolio that consists of long-term
obligations issued by or on behalf of Florida or its political
subdivisions, agencies or instrumentalities. The Fund may also
hold long-term obligations of the United States, its
subdivisions, agencies, instrumentalities, or territories and
possessions, or of other states. In addition, the Fund may
invest in securities not issued by or on behalf of a state or
territory or by an agency or instrumentality thereof, if the
interest or distributions therefrom are expected to be exempt
from federal income tax. The portfolio may also include nonmunicipal securities exempt from federal tax to the extent the
investments are permitted by the 1940 Act, as well as variable
rate demand obligations ("VRDO's") held by financial
institutions.

Assuming the Fund's portfolio consists solely of assets exempt
from the annual intangible tax on the last business day of the
previous calendar year, you are requesting advice whether the
entire net asset value of a share of the investment securities

in the portfolio will be exempt from the annual intangible tax.

Secondly, you are inquiring whether the advisement would change
if any portion of the assets in the portfolio consisted of
investments subject to the annual tax on the last business day
of the previous calendar year.

Provision of the Law and Analysis

The portfolio of assets will be governed by federal and Florida
law. Obligations of the United States Government are exempt
from state taxes under 31 U.S.C. 3124(a). Under s.
199.185(1)(j), F.S., shares of an investment trust, whose
portfolio of assets is invested in assets that are exempt from
tax, are themselves exempt from tax.

Applying the federal statute and Florida statute to the
portfolio of assets requires that the following guidelines be
used to determine what portion, if any, of the net asset value
of the securities will be exempt from taxation.

The portion of the net asset value of the securities that is
attributed to direct obligations of the United States Government
is exempt from taxation.

If the entire remaining portion of the net asset value of the
securities, after removing the portion representing United
States Government obligations, represents assets which are
themselves exempt from Florida_s intangible tax, then this
remaining portion of the net assets of the securities in the
portfolio is also exempt from tax.

However, if any of the remaining portion of the net asset value
of the securities in the portfolio, after removing the portion
attributable to United State Government obligations, represents
any asset that is taxable under Florida law, then the entire
remaining portion of the net asset value of the securities is
subject to tax.

Conclusion

If on the last business day of the previous year the portfolio
of securities contains only securities exempt from the annual
intangible tax, shares of the Fund held by Florida residents
will be exempt from tax. However, if any portion of the
securities in the portfolio represents taxable securities on the
last business day of the previous year, tax will be due on the
total net asset value of each share not attributed to United
States Government obligations.

This response constitutes a Technical Assistance Advisement
under s. 213.22, F.S., which is binding on the Department only
under the facts and circumstances described in the request for
this advice as specified in s. 213.22, F.S. Our response is
predicated on those facts and the specific situation summarized
above. You are advised that subsequent statutory or
administrative rule changes or judicial interpretations of the
statutes or rules upon which this advice is based may subject
similar future transactions to a different treatment than
expressed in this response.

You are further advised that this response and your request are
public records under Chapter 119, F.S., which are subject to
disclosure to the public under the conditions of s. 213.22, F.S.
Your name, address, and any other details which might lead to
identification of the taxpayer must be deleted by the Department
before disclosure. In an effort to protect the confidentiality
of such information, we request you notify the undersigned in
writing within 15 days of any deletions you wish made to the
request or the response.

Sincerely,

George Turner
Senior Tax Specialist
Technical Assistance and Dispute Resolution
Office of General Counsel