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House Bill 0193

Florida House of Representatives - 1997 HB 193 By Representative Lynn 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, and for payment of an 16 employee's child care costs; providing 17 limitations; requiring a recipient to refund a 18 portion of tax credits received under certain 19 conditions; providing eligibility and 20 application requirements; providing for 21 administration by the Department of Revenue; 22 providing for future expiration; creating s. 23 624.5107, F.S.; authorizing a credit against 24 insurance premium taxes for child care facility 25 startup costs and operation, and for payment of 26 an employee's child care costs; providing 27 definitions; providing limitations; requiring a 28 recipient to refund a portion of tax credits 29 received under certain conditions; providing 30 eligibility and application requirements; 31 providing for administration by the Department 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 193 560-147A-97 1 of Revenue; providing for future expiration; 2 providing an effective date. 3 4 Be It Enacted by the Legislature of the State of Florida: 5 6 Section 1. Subsection (10) of section 220.02, Florida 7 Statutes, is amended to read: 8 220.02 Legislative intent.-- 9 (10) It is the intent of the Legislature that credits 10 against either the corporate income tax or the franchise tax 11 be applied in the following order: those enumerated in s. 12 220.68, those enumerated in s. 631.719(1), those enumerated in 13 s. 631.705, those enumerated in s. 220.18, those enumerated in 14 s. 631.828, those enumerated in s. 220.181, those enumerated 15 in s. 220.183, those enumerated in s. 220.182, those 16 enumerated in s. 221.02, those enumerated in s. 220.184, those 17 enumerated in s. 220.186, and those enumerated in s. 220.188, 18 and those enumerated in s. 220.19. 19 Section 2. Paragraph (cc) of subsection (1) of section 20 220.03, Florida Statutes, 1996 Supplement, is amended, and 21 paragraph (gg) is added to said subsection, to read: 22 220.03 Definitions.-- 23 (1) SPECIFIC TERMS.--When used in this code, and when 24 not otherwise distinctly expressed or manifestly incompatible 25 with the intent thereof, the following terms shall have the 26 following meanings: 27 (cc) "Child care facility startup costs" means 28 expenditures for equipment, including playground equipment and 29 kitchen appliances and cooking equipment, and real property, 30 including land and improvements, used to establish a child 31 care facility as defined by s. 402.302(4) which is located in 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 193 560-147A-97 1 this the state on the taxpayer's premises or within 5 miles of 2 the employees' workplace and used exclusively by the employees 3 of the taxpayer. 4 (gg) "Operation of a child care facility" means 5 operation of a child care facility as defined by s. 402.302(4) 6 which is located in this state on the taxpayer's premises and 7 used exclusively by the employees of the taxpayer. 8 Section 3. Section 220.12, Florida Statutes, 1996 9 Supplement, is amended to read: 10 220.12 "Net income" defined.--For purposes of this 11 code, a taxpayer's net income for a taxable year shall be its 12 adjusted federal income, or that share of its adjusted federal 13 income for such year which is apportioned to this state under 14 s. 220.15, plus nonbusiness income allocated to this state 15 pursuant to s. 220.16, less child care facility startup costs 16 as defined by s. 220.03(1)(dd), less the exemption allowed by 17 s. 220.14. 18 Section 4. Section 220.19, Florida Statutes, is 19 created to read: 20 220.19 Child care tax credits.-- 21 (1) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.-- 22 (a)1. A credit of 50 percent of the startup costs of 23 child care facilities is allowed against any tax due for a 24 taxable year under this chapter. A credit against such tax is 25 also allowed for the operation of a child care facility, which 26 credit is in the amount of $50 per month for each child 27 enrolled in the facility. 28 2. A credit is allowed against any tax due for a 29 taxable year under this chapter for any taxpayer that makes 30 payments directly to a child care facility as defined by s. 31 402.302 which is licensed in accordance with s. 402.305, which 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 193 560-147A-97 1 payments are made in the name of and for the benefit of an 2 employee of the taxpayer in this state whose child attends the 3 child care facility during the employee's working hours. The 4 credit shall be an amount equal to 50 percent of the amount of 5 such child care payments. 6 (b) A corporation may not receive more than $50,000 in 7 annual tax credits for all approved child care costs that the 8 corporation incurs in any one year. 9 (c) The total amount of tax credits which may be 10 granted for all programs approved under this section and s. 11 624.5107 is $2 million annually. 12 (d) An application for tax credit under this section 13 must be approved by the executive director of the department. 14 (e) If the credit granted under this section is not 15 fully used in any one year because of insufficient tax 16 liability on the part of the corporation, the unused amount 17 may be carried forward for a period not to exceed 5 years. 18 The carryover credit may be used in a subsequent year when the 19 tax imposed by this chapter for that year exceeds the credit 20 for which the corporation is eligible in that year under this 21 section after applying the other credits and unused carryovers 22 in the order provided by s. 220.02(10). 23 (f) If a corporation that receives a credit for child 24 care facility startup costs fails to operate that facility for 25 at least 5 years, a pro rata share of the credit must be 26 repaid, in accordance with the formula: A = C x (1 - (N/60)), 27 where: 28 1. "A" is the amount in dollars of the required 29 repayment. 30 2. "C" is the total credits taken by the corporation 31 for child care facility startup costs. 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 193 560-147A-97 1 3. "N" is the number of months the facility was in 2 operation. 3 4 This repayment requirement is inapplicable if the corporation 5 goes out of business or can demonstrate to the department that 6 its employees no longer want to have a child care facility. 7 (g) A taxpayer that files a consolidated return in 8 this state as a member of an affiliated group under s. 9 220.131(1) may be allowed the credit on a consolidated return 10 basis. 11 (h) A taxpayer that is eligible to receive credit 12 under s. 624.5107 is ineligible to receive credit under this 13 section. 14 (2) ELIGIBILITY REQUIREMENTS.-- 15 (a) A child care facility with respect to which a 16 corporation claims a child care tax credit must be a child 17 care facility as defined by s. 402.302 and must be licensed in 18 accordance with s. 402.305. 19 (b) The services of a child care facility for which a 20 corporation claims a child care tax credit under subparagraph 21 (1)(a)1. must be available to all employees of the corporation 22 whose workplace is within 5 miles of the child care facility, 23 or must be allocated on a first-come, first-served basis, and 24 must be used exclusively by employees of the taxpayer. 25 (c) Two or more corporations may join together to 26 start and to operate a child care facility according to the 27 provisions of this section. If two or more corporations 28 choose to jointly operate a child care facility, the facility 29 must be used exclusively by the employees of the cooperating 30 corporations and the corporations must file a joint 31 application with the department, pursuant to subsection (3), 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 193 560-147A-97 1 setting forth their proposal. The participating corporations 2 may proportion the annual child care costs credits in any 3 manner they choose as appropriate, but no jointly operated 4 corporate child care facility established under this section 5 may receive more than $50,000 in annual tax credits for all 6 approved child care costs that the participating corporations 7 incur in any one year. 8 (d) Child care payments for which a corporation claims 9 a credit under subparagraph (1)(a)2. shall not exceed the 10 amount charged by the child care facility to other children of 11 like age and abilities of persons not employed by the 12 corporation. 13 (3) APPLICATION REQUIREMENTS.--Any corporation that 14 wishes to participate in this program must submit to the 15 department an application for tax credit which sets forth the 16 proposal for establishing a child care facility for the 17 exclusive use of its employees or for payment of the cost of 18 child care for its employees. This application must state the 19 anticipated startup costs and the number of children to be 20 enrolled, in the case of credit claimed under subparagraph 21 (1)(a)1., or the number of children for whom child care costs 22 will be paid, in the case of credit claimed under subparagraph 23 (1)(a)2. 24 (4) ADMINISTRATION.-- 25 (a) The Department of Revenue may adopt all rules 26 necessary to administer this section, including rules for the 27 approval or disapproval of proposals submitted by 28 corporations. 29 (b) The executive director's decision to approve or 30 disapprove a proposal must be in writing, and, if the proposal 31 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 193 560-147A-97 1 is approved, the decision must state the maximum credit 2 allowable to the corporation. 3 (5) EXPIRATION.--This section expires on June 30, 4 2007, except that paragraph (1)(e), which relates to carryover 5 credits, and paragraph (1)(f), which relates to repaying tax 6 credits in specified circumstances, do not expire on that 7 date. 8 Section 5. Section 624.5107, Florida Statutes, is 9 created to read: 10 624.5107 Child care tax credits; definitions; 11 authorization; limitations; eligibility and application 12 requirements; administration; expiration.-- 13 (1) DEFINITIONS.--As used in this section: 14 (a) "Child care facility startup costs" means 15 expenditures for equipment, including playground equipment and 16 kitchen appliances and cooking equipment, and for real 17 property, including land and improvements, used to establish a 18 child care facility as defined by s. 402.302 which is located 19 in this state on the insurer's premises and used exclusively 20 by the employees of the insurer. 21 (b) "Operation of a child care facility" means 22 operation of a child care facility as defined by s. 402.302 23 which is located in this state on the insurer's premises and 24 used exclusively by the employees of the insurer. 25 (c) "Department" means the Department of Revenue. 26 (d) "Executive director" means the executive director 27 of the Department of Revenue. 28 (2) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.-- 29 (a)1. A credit of 50 percent of child care facility 30 startup costs is allowed against any tax due for a taxable 31 year under s. 624.509 or s. 624.510. A credit against such 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 193 560-147A-97 1 tax is also allowed for the operation of a child care 2 facility, which credit is in the amount of $50 per month for 3 each child enrolled in the facility. 4 2. A credit is allowed against any tax due for a 5 taxable year under s. 624.509 or s. 624.510 for any insurer 6 that makes payments directly to a child care facility as 7 defined by s. 402.302 which is licensed in accordance with s. 8 402.305, which payments are made in the name of and for the 9 benefit of an employee of the insurer in this state whose 10 child attends the child care facility during the employee's 11 working hours. The credit shall be an amount equal to 50 12 percent of the amount of such child care payments. 13 (b) An insurer may not receive more than $50,000 in 14 annual tax credits for all approved child care costs that the 15 insurer incurs in any one year. 16 (c) The total amount of tax credits which may be 17 granted for all programs approved under this section and s. 18 220.19 is $2 million annually. 19 (d) An application for tax credit under this section 20 must be approved by the executive director. 21 (e) If the credit granted under this section is not 22 fully used in any one year because of insufficient tax 23 liability on the part of the insurer, the unused amount may be 24 carried forward for a period not to exceed 5 years. The 25 carryover credit may be used in a subsequent year when the tax 26 imposed by s. 624.509 or s. 624.510 for that year exceeds the 27 credit for which the insurer is eligible in that year under 28 this section. 29 (f) If an insurer that receives a credit for child 30 care facility startup costs fails to operate that facility for 31 at least 5 years, a pro rata share of the credit must be 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 193 560-147A-97 1 repaid, in accordance with the formula: A = C x (1 - (N/60)), 2 where: 3 1. "A" is the amount in dollars of the required 4 repayment. 5 2. "C" is the total credits taken by the insurer for 6 child care facility startup costs. 7 3. "N" is the number of months the facility was in 8 operation. 9 10 This repayment requirement is inapplicable if the insurer goes 11 out of business or can demonstrate to the department that its 12 employees no longer want to have a child care facility. 13 (3) ELIGIBILITY REQUIREMENTS.-- 14 (a) A child care facility with respect to which an 15 insurer claims a child care tax credit must be a child care 16 facility as defined by s. 402.302 and must be licensed in 17 accordance with s. 402.305. 18 (b) The services of a child care facility for which an 19 insurer claims a child care tax credit under subparagraph 20 (2)(a)1. must be available to all employees of the insurer 21 whose workplace is within 5 miles of the child care facility, 22 or must be allocated on a first-come, first-served basis, and 23 must be used exclusively by employees of the insurer. 24 (c) Child care payments for which an insurer claims a 25 credit under subparagraph (2)(a)2. shall not exceed the amount 26 charged by the child care facility to other children of like 27 age and abilities of persons not employed by the insurer. 28 (4) APPLICATION REQUIREMENTS.--Any insurer that wishes 29 to participate in this program must submit to the department 30 an application for tax credit which sets forth the proposal 31 for establishing a child care facility for the exclusive use 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 193 560-147A-97 1 of its employees or for payment of the cost of child care for 2 its employees. This application must state the anticipated 3 startup costs and the number of children to be enrolled, in 4 the case of credit claimed under subparagraph (2)(a)1., or the 5 number of children for whom child care costs will be paid, in 6 the case of credit claimed under subparagraph (2)(a)2. 7 (5) ADMINISTRATION.-- 8 (a) The Department of Revenue may adopt all rules 9 necessary to administer this section, including rules for the 10 approval or disapproval of proposals submitted by insurers. 11 (b) The executive director's decision to approve or 12 disapprove a proposal must be in writing, and, if the proposal 13 is approved, the decision must state the maximum credit 14 allowable to the insurer. 15 (6) EXPIRATION.--This section expires on June 30, 16 2007, except that paragraph (2)(e), which relates to carryover 17 credits, and paragraph (2)(f), which relates to repaying tax 18 credits in specified circumstances, do not expire on that 19 date. 20 Section 6. This act shall take effect June 30, 1997. 21 22 ***************************************** 23 HOUSE SUMMARY 24 Provides a credit against the corporate income tax or insurance premium taxes for 50 percent of child care 25 facility startup costs and for operation of the facility in the amount of $50 per month per child enrolled in the 26 facility, and for 50 percent of payments made to a child care facility on behalf of an employee for care of the 27 employee's child. Provides limitations and requires refund of a pro rata portion of the startup credit if the 28 facility is not operated for 5 years. Provides for administration by the Department of Revenue and for 29 expiration of the credits in 10 years. 30 31 10