1 | The Tourism Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to the corporate income tax; providing a |
7 | credit against the tax for contributions to nonprofit |
8 | cultural organizations; providing legislative purpose; |
9 | defining terms; providing limitations on individual |
10 | credits; providing that the unused amount of a credit may |
11 | not be carried forward; prohibiting conveying, assigning, |
12 | or transferring the credit to another entity except as |
13 | specified; providing for administration by the Department |
14 | of Revenue and the Division of Cultural Affairs of the |
15 | Department of State; requiring the department to adopt |
16 | rules; authorizing the division to adopt rules; providing |
17 | a tax credit for donations to the Fine Arts Trust Fund; |
18 | providing that the unused amount of a credit may not be |
19 | carried forward; prohibiting conveying, assigning, or |
20 | transferring the credit to another entity, except as |
21 | specified; providing written request procedures; providing |
22 | for rulemaking by the Department of Revenue and the |
23 | Division of Cultural Affairs of the Department of State; |
24 | providing legislative intent with respect to the order in |
25 | which credits may be applied; providing for an addition to |
26 | taxable income for purposes of computing adjusted federal |
27 | income, to conform; specifying the maximum amount of |
28 | annual tax credits which may be granted under the act; |
29 | providing for expiration of the act; providing an |
30 | effective date. |
31 |
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32 | Be It Enacted by the Legislature of the State of Florida: |
33 |
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34 | Section 1. Credits for contributions to nonprofit cultural |
35 | organizations.-- |
36 | (1) PURPOSE.--The purpose of this section is to encourage |
37 | private, voluntary contributions to organizations that promote |
38 | cultural activities by encouraging the talents of creative |
39 | individuals or by helping to provide an audience for cultural |
40 | activities. |
41 | (2) DEFINITIONS.--As used in this section, the term: |
42 | (a) "Cultural activities" means dance, music, theater, |
43 | visual arts, literature, media arts, museum programs, and |
44 | activities that combine two or more of those disciplines. |
45 | (b) "Department" means the Department of Revenue. |
46 | (c) "Division" means the Division of Cultural Affairs of |
47 | the Department of State. |
48 | (d) "Eligible contribution" means a monetary contribution |
49 | from a taxpayer, subject to the restrictions provided in this |
50 | section, to an eligible cultural organization. |
51 | (e) "Eligible cultural organization" means a nonprofit |
52 | cultural organization that provides cultural programs within the |
53 | state and is: |
54 | 1. Exempt from federal income tax under s. 501(c)(3) of |
55 | the Internal Revenue Code, as amended. |
56 | 2. Incorporated pursuant to and in compliance with chapter |
57 | 617, Florida Statutes. |
58 | 3. Determined to be eligible to receive funding from |
59 | programs administered under Rule 1T-1.001, Florida |
60 | Administrative Code. |
61 |
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62 | The term includes educational institutions that are also |
63 | presenters or producers of cultural activities in this state |
64 | which otherwise meet these requirements. |
65 | (3) AUTHORIZATION TO GRANT CULTURAL ORGANIZATIONS TAX |
66 | CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS.-- |
67 | (a) There is allowed a credit of 50 percent of the amount |
68 | of an eligible contribution, which contribution is in the amount |
69 | of $60,000 or more, against any tax due for a taxable year under |
70 | chapter 220, Florida Statutes. However, such a credit is |
71 | inapplicable to a particular corporation after the aggregate |
72 | amount of the contributions to eligible cultural organizations |
73 | given by the corporation in any one taxable year exceeds |
74 | $600,000. |
75 | (b) A taxpayer who files a Florida consolidated return as |
76 | a member of an affiliated group under s. 220.131(1), Florida |
77 | Statutes, may be allowed the credit on a consolidated return |
78 | basis; however, the total credit taken by the affiliated group |
79 | is subject to the limitation established under paragraph (a). |
80 | (4) ADMINISTRATION; RULES.-- |
81 | (a) If the credit granted under this section is not fully |
82 | used in any one year, the unused amount may not be carried |
83 | forward. A taxpayer may not convey, assign, or transfer the |
84 | credit authorized by this section to another entity unless all |
85 | of the assets of the taxpayer are conveyed, assigned, or |
86 | transferred in the same transaction. |
87 | (b) A written request for a tax credit pursuant to this |
88 | section must be submitted to the division on taxpayer letterhead |
89 | and signed by an authorized official of the corporation. Written |
90 | requests shall be accepted on a first-come, first-served basis |
91 | beginning July 1, 2005. Submission by facsimile is permissible; |
92 | however, requests transmitted by electronic mail shall not be |
93 | accepted. The sequence of request submissions shall be |
94 | determined by the time and date received by the division within |
95 | normal business hours. Any request submitted after hours or on a |
96 | weekend or a holiday shall be considered received at 8 a.m. on |
97 | the next regular business day. |
98 | (c) A taxpayer must submit a separate written request for |
99 | each individual contribution that it makes to an eligible |
100 | cultural organization. To retain each request's acceptance time |
101 | status pursuant to paragraph (b), written confirmation of |
102 | receipt of such contribution by the cultural organization must |
103 | be received by the division no later than 4 p.m. on the third |
104 | business day following the receipt of the taxpayer's written |
105 | request for tax credit. Requests that fail to comply with this |
106 | deadline shall be considered received by the division at the |
107 | date and time the written confirmation of such contribution is |
108 | received. |
109 | (d) The verification of tax credit eligibility by the |
110 | division must be in writing and must state the maximum credit |
111 | allowable to the business firm. A copy of the verification of |
112 | tax credit eligibility must be transmitted to the executive |
113 | director of the Department of Revenue, who shall apply such |
114 | credit to the tax liability of the business firm. |
115 | (e) The department shall adopt rules necessary to |
116 | administer this section, including rules establishing forms and |
117 | procedures. |
118 | (f) The division may adopt rules necessary to determine |
119 | the eligibility of nonprofit cultural organizations. |
120 | Section 2. Cultural contributions tax credit.-- |
121 | (1) AUTHORIZATION TO GRANT CULTURAL CONTRIBUTIONS TAX |
122 | CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS.-- |
123 | (a) There shall be allowed a credit of 50 percent of any |
124 | monetary contribution made to the Division of Cultural Affairs |
125 | of the Department of State for deposit into the Fine Arts Trust |
126 | Fund against any tax due for a taxable year under chapter 220, |
127 | Florida Statutes. |
128 | (b) If the credit granted under this section is not fully |
129 | used in any one year, the unused amount may not be carried |
130 | forward. A taxpayer may not convey, assign, or transfer the |
131 | credit authorized by this section to another entity unless all |
132 | of the assets of the taxpayer are conveyed, assigned, or |
133 | transferred in the same transaction. |
134 | (2) WRITTEN REQUEST REQUIREMENTS.-- |
135 | (a) Any business wishing to participate in this program |
136 | must submit a written request for the tax credit to the division |
137 | on taxpayer letterhead and signed by an authorized official of |
138 | the corporation. Written requests shall be accepted on a first- |
139 | come, first-served basis beginning July 1, 2005. Submission by |
140 | facsimile is permissible; however, requests transmitted by |
141 | electronic mail shall not be accepted. The sequence of request |
142 | submissions shall be determined by the time and date received by |
143 | the division within normal business hours. Any request submitted |
144 | after hours or on a weekend or a holiday shall be considered |
145 | received at 8 a.m. on the next regular business day. |
146 | (b) The business firm must submit a separate written |
147 | request for tax credit for each individual contribution that it |
148 | makes to the Fine Arts Trust Fund. To retain each request's |
149 | acceptance date and time status pursuant to paragraph (a), the |
150 | funds to be contributed must be received by the division no |
151 | later than 4 p.m. on the second business day following the |
152 | receipt of the taxpayer's written request for tax credit. |
153 | Requests that fail to comply with this deadline shall be |
154 | considered received by the division at the date and time the |
155 | written confirmation of such contribution is received. |
156 | (3) ADMINISTRATION.-- |
157 | (a) The division may adopt rules under ss. 120.536(1) and |
158 | 120.54, Florida Statutes, to administer this section. |
159 | (b) The verification of tax credit eligibility by the |
160 | division must be in writing and must state the maximum credit |
161 | allowable to the business firm. A copy of the verification of |
162 | tax credit eligibility must be transmitted to the executive |
163 | director of the Department of Revenue, who shall apply such |
164 | credit to the tax liability of the business firm. |
165 | (c) The Department of Revenue may adopt rules under ss. |
166 | 120.536(1) and 120.54, Florida Statutes, to administer this |
167 | section. |
168 | Section 3. It is the intent of the Legislature that |
169 | credits against the corporate income tax granted under section 1 |
170 | or section 2 be applied subsequent to those enumerated in s. |
171 | 220.187, Florida Statutes. |
172 | Section 4. In computing adjusted federal income under s. |
173 | 220.13, Florida Statutes, there shall be added to such taxable |
174 | income the amount taken as a credit for the taxable year under |
175 | sections 1 and 2. |
176 | Section 5. The total amount of tax credit which may be |
177 | granted for all programs approved under sections 1 and 2 is $5 |
178 | million annually. |
179 | Section 6. Sections 1-5 expire June 30, 2006. |
180 | Section 7. This act shall take effect July 1, 2005. |