Senate Bill sb2280c2

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    Florida Senate - 2007                    CS for CS for SB 2280

    By the Committees on Community Affairs; Commerce; and Senators
    Bennett and Lynn




    578-2545-07

  1                      A bill to be entitled

  2         An act relating to corporate income tax

  3         credits; creating part XII of ch. 288, F.S.,

  4         consisting of ss. 288.991 and 288.992, F.S.;

  5         providing for the qualification and sale of

  6         investments that provide tax credits; providing

  7         definitions; providing that a taxpayer who

  8         holds a qualified equity investment in a

  9         qualified low-income business on the credit

10         allowance date of the investment is entitled to

11         a nonrefundable, nontransferable tax credit for

12         the taxable year in which the credit allowance

13         date falls; providing for calculating the

14         amount of the tax credit; limiting the amount

15         of the tax credit that may be redeemed in a

16         fiscal year; authorizing a taxpayer to carry

17         over any amount of the tax credit that the

18         taxpayer is prohibited from redeeming in a

19         taxable year to any subsequent taxable year;

20         providing for the redemption of tax credits

21         earned by certain business entities and by the

22         partners, members, or shareholders of those

23         entities; authorizing the Office of Tourism,

24         Trade, and Economic Development to qualify

25         equity investments as eligible for tax credits;

26         providing an application process; requiring a

27         fee; providing for the certification of the

28         investment; providing for notice to the

29         applicant and the Department of Revenue;

30         providing for a limit on the amount of

31         investments the office may certify; requiring

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 1         the certified equity investments to be issued

 2         within a certain time frame; requiring the

 3         taxpayer to elect how the credit will be

 4         applied; providing how the amount of tax

 5         credits available will be calculated; requiring

 6         the calculations to be certified and

 7         accompanied by audited financial statements and

 8         notarized affidavits; requiring the department

 9         to recapture tax credits from certain taxpayers

10         under certain circumstances; requiring notice;

11         requiring community development entities that

12         have certified investments to report certain

13         information to the department; requiring the

14         department to file annual reports on low-income

15         community investments made in this state;

16         authorizing the department to conduct

17         examinations to verify receipt and application

18         of tax credits; authorizing the department to

19         pursue recovery of certain funds; authorizing

20         the department to revoke or modify certain

21         decisions relating to eligibility for tax

22         credits under certain circumstances; providing

23         for applicant liability for costs and fees

24         relating to investigations of fraudulent

25         claims; providing for taxpayer liability for

26         reimbursement of fraudulently claimed tax

27         credits; providing a penalty; providing for

28         rules; providing for future repeal; amending s.

29         220.02, F.S.; revising legislative intent with

30         respect to the order of tax credits to conform;

31         amending s. 220.13, F.S.; revising a

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 1         definition; amending s. 213.053, F.S.;

 2         authorizing the Department of Revenue to share

 3         confidential taxpayer information with the

 4         Office of Tourism, Trade, and Economic

 5         Development; providing an effective date.

 6  

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

 8  

 9         Section 1.  Part XII of chapter 288, Florida Statutes,

10  consisting of sections 288.991 and 288.992, is created to

11  read:

12         288.991  New Markets Tax Credit Act.--This part may be

13  cited as the "New Markets Tax Credit Act."

14         288.992  Qualified equity investments; tax credit.--

15         (1)  DEFINITIONS.--As used in this section, the term:

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

17  amount paid at issuance for a qualified equity investment and

18  a fraction of which the numerator is the dollar amount of

19  qualified low-income community investments made in this state

20  with the proceeds from the issuance of a qualified equity

21  investment held by a qualified community development entity on

22  the applicable credit allowance date and the denominator of

23  which is the total dollar amount of qualified low-income

24  community investments made with the proceeds from the issuance

25  of a qualified equity investment held by a qualified community

26  development entity on the applicable credit allowance date.

27         (b)  "Credit allowance date" means:

28         1.  The first anniversary of the date a qualified

29  equity investment is initially made; and

30         2.  Each of the five subsequent anniversaries of such

31  date.

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 1         (c)  "Long-term debt security" means any debt

 2  instrument issued by a qualified community development entity,

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

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

 5  acceleration of repayment, amortization, or prepayment

 6  features before its original maturity date and having no

 7  distribution, payment, or interest features related to the

 8  profitability of the qualified community development entity or

 9  the performance of the entity's investment portfolio. This

10  paragraph does not limit the holder's ability to accelerate

11  payments on the debt instrument in situations in which the

12  qualified community development entity has defaulted on

13  covenants designed to ensure compliance with this section or

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

15         (d)  "Low-income community" means any population census

16  tract within the state of Florida where:

17         1.  The federal individual poverty rate is at least 20

18  percent; or

19         2.  In the case of a tract:

20         a.  Not located within a metropolitan area, the median

21  family income does not exceed 80 percent of the statewide

22  median family income; or

23         b.  Located within a metropolitan area, the median

24  family income does not exceed 80 percent of the greater of the

25  statewide median family income or the metropolitan area median

26  income.

27         (e)  "Office" means the Office of Tourism, Trade, and

28  Economic Development.

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

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

31  of 1986, as amended, but excludes any trade or business:

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 1         1.  That derives or projects to derive 15 percent or

 2  more of its annual revenue from the rental or sale of real

 3  estate;

 4         2.  That consists predominantly of the development or

 5  holding of intangibles for sale or license;

 6         3.  That consists of the operation of any private or

 7  commercial golf course, country club, massage parlor, hot tub

 8  facility, suntan facility, racetrack, or other facility used

 9  for gambling, or any store the principal business of which is

10  the sale of alcoholic beverages for consumption off premises;

11  or

12         4.  The principal activity of which is farming if the

13  sum of the aggregate unadjusted bases or, if greater, the fair

14  market value, of the assets owned by the business which are

15  used in such trade or business and the aggregate value of the

16  assets leased by the business used in such trade or business

17  exceeds $500,000. For the purposes of this subparagraph, two

18  or more trades or businesses are treated as a single trade or

19  business.

20         (g)  "Qualified community development entity" means any

21  entity that has been certified as a qualified community

22  development entity by the Community Development Financial

23  Institutions Fund of the United States Treasury Department

24  pursuant to s. 45D of the Internal Revenue Code of 1986, as

25  amended, the certification of which has not been revoked, and

26  that has entered into an allocation agreement with the

27  Community Development Financial Institutions Fund with respect

28  to tax credits authorized by section 45D of the Internal

29  Revenue Code of 1986, as amended.

30  

31  

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 1         (h)  "Qualified equity investment" means any equity

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

 3  community development entity that:

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

 5  original issuance solely in exchange for cash;

 6         2.  Has at least 85 percent of its cash purchase price

 7  used by the qualified community development entity to make

 8  qualified low-income community investments within the 12-month

 9  period beginning on the date the cash is paid by the taxpayer

10  to the entity; and

11         3.  Is certified by the Office of Tourism, Trade, and

12  Economic Development as a qualified equity investment pursuant

13  to this section.

14         (i)  "Qualified low-income community investment" means

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

16  active low-income community business made after July 1, 2007.

17  With respect to any one qualified active low-income community

18  business, the maximum amount of debt or equity issued by it on

19  a collective basis with all of its affiliates which may be

20  included in the calculation of any numerator described in

21  paragraph (a) shall be $10 million, whether such investments

22  are issued to one or more qualified community development

23  entities.

24         (2)  AUTHORIZATION OF TAX CREDITS.--

25         (a)  A taxpayer holding a qualified equity investment

26  issued by a community development entity on the credit

27  allowance date of the investment is entitled to a tax credit

28  against the taxes imposed by s. 220.11 or s. 624.509 during

29  the tax year that includes the credit allowance date. The tax

30  credit amount is equal to 8.33 percent of the adjusted

31  purchase price of the qualified equity investment.

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 1         (b)  The taxpayer's cash investment in the qualified

 2  equity investment received by the community development entity

 3  is treated as invested in a qualified low-income community

 4  investment only to the extent that the cash is invested within

 5  the 12-month period beginning on the date the cash is paid by

 6  the taxpayer to the community development entity.

 7         (c)  A taxpayer may not redeem any portion of a tax

 8  credit in a tax year in which the tax credit exceeds the

 9  taxpayer's state tax liability for such tax year. Any amount

10  of the tax credit that the taxpayer is prohibited from

11  redeeming may be carried forward for use in a subsequent tax

12  year; however, all unused tax credits expire on December 31,

13  2028.

14         (d)  A tax credit authorized under this section is not

15  refundable or transferable. However, if a qualified equity

16  investment is transferred, the tax credits for future credit

17  allowance dates, if any, transfer with the investment. Credit

18  amounts, including any carryover amounts, from credit

19  allowance dates prior to the date of transfer do not transfer

20  with the qualified equity investment. Tax credits earned by a

21  partnership, limited liability company, S corporation, or

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

23  members, or shareholders of such entity for their direct

24  redemption in accordance with the provisions of any agreement

25  among the partners, members, or shareholders.

26         (3)  DESIGNATION OF QUALIFIED EQUITY INVESTMENTS.--

27         (a)  Any qualified community development entity that

28  seeks to have an equity investment or long-term debt security

29  designated as a qualified equity investment and eligible for

30  tax credits under this section shall apply to the office. The

31  qualified community development entity shall submit an

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 1  application on a form that the office prescribes by rule, and

 2  that includes, but need not be limited to:

 3         1.  The name, address, tax identification number of the

 4  entity, and evidence of the entity's certification as a

 5  qualified community development entity;

 6         2.  A copy of an allocation agreement executed by the

 7  entity and the Community Development Financial Institutions

 8  Fund with respect to the allocation of tax credits under s. 4D

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

10         3.  A certificate, executed by an executive officer of

11  the entity, attesting that such allocation agreement remains

12  in effect and has not been revoked or cancelled by the

13  Community Development Financial Institutions Fund;

14         4.  A description of the proposed amount, structure,

15  and purchaser of the equity investment or long-term debt

16  security;

17         5.  The name and tax identification number of any

18  person or entity that will be eligible to redeem tax credits

19  earned as a result of the issuance of the qualified equity

20  investment;

21         6.  Information regarding the proposed use of proceeds

22  from the issuance of a qualified equity investment, which must

23  include the types of qualified active low-income community

24  businesses that will be funded and an estimate of the

25  percentage of qualified low-income community investments that

26  will be made in Florida. In addition, the entity shall submit

27  a nonrefundable application fee of $1,000 to the office with

28  each application submitted; and

29         7.  A statement setting forth the entity's plans for

30  the development of relationships with community-based

31  organizations, local community development offices and

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 1  organizations, and economic development organizations as well

 2  as any steps the entity has taken to implement these

 3  relationships.

 4         (b)  Within 30 days after receipt of a completed

 5  application containing all the information necessary for the

 6  office to certify a potential qualified equity investment,

 7  including payment of the application fee, the office shall

 8  grant or deny the application in full or in part. If the

 9  office denies any part of the application, it shall inform the

10  qualified community development entity of the grounds for the

11  denial. If the qualified community development entity provides

12  any additional information required by the office or otherwise

13  completes its application within 15 days after the notice of

14  denial, the application shall be considered completed as of

15  the original date of submission. If the qualified community

16  development entity fails to provide such information or

17  complete its application within the 15-day period, the

18  application remains denied and must be resubmitted in full

19  with a new submission date.

20         (c)  If an application is deemed complete by the

21  office, it shall certify the proposed equity investment or

22  long-term debt security as a qualified equity investment and

23  eligible for tax credits under this section. The office shall

24  provide written notice of the certification to the qualified

25  community development entity and the Department of Revenue.

26  The written notice must include the maximum amount of tax

27  credits that may be earned as a result of the issuance of the

28  qualified equity investment, which shall be calculated with

29  reference to the percentage of qualified low-income community

30  investments estimated to be made in Florida by the qualified

31  community development entity in its application, and the names

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 1  of those taxpayers who are eligible to redeem the credits and

 2  their respective credit amounts. The office shall certify

 3  qualified equity investments in the order applications for

 4  certification are received. Any applications received on the

 5  same day shall be deemed to have been received simultaneously.

 6         (d)  Once the office has certified qualified equity

 7  investments that, on a cumulative basis, are eligible for $105

 8  million in tax credits, of which no more than $15 million may

 9  be claimed per state fiscal year exclusive of tax credits

10  carried forward, and on or after June 30, 2014, the office may

11  not certify any more qualified equity investments. Tax credits

12  subject to appropriations in any year must be approved by the

13  Legislature. If a pending request for certification cannot be

14  fully certified under this section, the office shall certify

15  the portion that may be certified unless the qualified

16  community development entity elects to withdraw its request

17  rather than receive partial credits.

18         (e)  Within 30 days after notice of certification from

19  the office, the qualified community development entity must

20  issue the qualified equity investment and receive cash in the

21  amount of the certified amount. The qualified community

22  development entity shall provide the office with evidence of

23  the receipt of the investment within 10 business days after

24  receipt. If the qualified community development entity does

25  not issue the qualified equity investment and receive the cash

26  investment within the 30 days following receipt of the

27  certification notice, the certification shall lapse and the

28  entity may not issue the qualified equity investment without

29  reapplying to the office for certification. Any certification

30  that lapses reverts back to the office and may be reissued in

31  

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 1  accordance with the application process outlined in this

 2  section.

 3         (f)  On the date that a qualified equity investment is

 4  initially made, the purchaser must make an election to apply

 5  the credit against taxes due under chapter 220 or chapter 624

 6  or against a stated combination of the two taxes, and shall

 7  provide notice of such election to the office and Department

 8  of Revenue. The purchaser or subsequent holder of the

 9  qualified equity investment or a member, partner, or

10  shareholder of the holder who is eligible to take the credit

11  may not alter this election without prior notice to and

12  approval from the Department of Revenue.

13         (4)  ANNUAL CALCULATION OF CREDIT.--

14         (a)  Within 30 days after each credit allowance date,

15  each qualified community development entity shall submit to

16  the office the following with respect to each qualified equity

17  investment issued by it:

18         1.  A listing, certified by an executive officer of the

19  qualified community development entity, of all qualified

20  low-income community investments made by the qualified

21  community development entity with the proceeds of a qualified

22  equity investment and held as of the credit allowance date,

23  which must include the name of each qualified active

24  low-income business funded, the location of the principal

25  office of each such business, the type of business, the amount

26  of the qualified low-income community investment in each such

27  business, and the total of qualified low-income community

28  investments by all community development entities in each such

29  business;

30         2.  Bank records, wire transfer records, or other

31  similar documents that reflect the investments listed above;

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 1         3.  A calculation, certified by the chief financial or

 2  accounting officer of the qualified community development

 3  entity, of the amount of qualified low-income community

 4  investments in Florida made with the proceeds of the issuance

 5  of the qualified equity investment held by the entity as of

 6  the credit allowance date, and the total qualified low-income

 7  community investments made with the proceeds of the issuance

 8  of the qualified equity investment held by the entity on the

 9  credit allowance date. In making this calculation, an

10  investment in Florida shall be deemed to be held by a

11  qualified community development entity even if the investment

12  has been sold or repaid if the entity reinvests an amount

13  equal to the capital returned to or recovered from the

14  original investment, exclusive of any profits realized, in

15  another qualified low-income community investment in Florida

16  within 12 months after receipt of such capital. A qualified

17  community development entity is not required to reinvest

18  capital returned from qualified low-income community

19  investments after the sixth anniversary of the issuance of the

20  qualified equity investment for which the proceeds were used

21  to make the qualified low-income community investment. The

22  qualified low-income community investment shall be deemed to

23  be held by the qualified community development entity through

24  the seventh anniversary of the qualified equity investment's

25  issuance;

26         4.  An attestation from the qualified community

27  development entity's chief financial or accounting officer

28  that no redemption or principal payment was made with respect

29  to the qualified equity investment since the previous credit

30  allowance date; and

31  

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 1         5.  Any information with respect to a recapture of the

 2  federal tax credits available with respect to a qualified

 3  equity investment that the qualified community development

 4  entity has received since the prior credit allowance date.

 5         (b)  Within 20 days after receipt of the information

 6  listed in paragraph (a), the office shall certify in writing

 7  to the qualified community development entity and to the

 8  Department of Revenue the amount of credit that is eligible

 9  for use for the credit allowance date. The notice must include

10  a listing of those taxpayers that are eligible to redeem the

11  tax credit for such credit allowance date.

12         (5)  AUDIT AND RECAPTURE.--

13         (a)  A qualified community development entity that

14  receives an annual allocation of tax credits in an amount

15  equal to or in excess of $500,000 shall be treated as a

16  recipient pursuant to s. 215.97(2) and required to participate

17  in a state single audit pursuant to s. 215.97. In addition to

18  the required financial reporting package, the audit must

19  attest to the qualified community development entity's

20  adherence to the performance conditions enumerated in this

21  section as they relate to the potential for recapture of the

22  tax credit required by subsection (b). The office shall be

23  deemed the state awarding agency and state coordinating agency

24  pursuant to s. 215.97. Taxpayers that are not qualified

25  community development entities shall not be treated as

26  subrecipients pursuant to s. 215.97(2) or otherwise required

27  to participate in the state single audit program since such

28  persons do not control adherence to the performance standards

29  of this program.

30  

31  

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 1         (b)  The office shall order recapture of any tax credit

 2  allowed under this section with respect to a qualified equity

 3  investment if:

 4         1.  Any amount of the federal tax credit available that

 5  is eligible for a tax credit under this section is recaptured

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

 7         2.  The qualified community development entity redeems

 8  or makes any principal repayment before the seventh

 9  anniversary of the issuance of the qualified equity

10  investment;

11         3.  The qualified community development entity fails to

12  maintain at least 85 percent of the proceeds of the qualified

13  equity investment in qualified low-income community

14  investments at any time before the seventh anniversary of the

15  issuance of the qualified equity investment and remains in

16  compliance with subparagraph (1)(g)2.;

17         4.  The qualified community development entity fails to

18  provide to the office and the Department of Revenue any of the

19  information or reports required by this section; or

20         5.  The office determines as a result of a state single

21  audit or an examination by the office that a taxpayer received

22  tax credits pursuant to this section to which the taxpayer was

23  not entitled.

24         (c)  The office shall provide notice to the qualified

25  community development entity and to the Department of Revenue

26  of any proposed recapture of tax credits pursuant to this

27  section. The entity shall have 90 days to cure any deficiency

28  indicated in the office's original recapture notice and avoid

29  such recapture. If the entity fails or is unable to cure such

30  deficiency within the 90-day period, the office shall provide

31  the entity and the Department of Revenue with a final order of

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 1  recapture. The qualified community development entity shall be

 2  responsible for providing copies of the final order of

 3  recapture to persons owning the tax credits at issue.

 4         (d)  Any tax credit for which a final recapture order

 5  has been issued shall be recaptured by the Department of

 6  Revenue from the taxpayer who claimed the tax credit on a tax

 7  return, or in the case of multiple succeeding entities, in the

 8  order of tax-credit succession, and such funds shall be paid

 9  into the General Revenue Fund. Such action by the Department

10  of Revenue does not constitute an audit or otherwise alter the

11  Department of Revenue's ability to audit the taxpayer.

12         (6)  ANNUAL REPORTING.--

13         (a)  Within 120 days after the end of a calendar year

14  that includes a credit allowance date, each community

15  development entity that has an equity investment or long-term

16  debt security certified as a qualified equity investment under

17  this section shall provide the office with:

18         1.  The entity's annual financial statements for the

19  immediately preceding calendar year, audited by an independent

20  certified public accountant;

21         2.  Using the North American Industry Classification

22  System Code, the types of businesses funded, the counties

23  where the qualified active low-income community businesses are

24  located, the dollars invested, and the number of jobs created

25  and retained by qualified active low-income businesses funded

26  in a form satisfactory to the office; and

27         3.  A statement detailing a description of the

28  relationships that the entity has established with

29  community-based organizations, local community development

30  offices and organizations, and economic development

31  

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 1  organizations, and a summary of the outcomes resulting from

 2  those relationships.

 3         (b)  The office shall file an annual report of all

 4  qualified low-income community investments made in this state

 5  with the proceeds of qualified equity investments which

 6  includes relevant statistics from the North American Industry

 7  Classification System Code, the county or counties where the

 8  qualified low-income community investments are located, the

 9  dollars invested, the number of jobs created and retained by

10  business in which qualified low-income community investments

11  have been made, and the value of applicable state tax credits

12  claimed for the latest year for which such information is

13  available. The office shall submit a copy to the Governor, the

14  President of the Senate, and the Speaker of the House of

15  Representatives each July 1, beginning in 2009, and may post

16  the annual report on the office's website.

17         (7)  EXAMINATION.--

18         (a)  The office may conduct examinations to verify that

19  tax credits under this section have been received and applied

20  according to the requirements of this section and to verify

21  information provided by qualified community development

22  entities to the office.

23         (b)  The office may revoke or modify any written

24  decision qualifying, certifying, or otherwise granting

25  eligibility for tax credits under this section if it is

26  discovered that the qualified community development entity

27  submitted any false statement, representation, or

28  certification in any application, record, report, plan, or

29  other document filed in an attempt to receive tax credits

30  under this section.

31  

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 1         (c)  Any qualified community development entity that

 2  submits information under this section which includes

 3  fraudulent information is liable for reimbursement of the

 4  reasonable costs and fees associated with the review,

 5  processing, investigation, and prosecution of the fraudulent

 6  claim plus a penalty in an amount double the credit amount

 7  certified and claimed by the holders of the entity's qualified

 8  equity investments, which penalty is in addition to any

 9  criminal penalty to which the taxpayer is liable for the same

10  acts.

11         (8)  APPLICATION.--This section does not apply for any

12  fiscal year unless funds to offset the tax credits to be

13  allocated by the Department of Revenue have been appropriated.

14         (9)  RULEMAKING AUTHORITY.--

15         (a)  The office may adopt rules pursuant to ss.

16  120.536(1) and 120.54 to administer this section.

17         (b)  The Department of Revenue may adopt rules pursuant

18  to ss. 120.536(1) and 120.54 to administer this section.

19         (10)  EXPIRATION.--This section expires December 31,

20  2028.

21         Section 2.  Subsection (8) of section 220.02, Florida

22  Statutes, is amended to read:

23         220.02  Legislative intent.--

24         (8)  It is the intent of the Legislature that credits

25  against either the corporate income tax or the franchise tax

26  be applied in the following order: those enumerated in s.

27  631.828, those enumerated in s. 220.191, those enumerated in

28  s. 220.181, those enumerated in s. 220.183, those enumerated

29  in s. 220.182, those enumerated in s. 220.1895, those

30  enumerated in s. 221.02, those enumerated in s. 220.184, those

31  enumerated in s. 220.186, those enumerated in s. 220.1845,

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 1  those enumerated in s. 220.19, those enumerated in s. 220.185,

 2  those enumerated in s. 220.187, those enumerated in s.

 3  220.192, and those enumerated in s. 220.193, and those

 4  enumerated in s. 288.992.

 5         Section 3.  Paragraph (a) of subsection (1) of section

 6  220.13, Florida Statutes, is amended to read:

 7         220.13  "Adjusted federal income" defined.--

 8         (1)  The term "adjusted federal income" means an amount

 9  equal to the taxpayer's taxable income as defined in

10  subsection (2), or such taxable income of more than one

11  taxpayer as provided in s. 220.131, for the taxable year,

12  adjusted as follows:

13         (a)  Additions.--There shall be added to such taxable

14  income:

15         1.  The amount of any tax upon or measured by income,

16  excluding taxes based on gross receipts or revenues, paid or

17  accrued as a liability to the District of Columbia or any

18  state of the United States which is deductible from gross

19  income in the computation of taxable income for the taxable

20  year.

21         2.  The amount of interest which is excluded from

22  taxable income under s. 103(a) of the Internal Revenue Code or

23  any other federal law, less the associated expenses disallowed

24  in the computation of taxable income under s. 265 of the

25  Internal Revenue Code or any other law, excluding 60 percent

26  of any amounts included in alternative minimum taxable income,

27  as defined in s. 55(b)(2) of the Internal Revenue Code, if the

28  taxpayer pays tax under s. 220.11(3).

29         3.  In the case of a regulated investment company or

30  real estate investment trust, an amount equal to the excess of

31  the net long-term capital gain for the taxable year over the

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 1  amount of the capital gain dividends attributable to the

 2  taxable year.

 3         4.  That portion of the wages or salaries paid or

 4  incurred for the taxable year which is equal to the amount of

 5  the credit allowable for the taxable year under s. 220.181.

 6  This subparagraph shall expire on the date specified in s.

 7  290.016 for the expiration of the Florida Enterprise Zone Act.

 8         5.  That portion of the ad valorem school taxes paid or

 9  incurred for the taxable year which is equal to the amount of

10  the credit allowable for the taxable year under s. 220.182.

11  This subparagraph shall expire on the date specified in s.

12  290.016 for the expiration of the Florida Enterprise Zone Act.

13         6.  The amount of emergency excise tax paid or accrued

14  as a liability to this state under chapter 221 which tax is

15  deductible from gross income in the computation of taxable

16  income for the taxable year.

17         7.  That portion of assessments to fund a guaranty

18  association incurred for the taxable year which is equal to

19  the amount of the credit allowable for the taxable year.

20         8.  In the case of a nonprofit corporation which holds

21  a pari-mutuel permit and which is exempt from federal income

22  tax as a farmers' cooperative, an amount equal to the excess

23  of the gross income attributable to the pari-mutuel operations

24  over the attributable expenses for the taxable year.

25         9.  The amount taken as a credit for the taxable year

26  under s. 220.1895.

27         10.  Up to nine percent of the eligible basis of any

28  designated project which is equal to the credit allowable for

29  the taxable year under s. 220.185.

30         11.  The amount taken as a credit for the taxable year

31  under s. 220.187.

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 1         12.  The amount taken as a credit for the taxable year

 2  under s. 220.192.

 3         13.  The amount taken as a credit for the taxable year

 4  under s. 220.193.

 5         14.  Any portion of a qualified equity investment, as

 6  defined in s. 288.993, which has been claimed as a deduction

 7  by the taxpayer for the purpose of calculating the taxpayer's

 8  net income.

 9         Section 4.  Subsection (19) is added to section

10  213.053, Florida Statutes, to read:

11         213.053  Confidentiality and information sharing.--

12         (19)  Information relative to tax credits taken by a

13  taxpayer under s. 288.991 may be disclosed to the Office of

14  Tourism, Trade, and Economic Development or its employees or

15  agents that have been identified in writing by the office to

16  the department for use in performance of their official

17  duties. All information so obtained by the office is subject

18  to the same confidentiality as imposed on the department.

19         Section 5.  This act shall take effect July 1, 2007,

20  and applies to tax years ending after December 31, 2007.

21  

22  

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    Florida Senate - 2007                    CS for CS for SB 2280
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                            CS/SB 2280

 3                                 

 4  The committee substitute for committee substitute (CS) deletes
    and revises several definitions. It revises the criteria for
 5  the designation of qualified equity investments. The CS also
    revises the process for the annual calculation of credit for
 6  each qualified equity investment. It amends the audit
    procedures for verification of tax credits.
 7  
    This CS revises the reporting requirement for community
 8  development entities. It also authorizes the Office of
    Tourism, Trade, and Economic Development (OTTED) to conduct
 9  examinations to verify that the tax credits have been received
    and applied in compliance with the provisions fo the CS.
10  Finally, the CS allows authorized OTTED employees, for
    purposes of their official duties, to obtain information from
11  the Department of Revenue relating to tax credits taken by a
    taxpayer under s. 288.991, F.S.
12  

13  

14  

15  

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