Senate Bill sb0962

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    Florida Senate - 2006                                   SB 962

    By Senator Fasano





    11-457B-06

  1                      A bill to be entitled

  2         An act relating to research and development and

  3         space flight businesses; amending s. 212.052,

  4         F.S.; deleting an exception to an exemption

  5         from the tax on sales, use, and other

  6         transactions for research or development costs;

  7         amending s. 212.08, F.S.; providing an

  8         exemption for machinery and equipment used

  9         predominantly for research and development

10         activities or by a space flight business;

11         defining terms; authorizing the Department of

12         Revenue to adopt rules implementing the

13         exemption; requiring that an affidavit or a

14         direct-pay permit be given by a taxpayer

15         claiming entitlement to the exemption;

16         requiring the retention of records to prove

17         entitlement to the exemption; providing an

18         effective date.

19  

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

21  

22         Section 1.  Subsection (2) of section 212.052, Florida

23  Statutes, is amended to read:

24         212.052  Research or development costs; exemption.--

25         (2)  Notwithstanding any provision of this chapter to

26  the contrary, any person, including an affiliated group as

27  defined in s. 1504 of the Internal Revenue Code of 1954, as

28  amended, who manufactures, produces, compounds, processes, or

29  fabricates in any manner tangible personal property for such

30  taxpayer's own use directly and solely in research or

31  development shall not be subject to the tax imposed by this

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    Florida Senate - 2006                                   SB 962
    11-457B-06




 1  chapter upon the cost of the product so manufactured,

 2  produced, compounded, processed, or fabricated. However, the

 3  tax imposed by this chapter shall be due on the purchase,

 4  rental, or repair of real property or tangible personal

 5  property employed in research or development which is subject

 6  to the tax imposed by this chapter at the time of purchase or

 7  rental.

 8         Section 2.  Subsection (18) is added to section 212.08,

 9  Florida Statutes, to read:

10         212.08  Sales, rental, use, consumption, distribution,

11  and storage tax; specified exemptions.--The sale at retail,

12  the rental, the use, the consumption, the distribution, and

13  the storage to be used or consumed in this state of the

14  following are hereby specifically exempt from the tax imposed

15  by this chapter.

16         (18)  MACHINERY AND EQUIPMENT USED PREDOMINANTLY FOR

17  RESEARCH AND DEVELOPMENT OR BY A SPACE FLIGHT BUSINESS.--

18         (a)  Machinery and equipment used predominantly for

19  research and development as defined in this subsection, or by

20  a space flight business, as defined in s. 212.031(1)(a)13., in

21  designing or creating a space flight vehicle or component

22  thereof, are exempt from the tax imposed by this chapter.

23         (b)  As used in this subsection, the term:

24         1.  "Machinery and equipment" includes, but is not

25  limited to, molds, dies, machine tooling, other appurtenances

26  or accessories to machinery and equipment, testing and

27  measuring equipment, test beds, computers, and software,

28  whether purchased or self-fabricated, and, if self-fabricated,

29  includes materials and labor for design, fabrication, and

30  assembly.

31  

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    Florida Senate - 2006                                   SB 962
    11-457B-06




 1         2.  "Predominantly" means at least 50 percent of the

 2  time.

 3         3.  "Research and development" means research that has

 4  one of the following as its ultimate goal:

 5         a.  Basic research in a scientific field of endeavor;

 6         b.  The advancement of knowledge or technology in a

 7  scientific or technical field of endeavor;

 8         c.  The development of a new product, whether or not

 9  the new product is offered for sale;

10         d.  The improvement of an existing product, whether or

11  not the improved product is offered for sale;

12         e.  The development of new uses of an existing product,

13  whether or not a new use is offered as a rationale to purchase

14  the product; or

15         f.  The design and development of prototypes, whether

16  or not a resulting product is offered for sale.

17  

18  The term "research and development" does not include ordinary

19  testing or inspection of materials or products used for

20  quality control, market research, efficiency surveys, consumer

21  surveys, advertising and promotions, management studies, or

22  research in connection with literary, historical, social

23  science, or other similar nontechnical activities.

24         (c)  The department may adopt rules that provide for

25  the implementation of this exemption.

26         (d)  A person who claims the exemption provided in this

27  subsection shall furnish the vendor of the machinery or

28  equipment, including the vendor of materials and labor used in

29  self-fabrication of the machinery or equipment, an affidavit

30  stating that the item or items for which an exemption is

31  claimed are machinery and equipment that will be used

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    Florida Senate - 2006                                   SB 962
    11-457B-06




 1  predominantly for research and development or by a space

 2  flight business as required by this subsection. A purchaser

 3  who claims the exemption by refund shall include the affidavit

 4  with the application for a refund. The affidavit must contain

 5  the purchaser's name, address, sales and use tax registration

 6  number, and, if applicable, federal employer's identification

 7  number. A person who fraudulently furnishes an affidavit to

 8  the vendor or to the department for the purpose of evading

 9  payment of any tax imposed under this chapter is subject to

10  the penalty set forth in s. 212.085 and as otherwise provided

11  by law.

12         (e)  In lieu of furnishing an affidavit, a purchaser

13  claiming the exemption provided in this subsection who has a

14  direct-pay permit may furnish the vendor with a copy of the

15  direct-pay permit and shall maintain all documentation

16  necessary to prove the exempt status of the purchases and

17  fabrication activity.

18         (f)  Purchasers must maintain all documentation

19  necessary to prove the exempt status of purchases and

20  fabrication activity and make such documentation available for

21  inspection pursuant to s. 212.13(2).

22         Section 3.  This act shall take effect July 1, 2006.

23  

24            *****************************************

25                          SENATE SUMMARY

26    Deletes an exception to an exemption from the tax on
      sales, use, and other transactions for research or
27    development costs. Provides an exemption from the sales
      tax for machinery and equipment used predominantly for
28    research and development activities or by a space flight
      business. Defines terms. Authorizes the Department of
29    Revenue to adopt rules implementing the exemption.
      Requires that an affidavit or a direct-pay permit be
30    given by a taxpayer claiming entitlement to the
      exemption. Requires the retention of records to prove
31    entitlement to the exemption.

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