ENROLLED
       2009 Legislature                          SB 1112, 1st Engrossed
       
       
       
       
       
       
                                                             20091112er
    1  
    2         An act relating to the corporate income tax; amending
    3         s. 220.03, F.S.; deleting certain provisions relating
    4         to federal amendments to federal law dealing with
    5         bonus depreciation for purposes of adjusted federal
    6         income and corporate income tax liability; amending s.
    7         220.13, F.S.; deleting certain adjustments to federal
    8         income; specifying the treatment by this state of
    9         certain depreciation and expensing of assets that are
   10         allowed for federal income tax purposes; requiring the
   11         Department of Revenue to compromise certain penalties
   12         and interest under certain circumstances; specifying
   13         application; authorizing the department to adopt
   14         emergency rules for certain administrative purposes;
   15         providing for retroactive operation; providing an
   16         effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (3) of section 220.03, Florida
   21  Statutes, is amended to read:
   22         220.03 Definitions.—
   23         (3) FUTURE FEDERAL AMENDMENTS.—
   24         (a) On or after January 1, 1972, when expressly authorized
   25  by law, any amendment to the Internal Revenue Code shall be
   26  given effect under this code in such manner and for such periods
   27  as are prescribed in the Internal Revenue Code, to the same
   28  extent as if such amendment had been adopted by the Legislature
   29  of this state. However, any such amendment shall have effect
   30  under this code only to the extent that the amended provision of
   31  the Internal Revenue Code shall be taken into account in the
   32  computation of net income subject to tax hereunder.
   33         (b)1.Section 102 of Pub. L. No. 110-185 amends s. 179(b)
   34  of the Internal Revenue Code of 1986, as amended, and provides
   35  temporary increases in the limitations of expensing specified
   36  depreciable business assets for tax years beginning after
   37  December 31, 2007. The amount of such temporary increases may
   38  not be used in computing adjusted federal income for the purpose
   39  of determining corporate income tax liability in this state.
   40         2.Section 103 of Pub. L. No. 110-185 amends s. 168(k) of
   41  the Internal Revenue Code of 1986, as amended, for specified
   42  property acquired after December 31, 2007, and before January 1,
   43  2009. Section 103 provides an additional allowance equal to 50
   44  percent of the adjusted basis of the qualified property entitled
   45  to a depreciation deduction by s. 167(a) for the taxable year in
   46  which such property is placed in service. The amount of such
   47  special depreciation allowances may not be used in computing
   48  adjusted federal income for the purpose of determining corporate
   49  income tax liability in this state.
   50         3.It is the intent of the Legislature that ss. 102 and 103
   51  of Pub. L. No. 110-185 be construed to disallow a deduction for
   52  bonus depreciation allowed under s. 168 of the Internal Revenue
   53  Code of 1986, as amended, in computing state net income. The
   54  applicable depreciation conventions and recovery periods shall
   55  be computed in the same manner as they are computed by the
   56  taxpayer in determining federal taxable income. As used in this
   57  chapter, the term “bonus depreciation” includes all amounts
   58  allowed as a special allowance under s. 168(k) of the Internal
   59  Revenue Code of 1986, as amended.
   60         Section 2. Paragraph (a) of subsection (1) of section
   61  220.13, Florida Statutes, is amended, and paragraph (e) is added
   62  to that subsection, to read:
   63         220.13 “Adjusted federal income” defined.—
   64         (1) The term “adjusted federal income” means an amount
   65  equal to the taxpayer’s taxable income as defined in subsection
   66  (2), or such taxable income of more than one taxpayer as
   67  provided in s. 220.131, for the taxable year, adjusted as
   68  follows:
   69         (a) Additions.—There shall be added to such taxable income:
   70         1. The amount of any tax upon or measured by income,
   71  excluding taxes based on gross receipts or revenues, paid or
   72  accrued as a liability to the District of Columbia or any state
   73  of the United States which is deductible from gross income in
   74  the computation of taxable income for the taxable year.
   75         2. The amount of interest which is excluded from taxable
   76  income under s. 103(a) of the Internal Revenue Code or any other
   77  federal law, less the associated expenses disallowed in the
   78  computation of taxable income under s. 265 of the Internal
   79  Revenue Code or any other law, excluding 60 percent of any
   80  amounts included in alternative minimum taxable income, as
   81  defined in s. 55(b)(2) of the Internal Revenue Code, if the
   82  taxpayer pays tax under s. 220.11(3).
   83         3. In the case of a regulated investment company or real
   84  estate investment trust, an amount equal to the excess of the
   85  net long-term capital gain for the taxable year over the amount
   86  of the capital gain dividends attributable to the taxable year.
   87         4. That portion of the wages or salaries paid or incurred
   88  for the taxable year which is equal to the amount of the credit
   89  allowable for the taxable year under s. 220.181. This
   90  subparagraph shall expire on the date specified in s. 290.016
   91  for the expiration of the Florida Enterprise Zone Act.
   92         5. That portion of the ad valorem school taxes paid or
   93  incurred for the taxable year which is equal to the amount of
   94  the credit allowable for the taxable year under s. 220.182. This
   95  subparagraph shall expire on the date specified in s. 290.016
   96  for the expiration of the Florida Enterprise Zone Act.
   97         6. The amount of emergency excise tax paid or accrued as a
   98  liability to this state under chapter 221 which tax is
   99  deductible from gross income in the computation of taxable
  100  income for the taxable year.
  101         7. That portion of assessments to fund a guaranty
  102  association incurred for the taxable year which is equal to the
  103  amount of the credit allowable for the taxable year.
  104         8. In the case of a nonprofit corporation which holds a
  105  pari-mutuel permit and which is exempt from federal income tax
  106  as a farmers’ cooperative, an amount equal to the excess of the
  107  gross income attributable to the pari-mutuel operations over the
  108  attributable expenses for the taxable year.
  109         9. The amount taken as a credit for the taxable year under
  110  s. 220.1895.
  111         10. Up to nine percent of the eligible basis of any
  112  designated project which is equal to the credit allowable for
  113  the taxable year under s. 220.185.
  114         11. The amount taken as a credit for the taxable year under
  115  s. 220.187.
  116         12. The amount taken as a credit for the taxable year under
  117  s. 220.192.
  118         13. The amount taken as a credit for the taxable year under
  119  s. 220.193.
  120         14.Any amount in excess of $25,000 allowable as a
  121  deduction for federal income tax purposes under s. 179 of the
  122  Internal Revenue Code of 1986, as amended, for the taxable year.
  123         15.Any amount allowable as a deduction for federal income
  124  tax purposes under s. 167 or s. 168 of the Internal Revenue Code
  125  of 1986, as amended, for the taxable year to the extent that
  126  such amount includes bonus depreciation allowable as deduction
  127  under s. 168(k).
  128         (e)Adjustments related to the Federal Economic Stimulus
  129  Act of 2008.—Taxpayers shall be required to make the adjustments
  130  prescribed in this paragraph for Florida tax purposes in
  131  relation to certain tax benefits received pursuant to the
  132  Economic Stimulus Act of 2008.
  133         1.There shall be added to such taxable income an amount
  134  equal to 100 percent of any amount deducted for federal income
  135  tax purposes as bonus depreciation for the taxable year pursuant
  136  to ss. 167 and 168(k) of the Internal Revenue Code of 1986, as
  137  amended by s. 103 of Pub. L. No. 110-185, for property placed in
  138  service after December 31, 2007, and before January 1, 2009. For
  139  the taxable year and for each of the 6 subsequent taxable years,
  140  there shall be subtracted from such taxable income an amount
  141  equal to one-seventh of the amount by which taxable income was
  142  increased pursuant to this subparagraph, notwithstanding any
  143  sale or other disposition of the property that is the subject of
  144  the adjustments and regardless of whether such property remains
  145  in service in the hands of the taxpayer.
  146         2.There shall be added to such taxable income an amount
  147  equal to 100 percent of any amount in excess of $128,000
  148  deducted for federal income tax purposes for the taxable year
  149  pursuant to s. 179 of the Internal Revenue Code of 1986, as
  150  amended by s. 102 of Pub. L. No. 110-185, for taxable years
  151  beginning after December 31, 2007, and before January 1, 2009.
  152  For the taxable year and for each of the 6 subsequent taxable
  153  years, there shall be subtracted from such taxable income one
  154  seventh of the amount by which taxable income was increased
  155  pursuant to this subparagraph, notwithstanding any sale or other
  156  disposition of the property that is the subject of the
  157  adjustments and regardless of whether such property remains in
  158  service in the hands of the taxpayer.
  159         3.Subtractions available under this paragraph may be
  160  transferred to the surviving or acquiring entity following a
  161  merger or acquisition and used in the same manner and with the
  162  same limitations as specified by this paragraph.
  163         4.The additions and subtractions specified in this
  164  paragraph are intended to adjust taxable income for Florida tax
  165  purposes, and, notwithstanding any other provision of this code,
  166  such additions and subtractions shall be permitted to change a
  167  taxpayer’s net operating loss for Florida tax purposes.
  168         Section 3. The Department of Revenue shall compromise all
  169  penalties and interest imposed on taxpayers who file returns
  170  prior to the effective date of this act and subsequently file
  171  amended returns based upon this act. This section only applies
  172  to changes in tax liability directly resulting from the
  173  provisions of this act.
  174         Section 4. The executive director of the Department of
  175  Revenue may, and all conditions are deemed met to, adopt
  176  emergency rules under ss. 120.536(1) and 120.54(4), Florida
  177  Statutes, for the purpose of implementing this act.
  178  Notwithstanding any other provision of law, such emergency rules
  179  shall remain in effect for 18 months after the date adopted and
  180  may be renewed during the pendency of any procedures to adopt
  181  rules addressing the subject of the emergency rules.
  182         Section 5. This act shall take effect upon becoming a law,
  183  and shall operate retroactively to January 1, 2008.