Senate Bill 0742c1

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    Florida Senate - 1998                            CS for SB 742

    By the Committee on Commerce and Economic Opportunities and
    Senators Clary and Diaz-Balart




    310-1694-98

  1                      A bill to be entitled

  2         An act relating to sponsored research and

  3         development; amending s. 220.15, F.S.;

  4         providing that certain property and payroll

  5         associated with sponsored research and

  6         development at a state university will be

  7         disregarded in calculating apportionment of

  8         adjusted federal income and that such research

  9         will not, alone, cause a corporation to incur

10         state income tax liability; authorizing the

11         Department of Revenue to adopt rules; requiring

12         a report; providing an effective date.

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

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

17  section 220.15, Florida Statutes, paragraph (c) is added to

18  subsection (4) of that section, and subsection (8) is added to

19  that section, to read:

20         220.15  Apportionment of adjusted federal income.--

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

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

23  personal property owned or rented and used in this state

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

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

26  everywhere.

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

28  real or tangible personal property located in this state that

29  is certified to the Department of Revenue by the Board of

30  Regents that such property is dedicated exclusively to

31  research and development activities performed pursuant to

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    Florida Senate - 1998                            CS for SB 742
    310-1694-98




  1  sponsored research contracts conducted in conjunction with and

  2  through a state university.

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

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

  5  taxable year or period by the taxpayer for compensation and

  6  the denominator of which is the total compensation paid

  7  everywhere during the taxable year or period.

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

  9  compensation paid to any employee located in this state that

10  is certified to the Department of Revenue by the Board of

11  Regents that such compensation was paid to employees dedicated

12  exclusively to research and development activities performed

13  pursuant to sponsored research contracts conducted in

14  conjunction with and through a state university.

15         (8)  No research and development activities certified

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

17  and through a state university within this state shall cause

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

19  chapter if the corporation would otherwise not be subject to

20  the tax levied herein. The property and payroll eliminated

21  from the apportionment formula pursuant to the provisions of

22  paragraphs (2)(c) and (4)(c) shall be eliminated only for the

23  duration of the contractual period specified in the contracts

24  for the conduct of the sponsored research. The reduction in

25  tax due as a result of the property and payroll eliminated

26  from the apportionment formula pursuant to the provisions of

27  paragraphs (2)(c) and (4)(c) may not exceed the amount paid to

28  the state university for the conduct of the sponsored

29  research. No sponsored research contracts in existence prior

30  to July 1, 1997, shall be eligible to participate in the

31  provisions of paragraphs (2)(c) and (4)(c).

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    Florida Senate - 1998                            CS for SB 742
    310-1694-98




  1         Section 2.  The Department of Revenue may adopt rules

  2  pursuant to the Administrative Procedure Act to implement

  3  paragraphs (2)(c) and (4)(c) and subsection (8) of section

  4  220.15, Florida Statutes, as created by this act. The Board of

  5  Regents shall monitor the various sponsored research contracts

  6  and make a report to the Legislature by February 1, 2000,

  7  which shall provide any necessary information which indicates

  8  if the provisions of this act have been successful in

  9  attracting additional sponsored research contracts.

10         Section 3.  This act shall take effect July 1, 1998.

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12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                              SB 742

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15  The committee substitute differs substantially from Senate
    Bill 742 by giving the Department of Revenue authority to
16  develop implementing rules pursuant to the Administrative
    Procedure Act, rather than directing the department to develop
17  rules. In addition, the committee substitute clarifies that
    the department's rule-making authority extends to all of the
18  measure's new provisions in s. 220.15, F.S., relating to
    sponsored research and development, rather than solely to
19  those contained in the new subsection (8).

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