1 | Representative Coley offered the following: |
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3 | Amendment (with title amendment) |
4 | Between lines 804 and 805, insert: |
5 | Section 9. Subsection (2) of section 220.191, Florida |
6 | Statutes, is amended to read: |
7 | 220.191 Capital investment tax credit.-- |
8 | (2)(a) An annual credit against the tax imposed by this |
9 | chapter shall be granted to any qualifying business in an amount |
10 | equal to 5 percent of the eligible capital costs generated by a |
11 | qualifying project, for a period not to exceed 20 years |
12 | beginning with the commencement of operations of the project. |
13 | Unless assigned as described in this subsection, the tax credit |
14 | shall be granted against only the corporate income tax liability |
15 | or the premium tax liability generated by or arising out of the |
16 | qualifying project, and the sum of all tax credits provided |
17 | pursuant to this section shall not exceed 100 percent of the |
18 | eligible capital costs of the project. In no event may any |
19 | credit granted under this section be carried forward or backward |
20 | by any qualifying business with respect to a subsequent or prior |
21 | year. The annual tax credit granted under this section shall not |
22 | exceed the following percentages of the annual corporate income |
23 | tax liability or the premium tax liability generated by or |
24 | arising out of a qualifying project: |
25 | 1.(a) One hundred percent for a qualifying project which |
26 | results in a cumulative capital investment of at least $100 |
27 | million. |
28 | 2.(b) Seventy-five percent for a qualifying project which |
29 | results in a cumulative capital investment of at least $50 |
30 | million but less than $100 million. |
31 | 3.(c) Fifty percent for a qualifying project which results |
32 | in a cumulative capital investment of at least $25 million but |
33 | less than $50 million. |
34 | (b) A qualifying project which results in a cumulative |
35 | capital investment of less than $25 million is not eligible for |
36 | the capital investment tax credit. An insurance company claiming |
37 | a credit against premium tax liability under this program shall |
38 | not be required to pay any additional retaliatory tax levied |
39 | pursuant to s. 624.5091 as a result of claiming such credit. |
40 | Because credits under this section are available to an insurance |
41 | company, s. 624.5091 does not limit such credit in any manner. |
42 | (c) A qualifying business that establishes a qualifying |
43 | project that includes locating a new solar panel manufacturing |
44 | facility in this state that generates a minimum of 400 jobs |
45 | within 6 months after commencement of operations with an average |
46 | salary of at least $50,000 may assign or transfer the annual |
47 | credit, or any portion thereof, granted under this section to |
48 | any other business. However, the amount of the tax credit that |
49 | may be transferred in any year shall be the lesser of the |
50 | qualifying business's state corporate income tax liability for |
51 | that year, as limited by the percentages applicable under |
52 | paragraph (a) and as calculated prior to taking any credit |
53 | pursuant to this section, or the credit amount granted for that |
54 | year. A business receiving the transferred or assigned credits |
55 | may use the credits only in the year received, and the credits |
56 | may not be carried forward or backward. To perfect the transfer, |
57 | the transferor shall provide the department with a written |
58 | transfer statement notifying the department of the transferor's |
59 | intent to transfer the tax credits to the transferee; the date |
60 | the transfer is effective; the transferee's name, address, and |
61 | federal taxpayer identification number; the tax period; and the |
62 | amount of tax credits to be transferred. The department shall, |
63 | upon receipt of a transfer statement conforming to the |
64 | requirements of this paragraph, provide the transferee with a |
65 | certificate reflecting the tax credit amounts transferred. A |
66 | copy of the certificate must be attached to each tax return for |
67 | which the transferee seeks to apply such tax credits. |
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74 | T I T L E A M E N D M E N T |
75 | Remove line 40 and insert: |
76 | an application form for claiming a tax exemption; amending s. |
77 | 220.191, F.S.; providing that certain qualifying projects are |
78 | eligible to transfer capital investment tax credits to other |
79 | businesses under certain circumstances; providing limitations on |
80 | the use of such transferred credits; specifying requirements for |
81 | such transfers; amending |
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