1 | A bill to be entitled |
2 | An act relating to corporate income tax credits for small |
3 | business corporations; requiring the Department of Revenue |
4 | to establish a corporate income tax credit program for |
5 | certain small businesses; providing a definition; |
6 | requiring the department to provide tax credit |
7 | applications on its website; providing for department |
8 | approval of tax credit applications; requiring the |
9 | department to file copies of approved applications and |
10 | send copies to applicants; providing criteria and |
11 | requirements for and limitations on the tax credit; |
12 | authorizing not-for-profit small business corporations to |
13 | auction eligible tax credits to certain entities; |
14 | specifying uses of proceeds of auctioned credits; |
15 | requiring the department to develop a plan to auction tax |
16 | credits; requiring the department to establish a workgroup |
17 | for certain purposes; authorizing the department to adopt |
18 | rules; requiring the Office of Program Policy Analysis and |
19 | Government Accountability to review the program and report |
20 | to the Legislature; providing an effective date. |
21 |
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22 | Be It Enacted by the Legislature of the State of Florida: |
23 |
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24 | Section 1. (1) The Department of Revenue shall establish |
25 | a program to grant to small business corporations a credit |
26 | against the tax imposed under chapter 220, Florida Statutes, as |
27 | provided in this section. |
28 | (2) For purposes of this section, the term "small business |
29 | corporation" means a for-profit or not-for-profit corporation |
30 | registered with the Department of State that employs fewer than |
31 | 250 employees and is doing business in this state. |
32 | (3) The Department of Revenue shall make available on its |
33 | website to small business corporations an application for the |
34 | tax credit authorized by this section. |
35 | (4) Upon receipt of a completed application from an |
36 | eligible small business corporation that meets the requirements |
37 | of this section for a credit, the department shall approve the |
38 | application and shall place a copy of the approved application |
39 | on file with the corporation's tax file and send a copy of the |
40 | approved application to the corporation seeking the credit. |
41 | (5) Each small business corporation is eligible to receive |
42 | a credit against the tax imposed under chapter 220, Florida |
43 | Statutes, in an amount equal to 75 percent of each dollar the |
44 | applicant can demonstrate, through methods acceptable and |
45 | approved by the department, that the applicant invested in |
46 | employee training, expansion of employment of up to 15 new |
47 | positions, and investment in the purchase of new or used |
48 | business equipment for the year in which the investment |
49 | occurred. |
50 | (6) The total amount of the tax credit available to any |
51 | small business corporation is limited to $100,000 for each such |
52 | corporation. |
53 | (7)(a) A not-for-profit small business corporation may |
54 | auction any tax credit the corporation is eligible to receive to |
55 | any private investor and the funds generated from the sale of |
56 | the tax credit shall be used by such corporation as matching |
57 | funds for grants, Medicaid waivers, or investments in staff |
58 | training, construction of new buildings or renovation of current |
59 | buildings, purchase of new or used business equipment, or |
60 | expansions of its workforce. |
61 | (b) The purchase of a tax credit auctioned by a not-for- |
62 | profit small business corporation is limited to corporations |
63 | registered in this state or individuals that operate or live in |
64 | this state. |
65 | (c) The department shall develop a plan for auctioning tax |
66 | credits and shall make available on its website information as |
67 | to how individuals or corporations can participate in the |
68 | process. |
69 | (8) The department shall create a workgroup of advocates, |
70 | business leaders, and stakeholders to provide direction and |
71 | assistance with the development of rules required to implement |
72 | this program. |
73 | (9) The department may any adopt rules necessary to |
74 | implement the requirements of this section. |
75 | (10) The Office of Program Policy Analysis and Government |
76 | Accountability shall review the impact of the program on |
77 | stimulating economic expansion and investment in equipment, not- |
78 | for-profits, and workforce development and provide a report to |
79 | the President of the Senate and the Speaker of the House of |
80 | Representatives no later than January 1, 2012. |
81 | Section 2. This act shall take effect July 1, 2009. |