1 | A bill to be entitled |
2 | An act relating to corporate income tax; amending s. |
3 | 220.03, F.S.; providing for the adoption of the 2008 |
4 | version of the Internal Revenue Code; providing for |
5 | exceptions to adoption; amending s. 220.13, F.S., relating |
6 | to the determination of adjusted federal income; |
7 | conforming provisions; amending ss. 220.241 and 220.33, |
8 | F.S.; revising the due date for filing and paying |
9 | estimated corporate income tax; authorizing the Department |
10 | of Revenue to adopt rules; providing for retroactive |
11 | application; providing effective dates. |
12 |
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13 | Be It Enacted by the Legislature of the State of Florida: |
14 |
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15 | Section 1. Paragraph (n) of subsection (1), paragraph (c) |
16 | of subsection (2), and subsection (3) of section 220.03, Florida |
17 | Statutes, are amended to read: |
18 | 220.03 Definitions.-- |
19 | (1) SPECIFIC TERMS.--When used in this code, and when not |
20 | otherwise distinctly expressed or manifestly incompatible with |
21 | the intent thereof, the following terms shall have the following |
22 | meanings: |
23 | (n) "Internal Revenue Code" means the United States |
24 | Internal Revenue Code of 1986, as amended and in effect on |
25 | January 1, 2008 2007, except as provided in subsection (3). |
26 | (2) DEFINITIONAL RULES.--When used in this code and |
27 | neither otherwise distinctly expressed nor manifestly |
28 | incompatible with the intent thereof: |
29 | (c) Any term used in this code shall have the same meaning |
30 | as when used in a comparable context in the Internal Revenue |
31 | Code and other statutes of the United States relating to federal |
32 | income taxes, as such code and statutes are in effect on January |
33 | 1, 2008 2007. However, if subsection (3) is implemented, the |
34 | meaning of any term shall be taken at the time the term is |
35 | applied under this code. |
36 | (3) FUTURE FEDERAL AMENDMENTS.-- |
37 | (a) On or after January 1, 1972, when expressly authorized |
38 | by law, any amendment to the Internal Revenue Code shall be |
39 | given effect under this code in such manner and for such periods |
40 | as are prescribed in the Internal Revenue Code, to the same |
41 | extent as if such amendment had been adopted by the Legislature |
42 | of this state. However, any such amendment shall have effect |
43 | under this code only to the extent that the amended provision of |
44 | the Internal Revenue Code shall be taken into account in the |
45 | computation of net income subject to tax hereunder. |
46 | (b)1. Section 102 of Pub. L. No. 110-185 amends s. 179(b) |
47 | of the Internal Revenue Code of 1986, as amended, and provides |
48 | temporary increases in the limitations of expensing specified |
49 | depreciable business assets for tax years beginning after |
50 | December 31, 2007. The amount of such temporary increases may |
51 | not be used in computing adjusted federal income for the purpose |
52 | of determining corporate income tax liability in this state. |
53 | 2. Section 103 of Pub. L. No. 110-185 amends s. 168(k) of |
54 | the Internal Revenue Code of 1986, as amended, for specified |
55 | property acquired after December 31, 2007, and before January 1, |
56 | 2009. Section 103 provides an additional allowance equal to 50 |
57 | percent of the adjusted basis of the qualified property entitled |
58 | to a depreciation deduction by s. 167(a) for the taxable year in |
59 | which such property is placed in service. The amount of such |
60 | special depreciation allowances may not be used in computing |
61 | adjusted federal income for the purpose of determining corporate |
62 | income tax liability in this state. |
63 | 3. It is the intent of the Legislature that ss. 102 and |
64 | 103 of Pub. L. No. 110-185 be construed to disallow a deduction |
65 | for bonus depreciation allowed under s. 168 of the Internal |
66 | Revenue Code of 1986, as amended, in computing state net income. |
67 | The applicable depreciation conventions and recovery periods |
68 | shall be computed in the same manner as they are computed by the |
69 | taxpayer in determining federal taxable income. As used in this |
70 | chapter, the term "bonus depreciation" includes all amounts |
71 | allowed as a special allowance under s. 168(k) of the Internal |
72 | Revenue Code of 1986, as amended. |
73 | Section 2. Paragraph (a) of subsection (1) of section |
74 | 220.13, Florida Statutes, is amended to read: |
75 | 220.13 "Adjusted federal income" defined.-- |
76 | (1) The term "adjusted federal income" means an amount |
77 | equal to the taxpayer's taxable income as defined in subsection |
78 | (2), or such taxable income of more than one taxpayer as |
79 | provided in s. 220.131, for the taxable year, adjusted as |
80 | follows: |
81 | (a) Additions.--There shall be added to such taxable |
82 | income: |
83 | 1. The amount of any tax upon or measured by income, |
84 | excluding taxes based on gross receipts or revenues, paid or |
85 | accrued as a liability to the District of Columbia or any state |
86 | of the United States which is deductible from gross income in |
87 | the computation of taxable income for the taxable year. |
88 | 2. The amount of interest which is excluded from taxable |
89 | income under s. 103(a) of the Internal Revenue Code or any other |
90 | federal law, less the associated expenses disallowed in the |
91 | computation of taxable income under s. 265 of the Internal |
92 | Revenue Code or any other law, excluding 60 percent of any |
93 | amounts included in alternative minimum taxable income, as |
94 | defined in s. 55(b)(2) of the Internal Revenue Code, if the |
95 | taxpayer pays tax under s. 220.11(3). |
96 | 3. In the case of a regulated investment company or real |
97 | estate investment trust, an amount equal to the excess of the |
98 | net long-term capital gain for the taxable year over the amount |
99 | of the capital gain dividends attributable to the taxable year. |
100 | 4. That portion of the wages or salaries paid or incurred |
101 | for the taxable year which is equal to the amount of the credit |
102 | allowable for the taxable year under s. 220.181. This |
103 | subparagraph shall expire on the date specified in s. 290.016 |
104 | for the expiration of the Florida Enterprise Zone Act. |
105 | 5. That portion of the ad valorem school taxes paid or |
106 | incurred for the taxable year which is equal to the amount of |
107 | the credit allowable for the taxable year under s. 220.182. This |
108 | subparagraph shall expire on the date specified in s. 290.016 |
109 | for the expiration of the Florida Enterprise Zone Act. |
110 | 6. The amount of emergency excise tax paid or accrued as a |
111 | liability to this state under chapter 221 which tax is |
112 | deductible from gross income in the computation of taxable |
113 | income for the taxable year. |
114 | 7. That portion of assessments to fund a guaranty |
115 | association incurred for the taxable year which is equal to the |
116 | amount of the credit allowable for the taxable year. |
117 | 8. In the case of a nonprofit corporation which holds a |
118 | pari-mutuel permit and which is exempt from federal income tax |
119 | as a farmers' cooperative, an amount equal to the excess of the |
120 | gross income attributable to the pari-mutuel operations over the |
121 | attributable expenses for the taxable year. |
122 | 9. The amount taken as a credit for the taxable year under |
123 | s. 220.1895. |
124 | 10. Up to nine percent of the eligible basis of any |
125 | designated project which is equal to the credit allowable for |
126 | the taxable year under s. 220.185. |
127 | 11. The amount taken as a credit for the taxable year |
128 | under s. 220.187. |
129 | 12. The amount taken as a credit for the taxable year |
130 | under s. 220.192. |
131 | 13. The amount taken as a credit for the taxable year |
132 | under s. 220.193. |
133 | 14. Any amount in excess of $25,000 allowable as a |
134 | deduction for federal income tax purposes under s. 179 of the |
135 | Internal Revenue Code of 1986, as amended, for the taxable year. |
136 | 15. Any amount allowable as a deduction for federal income |
137 | tax purposes under s. 167 or s. 168 of the Internal Revenue Code |
138 | of 1986, as amended, for the taxable year to the extent that |
139 | such amount includes bonus depreciation allowable as deduction |
140 | under s. 168(k). |
141 | Section 3. Effective January 1, 2009, section 220.241, |
142 | Florida Statutes, is amended to read: |
143 | 220.241 Declaration; time for filing.--A declaration of |
144 | estimated tax under this code shall be filed on or before the |
145 | 1st day of the 5th month of each taxable year, except that if |
146 | the minimum tax requirement of s. 220.24(1) is first met: |
147 | (1) After the 3rd month and before the 6th month of the |
148 | taxable year, the declaration shall be filed on or before the |
149 | 1st day of the 7th month; |
150 | (2) After the 5th month and before the 9th month of the |
151 | taxable year, the declaration shall be filed on or before the |
152 | 1st day of the 10th month; or |
153 | (3) After the 8th month and before the 12th month of the |
154 | taxable year, the declaration shall be filed for the taxable |
155 | year 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 |
158 | read: |
159 | 220.33 Payments of estimated tax.--A taxpayer required to |
160 | file a declaration of estimated tax pursuant to s. 220.24 shall |
161 | pay such estimated tax as follows: |
162 | (1) If the declaration is required to be filed on or |
163 | before the 1st first day of the 5th fifth month of the taxable |
164 | year, the estimated tax shall be paid in four equal |
165 | installments. The first installment shall be paid at the time of |
166 | the required filing of the declaration; the second and third |
167 | installments shall be paid on or before the 1st day of the 7th |
168 | month and before the 1st day of the 10th month months of the |
169 | taxable year, respectively; and the fourth installment shall be |
170 | paid on or before the 1st day of the next taxable year. |
171 | (2) If the declaration is required to be filed on or |
172 | before the 1st first day of the 7th seventh month of the taxable |
173 | year, the estimated tax shall be paid in three equal |
174 | installments. The first installment shall be paid at the time of |
175 | required filing of the declaration; the second installment shall |
176 | be paid on or before the 1st day of the 10th month of the |
177 | taxable year; and the third installment shall be paid on or |
178 | before the 1st day of the next taxable year. |
179 | (3) If the declaration is required to be filed on or |
180 | before the 1st day of the 10th month of the taxable year, the |
181 | estimated tax shall be paid in two equal installments: at the |
182 | time of required filing of the declaration for such taxable year |
183 | and on or before the 1st day of the next taxable year, |
184 | respectively. |
185 | Section 5. The Department of Revenue may adopt rules |
186 | necessary to administer the provisions of this act, including |
187 | rules, forms, and guidelines for computing, claiming, and adding |
188 | back bonus depreciation under s. 168(k) and deductions under s. |
189 | 179 of the Internal Revenue Code of 1986, as amended. |
190 | Section 6. Except as otherwise expressly provided in this |
191 | act, this act shall take effect upon becoming a law and shall |
192 | apply retroactively to January 1, 2008. |