ENROLLED
       2009 Legislature                                  CS for SB 2504
       
       
       
       
       
       
                                                             20092504er
    1  
    2         An act relating to the corporate income tax; amending
    3         s. 220.03, F.S.; providing for the adoption of the
    4         2009 version of the Internal Revenue Code; providing
    5         exceptions; amending s. 220.13, F.S.; revising the
    6         definition of the term “adjusted federal income” for
    7         purposes of specifying the treatment by this state of
    8         certain provisions dealing with depreciation and
    9         expensing of assets and deferral of income that are
   10         allowed for federal income tax purposes; authorizing
   11         the Department of Revenue to adopt rules; providing
   12         for retroactive operation; providing an effective
   13         date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (n) of subsection (1) and paragraph
   18  (c) of subsection (2) of section 220.03, Florida Statutes, are
   19  amended to read:
   20         220.03 Definitions.—
   21         (1) SPECIFIC TERMS.—When used in this code, and when not
   22  otherwise distinctly expressed or manifestly incompatible with
   23  the intent thereof, the following terms shall have the following
   24  meanings:
   25         (n) “Internal Revenue Code” means the United States
   26  Internal Revenue Code of 1986, as amended and in effect on
   27  January 1, 2009 January 1, 2008, except as provided in
   28  subsection (3).
   29         (2) DEFINITIONAL RULES.—When used in this code and neither
   30  otherwise distinctly expressed nor manifestly incompatible with
   31  the intent thereof:
   32         (c) Any term used in this code shall have the same meaning
   33  as when used in a comparable context in the Internal Revenue
   34  Code and other statutes of the United States relating to federal
   35  income taxes, as such code and statutes are in effect on January
   36  1, 2009 January 1, 2008. However, if subsection (3) is
   37  implemented, the meaning of any term shall be taken at the time
   38  the term is applied under this code.
   39         Section 2. Paragraph (e) of subsection (1) of section
   40  220.13, Florida Statutes, as created by section 2 of chapter
   41  2009-18, Laws of Florida, is amended to read:
   42         220.13 “Adjusted federal income” defined.
   43         (1) The term “adjusted federal income” means an amount
   44  equal to the taxpayer’s taxable income as defined in subsection
   45  (2), or such taxable income of more than one taxpayer as
   46  provided in s. 220.131, for the taxable year, adjusted as
   47  follows:
   48         (e) Adjustments related to the Federal Economic Stimulus
   49  Act of 2008 and the American Recovery and Reinvestment Act of
   50  2009. Taxpayers shall be required to make the adjustments
   51  prescribed in this paragraph for Florida tax purposes in
   52  relation to certain tax benefits received pursuant to the
   53  Economic Stimulus Act of 2008 and the American Recovery and
   54  Reinvestment Act of 2009.
   55         1. There shall be added to such taxable income an amount
   56  equal to 100 percent of any amount deducted for federal income
   57  tax purposes as bonus depreciation for the taxable year pursuant
   58  to ss. 167 and 168(k) of the Internal Revenue Code of 1986, as
   59  amended by s. 103 of Pub. L. No. 110-185 and s. 1201 of Pub. L.
   60  No. 111-5, for property placed in service after December 31,
   61  2007, and before January 1, 2010 2009. For the taxable year and
   62  for each of the 6 subsequent taxable years, there shall be
   63  subtracted from such taxable income an amount equal to one
   64  seventh of the amount by which taxable income was increased
   65  pursuant to this subparagraph, notwithstanding any sale or other
   66  disposition of the property that is the subject of the
   67  adjustments and regardless of whether such property remains in
   68  service in the hands of the taxpayer.
   69         2. There shall be added to such taxable income an amount
   70  equal to 100 percent of any amount in excess of $128,000
   71  deducted for federal income tax purposes for the taxable year
   72  pursuant to s. 179 of the Internal Revenue Code of 1986, as
   73  amended by s. 102 of Pub. L. No. 110-185 and s. 1202 of Pub. L.
   74  No. 111-5, for taxable years beginning after December 31, 2007,
   75  and before January 1, 2010 2009. For the taxable year and for
   76  each of the 6 subsequent taxable years, there shall be
   77  subtracted from such taxable income one-seventh of the amount by
   78  which taxable income was increased pursuant to this
   79  subparagraph, notwithstanding any sale or other disposition of
   80  the property that is the subject of the adjustments and
   81  regardless of whether such property remains in service in the
   82  hands of the taxpayer.
   83         3.There shall be added to such taxable income an amount
   84  equal to the amount of deferred income not included in such
   85  taxable income pursuant to s. 108(i)(1) of the Internal Revenue
   86  Code of 1986, as amended by s. 1231 of Pub. L. No. 111-5. There
   87  shall be subtracted from such taxable income an amount equal to
   88  the amount of deferred income included in such taxable income
   89  pursuant to s. 108(i)(1) of the Internal Revenue Code of 1986,
   90  as amended by s. 1231 of Pub. L. No. 111-5.
   91         4.3. Subtractions available under this paragraph may be
   92  transferred to the surviving or acquiring entity following a
   93  merger or acquisition and used in the same manner and with the
   94  same limitations as specified by this paragraph.
   95         5.4. The additions and subtractions specified in this
   96  paragraph are intended to adjust taxable income for Florida tax
   97  purposes, and, notwithstanding any other provision of this code,
   98  such additions and subtractions shall be permitted to change a
   99  taxpayer’s net operating loss for Florida tax purposes.
  100         Section 3. The Department of Revenue may adopt rules
  101  necessary to administer the provisions of this act.
  102         Section 4. This act shall take effect upon becoming a law
  103  and shall operate retroactively to January 1, 2009.