Senate Bill sb2280

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    Florida Senate - 2007                                  SB 2280

    By Senator Bennett





    21-1515A-07

  1                      A bill to be entitled

  2         An act relating to premium and corporate income

  3         tax credits; providing definitions; providing

  4         that taxpayers who hold a qualified equity

  5         investment on a credit allowance date of the

  6         investment are entitled to a nonrefundable,

  7         nontransferable tax credit for the taxable year

  8         during which the credit allowance date falls;

  9         providing for calculating the amount of the tax

10         credit; limiting the amount of the tax credit

11         which may be redeemed in a fiscal year;

12         providing for the redemption of tax credits

13         earned by certain business entities and by the

14         partners, members, or shareholders of those

15         entities; authorizing a taxpayer to carry over

16         any amount of the tax credit which the taxpayer

17         is prohibited from redeeming in a taxable year

18         to any subsequent taxable year; requiring the

19         issuer of a qualified equity investment to

20         certify to the Department of Revenue the

21         anticipated dollar amount of investments to be

22         made in this state during a specified period

23         following the initial credit allowance date;

24         requiring the department to limit the monetary

25         amount of qualified equity investments to a

26         level necessary to limit the use of tax credits

27         to a specified amount in each fiscal year;

28         providing a basis for such limitation;

29         authorizing the department to adjust tax

30         credits under certain circumstances; requiring

31         the department to recapture tax credits from

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    Florida Senate - 2007                                  SB 2280
    21-1515A-07




 1         certain taxpayers under certain circumstances;

 2         requiring the department to adopt rules;

 3         requiring the department to administer the

 4         allocation of tax credits for certain qualified

 5         investments in a specified manner; providing an

 6         effective date.

 7  

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

 9  

10         Section 1.  New markets development program.--

11         (1)  As used in this section, the term:

12         (a)  "Adjusted purchase price" means the product of the

13  amount paid to the issuer of a qualified equity investment for

14  such qualified equity investment and a fraction whose

15  numerator is the dollar amount of qualified low-income

16  community investments held by the issuer in this state as of

17  the credit allowance date during the applicable tax year, and

18  whose denominator is the total dollar amount of qualified

19  low-income community investments held by the issuer as of the

20  credit allowance date during the applicable tax year.

21         (b)  "Applicable percentage" means zero percent for the

22  first credit allowance date and 8.33 percent for each of the

23  next six credit allowance dates.

24         (c)  "Credit allowance date" means:

25         1. The date on which any qualified equity investment is

26  initially made; and

27         2. The first anniversary date after the initial

28  investment date.

29         (d)  "Qualified community development entity" has the

30  same meaning as in s. 45D of the Internal Revenue Code of

31  1986, as amended, if such entity has entered into an

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    Florida Senate - 2007                                  SB 2280
    21-1515A-07




 1  allocation agreement with the Community Development Financial

 2  Institutions Fund of the United States Treasury Department

 3  with respect to credits authorized by s. 45D of the Internal

 4  Revenue Code of 1986, as amended.

 5         (e)  "Long-term debt security" means any debt

 6  instrument issued by a qualified community development entity,

 7  at par value or a premium, having an original maturity date of

 8  at least 7 years following the date of its issuance, with no

 9  acceleration of repayment, amortization, or prepayment

10  features before its original maturity date, and having no

11  distribution, payment, or interest features related to the

12  profitability of the qualified community development entity or

13  the performance of the qualified community development

14  entity's investment portfolio. This paragraph does not limit

15  the holder's ability to accelerate payments on the debt

16  instrument in situations where the issuer has defaulted on

17  covenants designed to ensure compliance with this section or

18  s. 45D of the Internal Revenue Code of 1986, as amended.

19         (f)  "Qualified active low-income community business"

20  has the same meaning as in s. 45D of the Internal Revenue Code

21  of 1986, as amended. Any business that derives or projects to

22  derive 15 percent or more of its annual revenue from the

23  rental or sale of real estate is not a qualified active

24  low-income community business.

25         (g)  "Qualified equity investment" means any equity

26  investment or long-term debt security issued by a qualified

27  community development entity which was a qualified equity

28  investment when in the possession of a prior holder or:

29         1.  Is acquired on or after July 1, 2007, at its

30  original issuance solely in exchange for cash;

31  

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    Florida Senate - 2007                                  SB 2280
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 1         2.  Has at least 85 percent of its cash purchase price

 2  used by the issuer to make qualified low-income community

 3  investments; and

 4         3.  Is designated by the issuer as a qualified equity

 5  investment pursuant to this section, regardless of whether it

 6  also has been designated as a qualified equity investment

 7  under s. 45D of the Internal Revenue Code of 1986, as amended.

 8         (h)  "Qualified low-income community investment" means

 9  any capital or equity investment in or loan to any qualified

10  active low-income community business. With respect to any one

11  qualified active low-income community business, on a

12  collective basis with all of its affiliates, the maximum

13  amount of investment which any qualified community development

14  entity, on an aggregate basis with all of its affiliates, may

15  use for the calculation of any numerator described in

16  paragraph (a) shall be $10 million. For purposes of

17  calculating the amount of qualified low-income community

18  investments held by an issuer, an investment shall be deemed

19  to be held by an issuer, even if the investment has been sold

20  or repaid, if the issuer reinvests an amount equal to the

21  capital returned to or recovered by the issuer from the

22  original investment, exclusive of any profits realized, in

23  another qualified low-income community investment within 12

24  months after receipt of such capital. An issuer is not

25  required to reinvest capital returned from qualified

26  low-income community investments after the sixth anniversary

27  of the issuance of the qualified equity investment for which

28  the proceeds were used to make the qualified low-income

29  community investment. The qualified low-income community

30  investment shall be deemed to be held by the issuer through

31  

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    Florida Senate - 2007                                  SB 2280
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 1  the seventh anniversary of the qualified equity investment's

 2  issuance.

 3         (i)  "Tax credit" means a credit against the tax

 4  imposed by ss. 220.11 and 624.509, Florida Statutes.

 5         (j)  "Taxpayer" means any individual or entity subject

 6  to the tax imposed by ss. 220.11 and 624.509, Florida

 7  Statutes.

 8         (2)  A taxpayer holding a qualified equity investment

 9  on a credit allowance date of such qualified equity investment

10  is entitled to a tax credit during the taxable year, including

11  the credit allowance date. The tax credit amount is equal to

12  the applicable percentage of the adjusted purchase price paid

13  to the issuer of such qualified equity investment. The amount

14  of the tax credit which may be redeemed in any tax year may

15  not exceed the amount of the taxpayer's state tax liability

16  for such tax year. A tax credit authorized under this section

17  is not refundable or transferable. Tax credits earned by a

18  partnership, limited liability company, S corporation, or

19  other "pass-through" entity may be allocated to the partners,

20  members, or shareholders of such entity for their direct

21  redemption in accordance with the provisions of any agreement

22  among the partners, members, or shareholders. Any amount of

23  tax credit which the taxpayer is prohibited by this section

24  from redeeming in a taxable year may be carried forward to any

25  of the taxpayer's subsequent taxable years. The amount of tax

26  credits which may be allocated by the Department of Revenue

27  under this section in each fiscal year may not exceed $15

28  million. The Department of Revenue shall limit the monetary

29  amount of qualified equity investments authorized under this

30  section to a level necessary to limit use of tax credits to no

31  more than $15 million of tax credits in any fiscal year. Such

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    Florida Senate - 2007                                  SB 2280
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 1  limitations on qualified equity investments shall be based

 2  solely on the anticipated use of credits without regard for

 3  the potential of taxpayers to carry forward tax credits to

 4  later tax years.

 5         (3)  The issuer of the qualified equity investment must

 6  certify to the department the anticipated dollar amount of

 7  such investments to be made in this state during the first

 8  12-month period following the initial credit allowance date.

 9  On the second credit allowance date, if the actual dollar

10  amount of the investments is different than the amount

11  estimated, the department shall adjust the credits arising on

12  the second allowance date to account for the difference.

13         (4)  The department shall recapture the tax credit

14  allowed under this section with respect to the qualified

15  equity investment if:

16         (a)  Any amount of the federal tax credit available

17  with respect to a qualified equity investment that is eligible

18  for a tax credit under this section is recaptured under s. 45D

19  of the Internal Revenue Code of 1986, as amended;

20         (b)  The issuer redeems or makes any principal

21  repayment with respect to a qualified equity investment before

22  the seventh anniversary of the issuance of the qualified

23  equity investment; or

24         (c)  The qualified community development entity fails

25  to maintain at least 85 percent of the proceeds of the

26  qualified equity investment in qualified low-income community

27  investments in Florida at any time before the seventh

28  anniversary of the issuance of the qualified equity

29  investment.

30  

31  

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    Florida Senate - 2007                                  SB 2280
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 1  Any tax credit that is subject to recapture shall be

 2  recaptured from the taxpayer who claimed the tax credit on a

 3  tax return.

 4         (5)  The department shall adopt rules to administer

 5  this section, including recapture provisions on a scaled

 6  proportional basis, and to administer the allocation of tax

 7  credits issued for qualified equity investments, which shall

 8  be conducted on a first-come, first-served basis.

 9         Section 2.  This act shall take effect July 1, 2007.

10  

11            *****************************************

12                          SENATE SUMMARY

13    Provides that taxpayers who hold a qualified equity
      investment on a credit allowance date of the investment
14    are entitled to a nonrefundable, nontransferable tax
      credit for the taxable year during which the credit
15    allowance date falls. Provides for the calculation of the
      amount of the tax credit. Limits the amount of the tax
16    credit that may be redeemed in a fiscal year. Provides
      for redemption of tax credits earned by certain business
17    entities and by the partners, members, or shareholders of
      those entities. Authorizes a taxpayer to carry over any
18    amount of the tax credit that the taxpayer is prohibited
      from redeeming in a taxable year to any subsequent
19    taxable year. Requires the issuer of a qualified equity
      investment to certify certain information to the
20    Department of Revenue. Requires the department to limit
      the monetary amount of qualified equity investments to a
21    level necessary to limit the use of tax credits to a
      specified amount in each fiscal year. Authorizes the
22    department to adjust tax credits under certain
      circumstances. Requires the department to recapture tax
23    credits from certain taxpayers under certain
      circumstances. Requires the department to adopt rules.
24    Requires the department to administer the allocation of
      tax credits for certain qualified investments in a
25    specified manner.

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