Florida Senate - 2009 SB 350 By Senator Haridopolos 26-00275-09 2009350__ 1 A bill to be entitled 2 An act relating to entertainment industry economic 3 development; amending s. 288.1254, F.S.; revising the 4 entertainment industry financial incentive program to 5 provide corporate income tax and sales and use tax 6 credits to qualified entertainment entities rather 7 than reimbursements from appropriations; revising 8 provisions relating to definitions, creation and 9 scope, application procedures, approval process, 10 eligibility, required documents, qualified and 11 certified productions, and annual reports; providing 12 duties and responsibilities of the Office of Film and 13 Entertainment, the Office of Tourism, Trade, and 14 Economic Development, and the Department of Revenue 15 relating to the tax credits; providing criteria and 16 limitations for awards of tax credits; providing for 17 uses, allocations, election, distributions, and 18 carryforward of the tax credits; providing for 19 withdrawal of tax credit eligibility; providing for 20 use of consolidated returns; providing for partnership 21 and noncorporate distributions of tax credits; 22 providing for succession of tax credits; providing 23 requirements for transfer of tax credits; authorizing 24 the Office of Tourism, Trade, and Economic Development 25 to adopt rules, policies, and procedures; authorizing 26 the Department of Revenue to adopt rules and conduct 27 audits; providing for revocation and forfeiture of tax 28 credits; providing liability for reimbursement of 29 certain costs and fees associated with a fraudulent 30 claim; requiring an annual report to the Governor and 31 the Legislature; providing for future repeal; amending 32 s. 220.02, F.S.; including tax credits enumerated in 33 s. 288.1254, F.S., in the order of application of 34 credits against certain taxes; amending s. 213.053, 35 F.S.; authorizing the Department of Revenue to provide 36 tax credit information to the Office of Film and 37 Entertainment and the Office of Tourism, Trade, and 38 Economic Development; amending s. 212.08, F.S.; 39 requiring electronic funds transfer for the 40 entertainment industry tax credit; providing 41 procedures; providing for severability; providing an 42 effective date. 43 44 Be It Enacted by the Legislature of the State of Florida: 45 46 Section 1. Section 288.1254, Florida Statutes, is amended 47 to read: 48 (Substantial rewording of section. See 49 s. 288.1254, F.S., for present text.) 50 288.1254 Entertainment industry financial incentive 51 program.— 52 (1) DEFINITIONS.—As used in this section, the term: 53 (a) “Certified production” means a qualified production 54 that has tax credits allocated to it by the Office of Tourism, 55 Trade, and Economic Development based on its estimated qualified 56 expenditures, up to its maximum certified amount of tax credits, 57 by the Office of Tourism, Trade, and Economic Development. The 58 term excludes a production if its first day of principal 59 photography in this state occurred before the production is 60 certified by the Office of Tourism, Trade, and Economic 61 Development. 62 (b) “Digital media project” means a production of 63 interactive entertainment which is produced for distribution in 64 commercial or educational markets, including a video game, 65 simulation, or animation, or a production intended for Internet 66 or wireless distribution. The term excludes a production deemed 67 by the Office of Film and Entertainment to contain obscene 68 content as defined in s. 847.001(10). 69 (c) “Off-season certified production” means a production, 70 other than a digital media project or an animated production, 71 which films 75 percent or more of its principal photography days 72 from June 1 through November 30. 73 (d) “Production” means a theatrical or direct-to-video 74 motion picture; a made-for-television motion picture; a 75 commercial; a music video; an industrial or educational film; an 76 infomercial; a documentary film; a television pilot program; a 77 presentation for a television pilot program; a television 78 series, including, but not limited to, a drama, a reality show, 79 a comedy, a soap opera, a telenovela, a game show, or a 80 miniseries production; or a digital media project by the 81 entertainment industry. One season of a television series is 82 considered one production. The term excludes a weather or market 83 program; a sporting event; a sports show; a gala; a production 84 that solicits funds; a home shopping program; a political 85 program; a political documentary; political advertising; a 86 gambling-related project or production; a concert production; a 87 pornographic production; or a local, regional, or Internet 88 distributed-only news show, current-events show, pornographic 89 production, or current-affairs show. A production may be 90 produced on or by film, tape, or otherwise by means of a motion 91 picture camera; electronic camera or device; tape device; 92 computer; any combination of the foregoing; or any other means, 93 method, or device now used or later adopted. 94 (e) “Production expenditures” means the costs of tangible 95 and intangible property used and services performed primarily 96 and customarily in production, including preproduction and 97 postproduction, excluding costs for development, marketing, and 98 distribution. Production expenditures include, but are not 99 limited to: 100 1. Wages, salaries, or other compensation, including 101 amounts paid through payroll service companies, for technical 102 and production crews, directors, producers, and performers. 103 2. Expenditures for sound stages, backlots, production 104 editing, digital effects, sound recordings, sets, and set 105 construction. 106 3. Expenditures for rental equipment, including, but not 107 limited to, cameras and grip or electrical equipment. 108 4. Costs of computer software and hardware, including 109 servers, data processing, and visualization technologies used 110 exclusively in the state for the production of digital media. 111 5. Expenditures for meals, travel, and accommodations. 112 (f) “Qualified expenditures” means production expenditures 113 incurred in this state by a qualified production for: 114 1. Goods purchased or leased from, or services provided by, 115 a vendor or supplier, including a payroll services company, in 116 this state which is registered with the Department of State or 117 the Department of Revenue and doing business in this state. 118 2. Payments to residents of this state in the form of 119 salary, wages, or other compensation up to a maximum of $1 120 million per resident unless otherwise specified in subsection 121 (4). 122 For a qualified production involving an event, such as an awards 123 show, the term excludes expenditures solely associated with the 124 event itself and not directly required by the production. The 125 term excludes expenditures prior to certification, with the 126 exception of those incurred for a commercial, a music video, or 127 the pickup of additional episodes of a television series within 128 a single season. 129 (g) “Qualified production” means a production in this state 130 meeting the requirements of this section. The term excludes a 131 production: 132 1. In which less than 50 percent of the positions that make 133 up its production cast and below-the-line production crew are 134 filled by residents of this state, whose residency is 135 demonstrated by a valid Florida driver's license or other state 136 issued identification confirming residency, or students enrolled 137 full-time in a film-and-entertainment-related course of study at 138 an institution of higher education in this state; or 139 2. That is deemed by the Office of Film and Entertainment 140 to contain obscene content as defined in s. 847.001(10). 141 (h) “Qualified production company” means a corporation, 142 limited liability company, partnership, or other legal entity 143 engaged in a production or productions. 144 (2) CREATION AND PURPOSE OF PROGRAM.—The entertainment 145 industry financial incentive program is created within the 146 Office of Film and Entertainment. The purpose of this program is 147 to encourage the use of this state as a site for filming and to 148 develop and sustain the workforce and infrastructure for film 149 and entertainment production. 150 (3) APPLICATION PROCEDURE; APPROVAL PROCESS.— 151 (a) Program application.—A qualified production company in 152 this state producing a qualified production may submit a program 153 application to the Office of Film and Entertainment for the 154 purpose of determining qualification for an award of tax credits 155 authorized by this section no earlier than 6 months before the 156 anticipated production start date. The applicant shall provide 157 the office with information required to determine whether the 158 production is a qualified production and to determine the 159 qualified expenditures and other information necessary for the 160 office to determine eligibility for the tax credit. 161 (b) Required documentation.—The Office of Film and 162 Entertainment shall develop an application form for qualifying 163 an applicant as a qualified production. The form must include, 164 but need not be limited to, production-related information 165 concerning employment of residents in this state, a detailed 166 budget of planned qualified expenditures, and the applicant's 167 signed affirmation that the information on the form has been 168 verified and is correct. The Office of Film and Entertainment 169 and local film commissions shall distribute the form. 170 (c) Application process.—The Office of Film and 171 Entertainment shall establish a process by which an application 172 is accepted and reviewed and by which tax credit eligibility and 173 amount are determined. The office may request assistance from a 174 duly appointed local film commission in determining compliance 175 with this section. 176 (d) Certification.—The Office of Film and Entertainment 177 shall review the application within 10 business days after 178 receipt. Upon its determination that the application contains 179 all the information required by this subsection and meets the 180 criteria set out in this section, the office shall qualify the 181 applicant and recommend to the Office of Tourism, Trade, and 182 Economic Development that the applicant be certified for the 183 maximum tax credit award amount. Within 5 business days after 184 receipt of the recommendation, the Office of Tourism, Trade, and 185 Economic Development shall reject the recommendation or certify 186 the maximum recommended tax credit award, if any, to the 187 applicant and to the executive director of the Department of 188 Revenue. 189 (e) Grounds for denial.—The Office of Film and 190 Entertainment shall deny an application if it determines that 191 the application is not complete, the production does not meet 192 the requirements of this section, or the tax credit sought does 193 not meet the requirements of this section. 194 (f) Verification of actual qualified expenditures.— 195 1. The Office of Film and Entertainment shall develop a 196 process to verify the actual qualified expenditures of a 197 certified production. The process must require: 198 a. A certified production to submit, in a timely manner 199 after production ends and after making all of its qualified 200 expenditures, data substantiating each qualified expenditure to 201 an independent certified public accountant licensed in this 202 state; 203 b. Such accountant to conduct an audit, at the certified 204 production's expense, to substantiate each qualified expenditure 205 and submit the results as a report, along with all 206 substantiating data, to the Office of Film and Entertainment; 207 and 208 c. The Office of Film and Entertainment to review the 209 accountant's submittal and report to the Office of Tourism, 210 Trade, and Economic Development the final verified amount of 211 actual qualified expenditures made by the certified production. 212 2. The Office of Tourism, Trade, and Economic Development 213 shall determine and approve the final tax credit award amount to 214 each certified applicant based on the final verified amount of 215 actual qualified expenditures and shall then notify the 216 executive director of the Department of Revenue that the 217 certified production has met the requirements of the incentive 218 program and of the final amount of the tax credit award. 219 (g) Promoting Florida.—The Office of Film and Entertainment 220 shall ensure that, as a condition of receiving a tax credit 221 under this section, marketing materials promoting this state as 222 a tourist destination or film and entertainment production 223 destination are included, when appropriate, at no cost to the 224 state, which must, at a minimum, include placement in the end 225 credits of a “Filmed in Florida” logo with size and placement 226 commensurate to other logos included in the end credits or, if 227 no logos are used, the statement “Filmed in Florida using 228 Florida's Entertainment Industry Financial Incentive,” or a 229 similar statement approved by the Office of Film and 230 Entertainment before such placement. The Office of Film and 231 Entertainment shall develop a “Filmed in Florida” logo and 232 supply it for the purposes specified in this paragraph. 233 (4) TAX CREDIT ELIGIBILITY; ELECTION AND DISTRIBUTION; 234 CARRYFORWARD; CONSOLIDATED RETURNS; PARTNERSHIP AND NONCORPORATE 235 DISTRIBUTIONS; MERGERS AND ACQUISITIONS.— 236 (a) Tax credit award.—Tax credits awarded under this 237 section in a fiscal year shall be made to qualified productions 238 according to the principal photography start date of the 239 productions, except for digital media projects, which shall be 240 based on the start date of the productions. 241 (b) Tax credit eligibility.— 242 1. A qualified production, excluding commercials, music 243 videos, digital media projects, and independent Florida films, 244 that demonstrates a minimum of $500,000 in qualified 245 expenditures is eligible for tax credits equal to 20 percent of 246 its actual qualified expenditures. 247 2. An off-season certified production is eligible for an 248 additional 5 percent tax credit on actual qualified 249 expenditures. An off-season certified production that does not 250 complete 75 percent of principal photography due to disruption 251 caused by a hurricane or tropical storm may not be disqualified 252 from eligibility for the additional 5 percent credit as a result 253 of the disruption. 254 3. A qualified production company that produces national or 255 regional commercials or music videos may be eligible for a tax 256 credit award if it demonstrates a minimum of $100,000 in 257 qualified expenditures per national or regional commercial or 258 music video and exceeds a combined threshold of $500,000 after 259 combining actual qualified expenditures from qualified 260 commercials and music videos during a single state fiscal year. 261 After a qualified production company that produces commercials, 262 music videos, or both reaches the threshold of $500,000, it is 263 eligible to apply for certification for a tax credit award. The 264 maximum credit award shall be equal to 10 percent of its actual 265 qualified expenditures up to a maximum of $500,000. 266 4. A qualified production that is a digital media project 267 that demonstrates a minimum of $300,000 in total qualified 268 expenditures is eligible for a tax credit equal to 20 percent of 269 its actual qualified expenditures. As used in this subparagraph, 270 the term “qualified expenditures” means the wages or salaries 271 paid to a resident of this state for working on a single 272 qualified digital media project, up to a maximum of $200,000 in 273 wages or salaries paid per resident. A qualified production 274 company producing digital media projects may not qualify for 275 more than three projects in a fiscal year. A project that 276 extends beyond a fiscal year must reapply each fiscal year in 277 order to be eligible for a tax credit award for that year. 278 5. An independent Florida film that meets the criteria of 279 this subparagraph and demonstrates a minimum of $100,000, but 280 not more than $625,000, in total qualified expenditures is 281 eligible for tax credits equal to 15 percent of its actual 282 qualified expenditures. To qualify for this tax credit, a 283 qualified production must: 284 a. Be planned as a feature film or documentary of no less 285 than 70 minutes in length. 286 b. Provide evidence of 50 percent of the financing for its 287 total budget in an escrow account or other form dedicated to the 288 production. 289 c. Do all major postproduction in this state. 290 d. Employ Florida workers in at least six of the following 291 key positions: writer, director, producer, director of 292 photography, star or one of the lead actors, unit production 293 manager, editor, or production designer. As used in this sub 294 subparagraph, the term “Florida worker” means a person who has 295 been a resident of this state for at least 1 year before a 296 production's application under subsection (3) was submitted or a 297 person who graduated from a film school, college, university, or 298 community college in this state no more than 5 years before such 299 submittal or who is enrolled full time in such a school, 300 college, or university. 301 6. A certified production determined by the Commissioner of 302 Film and Entertainment, with the advice of the Florida Film and 303 Entertainment Advisory Council, to be family friendly, based on 304 the review of the script and an interview with the director, is 305 eligible for an additional tax credit equal to 2 percent of its 306 actual qualified expenditures. Family friendly productions are 307 those that have cross-generational appeal; would be considered 308 suitable for viewing by children age 5 or older; are appropriate 309 in theme, content, and language for a broad family audience; 310 embody a responsible resolution of issues; and do not exhibit 311 any act of smoking, sex, nudity, or vulgar or profane language. 312 Each qualified production under this paragraph shall make a good 313 faith effort to use existing providers of infrastructure or 314 equipment in this state, including, but not limited to, 315 providers of camera gear, grip and lighting equipment, vehicle 316 providers, and postproduction services when available in-state. 317 (c) Withdrawal of tax credit eligibility.—A qualified or 318 certified production shall continue on a reasonable schedule, 319 which means beginning principal photography or in the case of a 320 digital media project the start date of the production, in this 321 state no more than 45 calendar days before or after the date 322 provided in the production's program application. The Office of 323 Tourism, Trade, and Economic Development shall withdraw the 324 eligibility of a qualified or certified production that does not 325 continue on a reasonable schedule. 326 (d) Election and distribution of tax credits.—A certified 327 production company receiving a tax credit award under this 328 section shall, at the time the credit is awarded by the Office 329 of Tourism, Trade, and Economic Development after production is 330 completed and all requirements to receive a credit award have 331 been met, make an irrevocable election to apply the credit 332 against taxes due under chapter 220, against taxes collected or 333 accrued under chapter 212, or against a stated combination of 334 the two taxes. The election shall be binding upon any 335 distributee, successor, transferee, or purchaser. The Office of 336 Tourism, Trade, and Economic Development shall notify the 337 Department of Revenue of any election made pursuant to this 338 paragraph. 339 (e) Tax credit carryforward.—If the certified production 340 company cannot use the entire tax credit in the taxable year or 341 reporting period in which the credit is awarded, any excess 342 amount may be carried forward to a succeeding taxable year or 343 reporting period. A tax credit applied against taxes imposed 344 under chapter 212 may be carried forward for a maximum of 5 345 years following the date of award. A tax credit applied against 346 taxes imposed under chapter 220 may be carried forward for a 347 maximum of 5 years following the year in which the credit was 348 awarded, after which the credit expires and may not be used. 349 (f) Consolidated returns.—A certified production company 350 that files a Florida consolidated return as a member of an 351 affiliated group under s. 220.131(1) may be allowed the credit 352 on a consolidated return basis up to the amount of the tax 353 imposed upon the consolidated group under chapter 220. 354 (g) Partnership and noncorporate distributions.—A qualified 355 production company that is not a corporation as defined in s. 356 220.03 may elect to distribute tax credits awarded under this 357 section to its partners or members in proportion to their 358 respective distributive income or loss in the taxable fiscal 359 year in which the tax credits were awarded. 360 (h) Mergers or acquisitions.—Tax credits available under 361 this section to a certified production company may succeed to a 362 surviving or acquiring entity subject to the same conditions and 363 limitations as described in this section; however, they may not 364 be transferred again by the surviving or acquiring entity. 365 (5) TRANSFER OF TAX CREDITS.— 366 (a) Authorization.—Upon application to the Office of Film 367 and Entertainment and approval by the Office of Tourism, Trade, 368 and Economic Development, a certified production company, or a 369 partner or member that has received a distribution under 370 paragraph (4)(g), may elect to transfer, in whole or in part, 371 any unused credit amount granted under this section. An election 372 to transfer any unused tax credit amount under chapter 212 or 373 chapter 220 must be made no later than 5 years from the date the 374 credit was awarded, after which period the credit expires and 375 may not be used. The Office of Tourism, Trade, and Economic 376 Development shall notify the Department of Revenue of the 377 election and transfer. 378 (b) Number of transfers permitted.—A certified production 379 company that has elected to apply a credit amount against taxes 380 remitted under chapter 212 is permitted a one-time transfer of 381 unused credits to one transferee. A certified production company 382 that has elected to apply a credit amount against taxes due 383 under chapter 220 is permitted a one-time transfer of unused 384 credits to no more than four transferees, and such transfers 385 shall occur in the same taxable year. 386 (c) Transferee rights and limitations.—The transferee is 387 subject to the same rights and limitations as the certified 388 production company awarded the tax credit, except that the 389 transferee may not sell or otherwise transfer the tax credit. 390 (d) Rulemaking.—The Department of Revenue may adopt rules 391 pursuant to ss. 120.536(1) and 120.54 to administer this 392 subsection, as provided in subsection (6). 393 (6) RULES, POLICIES, AND PROCEDURES.— 394 (a) The Office of Tourism, Trade, and Economic Development 395 may adopt rules pursuant to ss. 120.536(1) and 120.54 and 396 develop policies and procedures to implement and administer this 397 section, including, but not limited to, rules specifying 398 requirements for the application and approval process, records 399 required for substantiation for tax credits, procedures for 400 making the election in paragraph (4)(d), the manner and form of 401 documentation required to claim tax credits awarded or 402 transferred under this section, and marketing requirements for 403 tax credit recipients. 404 (b) The Department of Revenue may adopt rules pursuant to 405 ss. 120.536(1) and 120.54 to administer this section, including 406 rules governing the examination and audit procedures required to 407 administer this section and the manner and form of documentation 408 required to claim tax credits awarded or transferred under this 409 section. 410 (7) AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX 411 CREDITS; FRAUDULENT CLAIMS.— 412 (a) Audit authority.—The Department of Revenue may conduct 413 examinations and audits as provided in s. 213.34 to verify that 414 tax credits under this section have been received, transferred, 415 and applied according to the requirements of this section. If 416 the Department of Revenue determines that tax credits have not 417 been received, transferred, or applied as required by this 418 section, it may, in addition to the remedies provided in this 419 subsection, pursue recovery of such funds pursuant to the laws 420 and rules governing the assessment of taxes. 421 (b) Revocation of tax credits.—The Office of Tourism, 422 Trade, and Economic Development may revoke or modify any written 423 decision qualifying, certifying, or otherwise granting 424 eligibility for tax credits under this section if it is 425 discovered that the tax credit applicant submitted any false 426 statement, representation, or certification in any application, 427 record, report, plan, or other document filed in an attempt to 428 receive tax credits under this section. The Office of Tourism, 429 Trade, and Economic Development shall immediately notify the 430 Department of Revenue of any revoked or modified orders 431 affecting previously granted tax credits. Additionally, the 432 applicant must notify the Department of Revenue of any change in 433 its tax credit claimed. 434 (c) Forfeiture of tax credits.—A determination by the 435 Department of Revenue, as a result of an audit or examination by 436 the Department of Revenue or from information received from the 437 Office of Film and Entertainment, that an applicant received tax 438 credits pursuant to this section to which the applicant was not 439 entitled is grounds for forfeiture of previously claimed and 440 received tax credits. The applicant is responsible for returning 441 forfeited tax credits to the Department of Revenue, and such 442 funds shall be paid into the General Revenue Fund of the state. 443 Tax credits purchased in good faith are not subject to 444 forfeiture unless the transferee submitted fraudulent 445 information in the purchase or failed to meet the requirements 446 in subsection (5). 447 (d) Fraudulent claims.—Any applicant that submits 448 information under this section that includes fraudulent 449 information is liable for reimbursement of the reasonable costs 450 and fees associated with the review, processing, investigation, 451 and prosecution of the fraudulent claim. An applicant that 452 obtains a credit payment under this section through a claim that 453 is fraudulent is liable for reimbursement of the credit amount 454 plus a penalty in an amount double the credit amount. The 455 penalty is in addition to any criminal penalty to which the 456 applicant is liable for the same acts. The applicant is also 457 liable for costs and fees incurred by the state in investigating 458 and prosecuting the fraudulent claim. 459 (8) ANNUAL REPORT.—Each October 1, the Office of Film and 460 Entertainment shall provide an annual report for the previous 461 fiscal year to the Governor, the President of the Senate, and 462 the Speaker of the House of Representatives which outlines the 463 return on investment and economic benefits to the state. 464 (9) REPEAL.—This section is repealed July 1, 2014, except 465 that the tax credit carryforward provided in this section shall 466 continue to be valid for the period specified. 467 Section 2. Subsection (8) of section 220.02, Florida 468 Statutes, is amended to read: 469 220.02 Legislative intent.— 470 (8) It is the intent of the Legislature that credits 471 against either the corporate income tax or the franchise tax be 472 applied in the following order: those enumerated in s. 631.828, 473 those enumerated in s. 220.191, those enumerated in s. 220.181, 474 those enumerated in s. 220.183, those enumerated in s. 220.182, 475 those enumerated in s. 220.1895, those enumerated in s. 221.02, 476 those enumerated in s. 220.184, those enumerated in s. 220.186, 477 those enumerated in s. 220.1845, those enumerated in s. 220.19, 478 those enumerated in s. 220.185, those enumerated in s. 220.187, 479 those enumerated in s. 220.192,andthose enumerated in s. 480 220.193, and those enumerated in s. 288.1254. 481 Section 3. Paragraph (z) is added to subsection (8) of 482 section 213.053, Florida Statutes, to read: 483 213.053 Confidentiality and information sharing.— 484 (8) Notwithstanding any other provision of this section, 485 the department may provide: 486 (z) Information relative to tax credits taken under s. 487 288.1254 to the Office of Film and Entertainment and the Office 488 of Tourism, Trade, and Economic Development. 489 Disclosure of information under this subsection shall be 490 pursuant to a written agreement between the executive director 491 and the agency. Such agencies, governmental or nongovernmental, 492 shall be bound by the same requirements of confidentiality as 493 the Department of Revenue. Breach of confidentiality is a 494 misdemeanor of the first degree, punishable as provided by s. 495 775.082 or s. 775.083. 496 Section 4. Paragraph (q) is added to subsection (5) of 497 section 212.08, Florida Statutes, to read: 498 212.08 Sales, rental, use, consumption, distribution, and 499 storage tax; specified exemptions.—The sale at retail, the 500 rental, the use, the consumption, the distribution, and the 501 storage to be used or consumed in this state of the following 502 are hereby specifically exempt from the tax imposed by this 503 chapter. 504 (5) EXEMPTIONS; ACCOUNT OF USE.— 505 (q) Entertainment industry tax credit; authorization; 506 eligibility for credits.— 507 1. For the fiscal years beginning July 1, 2009, and ending 508 June 30, 2014, a qualified production company as defined in s. 509 288.1254(1)(g), is eligible for tax credits against its sales 510 and use tax liabilities as provided in s. 288.1254. 511 2. The credit shall be deducted from any sales and use tax 512 remitted by the dealer to the department by electronic funds 513 transfer and can only be deducted on a sales and use tax return 514 initiated through electronic data interchange. The dealer shall 515 separately state the credit on the electronic return. The net 516 amount of tax due and payable must be remitted by electronic 517 funds transfer. If the credit for the qualified expenditures is 518 larger than the amount owed on the sales and use tax return, the 519 amount of the credit may be carried forward to a succeeding 520 reporting period. A dealer may obtain a credit using only the 521 method described in this subparagraph. A dealer is not 522 authorized to obtain a credit by applying for a refund. 523 Section 5. If any provision of this act or the application 524 thereof to any person or circumstance is held invalid, the 525 invalidity shall not affect other provisions or applications of 526 the act which can be given effect without the invalid provision 527 or application, and to this end the provisions of this act are 528 declared severable. 529 Section 6. This act shall take effect July 1, 2009.