Florida Senate - 2008 SB 2766

By Senator Deutch

30-03819A-08 20082766__

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A bill to be entitled

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An act relating to the corporate income tax; providing

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legislative findings and intent; amending s. 220.03, F.S.;

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revising definitions; providing additional definitions;

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amending s. 220.13, F.S.; revising the definition of the

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term "adjusted federal income"; prohibiting certain

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deductibles for certain water's edge group members;

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providing an additional subtraction from adjusted federal

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income; creating s. 220.136, F.S.; defining the term

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"water's edge group reporting method"; requiring water's

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edge group members to use a certain group income reporting

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method; providing methodology requirements; providing

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return filing requirements; requiring domestic disclosure

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spreadsheet filing requirements; providing a definition;

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authorizing the Department of Revenue to adopt rules and

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forms; amending ss. 220.14, 220.15, 220.183, 220.1845,

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220.187, 220.19, 220.191, 220.192, 220.193, 220.51, and

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220.64, F.S.; replacing or deleting provisions relating to

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consolidated returns for affiliated groups to conform to

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water's edge group requirements; amending s. 376.30781,

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F.S.; conforming a cross-reference; providing for

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transitional rules; repealing s. 220.131, F.S., relating

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to consolidated returns for affiliated groups; providing

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appropriations; providing an effective date.

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

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     Section 1. Legislative finding; intent.--The Legislature

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finds that a separate accounting system for corporations is

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sometimes inadequate to accurately measure the income of

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multinational and multistate corporations doing business in this

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state and this may create tax disadvantages for corporations in

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this state in competition with those multinational and multistate

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corporations. Corporate business is increasingly conducted

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through groups of commonly owned corporations, it is the intent

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of the Legislature to adopt a combined system of income tax

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reporting for corporations to more accurately measure the

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business activities of corporations.

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     Section 2.  Paragraphs (y) and (z) of subsection (1) of

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section 220.03, Florida Statutes, are amended, and paragraphs

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(gg) and (hh) are added to that subsection, to read:

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     220.03  Definitions.--

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     (1)  SPECIFIC TERMS.--When used in this code, and when not

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otherwise distinctly expressed or manifestly incompatible with

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the intent thereof, the following terms shall have the following

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meanings:

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     (y) "Taxable year" or "tax year" means the calendar or

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fiscal year upon the basis of which net income is computed under

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this code, including, in the case of a return made for a

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fractional part of a year, the period for which such return is

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made.

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     (z)  "Taxpayer" means any corporation subject to the tax

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imposed by this code, and includes all corporations that are

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members of a water's edge group for which a consolidated return

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is filed under s. 220.131. However, "taxpayer" does not include a

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corporation having no individuals (including individuals employed

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by an affiliate) receiving compensation in this state as defined

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in s. 220.15 when the only property owned or leased by said

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corporation (including an affiliate) in this state is located at

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the premises of a printer with which it has contracted for

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printing, if such property consists of the final printed product,

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property which becomes a part of the final printed product, or

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property from which the printed product is produced.

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     (gg) "Tax haven" means a jurisdiction that, for a

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particular tax year in question, is identified by the

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Organization for Economic Co-operation and Development as a tax

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haven or as having a harmful preferential tax regime or a

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jurisdiction that has no, or a nominal, effective tax on relevant

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income and:

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     1. Has laws or practices that prevent effective exchange of

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information for tax purposes with other governments regarding

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taxpayers subject to, or benefiting from, the tax regime;

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     2. Lacks transparency. For purposes of this subparagraph, a

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tax regime lacks transparency if the details of legislative,

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legal, or administrative provisions are not open to public

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scrutiny and apparent, or are not consistently applied among

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similarly situated taxpayers;

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     3. Facilitates the establishment of foreign-owned entities

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without the need for a local substantive presence or prohibits

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these entities from having any commercial impact on the local

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economy;

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     4. Explicitly or implicitly excludes the jurisdiction's

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resident taxpayers from taking advantage of the tax regime's

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benefits or prohibits enterprises that benefit from the regime

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from operating in the jurisdiction's domestic market; or

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     5. Has created a tax regime which is favorable for tax

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avoidance, based upon an overall assessment of relevant factors,

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including, but not limited to, whether the jurisdiction has a

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significant untaxed offshore financial or other services sector

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relative to its overall economy.

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For purposes of this paragraph, the term "tax regime" means a set

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or system of rules, laws, regulations, or practices by which

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taxes are imposed on any person, corporation, or entity or on any

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income, property, incident, indicia, or activity pursuant to

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governmental authority.

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     (hh) "Water's edge group" means a group of corporations

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related through common ownership the business activities of which

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are integrated with, dependent upon, or contribute to a flow of

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value among members of the group. When 50 percent or more of the

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outstanding voting stock of a corporation is under direct or

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indirect ownership or control of such a group, the corporation

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shall be considered to be part of a water's edge group. A

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corporation shall be considered unitary unless clearly shown by

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the facts and circumstances of the individual case to not be a

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member of a water's edge group. When direct or indirect ownership

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or control is less than 50 percent of the outstanding voting

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stock, all elements of the business activities shall be

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considered in determining whether a corporation qualifies as a

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member of a water's edge group. A water's edge group shall not

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include the income of any corporation which conducts business

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outside the United States if 80 percent or more of the

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corporation's property and payroll, as determined by the

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apportionment factors described in ss. 220.15 and 220.151, is

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assignable to locations outside the United States. In determining

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whether voting stock is owned indirectly, the attribution rules

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of s. 318 of the Internal Revenue Code of 1986, as amended, shall

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be used. For purposes of this paragraph, the term "United States"

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is restricted to the states of the United States, the District of

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Columbia, and the Commonwealth of Puerto Rico. All income of a

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water's edge group is presumed to be apportionable business

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income. A taxpayer has the burden of proof regarding the issue of

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whether or not a corporation is a member of a water's edge group

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and whether or not such income is apportionable business income.

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     Section 3.  Subsection (1) of section 220.13, Florida

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Statutes, is amended to read:

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     220.13  "Adjusted federal income" defined.--

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

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

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(2), or such taxable income of more than one taxpayer as provided

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in s. 220.136 220.131, for the taxable year, adjusted as follows:

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

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income:

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

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excluding taxes based on gross receipts or revenues, paid or

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

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of the United States which is deductible from gross income in the

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computation of taxable income for the taxable year.

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     2.  The amount of interest which is excluded from taxable

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income under s. 103(a) of the Internal Revenue Code or any other

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federal law, less the associated expenses disallowed in the

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computation of taxable income under s. 265 of the Internal

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Revenue Code or any other law, excluding 60 percent of any

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amounts included in alternative minimum taxable income, as

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

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taxpayer pays tax under s. 220.11(3).

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

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estate investment trust, an amount equal to the excess of the net

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long-term capital gain for the taxable year over the amount of

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the capital gain dividends attributable to the taxable year.

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

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for the taxable year which is equal to the amount of the credit

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allowable for the taxable year under s. 220.181. This

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subparagraph shall expire on the date specified in s. 290.016 for

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the expiration of the Florida Enterprise Zone Act.

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

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

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

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subparagraph shall expire on the date specified in s. 290.016 for

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the expiration of the Florida Enterprise Zone Act.

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     6.  The amount of emergency excise tax paid or accrued as a

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liability to this state under chapter 221 which tax is deductible

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from gross income in the computation of taxable income for the

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taxable year.

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     7.  That portion of assessments to fund a guaranty

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association incurred for the taxable year which is equal to the

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amount of the credit allowable for the taxable year.

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

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pari-mutuel permit and which is exempt from federal income tax as

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a farmers' cooperative, an amount equal to the excess of the

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gross income attributable to the pari-mutuel operations over the

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attributable expenses for the taxable year.

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

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s. 220.1895.

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

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designated project which is equal to the credit allowable for the

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taxable year under s. 220.185.

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

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s. 220.187.

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     12.  The amount taken as a credit for the taxable year under

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s. 220.192.

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     13.  The amount taken as a credit for the taxable year under

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s. 220.193.

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     (b)  Subtractions.--

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     1.  There shall be subtracted from such taxable income:

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     a.  The net operating loss deduction allowable for federal

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income tax purposes under s. 172 of the Internal Revenue Code for

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the taxable year,

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     b.  The net capital loss allowable for federal income tax

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purposes under s. 1212 of the Internal Revenue Code for the

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taxable year,

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     c.  The excess charitable contribution deduction allowable

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for federal income tax purposes under s. 170(d)(2) of the

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Internal Revenue Code for the taxable year, and

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     d.  The excess contributions deductions allowable for

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federal income tax purposes under s. 404 of the Internal Revenue

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Code for the taxable year.

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However, a net operating loss and a capital loss shall never be

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carried back as a deduction to a prior taxable year, but all

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deductions attributable to such losses shall be deemed net

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operating loss carryovers and capital loss carryovers,

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respectively, and treated in the same manner, to the same extent,

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and for the same time periods as are prescribed for such

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carryovers in ss. 172 and 1212, respectively, of the Internal

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Revenue Code. A deductible may not be allowed for net operating

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losses, net capital losses, or excess contribution deductions

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under ss. 170(d)(2), 172, 1212, and 404 of the Internal Revenue

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Code of 1986, as amended, for a member of a water's edge group

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that is not a United States member.

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     2.  There shall be subtracted from such taxable income any

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amount to the extent included therein the following:

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     a.  Dividends treated as received from sources without the

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United States, as determined under s. 862 of the Internal Revenue

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Code.

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     b.  All amounts included in taxable income under s. 78 or s.

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951 of the Internal Revenue Code.

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However, as to any amount subtracted under this subparagraph,

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there shall be added to such taxable income all expenses deducted

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on the taxpayer's return for the taxable year which are

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attributable, directly or indirectly, to such subtracted amount.

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Further, no amount shall be subtracted with respect to dividends

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paid or deemed paid by a Domestic International Sales

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Corporation.

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     3.  In computing "adjusted federal income" for taxable years

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beginning after December 31, 1976, there shall be allowed as a

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deduction the amount of wages and salaries paid or incurred

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within this state for the taxable year for which no deduction is

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allowed pursuant to s. 280C(a) of the Internal Revenue Code

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(relating to credit for employment of certain new employees).

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     4.  There shall be subtracted from such taxable income any

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amount of nonbusiness income included therein.

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     5.  There shall be subtracted any amount of taxes of foreign

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countries allowable as credits for taxable years beginning on or

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after September 1, 1985, under s. 901 of the Internal Revenue

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Code to any corporation which derived less than 20 percent of its

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gross income or loss for its taxable year ended in 1984 from

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sources within the United States, as described in s. 861(a)(2)(A)

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of the Internal Revenue Code, not including credits allowed under

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ss. 902 and 960 of the Internal Revenue Code, withholding taxes

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on dividends within the meaning of sub-subparagraph 2.a., and

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withholding taxes on royalties, interest, technical service fees,

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and capital gains.

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     6. There shall be subtracted from such taxable income, to

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the extent included in such taxable income, amounts received by a

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member of a water's edge group that was a dividend paid by

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another member of the same water's edge group.

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     7.6. Notwithstanding any other provision of this code,

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except with respect to amounts subtracted pursuant to

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subparagraphs 1. and 3., any increment of any apportionment

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factor which is directly related to an increment of gross

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receipts or income which is deducted, subtracted, or otherwise

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excluded in determining adjusted federal income shall be excluded

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from both the numerator and denominator of such apportionment

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factor. Further, all valuations made for apportionment factor

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purposes shall be made on a basis consistent with the taxpayer's

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method of accounting for federal income tax purposes.

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     (c)  Installment sales occurring after October 19, 1980.--

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     1.  In the case of any disposition made after October 19,

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1980, the income from an installment sale shall be taken into

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account for the purposes of this code in the same manner that

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such income is taken into account for federal income tax

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purposes.

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     2.  Any taxpayer who regularly sells or otherwise disposes

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of personal property on the installment plan and reports the

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income therefrom on the installment method for federal income tax

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purposes under s. 453(a) of the Internal Revenue Code shall

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report such income in the same manner under this code.

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     (d)  Nonallowable deductions.--A deduction for net operating

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losses, net capital losses, or excess contributions deductions

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under ss. 170(d)(2), 172, 1212, and 404 of the Internal Revenue

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Code which has been allowed in a prior taxable year for Florida

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tax purposes shall not be allowed for Florida tax purposes,

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notwithstanding the fact that such deduction has not been fully

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utilized for federal tax purposes.

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     Section 4.  Section 220.136, Florida Statutes, is created to

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read:

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     220.136 Water's edge groups; special reporting

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requirements.--

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     (1) For purposes of this section, the term "water's edge

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group reporting method" means the determination of taxable

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business profits for a group of entities conducting a unitary

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business by adding combined net income and the additions and

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deductions provided in s. 220.13 for members of the group and

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apportioning the results as provided in ss. 220.15 and 220.151.

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     (2) All members of a water's edge group shall use the

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water's edge group reporting method. Under the water's edge group

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reporting method:

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     (a) Adjusted federal income for purposes of s. 220.12 means

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the sum of adjusted federal income for all members of the group

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determined for a concurrent taxable year.

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     (b) The denominators of the apportionment factors shall be

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calculated for all members of the water's edge group combined.

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     (c) The statutory apportionment formula shall be used for

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all members of the water's edge group, unless an alternate method

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is determined to be more appropriate by the department.

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     (d) Intercompany sales transactions made between members of

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the water's edge group shall be eliminated in the computation of

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the sales factor pursuant to ss. 220.15 and 220.151. As used in

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this subsection, the term "sales" includes, but is not limited

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to, loans, payments for the use of intangibles, dividends, and

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management fees.

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     (e) Each taxpayer shall apportion adjusted federal income

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under s. 220.15 as a member of a water's edge group that files a

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water's edge group return under this section based upon the

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apportionment factors described in s. 220.15. For purposes of

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this subsection, each special industry member included in a

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water's edge group filing a water's edge group return under this

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section, which would otherwise be permitted to use a special

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method of apportionment under s. 220.151, shall construct the

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numerator of its sales, property, and payroll factors,

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respectively, by multiplying the denominator of each such factor

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by the premiums or revenue miles factor ratio otherwise

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applicable pursuant to s. 220.151 in the manner prescribed by the

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department by rule.

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     (f) For purposes of this subsection, each special industry

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member included in a water's edge group return, which member

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would otherwise be permitted to use a special method of

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apportionment under s. 220.151, shall construct the numerator of

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its sales, property, and payroll factors, respectively, by

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multiplying the denominator of each such factor by the premiums

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or revenue miles factor ratio otherwise applicable pursuant to s.

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220.151 in the manner prescribed by the department by rule.

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     (g) The income attributable to the activities in this state

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of a corporation exempt from taxation because of Pub. L. No. 86-

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272 is excluded from the sales factor numerator on a water's edge

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group filing a combined water's edge group return even though an

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affiliated corporation may have nexus with this state and is

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subject to tax in this state.

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     (3)(a) The single water's edge group return must be filed

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in the name and with the federal employer identification number

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of the parent corporation if the parent is a member of a water's

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edge group and has nexus with this state. If there is no parent

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corporation, if the parent is not a water's edge group member, or

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if the parent does not have nexus with this state, the members of

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the water's edge group shall choose a Florida taxpayer member to

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file the return. After such a filing member has been selected,

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such member must remain the same in subsequent years unless an

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ownership change occurs or the filing member no longer has nexus

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with this state. The return must be signed by a responsible

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officer of the filing member as the agent of all members of the

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water's edge group subject to tax by this state.

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     (b) If the taxable years of the members of the water's edge

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group differ, the filing member's taxable year must be used to

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determine the net income for this state of the water's edge

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group. If the precise amount of a water's edge group member's

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income can be readily determined from the books for the months

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involved in the filing member's taxable year, those actual

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amounts shall be used. In the absence of such a precise

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determination, the income of a water's edge group member must be

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converted to conform to the taxable year of the filing member on

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the basis of the number of months falling within the applicable

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taxable year. This method may be used only if the return can be

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timely filed after the member's taxable year ends. As an

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alternative, the water's edge group may include in its taxable

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income all of the taxable income of a group member whose taxable

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year ends within the taxable year of the water's edge group. Once

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one of these methods is used for a water's edge group member,

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that member must continue to use that method for succeeding years

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for as long as the corporation remains a member of the water's

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edge group. After the combined taxable income of the water's edge

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group is determined based upon the filing member's taxable year,

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the apportionment factor must be computed on the basis of the

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same taxable year.

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     (4) A water's edge group shall file a domestic disclosure

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spreadsheet in the manner and form prescribed by rule by the

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department. The term "domestic disclosure spreadsheet" means a

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spreadsheet that fully discloses the income reported to each

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state, the state tax liability, the method used for apportioning

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or allocating income to the various states, and other information

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provided for by rule as may be necessary to determine the proper

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amount of tax due to each state and to identify the water's edge

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group.

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     (5) The department may adopt rules and forms by rule as may

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be necessary or appropriate to administer and implement this

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section. It is the intent of the Legislature, by this section, to

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grant the department extensive authority to adopt rules and forms

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describing and defining principles for determining the existence

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of a water's edge group business, definitions of common control,

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and methods of reporting and related forms, principles, and

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definitions.

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     Section 5.  Subsection (3) of section 220.14, Florida

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Statutes, is amended to read:

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     220.14  Exemption.--

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     (3)  Only one exemption shall be allowed to taxpayers filing

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a combined water's edge group consolidated return under this

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code.

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     Section 6.  Paragraph (c) of subsection (5) of section

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220.15, Florida Statutes, is amended to read:

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     220.15  Apportionment of adjusted federal income.--

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     (5)  The sales factor is a fraction the numerator of which

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is the total sales of the taxpayer in this state during the

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taxable year or period and the denominator of which is the total

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sales of the taxpayer everywhere during the taxable year or

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period.

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     (c)  Sales of a financial organization, including, but not

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limited to, banking and savings institutions, investment

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companies, real estate investment trusts, and brokerage

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companies, occur in this state if derived from:

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     1.  Fees, commissions, or other compensation for financial

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services rendered within this state;

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     2.  Gross profits from trading in stocks, bonds, or other

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securities managed within this state;

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     3.  Interest received within this state, other than interest

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from loans secured by mortgages, deeds of trust, or other liens

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upon real or tangible personal property located without this

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state, and dividends received within this state;

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     4.  Interest charged to customers at places of business

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maintained within this state for carrying debit balances of

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margin accounts, without deduction of any costs incurred in

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carrying such accounts;

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     5.  Interest, fees, commissions, or other charges or gains

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from loans secured by mortgages, deeds of trust, or other liens

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upon real or tangible personal property located in this state or

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from installment sale agreements originally executed by a

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taxpayer or the taxpayer's agent to sell real or tangible

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personal property located in this state;

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     6.  Rents from real or tangible personal property located in

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this state; or

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     7.  Any other gross income, including other interest,

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resulting from the operation as a financial organization within

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this state.

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In computing the amounts under this paragraph, any amount

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received by a member of an affiliated group (determined under s.

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1504(a) of the Internal Revenue Code, but without reference to

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whether any such corporation is an "includable corporation" under

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s. 1504(b) of the Internal Revenue Code) from another member of

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such group shall be included only to the extent such amount

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exceeds expenses of the recipient directly related thereto.

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     Section 7.  Paragraphs (f) and (g) of subsection (1) of

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section 220.183, Florida Statutes, are amended to read:

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     220.183  Community contribution tax credit.--

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     (1)  AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX

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CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM

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SPENDING.--

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     (f) A taxpayer who files a Florida consolidated return as a

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member of an affiliated group pursuant to s. 220.131(1) may be

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allowed the credit on a consolidated return basis.

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     (f)(g) A taxpayer who is eligible to receive the credit

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provided for in s. 624.5105 is not eligible to receive the credit

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provided by this section.

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     Section 8.  Subsection (1) of section 220.1845, Florida

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Statutes, is amended to read:

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     220.1845  Contaminated site rehabilitation tax credit.--

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     (1)  AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--

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     (a)  A credit in the amount of 50 percent of the costs of

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voluntary cleanup activity that is integral to site

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rehabilitation at the following sites is available against any

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tax due for a taxable year under this chapter:

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     1.  A drycleaning-solvent-contaminated site eligible for

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state-funded site rehabilitation under s. 376.3078(3);

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     2.  A drycleaning-solvent-contaminated site at which cleanup

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is undertaken by the real property owner pursuant to s.

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376.3078(11), if the real property owner is not also, and has

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never been, the owner or operator of the drycleaning facility

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where the contamination exists; or

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     3.  A brownfield site in a designated brownfield area under

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s. 376.80.

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     (b)  A tax credit applicant, or multiple tax credit

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applicants working jointly to clean up a single site, may not be

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granted more than $500,000 per year in tax credits for each site

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voluntarily rehabilitated. Multiple tax credit applicants shall

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be granted tax credits in the same proportion as their

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contribution to payment of cleanup costs. Subject to the same

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conditions and limitations as provided in this section, a

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municipality, county, or other tax credit applicant which

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voluntarily rehabilitates a site may receive not more than

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$500,000 per year in tax credits which it can subsequently

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transfer subject to the provisions in paragraph (f) (g).

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     (c)  If the credit granted under this section is not fully

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used in any one year because of insufficient tax liability on the

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part of the corporation, the unused amount may be carried forward

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for a period not to exceed 5 years. The carryover credit may be

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used in a subsequent year when the tax imposed by this chapter

477

for that year exceeds the credit for which the corporation is

478

eligible in that year under this section after applying the other

479

credits and unused carryovers in the order provided by s.

480

220.02(8). Five years after the date a credit is granted under

481

this section, such credit expires and may not be used. However,

482

if during the 5-year period the credit is transferred, in whole

483

or in part, pursuant to paragraph (f) (g), each transferee has 5

484

years after the date of transfer to use its credit.

485

     (d) A taxpayer that files a consolidated return in this

486

state as a member of an affiliated group under s. 220.131(1) may

487

be allowed the credit on a consolidated return basis up to the

488

amount of tax imposed upon the consolidated group.

489

     (d)(e) A tax credit applicant that receives state-funded

490

site rehabilitation under s. 376.3078(3) for rehabilitation of a

491

drycleaning-solvent-contaminated site is ineligible to receive

492

credit under this section for costs incurred by the tax credit

493

applicant in conjunction with the rehabilitation of that site

494

during the same time period that state-administered site

495

rehabilitation was underway.

496

     (e)(f) The total amount of the tax credits which may be

497

granted under this section is $2 million annually.

498

     (f)(g)1. Tax credits that may be available under this

499

section to an entity eligible under s. 376.30781 may be

500

transferred after a merger or acquisition to the surviving or

501

acquiring entity and used in the same manner and with the same

502

limitations.

503

     2.  The entity or its surviving or acquiring entity as

504

described in subparagraph 1., may transfer any unused credit in

505

whole or in units of no less than 25 percent of the remaining

506

credit. The entity acquiring such credit may use it in the same

507

manner and with the same limitation as described in this section.

508

Such transferred credits may not be transferred again although

509

they may succeed to a surviving or acquiring entity subject to

510

the same conditions and limitations as described in this section.

511

     3.  In the event the credit provided for under this section

512

is reduced either as a result of a determination by the

513

Department of Environmental Protection or an examination or audit

514

by the Department of Revenue, such tax deficiency shall be

515

recovered from the first entity, or the surviving or acquiring

516

entity, to have claimed such credit up to the amount of credit

517

taken. Any subsequent deficiencies shall be assessed against any

518

entity acquiring and claiming such credit, or in the case of

519

multiple succeeding entities in the order of credit succession.

520

     (g)(h) In order to encourage completion of site

521

rehabilitation at contaminated sites being voluntarily cleaned up

522

and eligible for a tax credit under this section, the tax credit

523

applicant may claim an additional 25 percent of the total cleanup

524

costs, not to exceed $500,000, in the final year of cleanup as

525

evidenced by the Department of Environmental Protection issuing a

526

"No Further Action" order for that site.

527

     Section 9.  Paragraphs (c) and (d) of subsection (5) of

528

section 220.187, Florida Statutes, are amended to read:

529

     220.187  Credits for contributions to nonprofit scholarship-

530

funding organizations.--

531

     (5)  AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX CREDITS;

532

LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.--

533

     (c) A taxpayer who files a Florida consolidated return as a

534

member of an affiliated group pursuant to s. 220.131(1) may be

535

allowed the credit on a consolidated return basis; however, the

536

total credit taken by the affiliated group is subject to the

537

limitation established under paragraph (a).

538

     (c)(d) Effective for tax years beginning January 1, 2006, a

539

taxpayer may rescind all or part of its allocated tax credit

540

under this section. The amount rescinded shall become available

541

for purposes of the cap for that state fiscal year under this

542

section to an eligible taxpayer as approved by the department if

543

the taxpayer receives notice from the department that the

544

rescindment has been accepted by the department and the taxpayer

545

has not previously rescinded any or all of its tax credit

546

allocation under this section more than once in the previous 3

547

tax years. Any amount rescinded under this paragraph shall become

548

available to an eligible taxpayer on a first-come, first-served

549

basis based on tax credit applications received after the date

550

the rescindment is accepted by the department.

551

     Section 10.  Paragraphs (g) and (h) of subsection (1) of

552

section 220.19, Florida Statutes, are amended to read:

553

     220.19  Child care tax credits.--

554

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

555

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

556

state as a member of an affiliated group under s. 220.131(1) may

557

be allowed the credit on a consolidated return basis.

558

     (g)(h) A taxpayer that is eligible to receive credit under

559

s. 624.5107 is ineligible to receive credit under this section.

560

     Section 11.  Paragraph (c) of subsection (3) of section

561

220.191, Florida Statutes, is amended to read:

562

     220.191  Capital investment tax credit.--

563

     (3)

564

     (c)  The credit granted under this subsection may be used in

565

whole or in part by the qualifying business or any corporation

566

that is either a member of that qualifying business's affiliated

567

group of corporations, is a related entity taxable as a

568

cooperative under subchapter T of the Internal Revenue Code, or,

569

if the qualifying business is an entity taxable as a cooperative

570

under subchapter T of the Internal Revenue Code, is related to

571

the qualifying business. Any entity related to the qualifying

572

business may continue to file as a member of a Florida-nexus

573

consolidated group pursuant to a prior election made under s.

574

220.131(1), Florida Statutes (1985), even if the parent of the

575

group changes due to a direct or indirect acquisition of the

576

former common parent of the group. Any credit can be used by any

577

of the affiliated companies or related entities referenced in

578

this paragraph to the same extent as it could have been used by

579

the qualifying business. However, any such use shall not operate

580

to increase the amount of the credit or extend the period within

581

which the credit must be used.

582

     Section 12.  Subsection (2) of section 220.192, Florida

583

Statutes, is amended to read:

584

     220.192  Renewable energy technologies investment tax

585

credit.--

586

     (2)  TAX CREDIT.--For tax years beginning on or after

587

January 1, 2007, a credit against the tax imposed by this chapter

588

shall be granted in an amount equal to the eligible costs.

589

Credits may be used in tax years beginning January 1, 2007, and

590

ending December 31, 2010, after which the credit shall expire. If

591

the credit is not fully used in any one tax year because of

592

insufficient tax liability on the part of the corporation, the

593

unused amount may be carried forward and used in tax years

594

beginning January 1, 2007, and ending December 31, 2012, after

595

which the credit carryover expires and may not be used. A

596

taxpayer that files a consolidated return in this state as a

597

member of an affiliated group under s. 220.131(1) may be allowed

598

the credit on a consolidated return basis up to the amount of tax

599

imposed upon the consolidated group. Any eligible cost for which

600

a credit is claimed and which is deducted or otherwise reduces

601

federal taxable income shall be added back in computing adjusted

602

federal income under s. 220.13.

603

     Section 13.  Paragraphs (e), (f), (g), (h), and (i) of

604

subsection (3) of section 220.193, Florida Statutes, are amended

605

to read:

606

     220.193  Florida renewable energy production credit.--

607

     (3)  An annual credit against the tax imposed by this

608

section shall be allowed to a taxpayer, based on the taxpayer's

609

production and sale of electricity from a new or expanded Florida

610

renewable energy facility. For a new facility, the credit shall

611

be based on the taxpayer's sale of the facility's entire

612

electrical production. For an expanded facility, the credit shall

613

be based on the increases in the facility's electrical production

614

that are achieved after May 1, 2006.

615

     (e) A taxpayer that files a consolidated return in this

616

state as a member of an affiliated group under s. 220.131(1) may

617

be allowed the credit on a consolidated return basis up to the

618

amount of tax imposed upon the consolidated group.

619

     (e)(f)1. Tax credits that may be available under this

620

section to an entity eligible under this section may be

621

transferred after a merger or acquisition to the surviving or

622

acquiring entity and used in the same manner with the same

623

limitations.

624

     2.  The entity or its surviving or acquiring entity as

625

described in subparagraph 1. may transfer any unused credit in

626

whole or in units of no less than 25 percent of the remaining

627

credit. The entity acquiring such credit may use it in the same

628

manner and with the same limitations under this section. Such

629

transferred credits may not be transferred again although they

630

may succeed to a surviving or acquiring entity subject to the

631

same conditions and limitations as described in this section.

632

     3.  In the event the credit provided for under this section

633

is reduced as a result of an examination or audit by the

634

department, such tax deficiency shall be recovered from the first

635

entity or the surviving or acquiring entity to have claimed such

636

credit up to the amount of credit taken. Any subsequent

637

deficiencies shall be assessed against any entity acquiring and

638

claiming such credit, or in the case of multiple succeeding

639

entities in the order of credit succession.

640

     (f)(g) Notwithstanding any other provision of this section,

641

credits for the production and sale of electricity from a new or

642

expanded Florida renewable energy facility may be earned between

643

January 1, 2007 and June 30, 2010. The combined total amount of

644

tax credits which may be granted for all taxpayers under this

645

section is limited to $5 million per state fiscal year.

646

     (g)(h) A taxpayer claiming a credit under this section

647

shall be required to add back to net income that portion of its

648

business deductions claimed on its federal return paid or

649

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

650

credit allowable for the taxable year under this section.

651

     (h)(i) A taxpayer claiming credit under this section may

652

not claim a credit under s. 220.192. A taxpayer claiming credit

653

under s. 220.192 may not claim a credit under this section.

654

     Section 14.  Section 220.51, Florida Statutes, is amended to

655

read:

656

     220.51  Promulgation of rules and regulations.--In

657

accordance with the Administrative Procedure Act, chapter 120,

658

the department is authorized to make, promulgate, and enforce

659

such reasonable rules and regulations, and to prescribe such

660

forms relating to the administration and enforcement of the

661

provisions of this code, as it may deem appropriate, including:

662

     (1)  Rules for initial implementation of this code and for

663

taxpayers' transitional taxable years commencing before and

664

ending after January 1, 1972.;

665

     (2)  Rules or regulations to clarify whether certain groups,

666

organizations, or associations formed under the laws of this

667

state or any other state, country, or jurisdiction shall be

668

deemed "taxpayers" for the purposes of this code, in accordance

669

with the legislative declarations of intent in s. 220.02.; and

670

     (3) Regulations relating to consolidated reporting for

671

affiliated groups of corporations, in order to provide for an

672

equitable and just administration of this code with respect to

673

multicorporate taxpayers.

674

     Section 15.  Section 220.64, Florida Statutes, is amended to

675

read:

676

     220.64  Other provisions applicable to franchise tax.--To

677

the extent that they are not manifestly incompatible with the

678

provisions of this part, parts I, III, IV, V, VI, VIII, IX, and X

679

of this code and ss. 220.12, 220.13, 220.136, 220.15, and 220.16

680

apply to the franchise tax imposed by this part. Under rules

681

prescribed in s. 220.131, a consolidated return may be filed by

682

any affiliated group of corporations composed of one or more

683

banks or savings associations, its or their Florida parent

684

corporation, and any nonbank or nonsavings subsidiaries of such

685

parent corporation.

686

     Section 16.  Subsection (9) of section 376.30781, Florida

687

Statutes, is amended to read:

688

     376.30781  Partial tax credits for rehabilitation of

689

drycleaning-solvent-contaminated sites and brownfield sites in

690

designated brownfield areas; application process; rulemaking

691

authority; revocation authority.--

692

     (9)  On or before March 31, the Department of Environmental

693

Protection shall inform each eligible tax credit applicant of the

694

amount of its partial tax credit and provide each eligible tax

695

credit applicant with a tax credit certificate that must be

696

submitted with its tax return to the Department of Revenue to

697

claim the tax credit or be transferred pursuant to s.

698

220.1845(1)(g)(h). Credits will not result in the payment of

699

refunds if total credits exceed the amount of tax owed.

700

     Section 17. Transition rules.--

701

     (1) For the first taxable year beginning on or after

702

January 1, 2009, a taxpayer that filed a Florida return for the

703

preceding taxable year and is a member of a water's edge group

704

shall compute its income together with all members of the water's

705

edge group and file a separate corporate income tax return or may

706

elect to combine its tax return with all members of the water's

707

edge group.

708

     (2) An affiliated group of corporations that filed a

709

Florida consolidated return pursuant to an election provided in

710

former s. 220.131, Florida Statutes, shall cease filing a Florida

711

consolidated return for taxable years beginning on or after

712

January 1, 2009, and shall file water's edge group returns or may

713

elect to file a combined water's edge group return.

714

     (3) An affiliated group of corporations that filed a

715

Florida consolidated return pursuant to the election provided in

716

s. 220.131(1), Florida Statutes (1985), that allowed the

717

affiliated group to make an election with 90 days after December

718

20, 1984, or upon filing the taxpayer's first return after

719

December 20, 1984, whichever occurred later, shall cease filing a

720

Florida consolidated return using that method for taxable years

721

beginning on or after January 1, 2009, and shall file water's

722

edge group returns or may elect to file a combined water's edge

723

group return.

724

     Section 18. Section 220.131, Florida Statutes, is repealed.

725

     Section 19. Of the funds recaptured by this act, the sum of

726

$50 million is appropriated from the General Revenue Fund to the

727

State University System for workforce education, to be allocated

728

by the Board of Governors; the sum of $50 million is appropriated

729

from the General Revenue Fund to community colleges for workforce

730

education, to be allocated by the State Board of Education; and

731

the remainder of such funds, as determined by the Revenue

732

Estimating Conference, shall be appropriated from the General

733

Revenue Fund to the various school districts to reduce the

734

required local effort, to be allocated as provided in the General

735

Appropriations Act.

736

     Section 20.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.