House Bill 3351c1

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    Florida House of Representatives - 1998             CS/HB 3351

        By the Committee on Colleges & Universities and
    Representatives Fasano and Murman





  1                      A bill to be entitled

  2         An act relating to corporate income tax;

  3         amending s. 220.15, F.S., which provides for

  4         apportionment of adjusted federal income for

  5         corporate income tax purposes; providing that

  6         the property factor fraction shall not include

  7         property certified as dedicated to research and

  8         development pursuant to sponsored research

  9         conducted through a state university; providing

10         that the payroll factor shall not include

11         compensation paid to employees certified as

12         dedicated to such activities; providing that no

13         such activities shall cause a corporation not

14         otherwise subject to corporate income tax to be

15         subject to said tax; providing limitations;

16         providing for rules; requiring a report;

17         providing an effective date.

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19  Be It Enacted by the Legislature of the State of Florida:

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21         Section 1.  Paragraph (c) is added to subsection (2)

22  and paragraph (c) is added to subsection (4) of section

23  220.15, Florida Statutes, and subsection (8) is added to said

24  section, to read:

25         220.15  Apportionment of adjusted federal income.--

26         (2)  The property factor is a fraction the numerator of

27  which is the average value of the taxpayer's real and tangible

28  personal property owned or rented and used in this state

29  during the taxable year or period and the denominator of which

30  is the average value of such property owned or rented and used

31  everywhere.

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    Florida House of Representatives - 1998             CS/HB 3351

    184-271-98






  1         (c)  The property factor fraction shall not include any

  2  real or tangible personal property located in this state with

  3  respect to which it is certified to the Department of Revenue

  4  by the Board of Regents that such property is dedicated

  5  exclusively to research and development activities performed

  6  pursuant to sponsored research contracts conducted in

  7  conjunction with and through a state university.

  8         (4)  The payroll factor is a fraction the numerator of

  9  which is the total amount paid in this state during the

10  taxable year or period by the taxpayer for compensation and

11  the denominator of which is the total compensation paid

12  everywhere during the taxable year or period.

13         (c)  The payroll factor fraction shall not include any

14  compensation paid to any employee located in this state when

15  it is certified to the Department of Revenue by the Board of

16  Regents that such compensation was paid to employees dedicated

17  exclusively to research and development activities performed

18  pursuant to sponsored research contracts conducted in

19  conjunction with and through a state university.

20         (8)  No research and development activities certified

21  by the Board of Regents as being conducted in conjunction with

22  and through a state university within this state shall cause

23  any corporation to become subject to the taxes imposed by this

24  chapter if the corporation would otherwise not be subject to

25  the tax levied under this chapter. The property and payroll

26  eliminated from the apportionment formula pursuant to the

27  provisions of paragraphs (2)(c) and (4)(c) shall be eliminated

28  only for the duration of the contractual period specified in

29  the contracts for the conduct of the sponsored research. The

30  reduction in tax due as a result of the property and payroll

31  eliminated from the apportionment formula pursuant to the

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    Florida House of Representatives - 1998             CS/HB 3351

    184-271-98






  1  provisions of paragraphs (2)(c) and (4)(c) shall not exceed

  2  the amount paid to the state university for the conduct of the

  3  sponsored research. No sponsored research contracts in

  4  existence prior to July 1, 1998, shall be eligible to

  5  participate in the provisions of paragraphs (2)(c) and (4)(c).

  6         Section 2.  The Department of Revenue has authority to

  7  adopt rules pursuant to the Administrative Procedure Act to

  8  implement s. 220.15(2)(c), (4)(c), and (8), Florida Statutes,

  9  as created by this act. The Board of Regents shall monitor the

10  various sponsored research contracts and make a report to the

11  Speaker of the House of Representatives and to the President

12  of the Senate by February 1, 2000, which shall provide any

13  necessary information which indicates if the provisions of

14  this act have been successful in attracting additional

15  sponsored research contracts.

16         Section 3.  This act shall take effect July 1 of the

17  year in which enacted.

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