Florida Senate - 2013 SB 740
By Senator Simpson
18-00907-13 2013740__
1 A bill to be entitled
2 An act relating to tax exemptions for property used
3 for affordable housing; amending s. 196.1978, F.S.;
4 deleting an ad valorem tax exemption for property
5 owned by certain Florida-based limited partnerships
6 and used for affordable housing for certain income
7 qualified persons; providing for retroactive
8 application; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Section 196.1978, Florida Statutes, is amended
13 to read:
14 196.1978 Affordable housing property exemption.—Property
15 used to provide affordable housing to serving eligible persons
16 as defined by s. 159.603(7) and natural persons or families
17 meeting the extremely-low-income, very-low-income, low-income,
18 or moderate-income limits specified in s. 420.0004, which
19 property is owned entirely by a nonprofit entity that is a
20 corporation not for profit, qualified as charitable under s.
21 501(c)(3) of the Internal Revenue Code and in compliance with
22 Rev. Proc. 96-32, 1996-1 C.B. 717, is or a Florida-based limited
23 partnership, the sole general partner of which is a corporation
24 not for profit which is qualified as charitable under s.
25 501(c)(3) of the Internal Revenue Code and which complies with
26 Rev. Proc. 96-32, 1996-1 C.B. 717, shall be considered property
27 owned by an exempt entity and used for a charitable purpose, and
28 those portions of the affordable housing property that which
29 provide housing to natural persons or families classified as
30 extremely low income, very low income, low income, or moderate
31 income under s. 420.0004 are shall be exempt from ad valorem
32 taxation to the extent authorized under in s. 196.196. All
33 property identified in this section must shall comply with the
34 criteria provided under s. 196.195 for determining determination
35 of exempt status and to be applied by property appraisers on an
36 annual basis as defined in s. 196.195. The Legislature intends
37 that any property owned by a limited liability company or
38 limited partnership which is disregarded as an entity for
39 federal income tax purposes pursuant to Treasury Regulation
40 301.7701-3(b)(1)(ii) shall be treated as owned by its sole
41 member or sole general partner.
42 Section 2. This act shall take effect upon becoming a law
43 and shall first apply to the 2013 ad valorem tax rolls.