HB 1487

1
A bill to be entitled
2An act relating to insurance premium and corporate income
3tax credits; providing definitions; providing that
4taxpayers who hold a qualified equity investment on a
5credit allowance date of the investment are entitled to a
6nonrefundable, nontransferable tax credit for the taxable
7year in which the credit allowance date falls; providing
8for calculating the amount of the tax credit; limiting the
9amount of the tax credit that may be redeemed in a fiscal
10year; providing for the redemption of tax credits earned
11by certain business entities and by the partners, members,
12or shareholders of those entities; authorizing a taxpayer
13to carry over any amount of the tax credit that the
14taxpayer is prohibited from redeeming in a taxable year to
15any subsequent taxable year; requiring the issuer of a
16qualified equity investment to certify to the Department
17of Revenue the anticipated dollar amount of investments to
18be made in this state during a specified period following
19the initial credit allowance date; requiring the
20department to limit the monetary amount of qualified
21equity investments to a level necessary to limit the use
22of tax credits to a specified amount in each fiscal year;
23providing a basis for such limitation; authorizing the
24department to adjust tax credits under certain
25circumstances; requiring the department to recapture tax
26credits from certain taxpayers under certain
27circumstances; requiring the department to adopt rules;
28requiring the department to administer the allocation of
29tax credits for certain qualified investments in a
30specified manner; providing an effective date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  New markets development program.--
35     (1)  As used in this section, the term:
36     (a)  "Adjusted purchase price" means the product of the
37amount paid to the issuer of a qualified equity investment for
38such qualified equity investment and a fraction the numerator of
39which is the dollar amount of qualified low-income community
40investments held by the issuer in this state as of the credit
41allowance date during the applicable tax year and the
42denominator of which is the total dollar amount of qualified
43low-income community investments held by the issuer as of the
44credit allowance date during the applicable tax year.
45     (b)  "Applicable percentage" means zero percent for the
46first credit allowance date and 8.33 percent for each of the
47next six credit allowance dates.
48     (c)  "Credit allowance date" means:
49     1.  The date on which any qualified equity investment is
50initially made; and
51     2.  The first anniversary date after the initial investment
52date.
53     (d)  "Long-term debt security" means any debt instrument
54issued by a qualified community development entity, at par value
55or a premium, having an original maturity date of at least 7
56years following the date of its issuance, with no acceleration
57of repayment, amortization, or prepayment features before its
58original maturity date, and having no distribution, payment, or
59interest features related to the profitability of the qualified
60community development entity or the performance of the qualified
61community development entity's investment portfolio. This
62paragraph does not limit the holder's ability to accelerate
63payments on the debt instrument in situations in which the
64issuer has defaulted on covenants designed to ensure compliance
65with this section or s. 45D of the Internal Revenue Code of
661986, as amended.
67     (e)  "Qualified active low-income community business" has
68the same meaning as in s. 45D of the Internal Revenue Code of
691986, as amended. Any business that derives or projects to
70derive 15 percent or more of its annual revenue from the rental
71or sale of real estate is not a qualified active low-income
72community business.
73     (f)  "Qualified community development entity" has the same
74meaning as in s. 45D of the Internal Revenue Code of 1986, as
75amended, if such entity has entered into an allocation agreement
76with the Community Development Financial Institutions Fund of
77the United States Treasury Department with respect to credits
78authorized by s. 45D of the Internal Revenue Code of 1986, as
79amended.
80     (g)  "Qualified equity investment" means any equity
81investment or long-term debt security issued by a qualified
82community development entity that was a qualified equity
83investment when in the possession of a prior holder or:
84     1.  Is acquired on or after July 1, 2007, at its original
85issuance solely in exchange for cash;
86     2.  Has at least 85 percent of its cash purchase price used
87by the issuer to make qualified low-income community
88investments; and
89     3.  Is designated by the issuer as a qualified equity
90investment pursuant to this section, regardless of whether it
91also has been designated as a qualified equity investment under
92s. 45D of the Internal Revenue Code of 1986, as amended.
93     (h)  "Qualified low-income community investment" means any
94capital or equity investment in or loan to any qualified active
95low-income community business. With respect to any one qualified
96active low-income community business, on a collective basis with
97all of its affiliates, the maximum amount of investment that any
98qualified community development entity, on an aggregate basis
99with all of its affiliates, may use for the calculation of any
100numerator described in paragraph (a) shall be $10 million. For
101purposes of calculating the amount of qualified low-income
102community investments held by an issuer, an investment shall be
103deemed to be held by an issuer, even if the investment has been
104sold or repaid, if the issuer reinvests an amount equal to the
105capital returned to or recovered by the issuer from the original
106investment, exclusive of any profits realized, in another
107qualified low-income community investment within 12 months after
108receipt of such capital. An issuer is not required to reinvest
109capital returned from qualified low-income community investments
110after the sixth anniversary of the issuance of the qualified
111equity investment for which the proceeds were used to make the
112qualified low-income community investment. The qualified low-
113income community investment shall be deemed to be held by the
114issuer through the seventh anniversary of the qualified equity
115investment's issuance.
116     (i)  "Tax credit" means a credit against the taxes imposed
117by ss. 220.11 and 624.509, Florida Statutes.
118     (j)  "Taxpayer" means any individual or entity subject to
119the taxes imposed by ss. 220.11 and 624.509, Florida Statutes.
120     (2)  A taxpayer holding a qualified equity investment on a
121credit allowance date of such qualified equity investment is
122entitled to a tax credit during the taxable year, including the
123credit allowance date. The tax credit amount is equal to the
124applicable percentage of the adjusted purchase price paid to the
125issuer of such qualified equity investment. The amount of the
126tax credit that may be redeemed in any tax year may not exceed
127the amount of the taxpayer's state tax liability for such tax
128year. A tax credit authorized under this section is not
129refundable or transferable. Tax credits earned by a partnership,
130limited liability company, S corporation, or other "pass-
131through" entity may be allocated to the partners, members, or
132shareholders of such entity for their direct redemption in
133accordance with the provisions of any agreement among the
134partners, members, or shareholders. Any amount of tax credit
135that the taxpayer is prohibited by this section from redeeming
136in a taxable year may be carried forward to any of the
137taxpayer's subsequent taxable years. The amount of tax credits
138that may be allocated by the Department of Revenue under this
139section in each fiscal year may not exceed $15 million. The
140Department of Revenue shall limit the monetary amount of
141qualified equity investments authorized under this section to a
142level necessary to limit use of tax credits to no more than $15
143million of tax credits in any fiscal year. Such limitations on
144qualified equity investments shall be based solely on the
145anticipated use of credits without regard for the potential of
146taxpayers to carry forward tax credits to later tax years.
147     (3)  The issuer of the qualified equity investment must
148certify to the department the anticipated dollar amount of such
149investments to be made in this state during the first 12-month
150period following the initial credit allowance date. On the
151second credit allowance date, if the actual dollar amount of the
152investments is different from the amount estimated, the
153department shall adjust the credits arising on the second
154allowance date to account for the difference.
155     (4)  The department shall recapture the tax credit allowed
156under this section with respect to the qualified equity
157investment if:
158     (a)  Any amount of the federal tax credit available with
159respect to a qualified equity investment that is eligible for a
160tax credit under this section is recaptured under s. 45D of the
161Internal Revenue Code of 1986, as amended;
162     (b)  The issuer redeems or makes any principal repayment
163with respect to a qualified equity investment before the seventh
164anniversary of the issuance of the qualified equity investment;
165or
166     (c)  The qualified community development entity fails to
167maintain at least 85 percent of the proceeds of the qualified
168equity investment in qualified low-income community investments
169in Florida at any time before the seventh anniversary of the
170issuance of the qualified equity investment.
171
172Any tax credit that is subject to recapture shall be recaptured
173from the taxpayer who claimed the tax credit on a tax return.
174     (5)  The department shall adopt rules to administer this
175section, including recapture provisions on a scaled proportional
176basis, and to administer the allocation of tax credits issued
177for qualified equity investments, which shall be conducted on a
178first-come, first-served basis.
179     Section 2.  This act shall take effect July 1, 2007.


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