1 | The Committee on Commerce recommends the following: |
2 |
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3 | Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to corporate income tax credits; amending |
7 | s. 220.02, F.S.; revising legislative intent; revising the |
8 | order of taking certain credits against the corporate |
9 | income tax or the franchise tax to include the corporate |
10 | income tax credit for certain small businesses providing |
11 | employee health care insurance; amending s. 220.13, F.S.; |
12 | revising additions to adjusted federal income to include |
13 | the corporate income tax credit for certain small |
14 | businesses providing employee health care insurance; |
15 | creating s. 220.192, F.S.; providing a credit against the |
16 | corporate income tax for certain small businesses for |
17 | providing employee health care insurance; providing |
18 | requirements, limitations, and eligibility criteria for |
19 | the credit; authorizing the Department of Revenue to adopt |
20 | rules; providing an effective date. |
21 |
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22 | Be It Enacted by the Legislature of the State of Florida: |
23 |
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24 | Section 1. Subsection (8) of section 220.02, Florida |
25 | Statutes, is amended to read: |
26 | 220.02 Legislative intent.-- |
27 | (8) It is the intent of the Legislature that credits |
28 | against either the corporate income tax or the franchise tax be |
29 | applied in the following order: those enumerated in s. 631.828, |
30 | those enumerated in s. 220.191, those enumerated in s. 220.181, |
31 | those enumerated in s. 220.183, those enumerated in s. 220.182, |
32 | those enumerated in s. 220.1895, those enumerated in s. 221.02, |
33 | those enumerated in s. 220.184, those enumerated in s. 220.186, |
34 | those enumerated in s. 220.1845, those enumerated in s. 220.19, |
35 | those enumerated in s. 220.185, and those enumerated in s. |
36 | 220.187, and those enumerated in s. 220.192. |
37 | Section 2. Paragraph (a) of subsection (1) of section |
38 | 220.13, Florida Statutes, is amended to read: |
39 | 220.13 "Adjusted federal income" defined.-- |
40 | (1) The term "adjusted federal income" means an amount |
41 | equal to the taxpayer's taxable income as defined in subsection |
42 | (2), or such taxable income of more than one taxpayer as |
43 | provided in s. 220.131, for the taxable year, adjusted as |
44 | follows: |
45 | (a) Additions.--There shall be added to such taxable |
46 | income: |
47 | 1. The amount of any tax upon or measured by income, |
48 | excluding taxes based on gross receipts or revenues, paid or |
49 | accrued as a liability to the District of Columbia or any state |
50 | of the United States which is deductible from gross income in |
51 | the computation of taxable income for the taxable year. |
52 | 2. The amount of interest which is excluded from taxable |
53 | income under s. 103(a) of the Internal Revenue Code or any other |
54 | federal law, less the associated expenses disallowed in the |
55 | computation of taxable income under s. 265 of the Internal |
56 | Revenue Code or any other law, excluding 60 percent of any |
57 | amounts included in alternative minimum taxable income, as |
58 | defined in s. 55(b)(2) of the Internal Revenue Code, if the |
59 | taxpayer pays tax under s. 220.11(3). |
60 | 3. In the case of a regulated investment company or real |
61 | estate investment trust, an amount equal to the excess of the |
62 | net long-term capital gain for the taxable year over the amount |
63 | of the capital gain dividends attributable to the taxable year. |
64 | 4. That portion of the wages or salaries paid or incurred |
65 | for the taxable year which is equal to the amount of the credit |
66 | allowable for the taxable year under s. 220.181. The provisions |
67 | of this subparagraph shall expire and be void on June 30, 2005. |
68 | 5. That portion of the ad valorem school taxes paid or |
69 | incurred for the taxable year which is equal to the amount of |
70 | the credit allowable for the taxable year under s. 220.182. The |
71 | provisions of this subparagraph shall expire and be void on June |
72 | 30, 2005. |
73 | 6. The amount of emergency excise tax paid or accrued as a |
74 | liability to this state under chapter 221 which tax is |
75 | deductible from gross income in the computation of taxable |
76 | income for the taxable year. |
77 | 7. That portion of assessments to fund a guaranty |
78 | association incurred for the taxable year which is equal to the |
79 | amount of the credit allowable for the taxable year. |
80 | 8. In the case of a nonprofit corporation which holds a |
81 | pari-mutuel permit and which is exempt from federal income tax |
82 | as a farmers' cooperative, an amount equal to the excess of the |
83 | gross income attributable to the pari-mutuel operations over the |
84 | attributable expenses for the taxable year. |
85 | 9. The amount taken as a credit for the taxable year under |
86 | s. 220.1895. |
87 | 10. Up to nine percent of the eligible basis of any |
88 | designated project which is equal to the credit allowable for |
89 | the taxable year under s. 220.185. |
90 | 11. The amount taken as a credit for the taxable year |
91 | under s. 220.187. |
92 | 12. The amount taken as a credit for the taxable year |
93 | under s. 220.192. |
94 | Section 3. Section 220.192, Florida Statutes, is created |
95 | to read: |
96 | 220.192 Credits for small businesses providing health care |
97 | insurance for their employees.-- |
98 | (1)(a) Retroactive to January 1, 2004, and applying on a |
99 | prorated basis to tax years ending on or after January 1, 2004, |
100 | there shall be allowed a credit against the tax imposed by this |
101 | chapter to any small business as defined by s. 288.703(1) that |
102 | provides health care insurance for its employees consisting of |
103 | the coverages provided in chapter 627. |
104 | (b) The credit shall be computed as the amount paid in |
105 | premiums by the business claiming the credit to provide health |
106 | care insurance for employees of the business, not to exceed |
107 | $1,000 per tax year. |
108 | (2)(a) If the credit is not fully used in any one year, |
109 | the unused amount may be carried forward for a period not to |
110 | exceed 5 years. The carryover credit may be used in a subsequent |
111 | year when the tax imposed by this chapter for such year exceeds |
112 | the credit for such year after applying the other credits and |
113 | unused credit carryovers in the order provided in s. 220.02(8). |
114 | (b) Small businesses shall provide documentation of |
115 | eligibility to claim the tax credit pursuant to this section to |
116 | the department in a form and manner prescribed by rules of the |
117 | department. |
118 | (c) The department shall adopt rules necessary to |
119 | administer this section, including rules establishing |
120 | application forms and procedures. |
121 | Section 4. This act shall take effect upon becoming a law. |