HB 1599

1
A bill to be entitled
2An act relating to research and development corporate
3income tax credit; creating s. 220.194, F.S.; providing
4legislative findings and intent; creating the Florida
5Research and Development Tax Credit for certain purposes;
6providing definitions; providing a corporate income tax
7credit for research and development expenses; providing
8requirements, criteria, procedures, and limitations for
9the credit; providing for carrying forward, assignment, or
10sale of unused credits; providing restrictions; specifying
11a maximum credit amount each state fiscal year; requiring
12the Department of Revenue to adopt rules; providing an
13effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 220.194, Florida Statutes, is created
18to read:
19     220.194  Research and development tax credit.--
20     (1)  LEGISLATIVE FINDINGS AND INTENT; CREATION OF FLORIDA
21RESEARCH AND DEVELOPMENT TAX CREDIT.--
22     (a)  The Legislature finds that research and development
23has become an underlying source of wealth in this century by
24generating ideas and technologies that spur productivity and
25economic growth. Further, more market sensitive than other
26sources of research and development, companies generate the main
27body of growth-stimulating innovations.
28     (b)  The Legislature further finds that research and
29development tax credits are proven to provide incentives for
30corporate research and development beyond expected levels.
31Research shows convincingly that, not only is the federal
32research and development tax credit an effective tool for
33stimulating additional research and development that in turn
34leads to faster economic growth, but also that state research
35and development tax credit programs are nearly as important to
36corporate research and development as the federal research and
37development tax credit program and that the typical state
38research and development tax credit program has been shown to
39increase general, company-funded research and development within
40a state, often enhancing the state's competitiveness by enabling
41the state to draw research and development activity away from
42other states.
43     (c)  Additionally, the Legislature finds that this state
44needs a state research and development tax credit program to
45ensure economic competitiveness. Unlike this state, more than
46half of the other states have research and development tax
47credit programs. Without a state research and development tax
48credit, this state lags behind the nation in all-important
49corporate research and development.
50     (d)  The Legislature therefore hereby creates the Florida
51Research and Development Tax Credit to incentivize corporate
52research and development activity within the state, sharpen the
53state's competitive edge by leveling the playing field with the
54state's regional and national competitors, and spur the state's
55vibrant innovation economy and attract high-wage, professional
56research jobs to the state.
57     (2)  DEFINITIONS.--As used in this section:
58     (a)  "Base amount" means the same as that term is defined
59in s. 41 of the Internal Revenue Code of 1986, as amended.
60     (b)  "Business enterprise" means any business or the
61headquarters of any such business that is engaged in
62manufacturing, warehousing and distributing, processing,
63telecommunications, tourism, or research and development
64industries. Such term does not include retail businesses.
65     (c)  "Qualified research expenses" means qualified research
66expenses for any business enterprise as that term is defined in
67s. 41 of the Internal Revenue Code of 1986, as amended, except
68that all wages paid and all purchases of services and supplies
69must be for research conducted within this state.
70     (3)  TAX CREDIT; AMOUNT; LIMITS; CARRYFORWARD, ASSIGNMENT,
71AND SALE.--
72     (a)  A credit against the tax imposed by this chapter is
73authorized for a business enterprise that has qualified research
74expenses in this state in a taxable year exceeding a base
75amount, provided the business enterprise for the same taxable
76year claims and is allowed a research credit under s. 41 of the
77Internal Revenue Code of 1986, as amended.
78     (b)  The tax credit provided in paragraph (a) shall be 10
79percent of the expenses exceeding the base amount.
80     (c)  The credit taken in any one taxable year shall not
81exceed 50 percent of the business enterprise's remaining net
82income tax liability in this state after all other credits have
83been applied.
84     (d)  Any unused credit claimed under this section may be
85carried forward 10 years from the close of the taxable year in
86which the qualified research expenses were made.
87     (e)  Any unused credit claimed under this section may be
88assigned or sold to another taxpayer in the state if there has
89been no claim for allowance filed within 1 year after the date
90the Department of Revenue approved the credit. The purchaser or
91assignee must use the newly obtained research and development
92tax credit in the taxable year in which the purchase or
93assignment of the credit is made. The purchased or assigned
94research and development credit cannot be used to offset more
95than 75 percent of a tax liability for a taxable year. The
96purchased or assigned credit cannot be carried over, carried
97back, resold, or refunded.
98     (f)  The maximum credit amount that may be approved during
99any state fiscal year is $20 million.
100     (4)  RULES.--The Department of Revenue shall adopt rules
101governing the manner and form of applications for credit and may
102establish guidelines concerning the requisites for an
103affirmative showing of qualification for the credit under this
104section.
105     Section 2.  This act shall take effect July 1, 2007.


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