Senate Bill sb1230c1

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    Florida Senate - 2006                           CS for SB 1230

    By the Committee on Commerce and Consumer Services; and
    Senator Margolis




    577-1805-06

  1                      A bill to be entitled

  2         An act relating to tax credits for certain

  3         taxpayer expenditures to promote employee

  4         fitness; creating s. 220.192, F.S.; providing a

  5         credit against the tax on corporate income for

  6         certain taxpayer expenditures relating to

  7         providing employee fitness facilities or

  8         supporting fitness-related activities by

  9         employees; defining terms; amending s. 220.02,

10         F.S.; providing the order in which credits

11         against the corporate income tax shall be

12         taken; amending s. 220.13, F.S.; adding the

13         amount taken as a credit under s. 220.192,

14         F.S., to adjusted federal income; creating s.

15         624.5108, F.S.; providing a credit against the

16         tax on insurers for employee fitness costs, as

17         defined in this act, which are incurred by an

18         insurer; amending s. 624.509, F.S.; providing

19         for the order of credits against the tax on

20         insurers; providing an effective date.

21  

22  Be It Enacted by the Legislature of the State of Florida:

23  

24         Section 1.  Section 220.192, Florida Statutes, is

25  created to read:

26         220.192  Employee fitness tax credits.--

27         (1)  AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.--

28         (a)  A taxpayer shall be allowed a credit against any

29  tax due for a taxable year under this chapter equal to 10

30  percent of the taxpayer's expenditures during the taxable year

31  for:

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    Florida Senate - 2006                           CS for SB 1230
    577-1805-06




 1         1.  The costs of equipping, operating, and maintaining

 2  a facility owned by the taxpayer, located on the taxpayer's

 3  premises, and used exclusively for the purpose of promoting

 4  the physical fitness of the taxpayer's employees in this

 5  state, including, but not limited to, a gymnasium, weight

 6  training room, aerobics workout space, swimming pool, running

 7  track, or any indoor or outdoor court, field, or other site

 8  used for competitive sports events or games;

 9         2.  The costs, to the extent not covered in

10  subparagraph 1., of equipping and providing any related

11  financial support for an amateur athletic team that engages in

12  vigorous athletic activity and is under the sponsorship of the

13  taxpayer, either alone or jointly with one or more other

14  employers, if the membership of the team consists entirely of

15  employees of the taxpayer in this state or the taxpayer and

16  another employer or employers with whom the taxpayer has

17  joined to provide employee fitness equipment and financial

18  support;

19         3.  The cost of subsidizing an employee's membership to

20  a health studio as defined by s. 501.0125; and

21         4.  Fifty percent of the cost of employing a qualified

22  person or organization to provide, on the taxpayer's business

23  premises in this state:

24         a.  Information and guidance on subjects relating to

25  personal and family health, such as nutrition, hygiene, and

26  methods of preventing, recognizing, and combating substance

27  abuse; or

28         b.  Instruction in and opportunity for fitness

29  enhancement activity, including, but not limited to, dance or

30  other aerobic exercise, yoga, muscle stretching, and martial

31  arts routines.

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    Florida Senate - 2006                           CS for SB 1230
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 1         (b)  Credits authorized under this section for any

 2  taxpayer may not exceed 50 percent of the tax due under this

 3  chapter for any taxable year.

 4         (c)  Credits authorized under this section for any

 5  taxpayer may not exceed $50 multiplied by the average of the

 6  number of full-time equivalent employees of the taxpayer in

 7  this state as of the last day of the 3rd, 6th, 9th, and 12th

 8  months of the taxable year.

 9         (d)  Two or more taxpayers may join together to

10  establish and operate an employee fitness facility, provide

11  employee fitness equipment and financial support, or provide

12  employee fitness instruction in accordance with this section.

13  The participating taxpayers may apportion the annual employee

14  fitness credits in any manner they consider appropriate, but a

15  jointly operated employee fitness facility established under

16  this section may not receive more than $50 multiplied by the

17  average of the number of full-time equivalent employees of the

18  participating taxpayers in this state as of the last day of

19  the 3rd, 6th, 9th, and 12th months of the taxable year.

20         (e)  A taxpayer, or two or more taxpayers acting

21  jointly, may employ a not-for-profit or for-profit corporation

22  to:

23         1.  Operate an employee fitness facility;

24         2.  Provide employee fitness equipment and financial

25  support; or

26         3.  Provide employee fitness instruction,

27  

28  on the taxpayers premises in this state.

29         (f)  If the credit granted under this section is not

30  fully used in any one year because of insufficient tax

31  liability on the part of the corporation, the unused amount

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    Florida Senate - 2006                           CS for SB 1230
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 1  may be carried forward for a period not to exceed 5 years. The

 2  carryover credit may be used in a subsequent year when the tax

 3  imposed by this chapter for that year exceeds the credit for

 4  which the corporation is eligible in that year under this

 5  section after applying the other credits and unused carryovers

 6  in the order provided by s. 220.02(8).

 7         (g)  A taxpayer that files a consolidated return in

 8  this state as a member of an affiliated group under s. 220.131

 9  may be allowed the credit on a consolidated return basis.

10         (h)  A taxpayer that is eligible to receive credit

11  under s. 624.5108 is ineligible to receive credit under this

12  section.

13         (i)  An expenditure by a taxpayer to provide any of the

14  employee fitness benefits described in paragraph (a) does not

15  qualify for a credit under this section unless the benefit is

16  extended equally to all full-time employees in this state.

17         (j)  Credits authorized under this section are not

18  available to any professional sports franchise or facility or

19  to any taxpayer whose primary business activity is operating a

20  fitness facility or providing any services eligible for

21  credits under this section.

22         (2)  ADMINISTRATION.--

23         (a)  The Department of Revenue shall adopt rules and

24  forms necessary to administer this section, including rules to

25  provide for cooperative arrangements between taxpayers and

26  not-for-profit or for-profit corporations.

27         (b)  Verification of payments to a not-for-profit or

28  for-profit corporation or to a person who provides health or

29  fitness instruction to a taxpayer's employees must be in

30  writing and must be retained by the taxpayer in support of the

31  credit claimed on the tax return.

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    Florida Senate - 2006                           CS for SB 1230
    577-1805-06




 1         (c)  Application for credit for payments made to

 2  construct or rehabilitate a facility used for the purpose of

 3  promoting the physical fitness of the taxpayer's employees in

 4  this state must be submitted to the department within 6 months

 5  after the local building inspector deems that the construction

 6  or rehabilitation of the facility is substantially completed.

 7  Application for credit for eligible expenditures pursuant to

 8  paragraph (1)(a) must be submitted to the department with the

 9  tax return on which the credit is claimed.

10         (d)  A business that files an amended return for a

11  taxable year may not receive any amount of credit or credit

12  carryforward pursuant to this section in excess of the amount

13  claimed by the business on its original return for the taxable

14  year. This subsection does not apply to increases in the

15  amount of credit claimed under this section on an amended

16  return due to the use of any credit amount previously carried

17  forward for the taxable year on the original return or any

18  eligible prior year under paragraph (1)(f).

19         (3)  EXPIRATION.--This section expires on December 31,

20  2016, except that paragraph (1)(f), which relates to carryover

21  credits, does not expire on that date.

22         (4)  DEFINITIONS.--As used in this section, the term:

23         (a)  "Amateur athletic team" means a team of persons

24  who engage in competitive athletic events for which no

25  monetary remuneration is provided, all of whom are employed by

26  the taxpayer or an employer with whom the taxpayer has joined

27  to provide employee fitness equipment and financial support.

28         (b)  "Qualified person" means a person certified by a

29  recognized national organization to provide the instruction

30  for which a tax credit is being sought.

31  

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    Florida Senate - 2006                           CS for SB 1230
    577-1805-06




 1         (c)  "Vigorous athletic activity" means exertion that

 2  makes a person sweat and breathe hard, such as basketball,

 3  soccer, running, swimming laps, fast bicycling, fast dancing,

 4  and similar aerobic activities.

 5         Section 2.  Subsection (8) of section 220.02, Florida

 6  Statutes, is amended to read:

 7         220.02  Legislative intent.--

 8         (8)  It is the intent of the Legislature that credits

 9  against either the corporate income tax or the franchise tax

10  be applied in the following order: those enumerated in s.

11  631.828, those enumerated in s. 220.191, those enumerated in

12  s. 220.181, those enumerated in s. 220.183, those enumerated

13  in s. 220.182, those enumerated in s. 220.1895, those

14  enumerated in s. 221.02, those enumerated in s. 220.184, those

15  enumerated in s. 220.186, those enumerated in s. 220.1845,

16  those enumerated in s. 220.19, those enumerated in s. 220.185,

17  and those enumerated in s. 220.187, and those enumerated in s.

18  220.192.

19         Section 3.  Paragraph (a) of subsection (1) of section

20  220.13, Florida Statutes, is amended to read:

21         220.13  "Adjusted federal income" defined.--

22         (1)  The term "adjusted federal income" means an amount

23  equal to the taxpayer's taxable income as defined in

24  subsection (2), or such taxable income of more than one

25  taxpayer as provided in s. 220.131, for the taxable year,

26  adjusted as follows:

27         (a)  Additions.--There shall be added to such taxable

28  income:

29         1.  The amount of any tax upon or measured by income,

30  excluding taxes based on gross receipts or revenues, paid or

31  accrued as a liability to the District of Columbia or any

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    Florida Senate - 2006                           CS for SB 1230
    577-1805-06




 1  state of the United States which is deductible from gross

 2  income in the computation of taxable income for the taxable

 3  year.

 4         2.  The amount of interest which is excluded from

 5  taxable income under s. 103(a) of the Internal Revenue Code or

 6  any other federal law, less the associated expenses disallowed

 7  in the computation of taxable income under s. 265 of the

 8  Internal Revenue Code or any other law, excluding 60 percent

 9  of any amounts included in alternative minimum taxable income,

10  as defined in s. 55(b)(2) of the Internal Revenue Code, if the

11  taxpayer pays tax under s. 220.11(3).

12         3.  In the case of a regulated investment company or

13  real estate investment trust, an amount equal to the excess of

14  the net long-term capital gain for the taxable year over the

15  amount of the capital gain dividends attributable to the

16  taxable year.

17         4.  That portion of the wages or salaries paid or

18  incurred for the taxable year which is equal to the amount of

19  the credit allowable for the taxable year under s. 220.181.

20  The provisions of this subparagraph shall expire and be void

21  on June 30, 2005.

22         5.  That portion of the ad valorem school taxes paid or

23  incurred for the taxable year which is equal to the amount of

24  the credit allowable for the taxable year under s. 220.182.

25  The provisions of this subparagraph shall expire and be void

26  on June 30, 2005.

27         6.  The amount of emergency excise tax paid or accrued

28  as a liability to this state under chapter 221 which tax is

29  deductible from gross income in the computation of taxable

30  income for the taxable year.

31  

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    Florida Senate - 2006                           CS for SB 1230
    577-1805-06




 1         7.  That portion of assessments to fund a guaranty

 2  association incurred for the taxable year which is equal to

 3  the amount of the credit allowable for the taxable year.

 4         8.  In the case of a nonprofit corporation which holds

 5  a pari-mutuel permit and which is exempt from federal income

 6  tax as a farmers' cooperative, an amount equal to the excess

 7  of the gross income attributable to the pari-mutuel operations

 8  over the attributable expenses for the taxable year.

 9         9.  The amount taken as a credit for the taxable year

10  under s. 220.1895.

11         10.  Up to nine percent of the eligible basis of any

12  designated project which is equal to the credit allowable for

13  the taxable year under s. 220.185.

14         11.  The amount taken as a credit for the taxable year

15  under s. 220.187.

16         12.  The amount taken as a credit under s. 220.192.

17         Section 4.  Section 624.5108, Florida Statutes, is

18  created to read:

19         624.5108  Employee fitness tax credits; definitions;

20  authorization; limitations; eligibility and application

21  requirements; administration; expiration.--

22         (1)  DEFINITIONS.--As used in this section, the term:

23         (a)  "Amateur athletic team" means a team of persons

24  who engage in competitive athletic events for which no

25  monetary remuneration is provided, all of whom are employed by

26  the taxpayer or an employer with whom the taxpayer has joined

27  to provide employee fitness equipment and financial support.

28         (b)  "Department" means the Department of Revenue.

29         (c)  "Employee fitness costs" means:

30         1.  The costs of equipping, operating, and maintaining

31  a facility owned by the taxpayer, located on the taxpayer's

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    Florida Senate - 2006                           CS for SB 1230
    577-1805-06




 1  premises, and used exclusively for the purpose of promoting

 2  the physical fitness of the taxpayer's employees in this

 3  state, including, but not limited to, a gymnasium, weight

 4  training room, aerobics workout space, swimming pool, running

 5  track, or any indoor or outdoor court, field, or other site

 6  used for competitive sports events or games;

 7         2.  The costs, to the extent not covered in

 8  subparagraph 1., of equipping and providing any related

 9  financial support for an amateur athletic team that engages in

10  vigorous athletic activity under the sponsorship of the

11  taxpayer, either alone or jointly with one or more other

12  employers, if the membership of the team consists entirely of

13  employees of the taxpayer in this state or the taxpayer and

14  another employer or employers, as appropriate; and

15         3.  Fifty percent of the cost of employing a qualified

16  person or organization to provide, on the taxpayer's business

17  premises in this state:

18         a.  Information and guidance on subjects relating to

19  personal and family health, such as nutrition, hygiene, and

20  methods of preventing, recognizing, and combating substance

21  abuse; or

22         b.  Instruction in and opportunity for fitness

23  enhancement activity, including, but not limited to, dance or

24  other aerobic exercise, yoga, muscle stretching, and martial

25  arts routines.

26         (d)  "Qualified person" means a person certified by a

27  recognized national organization to provide the instruction

28  for which a tax credit is being sought.

29         (e)  "Vigorous athletic activity" means exertion that

30  makes a person sweat and breathe hard, such as basketball,

31  

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    Florida Senate - 2006                           CS for SB 1230
    577-1805-06




 1  soccer, running, swimming laps, fast bicycling, fast dancing,

 2  and similar aerobic activities.

 3         (2)  AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.--

 4         (a)  A credit of 10 percent of employee fitness costs

 5  incurred by an insurer during the taxable year is allowed

 6  against any tax due for a taxable year under ss. 624.509 and

 7  624.510.

 8         (b)  Credits authorized under this section for any

 9  taxpayer may not exceed 50 percent of the tax due under this

10  chapter for any taxable year.

11         (c)  Credits authorized under this section for any

12  taxpayer may not exceed $50 multiplied by the average of the

13  number of full-time equivalent employees of the insurer in

14  this state as of the last day of the 3rd, 6th, 9th, and 12th

15  months of the taxable year.

16         (d)  Two or more taxpayers may join together to

17  establish and operate an employee fitness facility, provide

18  employee fitness equipment and financial support, or provide

19  employee fitness instruction in accordance with this section.

20  The participating taxpayers may apportion the annual employee

21  fitness credits in any manner they consider appropriate, but a

22  jointly operated employee fitness facility established under

23  this section may not receive more than $50 multiplied by the

24  average of the number of full-time equivalent employees of the

25  participating taxpayers in this state as of the last day of

26  the 3rd, 6th, 9th, and 12th months of the taxable year.

27         (e)  A taxpayer, or two or more taxpayers acting

28  jointly, may employ a not-for-profit or for-profit corporation

29  to:

30         1.  Operate an employee fitness facility;

31  

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    Florida Senate - 2006                           CS for SB 1230
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 1         2.  Provide employee fitness equipment and financial

 2  support; or

 3         3.  Provide employee fitness instruction,

 4  

 5  on the taxpayers premises in this state.

 6         (f)  If the credit granted under this section is not

 7  fully used in any one year because of insufficient tax

 8  liability on the part of the insurer, the unused amount may be

 9  carried forward for a period not to exceed 5 years. The

10  carryover credit may be used in a subsequent year when the tax

11  imposed by ss. 624.509 and 624.510 for that year exceeds the

12  credit for which the insurer is eligible in that year under

13  this section.

14         (3)  An expenditure by an insurer to provide any of the

15  employee fitness benefits described in paragraph (1)(a) does

16  not qualify for a credit under this section unless the benefit

17  is extended equally to all full-time employees in this state.

18         (4)  ADMINISTRATION.--

19         (a)  The Department of Revenue shall adopt rules and

20  forms necessary to administer this section, including rules to

21  provide for cooperative arrangements between taxpayers and

22  not-for-profit or for-profit corporations.

23         (b)  Verification of payments to a not-for-profit or

24  for-profit corporation or to a person who provides health or

25  fitness instruction to a taxpayer's employees must be in

26  writing and must be retained by the taxpayer in support of the

27  credit claimed on the tax return.

28         (c)  Application for credit for payments made to

29  construct or rehabilitate a facility used for the purpose of

30  promoting the physical fitness of a taxpayer's employees in

31  this state must be submitted to the department within 6 months

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    Florida Senate - 2006                           CS for SB 1230
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 1  after the construction or rehabilitation of the facility is

 2  deemed to be substantially completed by the local building

 3  code inspector. Application for credit for eligible

 4  expenditures pursuant to paragraph (2)(a) must be submitted to

 5  the department with the tax return on which the credit is

 6  claimed.

 7         (d)  An insurer that files an amended return for a

 8  taxable year is not allowed any amount of credit or credit

 9  carryforward pursuant to this section in excess of the amount

10  claimed by such insurer on its original return for the taxable

11  year. The provisions of this subsection do not apply to

12  increases in the amount of credit claimed under this section

13  on an amended return due to the use of any credit amount

14  previously carried forward for the taxable year on the

15  original return or any eligible prior year under paragraph

16  (2)(f).

17         (5)  EXPIRATION.--This section expires on December 31,

18  2016, except that paragraph (2)(d), which relates to carryover

19  credits, does not expire on that date.

20         Section 5.  Subsection (7) of section 624.509, Florida

21  Statutes, is amended to read:

22         624.509  Premium tax; rate and computation.--

23         (7)  Credits and deductions against the tax imposed by

24  this section shall be taken in the following order: deductions

25  for assessments made pursuant to s. 440.51; credits for taxes

26  paid under ss. 175.101 and 185.08; credits for income taxes

27  paid under chapter 220, the emergency excise tax paid under

28  chapter 221, and the credit allowed under subsection (5), as

29  these credits are limited by subsection (6); employee fitness

30  tax credits authorized under s. 624.5108; and all other

31  available credits and deductions.

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    Florida Senate - 2006                           CS for SB 1230
    577-1805-06




 1         Section 6.  This act shall take effect January 1, 2007,

 2  and shall apply to tax years beginning on or after that date.

 3  

 4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 5                         Senate Bill 1230

 6                                 

 7  The committee substitute differs from the bill in the
    following ways: it provides that a business may also receive a
 8  tax credit equal to 10 percent of the costs of subsidizing an
    employee's membership to a health studio; and it allows
 9  businesses to employ a for-profit corporation, in addition to
    a not--for-profit corporation, to provide employee fitness
10  facilities or activities.

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