House Bill hb0271e1

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




                                    CS/HB 271, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to corporate income tax;

  3         creating s. 220.187, F.S.; providing purpose;

  4         providing definitions; providing a credit

  5         against said tax for contributions to a

  6         nonprofit scholarship funding organization;

  7         providing limitations; providing for use of

  8         such contributions by such organizations for

  9         scholarships for certain children and providing

10         requirements and limitations with respect

11         thereto; providing for annual funding through

12         the General Appropriations Act; providing for

13         allocation; providing duties of the Department

14         of Revenue and Department of Education;

15         providing for rules; amending s. 220.02, F.S.;

16         providing order of credits against the tax;

17         amending s. 220.13, F.S.; providing for the

18         inclusion of amounts taken as credit under s.

19         220.187, F.S., in determining a taxpayer's

20         adjusted federal income; providing an effective

21         date.

22

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

24

25         Section 1.  Section 220.187, Florida Statutes, is

26  created to read:

27         220.187  Credits for contributions to nonprofit

28  scholarship funding organizations.--

29         (1)  PURPOSE.--The purpose of this section is to:

30         (a)  Provide a tax credit for certain contributions to

31  a nonprofit scholarship funding organization.


                                  1

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






                                    CS/HB 271, First Engrossed/ntc



  1         (b)  Expand educational opportunities for children of

  2  families that have limited financial resources.

  3         (c)  Enable children in this state to achieve a greater

  4  level of excellence in their education.

  5         (2)  DEFINITIONS.--As used in this section:

  6         (a)  "Eligible contribution" means a monetary

  7  contribution from a corporation, subject to the restrictions

  8  provided in this section, to an eligible nonprofit scholarship

  9  funding organization, if the taxpayer making the contribution

10  does not designate a specific child as the beneficiary of the

11  contribution.

12         (b)  "Eligible nonpublic school" means a nonpublic

13  school located in Florida that offers a general education to

14  K-12 students and complies with the antidiscrimination

15  provisions of 42 U.S.C. s. 2000d.

16         (c)  "Eligible nonprofit scholarship funding

17  organization" means a charitable organization that is exempt

18  from federal income tax pursuant to s. 501(c)(3) of the

19  Internal Revenue Code and that complies with the provisions of

20  subsection (4).

21         (3)  AMOUNT OF CREDIT.--A corporate taxpayer shall be

22  allowed a credit equal to 100 percent of all eligible

23  contributions made during a taxable year against any tax due

24  for that taxable year under this chapter. However, such a

25  credit shall not exceed 75 percent of the tax due under this

26  chapter for the taxable year after the application of any

27  other allowable credits by the taxpayer.

28         (4)  ELIGIBLE NONPROFIT SCHOLARSHIP FUNDING

29  ORGANIZATION OBLIGATIONS.--

30         (a)  An eligible nonprofit scholarship funding

31  organization shall provide scholarships from eligible


                                  2

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






                                    CS/HB 271, First Engrossed/ntc



  1  contributions to children from families that meet the income

  2  eligibility guidelines for free and reduced price lunch meals

  3  pursuant to the National School Lunch Act for:

  4         1.  Any expenses, including, but not limited to,

  5  tuition, textbook, and transportation expenses, at an eligible

  6  nonpublic school;

  7         2.  Instructional expenses for participation in a home

  8  education program as defined in s. 232.0201; or

  9         3.  Transportation expenses to a Florida public school

10  that is located outside of the district in which the student

11  resides.

12         (b)  The amount of a scholarship provided to any child

13  for any single school year by all eligible nonprofit

14  scholarship funding organizations from eligible contributions

15  shall not exceed the following annual limits:

16         1.  $4,000 for a scholarship awarded to a student

17  enrolled in an eligible nonpublic school.

18         2.  $1,000 for a scholarship awarded to a student

19  enrolled in a home education program as defined in s.

20  232.0201.

21         3.  $500 for a scholarship awarded to a student

22  enrolled in a Florida public school that is located outside of

23  the district in which the student resides.

24         (c)  An eligible nonprofit scholarship funding

25  organization shall allocate over a 5-year period 100 percent

26  of the annual eligible contributions received for scholarships

27  awarded pursuant to this subsection. At least 20 percent of

28  the eligible contributions received by the organization must

29  be disbursed each year. No portion of eligible contributions

30  may be used for administrative expenses.

31


                                  3

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






                                    CS/HB 271, First Engrossed/ntc



  1         (5)  FUNDING.--The total statewide amount authorized

  2  for the tax credit provided by this section shall be annually

  3  established in the General Appropriations Act and shall be

  4  allocated to corporations on a first-come, first-served basis.

  5  However, five percent of the total statewide amount authorized

  6  for the tax credit shall be reserved for taxpayers who meet

  7  the definition of a small business as defined in s.288.703(1),

  8  F.S., at the time of application. If on any day the amount of

  9  tax credits applied for and qualified for approval exceeds the

10  funding provided pursuant to this subsection that remains

11  available to be allocated, the Department of Revenue shall

12  prorate the credits among all corporations applying during

13  that day, as evidenced by the postmark or other identification

14  of the application date, which are qualified for approval, and

15  inform each corporation of the approved amount.

16         (6)  ADMINISTRATION; RULES.--

17         (a)  If the credit granted pursuant to this section is

18  not fully used in any one year, the unused amount may not be

19  carried forward. A taxpayer may not convey, assign, or

20  transfer the credit authorized by this section to another

21  entity unless all of the assets of the taxpayer are conveyed,

22  assigned, or transferred in the same transaction.

23         (b)  An application for a tax credit pursuant to this

24  section shall be submitted to the Department of Revenue on

25  forms established by rule of the Department of Revenue.

26         (c)  The Department of Revenue and the Department of

27  Education shall develop a cooperative agreement to assist in

28  the administration of this section. The Department of

29  Education shall be responsible for annually submitting to the

30  Department of Revenue a list of eligible nonprofit scholarship

31


                                  4

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






                                    CS/HB 271, First Engrossed/ntc



  1  funding organizations that meet the requirements of paragraph

  2  (2)(c).

  3         (d)  The Department of Revenue shall adopt rules

  4  necessary to administer this section, including rules

  5  establishing application forms and procedures.

  6         (e)  The Department of Education shall adopt rules

  7  necessary to confirm compliance of nonprofit scholarship

  8  funding organizations.

  9         Section 2.  Subsection (8) of section 220.02, Florida

10  Statutes, is amended to read:

11         220.02  Legislative intent.--

12         (8)  It is the intent of the Legislature that credits

13  against either the corporate income tax or the franchise tax

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

15  631.828, those enumerated in s. 220.191, those enumerated in

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

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

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

19  enumerated in s. 220.186, those enumerated in s. 220.1845,

20  those enumerated in s. 220.19, and those enumerated in s.

21  220.185, and those enumerated in s. 220.187.

22         Section 3.  Paragraph (a) of subsection (1) of section

23  220.13, Florida Statutes, is amended to read:

24         220.13  "Adjusted federal income" defined.--

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

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

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

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

29  adjusted as follows:

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

31  income:


                                  5

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






                                    CS/HB 271, First Engrossed/ntc



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

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

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

  4  state of the United States which is deductible from gross

  5  income in the computation of taxable income for the taxable

  6  year.

  7         2.  The amount of interest which is excluded from

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

  9  any other federal law, less the associated expenses disallowed

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

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

12  of any amounts included in alternative minimum taxable income,

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

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

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

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

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

18  amount of the capital gain dividends attributable to the

19  taxable year.

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

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

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

23  The provisions of this subparagraph shall expire and be void

24  on June 30, 2005.

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

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

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

28  The provisions of this subparagraph shall expire and be void

29  on June 30, 2005.

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

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


                                  6

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






                                    CS/HB 271, First Engrossed/ntc



  1  deductible from gross income in the computation of taxable

  2  income for the taxable year.

  3         7.  That portion of assessments to fund a guaranty

  4  association incurred for the taxable year which is equal to

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

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

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

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

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

10  over the attributable expenses for the taxable year.

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

12  under s. 220.1895.

13         10.  Up to nine percent of the eligible basis of any

14  designated project which is equal to the credit allowable for

15  the taxable year under s. 220.185.

16         11.  The amount taken as a credit for the taxable year

17  under s. 220.187.

18         Section 4.  This act shall take effect January 1, 2002.

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  7

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