Senate Bill sb0630

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    Florida Senate - 2005                                   SB 630

    By Senator Margolis





    35-204A-05

  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 Fine Arts Trust

17         Fund; providing that the unused amount of a

18         credit may not be carried forward; prohibiting

19         conveying, assigning, or transferring the

20         credit to another entity, except as specified;

21         providing application procedures; providing for

22         rulemaking by the Department of Revenue and the

23         Department of State; providing legislative

24         intent with respect to the order in which

25         credits may be applied; providing for an

26         addition to taxable income for purposes of

27         computing adjusted federal income, to conform;

28         specifying the maximum amount of annual tax

29         credits which may be granted under the act;

30         providing for expiration of the act; providing

31         an effective date.

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    Florida Senate - 2005                                   SB 630
    35-204A-05




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

 2  

 3         Section 1.  Credits for contributions to nonprofit

 4  cultural organizations.--

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

 6  encourage private, voluntary contributions to organizations

 7  that promote cultural activities by encouraging the talents of

 8  creative individuals or by helping to provide an audience for

 9  cultural activities.

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

11         (a)  "Cultural activities" means dance, music, theater,

12  visual arts, literature, media arts, museum programs, and

13  activities that combine two or more of those disciplines.

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

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

16  of the Department of State.

17         (d)  "Eligible contribution" means a monetary

18  contribution from a taxpayer, subject to the restrictions

19  provided in this section, to an eligible cultural

20  organization.

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

22  cultural organization that is:

23         1.  Exempt from federal income tax under s. 501(c)(3)

24  of the Internal Revenue Code;

25         2.  In compliance with section 265.702, Florida

26  Statutes; and

27         3.  Given priority ranking under rule 1T-1001, Florida

28  Administrative Code.

29  

30  

31  

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    Florida Senate - 2005                                   SB 630
    35-204A-05




 1  The term includes educational institutions that are also

 2  presenters or producers of cultural activities in this state

 3  which otherwise meet these requirements.

 4         (3)  AUTHORIZATION TO GRANT CULTURAL ORGANIZATIONS TAX

 5  CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS.--

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

 7  amount of an eligible contribution, which contribution is in

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

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

10  such a credit is inapplicable to a particular corporation

11  after the aggregate amount of the contributions to eligible

12  cultural organizations given by the corporation in any one

13  taxable year exceeds $600,000.

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

15  as a member of an affiliated group under section 220.131(1),

16  Florida Statutes, may be allowed the credit on a consolidated

17  return basis; however, the total credit taken by the

18  affiliated group is subject to the limitation established

19  under paragraph (a).

20         (4)  ADMINISTRATION; RULES.--

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

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

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

24  transfer the credit authorized by this section to another

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

26  assigned, or transferred in the same transaction.

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

28  section must be submitted to the division on forms established

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

30  first-come, first-served basis beginning July 1, 2005.

31  

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    Florida Senate - 2005                                   SB 630
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 1         (c)  A taxpayer must submit a separate application for

 2  the tax credit for each individual contribution that it makes

 3  to an eligible cultural organization.

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

 5  in writing and must state the maximum credit allowable to the

 6  business firm. A copy of the granting of tax credit must be

 7  transmitted to the executive director of the Department of

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

 9  the business firm.

10         (e)  The department shall adopt rules necessary to

11  administer this section, including rules establishing

12  application forms and procedures.

13         (f)  The division shall adopt rules necessary to

14  determine the eligibility of nonprofit cultural organizations.

15         Section 2.  Cultural contributions tax credit.--

16         (1)  AUTHORIZATION TO GRANT CULTURAL CONTRIBUTIONS TAX

17  CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS.--

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

19  monetary contribution made to the Division of Cultural Affairs

20  of the Department of State for deposit into the Fine Arts

21  Trust Fund against any tax due for a taxable year under

22  chapter 220, Florida Statutes.

23         (b)  A proposal for the granting of the tax credit

24  requires the prior approval of the Division of Cultural

25  Affairs of the Department of State.

26         (c)  If the credit granted under this section is not

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

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

29  transfer the credit authorized by this section to another

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

31  assigned, or transferred in the same transaction.

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    Florida Senate - 2005                                   SB 630
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 1         (2)  APPLICATION REQUIREMENTS.--

 2         (a)  Any business wishing to participate in this

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

 4  Division of Cultural Affairs of the Department of State on

 5  forms established by rule of the division. Applications shall

 6  be accepted on a first-come, first-served basis beginning July

 7  1, 2005.

 8         (b)  The business firm must submit a separate

 9  application for tax credit for each individual contribution

10  that it makes to the Cultural Institutions Trust Fund.

11         (3)  ADMINISTRATION.--

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

13  of State may adopt rules under sections 120.536(1) and 120.54,

14  Florida Statutes, to administer this section.

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

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

17  and must state the maximum credit allowable to the business

18  firm. A copy of the granting of tax credit must be transmitted

19  to the executive director of the Department of Revenue, who

20  shall apply such credit to the tax liability of the business

21  firm.

22         (c)  The Department of Revenue may adopt rules under

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

24  administer this section.

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

26  credits against the corporate income tax granted under section

27  1 or section 2 be applied subsequent to those enumerated in

28  section 220.187, Florida Statutes.

29         Section 4.  In computing adjusted federal income under

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

31  

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    Florida Senate - 2005                                   SB 630
    35-204A-05




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

 2  year under sections 1 and 2.

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

 4  granted for all programs approved under sections 1 and 2 is $5

 5  million annually.

 6         Section 6.  Sections 1-5 expire June 30, 2006.

 7         Section 7.  This act shall take effect July 1, 2005.

 8  

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10                          SENATE SUMMARY

11    Provides a credit against the corporate income tax for
      contributions to nonprofit cultural organizations.
12    Provides a credit against the tax for donations to the
      Fine Arts Trust Fund. Defines terms. Provides conditions
13    to taking such credits. Provides for the order in which
      credits against the tax may be applied. Provides for
14    expiration of the act. Provides for rulemaking. (See bill
      for details.)
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