HB 0941CS

CHAMBER ACTION




1The Tourism Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the corporate income tax; providing a
7credit against the tax for contributions to nonprofit
8cultural organizations; providing legislative purpose;
9defining terms; providing limitations on individual
10credits; providing that the unused amount of a credit may
11not be carried forward; prohibiting conveying, assigning,
12or transferring the credit to another entity except as
13specified; providing for administration by the Department
14of Revenue and the Division of Cultural Affairs of the
15Department of State; requiring the department to adopt
16rules; authorizing the division to adopt rules; providing
17a tax credit for donations to the Fine Arts Trust Fund;
18providing that the unused amount of a credit may not be
19carried forward; prohibiting conveying, assigning, or
20transferring the credit to another entity, except as
21specified; providing written request procedures; providing
22for rulemaking by the Department of Revenue and the
23Division of Cultural Affairs of the Department of State;
24providing legislative intent with respect to the order in
25which credits may be applied; providing for an addition to
26taxable income for purposes of computing adjusted federal
27income, to conform; specifying the maximum amount of
28annual tax credits which may be granted under the act;
29providing for expiration of the act; providing an
30effective date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  Credits for contributions to nonprofit cultural
35organizations.--
36     (1)  PURPOSE.--The purpose of this section is to encourage
37private, voluntary contributions to organizations that promote
38cultural activities by encouraging the talents of creative
39individuals or by helping to provide an audience for cultural
40activities.
41     (2)  DEFINITIONS.--As used in this section, the term:
42     (a)  "Cultural activities" means dance, music, theater,
43visual arts, literature, media arts, museum programs, and
44activities 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
47the Department of State.
48     (d)  "Eligible contribution" means a monetary contribution
49from a taxpayer, subject to the restrictions provided in this
50section, to an eligible cultural organization.
51     (e)  "Eligible cultural organization" means a nonprofit
52cultural organization that provides cultural programs within the
53state and is:
54     1.  Exempt from federal income tax under s. 501(c)(3) of
55the Internal Revenue Code, as amended.
56     2.  Incorporated pursuant to and in compliance with chapter
57617, Florida Statutes.
58     3.  Determined to be eligible to receive funding from
59programs administered under Rule 1T-1.001, Florida
60Administrative Code.
61
62The term includes educational institutions that are also
63presenters or producers of cultural activities in this state
64which otherwise meet these requirements.
65     (3)  AUTHORIZATION TO GRANT CULTURAL ORGANIZATIONS TAX
66CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS.--
67     (a)  There is allowed a credit of 50 percent of the amount
68of an eligible contribution, which contribution is in the amount
69of $60,000 or more, against any tax due for a taxable year under
70chapter 220, Florida Statutes. However, such a credit is
71inapplicable to a particular corporation after the aggregate
72amount of the contributions to eligible cultural organizations
73given by the corporation in any one taxable year exceeds
74$600,000.
75     (b)  A taxpayer who files a Florida consolidated return as
76a member of an affiliated group under s. 220.131(1), Florida
77Statutes, may be allowed the credit on a consolidated return
78basis; however, the total credit taken by the affiliated group
79is subject to the limitation established under paragraph (a).
80     (4)  ADMINISTRATION; RULES.--
81     (a)  If the credit granted under this section is not fully
82used in any one year, the unused amount may not be carried
83forward. A taxpayer may not convey, assign, or transfer the
84credit authorized by this section to another entity unless all
85of the assets of the taxpayer are conveyed, assigned, or
86transferred in the same transaction.
87     (b)  A written request for a tax credit pursuant to this
88section must be submitted to the division on taxpayer letterhead
89and signed by an authorized official of the corporation. Written
90requests shall be accepted on a first-come, first-served basis
91beginning July 1, 2005. Submission by facsimile is permissible;
92however, requests transmitted by electronic mail shall not be
93accepted. The sequence of request submissions shall be
94determined by the time and date received by the division within
95normal business hours. Any request submitted after hours or on a
96weekend or a holiday shall be considered received at 8 a.m. on
97the next regular business day.
98     (c)  A taxpayer must submit a separate written request for
99each individual contribution that it makes to an eligible
100cultural organization. To retain each request's acceptance time
101status pursuant to paragraph (b), written confirmation of
102receipt of such contribution by the cultural organization must
103be received by the division no later than 4 p.m. on the third
104business day following the receipt of the taxpayer's written
105request for tax credit. Requests that fail to comply with this
106deadline shall be considered received by the division at the
107date and time the written confirmation of such contribution is
108received.
109     (d)  The verification of tax credit eligibility by the
110division must be in writing and must state the maximum credit
111allowable to the business firm. A copy of the verification of
112tax credit eligibility must be transmitted to the executive
113director of the Department of Revenue, who shall apply such
114credit to the tax liability of the business firm.
115     (e)  The department shall adopt rules necessary to
116administer this section, including rules establishing forms and
117procedures.
118     (f)  The division may adopt rules necessary to determine
119the eligibility of nonprofit cultural organizations.
120     Section 2.  Cultural contributions tax credit.--
121     (1)  AUTHORIZATION TO GRANT CULTURAL CONTRIBUTIONS TAX
122CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS.--
123     (a)  There shall be allowed a credit of 50 percent of any
124monetary contribution made to the Division of Cultural Affairs
125of the Department of State for deposit into the Fine Arts Trust
126Fund against any tax due for a taxable year under chapter 220,
127Florida Statutes.
128     (b)  If the credit granted under this section is not fully
129used in any one year, the unused amount may not be carried
130forward. A taxpayer may not convey, assign, or transfer the
131credit authorized by this section to another entity unless all
132of the assets of the taxpayer are conveyed, assigned, or
133transferred in the same transaction.
134     (2)  WRITTEN REQUEST REQUIREMENTS.--
135     (a)  Any business wishing to participate in this program
136must submit a written request for the tax credit to the division
137on taxpayer letterhead and signed by an authorized official of
138the corporation. Written requests shall be accepted on a first-
139come, first-served basis beginning July 1, 2005. Submission by
140facsimile is permissible; however, requests transmitted by
141electronic mail shall not be accepted. The sequence of request
142submissions shall be determined by the time and date received by
143the division within normal business hours. Any request submitted
144after hours or on a weekend or a holiday shall be considered
145received at 8 a.m. on the next regular business day.
146     (b)  The business firm must submit a separate written
147request for tax credit for each individual contribution that it
148makes to the Fine Arts Trust Fund. To retain each request's
149acceptance date and time status pursuant to paragraph (a), the
150funds to be contributed must be received by the division no
151later than 4 p.m. on the second business day following the
152receipt of the taxpayer's written request for tax credit.
153Requests that fail to comply with this deadline shall be
154considered received by the division at the date and time the
155written confirmation of such contribution is received.
156     (3)  ADMINISTRATION.--
157     (a)  The division may adopt rules under ss. 120.536(1) and
158120.54, Florida Statutes, to administer this section.
159     (b)  The verification of tax credit eligibility by the
160division must be in writing and must state the maximum credit
161allowable to the business firm. A copy of the verification of
162tax credit eligibility must be transmitted to the executive
163director of the Department of Revenue, who shall apply such
164credit to the tax liability of the business firm.
165     (c)  The Department of Revenue may adopt rules under ss.
166120.536(1) and 120.54, Florida Statutes, to administer this
167section.
168     Section 3.  It is the intent of the Legislature that
169credits against the corporate income tax granted under section 1
170or section 2 be applied subsequent to those enumerated in s.
171220.187, Florida Statutes.
172     Section 4.  In computing adjusted federal income under s.
173220.13, Florida Statutes, there shall be added to such taxable
174income the amount taken as a credit for the taxable year under
175sections 1 and 2.
176     Section 5.  The total amount of tax credit which may be
177granted for all programs approved under sections 1 and 2 is $5
178million annually.
179     Section 6.  Sections 1-5 expire June 30, 2006.
180     Section 7.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.