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