HB 5065

1
A bill to be entitled
2An act relating to corporate income tax; amending s.
3220.03, F.S.; providing for the adoption of the 2008
4version of the Internal Revenue Code; providing for
5exceptions to adoption; amending s. 220.13, F.S., relating
6to the determination of adjusted federal income;
7conforming provisions; amending ss. 220.241 and 220.33,
8F.S.; revising the due date for filing and paying
9estimated corporate income tax; authorizing the Department
10of Revenue to adopt rules; providing for retroactive
11application; providing effective dates.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Paragraph (n) of subsection (1), paragraph (c)
16of subsection (2), and subsection (3) of section 220.03, Florida
17Statutes, are amended to read:
18     220.03  Definitions.--
19     (1)  SPECIFIC TERMS.--When used in this code, and when not
20otherwise distinctly expressed or manifestly incompatible with
21the intent thereof, the following terms shall have the following
22meanings:
23     (n)  "Internal Revenue Code" means the United States
24Internal Revenue Code of 1986, as amended and in effect on
25January 1, 2008 2007, except as provided in subsection (3).
26     (2)  DEFINITIONAL RULES.--When used in this code and
27neither otherwise distinctly expressed nor manifestly
28incompatible with the intent thereof:
29     (c)  Any term used in this code shall have the same meaning
30as when used in a comparable context in the Internal Revenue
31Code and other statutes of the United States relating to federal
32income taxes, as such code and statutes are in effect on January
331, 2008 2007. However, if subsection (3) is implemented, the
34meaning of any term shall be taken at the time the term is
35applied under this code.
36     (3)  FUTURE FEDERAL AMENDMENTS.--
37     (a)  On or after January 1, 1972, when expressly authorized
38by law, any amendment to the Internal Revenue Code shall be
39given effect under this code in such manner and for such periods
40as are prescribed in the Internal Revenue Code, to the same
41extent as if such amendment had been adopted by the Legislature
42of this state. However, any such amendment shall have effect
43under this code only to the extent that the amended provision of
44the Internal Revenue Code shall be taken into account in the
45computation of net income subject to tax hereunder.
46     (b)1.  Section 102 of Pub. L. No. 110-185 amends s. 179(b)
47of the Internal Revenue Code of 1986, as amended, and provides
48temporary increases in the limitations of expensing specified
49depreciable business assets for tax years beginning after
50December 31, 2007. The amount of such temporary increases may
51not be used in computing adjusted federal income for the purpose
52of determining corporate income tax liability in this state.
53     2.  Section 103 of Pub. L. No. 110-185 amends s. 168(k) of
54the Internal Revenue Code of 1986, as amended, for specified
55property acquired after December 31, 2007, and before January 1,
562009. Section 103 provides an additional allowance equal to 50
57percent of the adjusted basis of the qualified property entitled
58to a depreciation deduction by s. 167(a) for the taxable year in
59which such property is placed in service. The amount of such
60special depreciation allowances may not be used in computing
61adjusted federal income for the purpose of determining corporate
62income tax liability in this state.
63     3.  It is the intent of the Legislature that ss. 102 and
64103 of Pub. L. No. 110-185 be construed to disallow a deduction
65for bonus depreciation allowed under s. 168 of the Internal
66Revenue Code of 1986, as amended, in computing state net income.
67The applicable depreciation conventions and recovery periods
68shall be computed in the same manner as they are computed by the
69taxpayer in determining federal taxable income. As used in this
70chapter, the term "bonus depreciation" includes all amounts
71allowed as a special allowance under s. 168(k) of the Internal
72Revenue Code of 1986, as amended.
73     Section 2.  Paragraph (a) of subsection (1) of section
74220.13, Florida Statutes, is amended to read:
75     220.13  "Adjusted federal income" defined.--
76     (1)  The term "adjusted federal income" means an amount
77equal to the taxpayer's taxable income as defined in subsection
78(2), or such taxable income of more than one taxpayer as
79provided in s. 220.131, for the taxable year, adjusted as
80follows:
81     (a)  Additions.--There shall be added to such taxable
82income:
83     1.  The amount of any tax upon or measured by income,
84excluding taxes based on gross receipts or revenues, paid or
85accrued as a liability to the District of Columbia or any state
86of the United States which is deductible from gross income in
87the computation of taxable income for the taxable year.
88     2.  The amount of interest which is excluded from taxable
89income under s. 103(a) of the Internal Revenue Code or any other
90federal law, less the associated expenses disallowed in the
91computation of taxable income under s. 265 of the Internal
92Revenue Code or any other law, excluding 60 percent of any
93amounts included in alternative minimum taxable income, as
94defined in s. 55(b)(2) of the Internal Revenue Code, if the
95taxpayer pays tax under s. 220.11(3).
96     3.  In the case of a regulated investment company or real
97estate investment trust, an amount equal to the excess of the
98net long-term capital gain for the taxable year over the amount
99of the capital gain dividends attributable to the taxable year.
100     4.  That portion of the wages or salaries paid or incurred
101for the taxable year which is equal to the amount of the credit
102allowable for the taxable year under s. 220.181. This
103subparagraph shall expire on the date specified in s. 290.016
104for the expiration of the Florida Enterprise Zone Act.
105     5.  That portion of the ad valorem school taxes paid or
106incurred for the taxable year which is equal to the amount of
107the credit allowable for the taxable year under s. 220.182. This
108subparagraph shall expire on the date specified in s. 290.016
109for the expiration of the Florida Enterprise Zone Act.
110     6.  The amount of emergency excise tax paid or accrued as a
111liability to this state under chapter 221 which tax is
112deductible from gross income in the computation of taxable
113income for the taxable year.
114     7.  That portion of assessments to fund a guaranty
115association incurred for the taxable year which is equal to the
116amount of the credit allowable for the taxable year.
117     8.  In the case of a nonprofit corporation which holds a
118pari-mutuel permit and which is exempt from federal income tax
119as a farmers' cooperative, an amount equal to the excess of the
120gross income attributable to the pari-mutuel operations over the
121attributable expenses for the taxable year.
122     9.  The amount taken as a credit for the taxable year under
123s. 220.1895.
124     10.  Up to nine percent of the eligible basis of any
125designated project which is equal to the credit allowable for
126the taxable year under s. 220.185.
127     11.  The amount taken as a credit for the taxable year
128under s. 220.187.
129     12.  The amount taken as a credit for the taxable year
130under s. 220.192.
131     13.  The amount taken as a credit for the taxable year
132under s. 220.193.
133     14.  Any amount in excess of $25,000 allowable as a
134deduction for federal income tax purposes under s. 179 of the
135Internal Revenue Code of 1986, as amended, for the taxable year.
136     15.  Any amount allowable as a deduction for federal income
137tax purposes under s. 167 or s. 168 of the Internal Revenue Code
138of 1986, as amended, for the taxable year to the extent that
139such amount includes bonus depreciation allowable as deduction
140under s. 168(k).
141     Section 3.  Effective January 1, 2009, section 220.241,
142Florida Statutes, is amended to read:
143     220.241  Declaration; time for filing.--A declaration of
144estimated tax under this code shall be filed on or before the
1451st day of the 5th month of each taxable year, except that if
146the minimum tax requirement of s. 220.24(1) is first met:
147     (1)  After the 3rd month and before the 6th month of the
148taxable year, the declaration shall be filed on or before the
1491st day of the 7th month;
150     (2)  After the 5th month and before the 9th month of the
151taxable year, the declaration shall be filed on or before the
1521st day of the 10th month; or
153     (3)  After the 8th month and before the 12th month of the
154taxable year, the declaration shall be filed for the taxable
155year on or before the 1st day of the succeeding taxable year.
156     Section 4.  Effective January 1, 2009, subsections (1),
157(2), and (3) of section 220.33, Florida Statutes, are amended to
158read:
159     220.33  Payments of estimated tax.--A taxpayer required to
160file a declaration of estimated tax pursuant to s. 220.24 shall
161pay such estimated tax as follows:
162     (1)  If the declaration is required to be filed on or
163before the 1st first day of the 5th fifth month of the taxable
164year, the estimated tax shall be paid in four equal
165installments. The first installment shall be paid at the time of
166the required filing of the declaration; the second and third
167installments shall be paid on or before the 1st day of the 7th
168month and before the 1st day of the 10th month months of the
169taxable year, respectively; and the fourth installment shall be
170paid on or before the 1st day of the next taxable year.
171     (2)  If the declaration is required to be filed on or
172before the 1st first day of the 7th seventh month of the taxable
173year, the estimated tax shall be paid in three equal
174installments. The first installment shall be paid at the time of
175required filing of the declaration; the second installment shall
176be paid on or before the 1st day of the 10th month of the
177taxable year; and the third installment shall be paid on or
178before the 1st day of the next taxable year.
179     (3)  If the declaration is required to be filed on or
180before the 1st day of the 10th month of the taxable year, the
181estimated tax shall be paid in two equal installments: at the
182time of required filing of the declaration for such taxable year
183and on or before the 1st day of the next taxable year,
184respectively.
185     Section 5.  The Department of Revenue may adopt rules
186necessary to administer the provisions of this act, including
187rules, forms, and guidelines for computing, claiming, and adding
188back bonus depreciation under s. 168(k) and deductions under s.
189179 of the Internal Revenue Code of 1986, as amended.
190     Section 6.  Except as otherwise expressly provided in this
191act, this act shall take effect upon becoming a law and shall
192apply retroactively to January 1, 2008.


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