Florida Senate - 2014 SB 80 By Senator Soto 14-00030-14 201480__ 1 A bill to be entitled 2 An act relating to economic development; creating s. 3 220.1945, F.S.; providing definitions; providing a 4 corporate tax credit against the state corporate 5 income tax in an amount equal to a specified 6 percentage of the corporation’s payments to a small 7 business providing goods or services to the 8 corporation pursuant to a contract; providing 9 qualification criteria; requiring the corporation and 10 business to submit an application to the Department of 11 Economic Opportunity for approval to earn credits; 12 providing application requirements; providing 13 procedures and requirements for department approval; 14 specifying the amount of the tax credit; prohibiting 15 tax credits from being carried forward or backward or 16 being transferred or sold; providing criminal and 17 administrative penalties for fraudulently claiming tax 18 credits; authorizing the Department of Economic 19 Opportunity and the Department of Revenue to adopt 20 rules; amending s. 220.02, F.S.; revising the order in 21 which credits against the corporate income tax or 22 franchise tax may be taken to include certain credits 23 relating to a corporation’s execution of a business 24 contract with a small business; amending s. 220.13, 25 F.S.; redefining the term “adjusted federal income” to 26 include the amount of such tax credits; providing an 27 effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1. Section 220.1945, Florida Statutes, is created 32 to read: 33 220.1945 Corporate tax credit for corporations contracting 34 with small businesses.— 35 (1) As used in this section, the term: 36 (a) “Business contract” means a written agreement between a 37 corporation and a small business. 38 (b) “Corporation” means a business that employs 300 or more 39 full-time employees in this state, not including a financial 40 organization as defined in s. 220.15(6) or a bank, savings 41 association, international banking facility, or banking 42 organization as defined in s. 220.62. 43 (c) “Department” means the Department of Economic 44 Opportunity. 45 (d) “Job” means a full-time position consistent with terms 46 used by the department and the United States Department of Labor 47 for purposes of unemployment compensation tax administration and 48 employment estimation resulting directly from a business 49 operation in this state. 50 (e) “New employee” means a person who begins a full-time 51 job in a small business but does not include any person who has 52 been employed during the preceding 12 months in a full-time job 53 in the small business. 54 (f) “Small business” means a business that: 55 1. Employs 25 or fewer full-time employees in this state 56 and 25 or fewer full-time employees outside of this state; or 57 2. Initially qualifies as a small business under 58 subparagraph 1. but, as a result of the business’s fulfillment 59 of the requirements of subparagraph (3)(c)4., now employs more 60 than 25 full-time employees in this state. 61 (2) Upon an affirmative showing by a corporation and a 62 small business to the satisfaction of the department that the 63 requirements of this section have been met, the corporation is 64 eligible for a credit against its corporate income tax liability 65 under s. 220.11. 66 (3) In order to qualify for the credits provided under this 67 section: 68 (a) A corporation must execute a business contract for the 69 purchase of goods or services with a small business. The terms 70 of the contract must include, but are not limited to, a 71 requirement that: 72 1. The corporation pay at least $100,000 to the small 73 business for goods or services within 1 year after the business 74 contract is signed by both the corporation and the small 75 business; and 76 2. The small business, within 60 days after the business 77 contract is signed by both the corporation and the small 78 business, hire at least two new employees for 1 year. 79 (b) The corporation and the small business must be 80 unrelated parties that were not engaged in a contractual 81 business relationship with each other before July 1, 2014. 82 (c) Within 90 days after the business contract is signed by 83 both the corporation and the small business, the corporation and 84 the small business files an application with the department that 85 includes, but is not limited to, the following: 86 1. The business contract signed by both the corporation and 87 the small business. 88 2. The names and addresses of, and salary or hourly wages 89 paid to, all employees of the small business within the past 90 year. 91 3. The names and addresses of, and salary or hourly wages 92 paid to, any new employees of the small business after the 93 signing of the business contract by both the corporation and the 94 small business. 95 4. Evidence demonstrating to the department that the total 96 number of jobs at the small business grew by at least two after 97 the date the business contract was signed by both the 98 corporation and the small business. 99 (4) The department shall review the initial application 100 and, if necessary, notify the corporation and small business of 101 any omissions and request additional information. An application 102 is complete upon receipt of all requested information. The 103 department shall provisionally certify all complete applications 104 containing the information required under this section within 10 105 working days. A copy of the provisional certification shall be 106 transmitted to the executive director of the Department of 107 Revenue. The department shall also inform the corporation and 108 the small business in writing within 10 working days after the 109 date that the department provisionally certifies an application. 110 (5) Within 60 days after satisfying the terms of the 111 business contract, the corporation and the small business must 112 notify the department, in writing, that: 113 (a) All of the conditions required under this section have 114 been met. It is the responsibility of the corporation and the 115 small business to affirmatively demonstrate to the satisfaction 116 of the department that the conditions of this section have been 117 met. 118 (b) The corporation intends to claim the credit authorized 119 under this section against its corporate income tax liability 120 under s. 220.11 on the first return due after receipt of final 121 approval from the department. 122 (6) After final certification by the department, the 123 corporation may take a credit against its corporate income tax 124 liability under s. 220.11 equal to 10 percent of the payments 125 made to the small business during the taxable year under the 126 terms of the business contract. 127 (a) A corporation may not claim a tax credit in excess of 128 its corporate income tax liability under s. 220.11. If the 129 credit granted under this section is not fully taken in any 130 single year because of insufficient tax liability on the part of 131 the corporation, the unused amount may not be carried forward or 132 backward. 133 (b) The credits earned under this section may not be sold 134 or transferred. 135 (7) A corporation that fraudulently claims to be qualified 136 for tax credits under this section commits a misdemeanor of the 137 second degree, punishable as provided in s. 775.082 or s. 138 775.083. The corporation is also administratively liable for 139 repayment of any tax credits fraudulently taken plus a mandatory 140 penalty of 100 percent of the credit plus interest at the rate 141 provided under this chapter. 142 (8) The department and the Department of Revenue may adopt 143 rules to administer this section. 144 Section 2. Subsection (8) of section 220.02, Florida 145 Statutes, is amended to read: 146 220.02 Legislative intent.— 147 (8) It is the intent of the Legislature that credits 148 againsteitherthe corporate income tax or the franchise tax be 149 applied in the following order: those enumerated in s. 631.828, 150 those enumerated in s. 220.191, those enumerated in s. 220.181, 151 those enumerated in s. 220.183, those enumerated in s. 220.182, 152 those enumerated in s. 220.1895, those enumerated in s. 220.195, 153 those enumerated in s. 220.184, those enumerated in s. 220.186, 154 those enumerated in s. 220.1845, those enumerated in s. 220.19, 155 those enumerated in s. 220.185, those enumerated in s. 220.1875, 156 those enumerated in s. 220.192, those enumerated in s. 220.193, 157 those enumerated in s. 288.9916, those enumerated in s. 158 220.1899, those enumerated in s. 220.194, those enumerated in s. 159 220.1945, and those enumerated in s. 220.196. 160 Section 3. Paragraph (a) of subsection (1) of section 161 220.13, Florida Statutes, is amended to read: 162 220.13 “Adjusted federal income” defined.— 163 (1) The term “adjusted federal income” means an amount 164 equal to the taxpayer’s taxable income as defined in subsection 165 (2), or such taxable income of more than one taxpayer as 166 provided in s. 220.131, for the taxable year, adjusted as 167 follows: 168 (a) Additions.—There shall be added to such taxable income: 169 1. The amount of any tax upon or measured by income, 170 excluding taxes based on gross receipts or revenues, paid or 171 accrued as a liability to the District of Columbia or any state 172 of the United States which is deductible from gross income in 173 the computation of taxable income for the taxable year. 174 2. The amount of interest which is excluded from taxable 175 income under s. 103(a) of the Internal Revenue Code or any other 176 federal law, less the associated expenses disallowed in the 177 computation of taxable income under s. 265 of the Internal 178 Revenue Code or any other law, excluding 60 percent of any 179 amounts included in alternative minimum taxable income, as 180 defined in s. 55(b)(2) of the Internal Revenue Code, if the 181 taxpayer pays tax under s. 220.11(3). 182 3. In the case of a regulated investment company or real 183 estate investment trust, an amount equal to the excess of the 184 net long-term capital gain for the taxable year over the amount 185 of the capital gain dividends attributable to the taxable year. 186 4. That portion of the wages or salaries paid or incurred 187 for the taxable year which is equal to the amount of the credit 188 allowable for the taxable year under s. 220.181. This 189 subparagraph expiresshall expireon the date specified in s. 190 290.016 for the expiration of the Florida Enterprise Zone Act. 191 5. That portion of the ad valorem school taxes paid or 192 incurred for the taxable year which is equal to the amount of 193 the credit allowable for the taxable year under s. 220.182. This 194 subparagraph expiresshall expireon the date specified in s. 195 290.016 for the expiration of the Florida Enterprise Zone Act. 196 6. The amount taken as a credit under s. 220.195 which is 197 deductible from gross income in the computation of taxable 198 income for the taxable year. 199 7. That portion of assessments to fund a guaranty 200 association incurred for the taxable year which is equal to the 201 amount of the credit allowable for the taxable year. 202 8. In the case of a nonprofit corporation thatwhichholds 203 a pari-mutuel permit andwhichis exempt from federal income tax 204 as a farmers’ cooperative, an amount equal to the excess of the 205 gross income attributable to the pari-mutuel operations over the 206 attributable expenses for the taxable year. 207 9. The amount taken as a credit for the taxable year under 208 s. 220.1895. 209 10. Up to nine percent of the eligible basis of any 210 designated project which is equal to the credit allowable for 211 the taxable year under s. 220.185. 212 11. The amount taken as a credit for the taxable year under 213 s. 220.1875. The addition in this subparagraph is intended to 214 ensure that the same amount is not allowed for the tax purposes 215 of this state as both a deduction from income and a credit 216 against the tax. This addition is not intended to result in 217 adding the same expense back to income more than once. 218 12. The amount taken as a credit for the taxable year under 219 s. 220.192. 220 13. The amount taken as a credit for the taxable year under 221 s. 220.193. 222 14. Any portion of a qualified investment, as defined in s. 223 288.9913, which is claimed as a deduction by the taxpayer and 224 taken as a credit against income tax pursuant to s. 288.9916. 225 15. The costs to acquire a tax credit pursuant to s. 226 288.1254(5) whichthatare deducted from or otherwise reduce 227 federal taxable income for the taxable year. 228 16. The amount taken as a credit for the taxable year under 229pursuant tos. 220.194. 230 17. The amount taken as a credit for the taxable year under 231 s. 220.196. The addition in this subparagraph is intended to 232 ensure that the same amount is not allowed for the tax purposes 233 of this state as both a deduction from income and a credit 234 against the tax. The addition is not intended to result in 235 adding the same expense back to income more than once. 236 18. The amount taken as a credit for the taxable year under 237 s. 220.1945. 238 Section 4. This act shall take effect July 1, 2014.