Senate Bill sb1794c1

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    Florida Senate - 2003                           CS for SB 1794

    By the Committee on Military and Veterans' Affairs, Base
    Protection, and Spaceports; and Senator Hill




    301-2105-03

  1                      A bill to be entitled

  2         An act relating to military service family

  3         relief; providing a short title; creating s.

  4         220.1881, F.S.; providing definitions;

  5         authorizing corporations to claim a credit

  6         against certain taxes for salaries paid to

  7         military reservists on active duty; providing a

  8         limitation; providing requirements; creating s.

  9         212.0961, F.S.; providing definitions;

10         authorizing sales credits; providing a

11         limitation; providing requirements; amending s.

12         220.02, F.S.; specifying order of application

13         of tax credits; amending s. 220.13, F.S.;

14         redefining the term "adjusted federal income"

15         to conform; providing an appropriation;

16         providing for emergency rulemaking; providing

17         for retroactive operation; providing an

18         effective date.

19  

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

21  

22         Section 1.  This act may be cited as the "First

23  Sergeant Carey Baker Military Relief Act."

24         Section 2.  Section 220.1881, Florida Statutes, is

25  created to read:

26         220.1881  Credits for salary paid to military

27  reservists while on active duty.--

28         (1)  DEFINITIONS.--As used in this section, the term:

29         (a)  "Salary" means the cash compensation for personal

30  services or labor rendered for a specific period of time.

31  Benefits, including, but not limited to, life insurance,

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    Florida Senate - 2003                           CS for SB 1794
    301-2105-03




 1  health insurance, cafeteria plans, or pension contributions,

 2  are excluded from the term salary.

 3         (b)  "Full month" means either a calendar month or the

 4  time period from any day of any month to the corresponding day

 5  of the next succeeding month or, if there is no corresponding

 6  day in the next succeeding month, the last day of the next

 7  succeeding month.

 8         (c)  "Military reservist" includes any Florida resident

 9  who is a member of the National Guard or reserve forces of the

10  United States Military and has been called to federal active

11  duty.

12         (2)  AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS ON

13  INDIVIDUAL AND TOTAL CREDITS.--

14         (a)  There is allowed a credit against the tax due in

15  this chapter for the salary paid to a military reservist while

16  the military reservist is on active duty.  The credit for each

17  military reservist is limited to the salary paid to the

18  military reservist prior to being called to active duty less

19  the amount of the military reservist's active duty base pay,

20  special duty pay, and housing allowance.  The determination of

21  the salary paid to the military reservist prior to being

22  called to active duty shall be based on the first full month

23  of employment immediately prior to activation.

24         (b)  Taxpayers may claim credit for each military

25  reservist under this section, s. 212.0961, or both, so long as

26  the total credit claimed for each reservist does not exceed

27  the amount determined in paragraph (a).

28         (c)  If the credit granted pursuant to this section is

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

30  carried forward for a period of up to 5 years.

31         (3)  ADMINISTRATION; RULES.--

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    Florida Senate - 2003                           CS for SB 1794
    301-2105-03




 1         (a)  A taxpayer may not convey, assign, or transfer the

 2  credit authorized by this section to another entity unless all

 3  of the assets of the taxpayer are conveyed, assigned, or

 4  transferred to that entity in the same transaction.

 5         (b)  Taxpayers claiming this credit must substantiate,

 6  by means of adequate records, their eligibility for this

 7  credit, and the amount of credit claimed.

 8         (c)  The provisions of this section, except for the

 9  carryover provision in subsection (2), shall expire December

10  31, 2005.

11         Section 3.  Section 212.0961, Florida Statutes, is

12  created to read:

13         212.0961  Credits for salary paid to military

14  reservists while on active duty.

15         (1) DEFINITIONS.--As used in this section, the term:

16         (a)  "Salary" means the cash compensation for personal

17  services or labor rendered for a specific period of time.

18  Benefits, including, but not limited to, life insurance,

19  health insurance, cafeteria plans, or pension contributions,

20  are excluded from the term salary.

21         (b)  "Full month" means either a calendar month or the

22  time period from any day of any month to the corresponding day

23  of the next succeeding month or, if there is no corresponding

24  day in the next succeeding month, the last day of the next

25  succeeding month.

26         (c)  "Military reservist" includes any Florida resident

27  who is a member of the National Guard or reserve forces of the

28  United States Military and has been called to federal active

29  duty.

30         (2)  AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS ON

31  INDIVIDUAL AND TOTAL CREDITS.--

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    Florida Senate - 2003                           CS for SB 1794
    301-2105-03




 1         (a)  There is allowed a credit against the tax due in

 2  the chapter for the salary paid to a military reservist while

 3  the military reservist is on active duty.  The credit for each

 4  military reservist is limited to the salary paid to the

 5  military reservist prior to being called to active duty less

 6  the amount of the military reservist's active duty base pay,

 7  special duty pay, and housing allowance.  The determination of

 8  the salary paid to the military reservist prior to being

 9  called to active duty shall be based on the first full month

10  of employment immediately prior to activation.

11         (b)  Taxpayers may claim credit for each military

12  reservist under this section, s. 220.1881, or both, so long as

13  the total credit claimed for each reservist does not exceed

14  the amount determined in paragraph (a).

15         (c)  If the credit granted pursuant to this section is

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

17  carried forward for a period of up to 5 years.

18         (3)  ADMINISTRATION; RULES.--

19         (a)  A taxpayer may not convey, assign, or transfer the

20  credit authorized by this section to another entity unless all

21  of the assets of the taxpayer are conveyed, assigned, or

22  transferred to that entity in the same transaction.

23         (b)  Taxpayers claiming this credit must substantiate,

24  by means of adequate records, their eligibility for this

25  credit, and the amount of credit claimed.

26         (c)  The provisions of this section, except for the

27  carryover provision in subsection (2), shall expire December

28  31, 2005.

29         Section 4.  Subsection (8) of section 220.02, Florida

30  Statutes, is amended to read:

31         220.02  Legislative intent.--

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    Florida Senate - 2003                           CS for SB 1794
    301-2105-03




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

 2  against either the corporate income tax or the franchise tax

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

 4  631.828, those enumerated in s. 220.191, those enumerated in

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

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

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

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

 9  those enumerated in s. 220.19, those enumerated in s. 220.185,

10  and those enumerated in s. 220.187, and those enumerated in s.

11  220.1881.

12         Section 5.  Paragraph (a) of subsection (1) of section

13  220.13, Florida Statutes, is amended to read:

14         220.13  "Adjusted federal income" defined.--

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

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

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

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

19  adjusted as follows:

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

21  income:

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

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

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

25  state of the United States which is deductible from gross

26  income in the computation of taxable income for the taxable

27  year.

28         2.  The amount of interest which is excluded from

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

30  any other federal law, less the associated expenses disallowed

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

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    Florida Senate - 2003                           CS for SB 1794
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 1  Internal Revenue Code or any other law, excluding 60 percent

 2  of any amounts included in alternative minimum taxable income,

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

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

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

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

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

 8  amount of the capital gain dividends attributable to the

 9  taxable year.

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

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

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

13  The provisions of this subparagraph shall expire and be void

14  on June 30, 2005.

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

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

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

18  The provisions of this subparagraph shall expire and be void

19  on June 30, 2005.

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

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

22  deductible from gross income in the computation of taxable

23  income for the taxable year.

24         7.  That portion of assessments to fund a guaranty

25  association incurred for the taxable year which is equal to

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

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

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

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

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

31  over the attributable expenses for the taxable year.

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    Florida Senate - 2003                           CS for SB 1794
    301-2105-03




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

 2  under s. 220.1895.

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

 4  designated project which is equal to the credit allowable for

 5  the taxable year under s. 220.185.

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

 7  under s. 220.187.

 8         12.  The amount taken as a credit for the taxable year

 9  under s. 220.1881.

10         Section 6.  The sum of $200,000 is appropriated from

11  the General Revenue Fund to the Department of Revenue for the

12  purpose of administering this act.

13         Section 7.  The provisions of chapter 120, Florida

14  Statutes, to the contrary notwithstanding, the Department of

15  Revenue may adopt emergency rules to carry out this act, which

16  rules shall remain in effect for 6 months from the date of

17  adoption.

18         Section 8.  This act shall take effect upon becoming a

19  law and shall operate retroactively to January 1, 2003.

20  

21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                         Senate Bill 1794

23                                 

24  The committee substitute redesignates the act as the "First
    Sergeant Carey Baker Military Relief Act".  The committee
25  substitute codifies the tax credit provisions and provides for
    administration, rule-making, and an appropriation. The
26  committee substitute deletes provisions revising compensation
    for active-duty military reservists employed by state and
27  local governments.

28  

29  

30  

31  

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