Senate Bill sb0406c2

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    Florida Senate - 2004                     CS for CS for SB 406

    By the Committees on Finance and Taxation; Governmental
    Oversight and Productivity; and Senator Margolis




    35-2173-04

  1                      A bill to be entitled

  2         An act relating to the corporate income tax;

  3         providing a credit against the tax for

  4         contributions to nonprofit cultural

  5         organizations; providing legislative purpose;

  6         defining terms; providing limitations on

  7         individual credits; providing that the unused

  8         amount of a credit may not be carried forward;

  9         prohibiting conveying, assigning, or

10         transferring the credit to another entity

11         except as specified; providing for

12         administration by the Department of Revenue and

13         the Division of Cultural Affairs of the

14         Department of State; requiring the department

15         and the division to adopt rules; providing a

16         tax credit for donations to the Cultural

17         Institutions Trust Fund; providing that the

18         unused amount of a credit may not be carried

19         forward; prohibiting conveying, assigning, or

20         transferring the credit to another entity,

21         except as specified; providing application

22         procedures; providing for rulemaking by the

23         Department of Revenue and the Department of

24         State; providing legislative intent with

25         respect to the order in which credits may be

26         applied; providing for an addition to taxable

27         income for purposes of computing adjusted

28         federal income, to conform; specifying the

29         maximum amount of annual tax credits which may

30         be granted under the act; providing for

31  

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    Florida Senate - 2004                     CS for CS for SB 406
    35-2173-04




 1         expiration of the act; providing an effective

 2         date.

 3  

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

 5  

 6         Section 1.  Credits for contributions to nonprofit

 7  cultural organizations.--

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

 9  encourage private, voluntary contributions to organizations

10  that promote cultural activities, by encouraging the talents

11  of creative individuals or by helping to provide an audience

12  for cultural activities.

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

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

15  theater, visual arts, literature, media arts,

16  interdisciplinary and multidisciplinary, and programs of

17  museums.

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

19         (c)  "Division" means the Division of Cultural Affairs

20  of the Department of State.

21         (d)  "Eligible contribution" means a monetary

22  contribution from a taxpayer, subject to the restrictions

23  provided in this section, to an eligible cultural

24  organization.

25         (e)  "Eligible cultural organization" means a nonprofit

26  cultural organization that is exempt from federal income tax

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

28  engaged in cultural activities in this state. The term

29  includes educational institutions that are also presenters or

30  producers of cultural activities in this state.

31  

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    Florida Senate - 2004                     CS for CS for SB 406
    35-2173-04




 1         (3)  AUTHORIZATION TO GRANT CULTURAL ORGANIZATIONS TAX

 2  CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS.--

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

 4  amount of an eligible contribution, which contribution is in

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

 6  taxable year under chapter 220, Florida Statutes. However,

 7  such a credit is inapplicable to a particular corporation

 8  after the aggregate amount of the contributions to eligible

 9  cultural organizations given by the corporation in any one

10  taxable year exceeds $600,000.

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

12  as a member of an affiliated group pursuant to section

13  220.131(1), Florida Statutes, may be allowed the credit on a

14  consolidated return basis; however, the total credit taken by

15  the affiliated group is subject to the limitation established

16  under paragraph (a).

17         (4)  ADMINISTRATION; RULES.--

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

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

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

21  transfer the credit authorized by this section to another

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

23  assigned, or transferred in the same transaction.

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

25  section must be submitted to the division on forms established

26  by rule of the division. Applications shall be accepted on a

27  first come, first served basis beginning July 1, 2004.

28         (c)  A taxpayer must submit a separate application for

29  the tax credit for each individual contribution that it makes

30  to an eligible cultural organization.

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    Florida Senate - 2004                     CS for CS for SB 406
    35-2173-04




 1         (d)  The granting of tax credit by the division must be

 2  in writing and state the maximum credit allowable to the

 3  business firm. A copy of the granting of tax credit shall be

 4  transmitted to the executive director of the Department of

 5  Revenue, who shall apply such credit to the tax liability of

 6  the business firm.

 7         (e)  The department shall adopt rules necessary to

 8  administer this section, including rules establishing

 9  application forms and procedures.

10         (f)  The division shall adopt rules necessary to

11  determine the eligibility of nonprofit cultural organizations.

12         Section 2.  Cultural contributions tax credit.--

13         (1)  AUTHORIZATION TO GRANT CULTURAL CONTRIBUTIONS TAX

14  CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS.--

15         (a)  There shall be allowed a credit of 50 percent of

16  monetary contribution made to the Division of Cultural Affairs

17  of the Department of State for deposit into the Cultural

18  Institutions Trust Fund against any tax due for a taxable year

19  under chapter 220, Florida Statutes.

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

21  shall require the prior approval of the Division of Cultural

22  Affairs of the Department of State.

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

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

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

26  transfer the credit authorized by this section to another

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

28  assigned, or transferred in the same transaction.

29         (2)  APPLICATION REQUIREMENTS.--

30         (a)  Any business wishing to participate in this

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

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    Florida Senate - 2004                     CS for CS for SB 406
    35-2173-04




 1  Division of Cultural Affairs of the Department of State on

 2  forms established by rule of the division. Applications shall

 3  be accepted on a first come, first served basis beginning July

 4  1, 2004.

 5         (b)  The business firm must submit a separate

 6  application for tax credit for each individual contribution

 7  that it makes to the Cultural Institutions Trust Fund.

 8         (3)  ADMINISTRATION.--

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

10  of State may adopt rules pursuant to sections 120.536(1) and

11  120.54, Florida Statutes, to administer this section.

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

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

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

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

16  executive director of the Department of Revenue, who shall

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

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

19  to sections 120.536(1) and 120.54, Florida Statutes, to

20  administer this section.

21         Section 3.  It is the intent of the Legislature that

22  credits against the corporate income tax granted under either

23  section 1 or section 2 of this act be applied subsequent to

24  those enumerated in section 220.187, Florida Statutes.

25         Section 4.  In computing adjusted federal income under

26  section 220.13, Florida Statutes, there shall be added to such

27  taxable income the amount taken as a credit for the taxable

28  year under section 1 and section 2 of this act.

29         Section 5.  The total amount of tax credit which may be

30  granted for all programs approved under section 1 and section

31  2 of this act is $5 million annually.

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    Florida Senate - 2004                     CS for CS for SB 406
    35-2173-04




 1         Section 6.  This act expires June 30, 2005.

 2         Section 7.  This act shall take effect July 1, 2004.

 3  

 4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 5                            CS/SB 406

 6                                 

 7  The committee substitute limits the 50 percent corporate
    income tax credit for an eligible contribution to a nonprofit
 8  cultural organization or the Division of Cultural Affairs to a
    one-year program.  The total amount of credits that may be
 9  granted under the committee substitute is $5 million.

10  The committee substitute clarifies that an eligible cultural
    organization must engage in cultural activities in Florida.
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    The committee substitute gives responsibility for granting tax
12  credits to the Division of Cultural Affairs, and the credits
    are granted on a first come, first served basis.
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