Senate Bill sb0406c1

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    Florida Senate - 2004                            CS for SB 406

    By the Committee on Governmental Oversight and Productivity;
    and Senator Margolis




    302-2137-04

  1                      A bill to be entitled

  2         An act relating to the corporate income tax;

  3         creating s. 220.192, F.S.; providing a credit

  4         against the tax for contributions to nonprofit

  5         cultural organizations; providing legislative

  6         purpose; defining terms; providing limitations

  7         on individual credits; providing for

  8         administration by the Department of Revenue and

  9         the Division of Cultural Affairs of the

10         Department of State; requiring the department

11         and the division to adopt rules; creating s.

12         220.1921, F.S.; providing a tax credit for

13         donations to the Cultural Institutions Trust

14         Fund; providing that the unused amount of a

15         credit may not be carried forward; prohibiting

16         conveying, assigning, or transferring the

17         credit to another entity except as specified;

18         providing application procedures; providing for

19         rulemaking by the Department of Revenue and the

20         Department of State; amending s. 220.02, F.S.;

21         adding ss. 220.192 and 220.1921, F.S., to the

22         list that establishes the order in which

23         credits are to be applied; amending s. 220.13,

24         F.S.; redefining the term "adjusted federal

25         income," to conform; providing an effective

26         date.

27  

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

29  

30         Section 1.  Section 220.192, Florida Statutes, is

31  created to read:

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    Florida Senate - 2004                            CS for SB 406
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 1         220.192  Credits for contributions to nonprofit

 2  cultural organizations.--

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

 4  encourage private, voluntary contributions to organizations

 5  that promote cultural activities, either by encouraging the

 6  talents of creative individuals or by helping to provide an

 7  audience for cultural activities.

 8         (2)  DEFINITIONS.--As used in this section, the term:

 9         (a)  "Cultural" means the disciplines of dance, music,

10  theater, visual arts, literature, media arts,

11  interdisciplinary and multidisciplinary, and programs of

12  museums.

13         (b)  "Department" means the Department of Revenue.

14         (c)  "Eligible contribution" means a monetary

15  contribution from a taxpayer, subject to the restrictions

16  provided in this section, to an eligible cultural

17  organization.

18         (d)  "Eligible cultural organization" means a nonprofit

19  cultural organization that is exempt from federal income tax

20  under s. 501(c)(3) of the Internal Revenue Code and that is

21  engaged in cultural activities. The term includes educational

22  institutions that are also presenters or producers of cultural

23  activities.

24         (3)  AUTHORIZATION TO GRANT CULTURAL ORGANIZATIONS TAX

25  CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS.--

26         (a)  There is allowed a credit of 50 percent of the

27  amount of an eligible contribution, which contribution is in

28  the amount of $60,000 or more, against any tax due for a

29  taxable year under this chapter. However, such a credit is

30  inapplicable to a particular corporation after the aggregate

31  

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    Florida Senate - 2004                            CS for SB 406
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 1  amount of the contributions to such organizations given by the

 2  corporation in any one taxable year exceeds $600,000.

 3         (b)  A taxpayer who files a Florida consolidated return

 4  as a member of an affiliated group pursuant to s. 220.131(1)

 5  may be allowed the credit on a consolidated return basis;

 6  however, the total credit taken by the affiliated group is

 7  subject to the limitation established under paragraph (a).

 8         (4)  ADMINISTRATION; RULES.--

 9         (a)  If the credit granted under this section is not

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

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

12  transfer the credit authorized by this section to another

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

14  assigned, or transferred in the same transaction.

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

16  section shall be submitted to the department on forms

17  established by rule of the department.

18         (c)  The department and the Division of Cultural

19  Affairs of the Department of State shall develop a cooperative

20  agreement to assist in the administration of this section.

21         (d)  The department shall adopt rules necessary to

22  administer this section, including rules establishing

23  application forms and procedures.

24         (e)  The division shall adopt rules necessary to

25  determine the eligibility of nonprofit cultural organizations.

26         Section 2.  Section 220.1921, Florida Statutes, is

27  created to read:

28         220.1921  Cultural contributions tax credit.--

29         (1)  AUTHORIZATION TO GRANT CULTURAL CONTRIBUTIONS TAX

30  CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS.--

31  

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    Florida Senate - 2004                            CS for SB 406
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 1         (a)  There shall be allowed a credit of 50 percent of a

 2  contribution made to the Division of Cultural Affairs of the

 3  Department of State for deposit into the Cultural Institutions

 4  Trust Fund against any tax due for a taxable year under this

 5  chapter.

 6         (b)  All proposals for the granting of the tax credit

 7  shall require the prior approval of the Division of Cultural

 8  Affairs of the Department of State.

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

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

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

12  transfer the credit authorized by this section to another

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

14  assigned, or transferred in the same transaction.

15         (2)  APPLICATION REQUIREMENTS.--

16         (a)  Any business wishing to participate in this

17  program must submit an application for the tax credit to the

18  Division of Cultural Affairs of the Department of State on

19  forms established by rule of the division.

20         (b)  The business firm must submit a separate

21  application for tax credit for each individual contribution

22  that it makes to the Cultural Institutions Trust Fund.

23         (3)  ADMINISTRATION.--

24         (a)  The Division of Cultural Affairs of the Department

25  of State may adopt rules pursuant to ss. 120.536(1) and 120.54

26  to administer this section.

27         (b)  The granting of tax credit by the Division of

28  Cultural Affairs of the Department of State must be in writing

29  and state the maximum credit allowable to the business firm. A

30  copy of the granting of tax credit shall be transmitted to the

31  

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    Florida Senate - 2004                            CS for SB 406
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 1  executive director of the Department of Revenue, who shall

 2  apply such credit to the tax liability of the business firm.

 3         (c)  The Department of Revenue may adopt rules pursuant

 4  to ss. 120.536(1) and 120.54 to administer this section.

 5         Section 3.  Subsection (8) of section 220.02, Florida

 6  Statutes, is amended to read:

 7         220.02  Legislative intent.--

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

 9  against either the corporate income tax or the franchise tax

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

11  631.828, those enumerated in s. 220.191, those enumerated in

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

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

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

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

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

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

18  ss. 220.192 and 220.1921.

19         Section 4.  Subsection (1) of section 220.13, Florida

20  Statutes, is amended to read:

21         220.13  "Adjusted federal income" defined.--

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

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

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

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

26  adjusted as follows:

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

28  income:

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

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

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

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    Florida Senate - 2004                            CS for SB 406
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 1  state of the United States which is deductible from gross

 2  income in the computation of taxable income for the taxable

 3  year.

 4         2.  The amount of interest which is excluded from

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

 6  any other federal law, less the associated expenses disallowed

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

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

 9  of any amounts included in alternative minimum taxable income,

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

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

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

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

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

15  amount of the capital gain dividends attributable to the

16  taxable year.

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

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

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

20  The provisions of this subparagraph shall expire and be void

21  on June 30, 2005.

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

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

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

25  The provisions of this subparagraph shall expire and be void

26  on June 30, 2005.

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

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

29  deductible from gross income in the computation of taxable

30  income for the taxable year.

31  

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    Florida Senate - 2004                            CS for SB 406
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 1         7.  That portion of assessments to fund a guaranty

 2  association incurred for the taxable year which is equal to

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

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

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

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

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

 8  over the attributable expenses for the taxable year.

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

10  under s. 220.1895.

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

12  designated project which is equal to the credit allowable for

13  the taxable year under s. 220.185.

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

15  under s. 220.187.

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

17  under ss. 220.192 and 220.1921.

18         (b)  Subtractions.--

19         1.  There shall be subtracted from such taxable income:

20         a.  The net operating loss deduction allowable for

21  federal income tax purposes under s. 172 of the Internal

22  Revenue Code for the taxable year,

23         b.  The net capital loss allowable for federal income

24  tax purposes under s. 1212 of the Internal Revenue Code for

25  the taxable year,

26         c.  The excess charitable contribution deduction

27  allowable for federal income tax purposes under s. 170(d)(2)

28  of the Internal Revenue Code for the taxable year, and

29         d.  The excess contributions deductions allowable for

30  federal income tax purposes under s. 404 of the Internal

31  Revenue Code for the taxable year.

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    Florida Senate - 2004                            CS for SB 406
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 1  

 2  However, a net operating loss and a capital loss shall never

 3  be carried back as a deduction to a prior taxable year, but

 4  all deductions attributable to such losses shall be deemed net

 5  operating loss carryovers and capital loss carryovers,

 6  respectively, and treated in the same manner, to the same

 7  extent, and for the same time periods as are prescribed for

 8  such carryovers in ss. 172 and 1212, respectively, of the

 9  Internal Revenue Code.

10         2.  There shall be subtracted from such taxable income

11  any amount to the extent included therein the following:

12         a.  Dividends treated as received from sources without

13  the United States, as determined under s. 862 of the Internal

14  Revenue Code.

15         b.  All amounts included in taxable income under s. 78

16  or s. 951 of the Internal Revenue Code.

17  

18  However, as to any amount subtracted under this subparagraph,

19  there shall be added to such taxable income all expenses

20  deducted on the taxpayer's return for the taxable year which

21  are attributable, directly or indirectly, to such subtracted

22  amount. Further, no amount shall be subtracted with respect to

23  dividends paid or deemed paid by a Domestic International

24  Sales Corporation.

25         3.  In computing "adjusted federal income" for taxable

26  years beginning after December 31, 1976, there shall be

27  allowed as a deduction the amount of wages and salaries paid

28  or incurred within this state for the taxable year for which

29  no deduction is allowed pursuant to s. 280C(a) of the Internal

30  Revenue Code (relating to credit for employment of certain new

31  employees).

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    Florida Senate - 2004                            CS for SB 406
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 1         4.  There shall be subtracted from such taxable income

 2  any amount of nonbusiness income included therein.

 3         5.  There shall be subtracted any amount of taxes of

 4  foreign countries allowable as credits for taxable years

 5  beginning on or after September 1, 1985, under s. 901 of the

 6  Internal Revenue Code to any corporation which derived less

 7  than 20 percent of its gross income or loss for its taxable

 8  year ended in 1984 from sources within the United States, as

 9  described in s. 861(a)(2)(A) of the Internal Revenue Code, not

10  including credits allowed under ss. 902 and 960 of the

11  Internal Revenue Code, withholding taxes on dividends within

12  the meaning of sub-subparagraph 2.a., and withholding taxes on

13  royalties, interest, technical service fees, and capital

14  gains.

15         6.  Notwithstanding any other provision of this code,

16  except with respect to amounts subtracted pursuant to

17  subparagraphs 1. and 3., any increment of any apportionment

18  factor which is directly related to an increment of gross

19  receipts or income which is deducted, subtracted, or otherwise

20  excluded in determining adjusted federal income shall be

21  excluded from both the numerator and denominator of such

22  apportionment factor. Further, all valuations made for

23  apportionment factor purposes shall be made on a basis

24  consistent with the taxpayer's method of accounting for

25  federal income tax purposes.

26         (c)  Installment sales occurring after October 19,

27  1980.--

28         1.  In the case of any disposition made after October

29  19, 1980, the income from an installment sale shall be taken

30  into account for the purposes of this code in the same manner

31  

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    Florida Senate - 2004                            CS for SB 406
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 1  that such income is taken into account for federal income tax

 2  purposes.

 3         2.  Any taxpayer who regularly sells or otherwise

 4  disposes of personal property on the installment plan and

 5  reports the income therefrom on the installment method for

 6  federal income tax purposes under s. 453(a) of the Internal

 7  Revenue Code shall report such income in the same manner under

 8  this code.

 9         (d)  Nonallowable deductions.--A deduction for net

10  operating losses, net capital losses, or excess contributions

11  deductions under ss. 170(d)(2), 172, 1212, and 404 of the

12  Internal Revenue Code which has been allowed in a prior

13  taxable year for Florida tax purposes shall not be allowed for

14  Florida tax purposes, notwithstanding the fact that such

15  deduction has not been fully utilized for federal tax

16  purposes.

17         Section 5.  This act shall take effect July 1, 2004.

18  

19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                              SB 406

21                                 

22  Adds "educational institutions that are also presenters or
    producers of cultural activities" to the definition of
23  "eligible cultural organization."

24  Authorizes a tax credit for contributions to the Cultural
    Institutions Trust Fund.
25  
    Limits the tax credit to 50 percent of the contribution made.
26  
    Requires approval by the Division of Cultural Affairs of the
27  Department of State.

28  Prohibits carrying over of tax credit to following year or
    transfer of credit without transfer of all other assets.
29  
    Provides rulemaking authority.
30  

31  

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