1 | A bill to be entitled |
2 | An act relating to tax credits for hiring a person who has |
3 | a disability; creating ss. 212.099 and 220.193, F.S.; |
4 | authorizing credits against the sales and use tax and the |
5 | corporate income tax, respectively, for hiring a person |
6 | who has a disability; providing conditions and procedures |
7 | for receiving the tax credit; authorizing rulemaking by |
8 | the Department of Revenue and the Department of Education; |
9 | providing criminal penalties; providing for future |
10 | expiration of the provisions; amending s. 220.02, F.S.; |
11 | providing legislative intent on the order in which to |
12 | claim the credit against corporate income tax; amending s. |
13 | 220.13, F.S.; providing for adjustments to taxable income |
14 | to account for the credit against corporate income tax; |
15 | providing for future expiration; providing an effective |
16 | date. |
17 |
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18 | Be It Enacted by the Legislature of the State of Florida: |
19 |
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20 | Section 1. Section 212.099, Florida Statutes, is created |
21 | to read: |
22 | 212.099 Credit for hiring a person who has a disability.-- |
23 | (1) As used in this section, the term "person who has a |
24 | disability" has the same meaning ascribed in s. 413.20 and in |
25 | rules of the Division of Vocational Rehabilitation of the |
26 | Department of Education which implement that section and part II |
27 | of chapter 413. |
28 | (2)(a) Beginning January 1, 2005, there shall be allowed a |
29 | credit against the tax remitted under this chapter for a |
30 | business that demonstrates to the department that it has hired, |
31 | on or after July 1, 2004, a person who has a disability. |
32 | (b) The credit shall be computed as 20 percent of the |
33 | actual monthly wages paid in this state during the taxable |
34 | period to each employee who is a person who has a disability. |
35 | The credit may be claimed for a maximum of five eligible |
36 | employees per taxable period and may not exceed $670 per |
37 | eligible employee per month. |
38 | (3)(a) The credit under this section applies only with |
39 | respect to wages subject to unemployment tax. |
40 | (b) The credit does not apply for an employee who: |
41 | 1. Works fewer than 80 hours per month; or |
42 | 2. Is employed for a period of less than 3 calendar |
43 | months. |
44 | (4) A business that uses a credit under this section |
45 | against the tax imposed by this chapter may not take the credit |
46 | under s. 220.193 against the tax imposed by chapter 220. |
47 | (5) Credit under this section is not allowed for a month |
48 | in which the tax due for such period or the tax return required |
49 | under s. 212.11 for such period is delinquent. |
50 | (6) If a business has a credit larger than the amount owed |
51 | the state on the tax return for the period in which the credit |
52 | is claimed, the amount of the credit for that time period is the |
53 | amount owed the state on that tax return. |
54 | (7) Before claiming a credit under this section, a |
55 | business must obtain from the Division of Vocational |
56 | Rehabilitation of the Department of Education a written |
57 | verification that the employee who is the basis for the credit |
58 | is a person who has a disability. The division may adopt rules |
59 | under ss. 120.536(1) and 120.54 to administer this subsection, |
60 | including, but not limited to, rules governing the process for |
61 | applying for the verification and the criteria for evaluating an |
62 | application for verification. |
63 | (8) To receive the credit under this section, a business |
64 | must demonstrate to the department that it has satisfied the |
65 | conditions and requirements of this section. The department may |
66 | adopt rules under ss. 120.536(1) and 120.54 to administer this |
67 | section, including, but not limited to, rules governing the |
68 | procedures and forms to claim a credit and the guidelines for |
69 | approval or disapproval of the claim. |
70 | (9)(a) A person who fraudulently claims a credit under |
71 | this section is liable for repayment of the credit, plus a |
72 | mandatory penalty in the amount of 100 percent of the credit, |
73 | plus interest at the rate provided in this chapter, and commits |
74 | a misdemeanor of the first degree, punishable as provided in s. |
75 | 775.082 or s. 775.083. |
76 | (b) A person who makes an underpayment of tax as a result |
77 | of a grossly overstated claim for this credit commits a felony |
78 | of the third degree, punishable as provided in s. 775.082 or s. |
79 | 775.083. For the purposes of this paragraph, the term "grossly |
80 | overstated claim" means a claim in an amount in excess of 100 |
81 | percent of the amount of credit allowable under this section. |
82 | (10) This section expires on June 30, 2009; however, the |
83 | expiration of this section does not affect the operation of any |
84 | credit for which a taxpayer has qualified under this section |
85 | before June 30, 2009. |
86 | Section 2. Section 220.193, Florida Statutes, is created |
87 | to read: |
88 | 220.193 Credit for hiring a person who has a disability.-- |
89 | (1) As used in this section, the term "person who has a |
90 | disability" has the same meaning ascribed in s. 413.20 and in |
91 | rules of the Division of Vocational Rehabilitation of the |
92 | Department of Education which implement that section and part II |
93 | of chapter 413. |
94 | (2)(a) Beginning January 1, 2005, there shall be allowed a |
95 | credit against the tax imposed by this chapter to a taxpayer |
96 | that demonstrates to the department that it has hired, on or |
97 | after July 1, 2004, a person who has a disability. |
98 | (b) The credit shall be computed as 20 percent of the |
99 | actual monthly wages paid in this state during the taxable |
100 | period to each employee who is a person who has a disability. |
101 | The credit may be claimed for a maximum of five eligible |
102 | employees per taxable period and may not exceed $8,000 per |
103 | eligible employee each taxable year. |
104 | (3)(a) The credit under this section applies only with |
105 | respect to wages subject to unemployment tax. |
106 | (b) The credit does not apply for an employee who: |
107 | 1. Works fewer than 80 hours per month; or |
108 | 2. Is employed for a period of less than 3 calendar |
109 | months. |
110 | (4) A taxpayer that uses a credit granted under this |
111 | section against the tax imposed by this chapter may not take the |
112 | credit granted under s. 212.099 against the tax imposed by |
113 | chapter 212. |
114 | (5) If the credit is not fully used in any one year, the |
115 | unused amount may be carried forward for a period not to exceed |
116 | 5 years. The carryover credit may be used in a subsequent year |
117 | if the tax imposed by this chapter for such year exceeds the |
118 | credit for such year after applying the other credits and unused |
119 | credit carryovers in the order provided in s. 220.02. |
120 | (6) Before claiming a credit under this section, a |
121 | taxpayer must obtain from the Division of Vocational |
122 | Rehabilitation of the Department of Education a written |
123 | verification that the employee who is the basis for the credit |
124 | is a person who has a disability. The division may adopt rules |
125 | under ss. 120.536(1) and 120.54 to administer this subsection, |
126 | including, but not limited to, rules governing the process for |
127 | applying for the verification and the criteria for evaluating an |
128 | application for verification. |
129 | (7) To receive the credit under this section, a taxpayer |
130 | must demonstrate to the department that it has satisfied the |
131 | conditions and requirements of this section. The department may |
132 | adopt rules under ss. 120.536(1) and 120.54 to administer this |
133 | section, including, but not limited to, rules governing the |
134 | procedures and forms to claim a credit and the guidelines for |
135 | approval or disapproval of the claim. |
136 | (8)(a) A person who fraudulently claims a credit under |
137 | this section is liable for repayment of the credit, plus a |
138 | mandatory penalty in the amount of 100 percent of the credit, |
139 | plus interest at the rate provided in s. 220.807, and commits a |
140 | misdemeanor of the first degree, punishable as provided in s. |
141 | 775.082 or s. 775.083. |
142 | (b) A person who makes an underpayment of tax as a result |
143 | of a grossly overstated claim for this credit commits a felony |
144 | of the third degree, punishable as provided in s. 775.082 or s. |
145 | 775.083. For the purposes of this paragraph, the term "grossly |
146 | overstated claim" means a claim in an amount in excess of 100 |
147 | percent of the amount of credit allowable under this section. |
148 | (9) This section expires on June 30, 2009; however, the |
149 | expiration of this section does not affect the operation of any |
150 | credit for which a taxpayer has qualified under this section |
151 | before June 30, 2009, or any carryforward of unused credit |
152 | amounts as provided in subsection (5). |
153 | Section 3. Subsection (8) of section 220.02, Florida |
154 | Statutes, is amended to read: |
155 | 220.02 Legislative intent.-- |
156 | (8) It is the intent of the Legislature that credits |
157 | against either the corporate income tax or the franchise tax be |
158 | applied in the following order: those enumerated in s. 631.828, |
159 | those enumerated in s. 220.191, those enumerated in s. 220.181, |
160 | those enumerated in s. 220.183, those enumerated in s. 220.182, |
161 | those enumerated in s. 220.1895, those enumerated in s. 221.02, |
162 | those enumerated in s. 220.184, those enumerated in s. 220.186, |
163 | those enumerated in s. 220.1845, those enumerated in s. 220.19, |
164 | those enumerated in s. 220.185, and those enumerated in s. |
165 | 220.187, and those enumerated in s. 220.193. |
166 | Section 4. Paragraph (a) of subsection (1) of section |
167 | 220.13, Florida Statutes, is amended to read: |
168 | 220.13 "Adjusted federal income" defined.-- |
169 | (1) The term "adjusted federal income" means an amount |
170 | equal to the taxpayer's taxable income as defined in subsection |
171 | (2), or such taxable income of more than one taxpayer as |
172 | provided in s. 220.131, for the taxable year, adjusted as |
173 | follows: |
174 | (a) Additions.--There shall be added to such taxable |
175 | income: |
176 | 1. The amount of any tax upon or measured by income, |
177 | excluding taxes based on gross receipts or revenues, paid or |
178 | accrued as a liability to the District of Columbia or any state |
179 | of the United States which is deductible from gross income in |
180 | the computation of taxable income for the taxable year. |
181 | 2. The amount of interest which is excluded from taxable |
182 | income under s. 103(a) of the Internal Revenue Code or any other |
183 | federal law, less the associated expenses disallowed in the |
184 | computation of taxable income under s. 265 of the Internal |
185 | Revenue Code or any other law, excluding 60 percent of any |
186 | amounts included in alternative minimum taxable income, as |
187 | defined in s. 55(b)(2) of the Internal Revenue Code, if the |
188 | taxpayer pays tax under s. 220.11(3). |
189 | 3. In the case of a regulated investment company or real |
190 | estate investment trust, an amount equal to the excess of the |
191 | net long-term capital gain for the taxable year over the amount |
192 | of the capital gain dividends attributable to the taxable year. |
193 | 4. That portion of the wages or salaries paid or incurred |
194 | for the taxable year which is equal to the amount of the credit |
195 | allowable for the taxable year under s. 220.181. The provisions |
196 | of this subparagraph shall expire and be void on June 30, 2005. |
197 | 5. That portion of the ad valorem school taxes paid or |
198 | incurred for the taxable year which is equal to the amount of |
199 | the credit allowable for the taxable year under s. 220.182. The |
200 | provisions of this subparagraph shall expire and be void on June |
201 | 30, 2005. |
202 | 6. The amount of emergency excise tax paid or accrued as a |
203 | liability to this state under chapter 221 which tax is |
204 | deductible from gross income in the computation of taxable |
205 | income for the taxable year. |
206 | 7. That portion of assessments to fund a guaranty |
207 | association incurred for the taxable year which is equal to the |
208 | amount of the credit allowable for the taxable year. |
209 | 8. In the case of a nonprofit corporation which holds a |
210 | pari-mutuel permit and which is exempt from federal income tax |
211 | as a farmers' cooperative, an amount equal to the excess of the |
212 | gross income attributable to the pari-mutuel operations over the |
213 | attributable expenses for the taxable year. |
214 | 9. The amount taken as a credit for the taxable year under |
215 | s. 220.1895. |
216 | 10. Up to nine percent of the eligible basis of any |
217 | designated project which is equal to the credit allowable for |
218 | the taxable year under s. 220.185. |
219 | 11. The amount taken as a credit for the taxable year |
220 | under s. 220.187. |
221 | 12. The amount taken as a credit for the taxable year |
222 | under s. 220.193. This subparagraph expires on June 30, 2009. |
223 | Section 5. This act shall take effect July 1, 2004. |