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House Bill 0119

Florida House of Representatives - 1997 HB 119 By Representative Culp 1 A bill to be entitled 2 An act relating to credits against taxes; 3 amending s. 220.02, F.S.; providing the order 4 of credits against the corporate income tax or 5 franchise tax; amending s. 220.03, F.S.; 6 revising the definition of "child care facility 7 startup costs" and defining "operation of a 8 child care facility"; amending s. 220.12, F.S.; 9 revising the definition of a taxpayer's net 10 income for corporate income tax purposes to 11 delete the deduction of child care facility 12 startup costs; creating s. 220.19, F.S.; 13 authorizing a credit against the corporate 14 income tax for child care facility startup 15 costs and operation; providing limitations; 16 requiring a recipient to refund a portion of 17 tax credits received under certain conditions; 18 providing eligibility and application 19 requirements; providing for administration by 20 the Department of Revenue; providing for future 21 expiration; creating s. 624.5107, F.S.; 22 authorizing a credit against insurance premium 23 taxes for child care facility startup costs and 24 operation; providing definitions; providing 25 limitations; requiring a recipient to refund a 26 portion of tax credits received under certain 27 conditions; providing eligibility and 28 application requirements; providing for 29 administration by the Department of Revenue; 30 providing for future expiration; providing an 31 effective date. 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 119 569-107B-97 1 Be It Enacted by the Legislature of the State of Florida: 2 3 Section 1. Subsection (10) of section 220.02, Florida 4 Statutes, is amended to read: 5 220.02 Legislative intent.-- 6 (10) It is the intent of the Legislature that credits 7 against either the corporate income tax or the franchise tax 8 be applied in the following order: those enumerated in s. 9 220.68, those enumerated in s. 631.719(1), those enumerated in 10 s. 631.705, those enumerated in s. 220.18, those enumerated in 11 s. 631.828, those enumerated in s. 220.181, those enumerated 12 in s. 220.183, those enumerated in s. 220.182, those 13 enumerated in s. 221.02, those enumerated in s. 220.184, those 14 enumerated in s. 220.186, and those enumerated in s. 220.188, 15 and those enumerated in s. 220.19. 16 Section 2. Paragraph (cc) of subsection (1) of section 17 220.03, Florida Statutes, 1996 Supplement, is amended, and 18 paragraph (gg) is added to said subsection, to read: 19 220.03 Definitions.-- 20 (1) SPECIFIC TERMS.--When used in this code, and when 21 not otherwise distinctly expressed or manifestly incompatible 22 with the intent thereof, the following terms shall have the 23 following meanings: 24 (cc) "Child care facility startup costs" means 25 expenditures for equipment, including playground equipment and 26 kitchen appliances and cooking equipment, and real property, 27 including land and improvements, used to establish a child 28 care facility as defined by s. 402.302(4) which is located in 29 this the state on the taxpayer's premises or within 5 miles of 30 the employees' workplace and used exclusively by the employees 31 of the taxpayer. 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 119 569-107B-97 1 (gg) "Operation of a child care facility" means 2 operation of a child care facility as defined by s. 402.302(4) 3 which is located in this state on the taxpayer's premises and 4 used exclusively by the employees of the taxpayer. 5 Section 3. Section 220.12, Florida Statutes, 1996 6 Supplement, is amended to read: 7 220.12 "Net income" defined.--For purposes of this 8 code, a taxpayer's net income for a taxable year shall be its 9 adjusted federal income, or that share of its adjusted federal 10 income for such year which is apportioned to this state under 11 s. 220.15, plus nonbusiness income allocated to this state 12 pursuant to s. 220.16, less child care facility startup costs 13 as defined by s. 220.03(1)(dd), less the exemption allowed by 14 s. 220.14. 15 Section 4. Section 220.19, Florida Statutes, is 16 created to read: 17 220.19 Child care tax credit.-- 18 (1) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.-- 19 (a) A credit of 50 percent of the startup costs of 20 child care facilities is allowed against any tax due for a 21 taxable year under this chapter. A credit against such tax is 22 also allowed for the operation of a child care facility, which 23 credit is in the amount of $50 per month for each child 24 enrolled in the facility. 25 (b) A corporation may not receive more than $50,000 in 26 annual tax credits for all approved child care costs that the 27 corporation incurs in any one year. 28 (c) The total amount of tax credits which may be 29 granted for all programs approved under this section and s. 30 624.5107 is $2 million annually. 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 119 569-107B-97 1 (d) An application for tax credit under this section 2 must be approved by the executive director of the department. 3 (e) If the credit granted under this section is not 4 fully used in any one year because of insufficient tax 5 liability on the part of the corporation, the unused amount 6 may be carried forward for a period not to exceed 5 years. 7 The carryover credit may be used in a subsequent year when the 8 tax imposed by this chapter for that year exceeds the credit 9 for which the corporation is eligible in that year under this 10 section after applying the other credits and unused carryovers 11 in the order provided by s. 220.02(10). 12 (f) If a corporation that receives a credit for child 13 care facility startup costs fails to operate that facility for 14 at least 5 years, a pro rata share of the credit must be 15 repaid, in accordance with the formula: A = C x (1 - (N/60)), 16 where: 17 1. "A" is the amount in dollars of the required 18 repayment. 19 2. "C" is the total credits taken by the corporation 20 for child care facility startup costs. 21 3. "N" is the number of months the facility was in 22 operation. 23 24 This repayment requirement is inapplicable if the corporation 25 goes out of business or can demonstrate to the department that 26 its employees no longer want to have a child care facility. 27 (g) A taxpayer that files a consolidated return in 28 this state as a member of an affiliated group under s. 29 220.131(1) may be allowed the credit on a consolidated return 30 basis. 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 119 569-107B-97 1 (h) A taxpayer that is eligible to receive credit 2 under s. 624.5107 is ineligible to receive credit under this 3 section. 4 (2) ELIGIBILITY REQUIREMENTS.-- 5 (a) A child care facility for which a corporation 6 claims a child care tax credit must be a child care facility 7 as defined by s. 402.302 and must be licensed in accordance 8 with s. 402.305. 9 (b) The services of a child care facility for which a 10 corporation claims a child care tax credit must be available 11 to all employees of the corporation whose workplace is within 12 5 miles of the child care facility, or must be allocated on a 13 first-come, first-served basis, and must be used exclusively 14 by employees of the taxpayer. 15 (c) Two or more corporations may join together to 16 start and to operate a child care facility according to the 17 provisions of this section. If two or more corporations 18 choose to jointly operate a child care facility, the facility 19 must be used exclusively by the employees of the cooperating 20 corporations and the corporations must file a joint 21 application with the department, pursuant to subsection (3), 22 setting forth their proposal. The participating corporations 23 may proportion the annual child care costs credits in any 24 manner they choose as appropriate, but no jointly operated 25 corporate child care facility established under this section 26 may receive more than $50,000 in annual tax credits for all 27 approved child care costs that the participating corporations 28 incur in any one year. 29 (3) APPLICATION REQUIREMENTS.--Any corporation that 30 wishes to participate in this program must submit to the 31 department an application for tax credit which sets forth the 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 119 569-107B-97 1 proposal for establishing a child care facility for the 2 exclusive use of its employees. This application must state 3 the anticipated startup costs and the number of children to be 4 enrolled. 5 (4) ADMINISTRATION.-- 6 (a) The Department of Revenue may adopt all rules 7 necessary to administer this section, including rules for the 8 approval or disapproval of proposals submitted by 9 corporations. 10 (b) The executive director's decision to approve or 11 disapprove a proposal must be in writing, and, if the proposal 12 is approved, the decision must state the maximum credit 13 allowable to the corporation. 14 (5) EXPIRATION.--This section expires on June 30, 15 2007, except that paragraph (1)(e), which relates to carryover 16 credits, and paragraph (1)(f), which relates to repaying tax 17 credits in specified circumstances, do not expire on that 18 date. 19 Section 5. Section 624.5107, Florida Statutes, is 20 created to read: 21 624.5107 Child care facility tax credit; definitions; 22 authorization; limitations; eligibility and application 23 requirements; administration; expiration.-- 24 (1) DEFINITIONS.--As used in this section: 25 (a) "Child care facility startup costs" means 26 expenditures for equipment, including playground equipment and 27 kitchen appliances and cooking equipment, and for real 28 property, including land and improvements, used to establish a 29 child care facility as defined by s. 402.302 which is located 30 in this state on the insurer's premises and used exclusively 31 by the employees of the insurer. 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 119 569-107B-97 1 (b) "Operation of a child care facility" means 2 operation of a child care facility as defined by s. 402.302 3 which is located in this state on the insurer's premises and 4 used exclusively by the employees of the insurer. 5 (c) "Department" means the Department of Revenue. 6 (d) "Executive director" means the executive director 7 of the Department of Revenue. 8 (2) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.-- 9 (a) A credit of 50 percent of child care facility 10 startup costs is allowed against any tax due for a taxable 11 year under s. 624.509 or s. 624.510. A credit against such 12 tax is also allowed for the operation of a child care 13 facility, which credit is in the amount of $50 per month for 14 each child enrolled in the facility. 15 (b) An insurer may not receive more than $50,000 in 16 annual tax credits for all approved child care costs that the 17 insurer incurs in any one year. 18 (c) The total amount of tax credits which may be 19 granted for all programs approved under this section and s. 20 220.19 is $2 million annually. 21 (d) An application for tax credit under this section 22 must be approved by the executive director. 23 (e) If the credit granted under this section is not 24 fully used in any one year because of insufficient tax 25 liability on the part of the insurer, the unused amount may be 26 carried forward for a period not to exceed 5 years. The 27 carryover credit may be used in a subsequent year when the tax 28 imposed by s. 624.509 or s. 624.510 for that year exceeds the 29 credit for which the insurer is eligible in that year under 30 this section. 31 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 119 569-107B-97 1 (f) If an insurer that receives a credit for child 2 care facility startup costs fails to operate that facility for 3 at least 5 years, a pro rata share of the credit must be 4 repaid, in accordance with the formula: A = C x (1 - (N/60)), 5 where: 6 1. "A" is the amount in dollars of the required 7 repayment. 8 2. "C" is the total credits taken by the insurer for 9 child care facility startup costs. 10 3. "N" is the number of months the facility was in 11 operation. 12 13 This repayment requirement is inapplicable if the insurer goes 14 out of business or can demonstrate to the department that its 15 employees no longer want to have a child care facility. 16 (3) ELIGIBILITY REQUIREMENTS.-- 17 (a) A child care facility for which an insurer claims 18 a child care tax credit must be a child care facility as 19 defined by s. 402.302 and must be licensed in accordance with 20 s. 402.305. 21 (b) The services of a child care facility for which an 22 insurer claims a child care tax credit must be available to 23 all employees of the insurer whose workplace is within 5 miles 24 of the child care facility, or must be allocated on a 25 first-come, first-served basis, and must be used exclusively 26 by employees of the insurer. 27 (4) APPLICATION REQUIREMENTS.--Any insurer that wishes 28 to participate in this program must submit to the department 29 an application for tax credit which sets forth the proposal 30 for establishing a child care facility for the exclusive use 31 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 119 569-107B-97 1 of its employees. This application must state the anticipated 2 startup costs and the number of children to be enrolled. 3 (5) ADMINISTRATION.-- 4 (a) The Department of Revenue may adopt all rules 5 necessary to administer this section, including rules for the 6 approval or disapproval of proposals submitted by insurers. 7 (b) The executive director's decision to approve or 8 disapprove a proposal must be in writing, and, if the proposal 9 is approved, the decision must state the maximum credit 10 allowable to the insurer. 11 (6) EXPIRATION.--This section expires on June 30, 12 2007, except that paragraph (2)(e), which relates to carryover 13 credits, and paragraph (2)(f), which relates to repaying tax 14 credits in specified circumstances, do not expire on that 15 date. 16 Section 6. This act shall take effect June 30, 1997. 17 18 ***************************************** 19 HOUSE SUMMARY 20 Provides a credit against the corporate income tax or 21 insurance premium taxes for 50 percent of child care facility startup costs, and for operation of the facility 22 in the amount of $50 per month per child enrolled in the facility. Provides limitations and requires refund of a 23 pro rata portion of the startup credit if the facility is not operated for 5 years. Provides for administration by 24 the Department of Revenue and for expiration of the credits in 10 years. 25 26 27 28 29 30 31 9