Florida Senate - 2014              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 596
       
       
       
       
       
                               Ì870296DÎ870296                          
       
       576-03653-14                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Finance and Tax)
    1                        A bill to be entitled                      
    2         An act relating to defense contracting; creating s.
    3         288.1046, F.S.; defining terms; authorizing certain
    4         prime contractors to apply to the Department of
    5         Economic Opportunity to certify that such contractors
    6         may reduce their computation of adjusted federal
    7         income by a certain amount when awarded a prime
    8         contract; providing requirements to apply for a
    9         reduction in computation of income; requiring a prime
   10         contractor to apply separately for each qualified
   11         subcontract award and to provide documentation;
   12         providing guidelines for the department to certify an
   13         award; authorizing the department and the Department
   14         of Revenue to adopt rules; amending s. 220.13, F.S.;
   15         revising the definition of the term “adjusted federal
   16         income” for corporate income tax purposes; providing
   17         for certain reduction in computation of income, to
   18         conform; providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 288.1046, Florida Statutes, is created
   23  to read:
   24         288.1046 Defense Works in Florida Incentive.—
   25         (1) As used in this section, the term:
   26         (a) “Florida prime contractor” means a business entity
   27  operating in this state that is awarded a prime contract.
   28         (b) “Florida small business subcontractor” means a business
   29  entity that:
   30         1. Maintains its primary place of business in the state;
   31         2. Has 250 or fewer employees at the time a qualified
   32  subcontract award is made;
   33         3. Is awarded a subcontract from a Florida prime
   34  contractor; and
   35         4. Has no subsidiary or affiliate business relationship to
   36  the prime contractor making the award.
   37         (c) “Prime contract” means a contract that is awarded
   38  directly from the Federal Government.
   39         (d) “Qualified defense work” means a prime contract awarded
   40  for manufacturing, engineering, construction, distribution,
   41  research, development, or other activities related to equipment,
   42  supplies, technology, or other goods or services that directly
   43  or indirectly support the United States Armed Forces or that can
   44  be reasonably determined to support national security, including
   45  space related activities.
   46         (e) “Qualified subcontract award” means qualified defense
   47  work, in part or in whole, subcontracted from a Florida prime
   48  contractor to a Florida small business subcontractor, which is
   49  executed in the state and valued at more than $250,000. The term
   50  does not include subcontracts executed before July 1, 2014.
   51         (2) A Florida prime contractor may apply to the department
   52  to certify that it may reduce its computation of adjusted
   53  federal income under s. 220.13 by an amount equal to 4 percent
   54  of the qualified subcontract award if such prime contractor:
   55         (a) Is subject to chapter 220;
   56         (b) Is awarded qualified defense work; and
   57         (c) Awards a qualified subcontract award.
   58         (3) A Florida prime contractor may reduce its adjusted
   59  federal income under subsection (2) only for taxable years
   60  beginning on or after January 1, 2014, and must apply separately
   61  to the department for each qualified subcontract award and
   62  provide the department required documentation, including, but
   63  not limited to, the application for the award and copies of
   64  contracts, tax records, or employment records.
   65         (4) The department may establish application, approval,
   66  appeal, and accountability processes as necessary. The
   67  department may consult with Enterprise Florida, Inc., and the
   68  Florida Defense Support Task Force as necessary to administer
   69  this section.
   70         (a) Within 10 days after certifying a qualified subcontract
   71  award, the department shall provide:
   72         1. A letter certifying the award to the applicant; and
   73         2. A copy of the letter certifying the award to the
   74  Department of Revenue.
   75         (b) The department may certify, for each Florida prime
   76  contractor applicant per calendar year, up to $250 million in
   77  aggregate qualified subcontract awards.
   78         (c) The department may certify in total, per calendar year,
   79  up to $2.5 billion in aggregate qualified subcontract awards.
   80         (d) For a multiyear qualified subcontract award, the
   81  department shall certify the full amount of the award under
   82  paragraphs (b) and (c) in the calendar year it was awarded.
   83         (e) The Florida prime contractor may reduce its adjusted
   84  federal income under subsection (2) in the taxable years in
   85  which payments are made to the Florida small business
   86  subcontractor.
   87         (5) The department and the Department of Revenue may adopt
   88  rules to administer this section.
   89         Section 2. Paragraph (b) of subsection (1) of 220.13,
   90  Florida Statutes, is amended to read:
   91         220.13 “Adjusted federal income” defined.—
   92         (1) The term “adjusted federal income” means an amount
   93  equal to the taxpayer’s taxable income as defined in subsection
   94  (2), or such taxable income of more than one taxpayer as
   95  provided in s. 220.131, for the taxable year, adjusted as
   96  follows:
   97         (b) Subtractions.—
   98         1. There shall be subtracted from such taxable income:
   99         a. The net operating loss deduction allowable for federal
  100  income tax purposes under s. 172 of the Internal Revenue Code
  101  for the taxable year, except that any net operating loss that is
  102  transferred pursuant to s. 220.194(6) may not be deducted by the
  103  seller;,
  104         b. The net capital loss allowable for federal income tax
  105  purposes under s. 1212 of the Internal Revenue Code for the
  106  taxable year;,
  107         c. The excess charitable contribution deduction allowable
  108  for federal income tax purposes under s. 170(d)(2) of the
  109  Internal Revenue Code for the taxable year;, and
  110         d. The excess contributions deductions allowable for
  111  federal income tax purposes under s. 404 of the Internal Revenue
  112  Code for the taxable year.
  113  
  114  However, a net operating loss and a capital loss shall never be
  115  carried back as a deduction to a prior taxable year, but all
  116  deductions attributable to such losses shall be deemed net
  117  operating loss carryovers and capital loss carryovers,
  118  respectively, and treated in the same manner, to the same
  119  extent, and for the same time periods as are prescribed for such
  120  carryovers in ss. 172 and 1212, respectively, of the Internal
  121  Revenue Code.
  122         2. There shall be subtracted from such taxable income any
  123  amount to the extent included therein the following:
  124         a. Dividends treated as received from sources without the
  125  United States, as determined under s. 862 of the Internal
  126  Revenue Code.
  127         b. All amounts included in taxable income under s. 78 or s.
  128  951 of the Internal Revenue Code.
  129  
  130  However, as to any amount subtracted under this subparagraph,
  131  there shall be added to such taxable income all expenses
  132  deducted on the taxpayer’s return for the taxable year which are
  133  attributable, directly or indirectly, to such subtracted amount.
  134  Further, no amount shall be subtracted with respect to dividends
  135  paid or deemed paid by a Domestic International Sales
  136  Corporation.
  137         3. In computing “adjusted federal income” for taxable years
  138  beginning after December 31, 1976, there shall be allowed as a
  139  deduction the amount of wages and salaries paid or incurred
  140  within this state for the taxable year for which no deduction is
  141  allowed pursuant to s. 280C(a) of the Internal Revenue Code
  142  (relating to credit for employment of certain new employees).
  143         4. There shall be subtracted from such taxable income any
  144  amount of nonbusiness income included therein.
  145         5. There shall be subtracted any amount of taxes of foreign
  146  countries allowable as credits for taxable years beginning on or
  147  after September 1, 1985, under s. 901 of the Internal Revenue
  148  Code to any corporation which derived less than 20 percent of
  149  its gross income or loss for its taxable year ended in 1984 from
  150  sources within the United States, as described in s.
  151  861(a)(2)(A) of the Internal Revenue Code, not including credits
  152  allowed under ss. 902 and 960 of the Internal Revenue Code,
  153  withholding taxes on dividends within the meaning of sub
  154  subparagraph 2.a., and withholding taxes on royalties, interest,
  155  technical service fees, and capital gains.
  156         6. There shall be subtracted from such taxable income 4
  157  percent of the amount of the qualified subcontract award
  158  certified by the Department of Economic Opportunity and paid to
  159  the subcontractor pursuant to s. 288.1046.
  160         7. Notwithstanding any other provision of this code, except
  161  with respect to amounts subtracted pursuant to subparagraphs 1.
  162  and 3., any increment of any apportionment factor which is
  163  directly related to an increment of gross receipts or income
  164  which is deducted, subtracted, or otherwise excluded in
  165  determining adjusted federal income shall be excluded from both
  166  the numerator and denominator of such apportionment factor.
  167  Further, all valuations made for apportionment factor purposes
  168  shall be made on a basis consistent with the taxpayer’s method
  169  of accounting for federal income tax purposes.
  170         Section 3. This act shall take effect July 1, 2014.