CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No. 4

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  The Committee on Fiscal Policy recommended the following

12  amendment:

13

14         Senate Amendment (with title amendment) 

15         On page 45, line 27, delete that line

16

17  and insert:

18         Section 21.  Subsection (10) of section 220.02, Florida

19  Statutes, 1998 Supplement, is amended to read:

20         220.02  Legislative intent.--

21         (10)  It is the intent of the Legislature that credits

22  against either the corporate income tax or the franchise tax

23  be applied in the following order: those enumerated in s.

24  220.68, those enumerated in s. 220.18, those enumerated in s.

25  631.828, those enumerated in s. 220.191, those enumerated in

26  s. 220.181, those enumerated in s. 220.183, those enumerated

27  in s. 220.182, those enumerated in s. 220.1895, those

28  enumerated in s. 221.02, those enumerated in s. 220.184, those

29  enumerated in s. 220.186, those enumerated in s. 220.188,

30  those enumerated in s. 220.1845, and those enumerated in s.

31  220.19, and those enumerated in s. 220.185.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No. 4





 1         Section 22.  Effective July 1, 2000, subsection (10) of

 2  section 220.02, Florida Statutes, 1998 Supplement, as amended

 3  by chapter 98-132, Laws of Florida, is amended to read:

 4         220.02  Legislative intent.--

 5         (10)  It is the intent of the Legislature that credits

 6  against either the corporate income tax or the franchise tax

 7  be applied in the following order: those enumerated in s.

 8  220.18, those enumerated in s. 631.828, those enumerated in s.

 9  220.191, those enumerated in s. 220.181, those enumerated in

10  s. 220.183, those enumerated in s. 220.182, those enumerated

11  in s. 220.1895, those enumerated in s. 221.02, those

12  enumerated in s. 220.184, those enumerated in s. 220.186,

13  those enumerated in s. 220.188, those enumerated in s.

14  220.1845, and those enumerated in s. 220.19, and those

15  enumerated in s. 220.185.

16         Section 23.  Paragraph (a) of subsection (1) of section

17  220.13, Florida Statutes, 1998 Supplement, is amended to read:

18         220.13  "Adjusted federal income" defined.--

19         (1)  The term "adjusted federal income" means an amount

20  equal to the taxpayer's taxable income as defined in

21  subsection (2), or such taxable income of more than one

22  taxpayer as provided in s. 220.131, for the taxable year,

23  adjusted as follows:

24         (a)  Additions.--There shall be added to such taxable

25  income:

26         1.  The amount of any tax upon or measured by income,

27  excluding taxes based on gross receipts or revenues, paid or

28  accrued as a liability to the District of Columbia or any

29  state of the United States which is deductible from gross

30  income in the computation of taxable income for the taxable

31  year.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No. 4





 1         2.  The amount of interest which is excluded from

 2  taxable income under s. 103(a) of the Internal Revenue Code or

 3  any other federal law, less the associated expenses disallowed

 4  in the computation of taxable income under s. 265 of the

 5  Internal Revenue Code or any other law, excluding 60 percent

 6  of any amounts included in alternative minimum taxable income,

 7  as defined in s. 55(b)(2) of the Internal Revenue Code, if the

 8  taxpayer pays tax under s. 220.11(3).

 9         3.  In the case of a regulated investment company or

10  real estate investment trust, an amount equal to the excess of

11  the net long-term capital gain for the taxable year over the

12  amount of the capital gain dividends attributable to the

13  taxable year.

14         4.  That portion of the wages or salaries paid or

15  incurred for the taxable year which is equal to the amount of

16  the credit allowable for the taxable year under s. 220.181.

17  The provisions of this subparagraph shall expire and be void

18  on June 30, 2005.

19         5.  That portion of the ad valorem school taxes paid or

20  incurred for the taxable year which is equal to the amount of

21  the credit allowable for the taxable year under s. 220.182.

22  The provisions of this subparagraph shall expire and be void

23  on June 30, 2005.

24         6.  The amount of emergency excise tax paid or accrued

25  as a liability to this state under chapter 221 which tax is

26  deductible from gross income in the computation of taxable

27  income for the taxable year.

28         7.  That portion of assessments to fund a guaranty

29  association incurred for the taxable year which is equal to

30  the amount of the credit allowable for the taxable year.

31         8.  In the case of a nonprofit corporation which holds

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No. 4





 1  a pari-mutuel permit and which is exempt from federal income

 2  tax as a farmers' cooperative, an amount equal to the excess

 3  of the gross income attributable to the pari-mutuel operations

 4  over the attributable expenses for the taxable year.

 5         9.  The amount taken as a credit for the taxable year

 6  under s. 220.1895.

 7         10.  Nine percent of the eligible basis of any

 8  designated project which is equal to the credit allowable for

 9  the taxable year under s. 220.185.

10         Section 24.  Except as otherwise expressly provided in

11  this act, this act shall take effect July 1, 1999.

12

13

14  ================ T I T L E   A M E N D M E N T ===============

15  And the title is amended as follows:

16         On page 4, line 16, after the semicolon

17

18  insert:

19         amending s. 220.02, F.S.; amending the list

20         specifying the order in which credits against

21         the corporate income tax or the franchise tax

22         must be applied, to conform to changes made by

23         this act; amending s. 220.13, F.S.; amending

24         the definition of the term "adjusted federal

25         income," to conform to changes made by this

26         act;

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28

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