1 | A bill to be entitled |
2 | An act relating to the corporate income tax; amending s. |
3 | 220.03, F.S.; deleting certain provisions relating to |
4 | federal amendments to federal law dealing with bonus |
5 | depreciation for purposes of adjusted federal income and |
6 | corporate income tax liability; amending s. 220.13, F.S.; |
7 | deleting certain adjustments to federal income; specifying |
8 | the treatment by this state of certain depreciation and |
9 | expensing of assets that are allowed for federal income |
10 | tax purposes; requiring the Department of Revenue to |
11 | compromise certain penalties and interest under certain |
12 | circumstances; specifying application; authorizing the |
13 | department to adopt emergency rules for certain |
14 | administrative purposes; providing for retroactive |
15 | operation; providing an effective date. |
16 |
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17 | Be It Enacted by the Legislature of the State of Florida: |
18 |
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19 | Section 1. Subsection (3) of section 220.03, Florida |
20 | Statutes, is amended to read: |
21 | 220.03 Definitions.-- |
22 | (3) FUTURE FEDERAL AMENDMENTS.-- |
23 | (a) On or after January 1, 1972, when expressly authorized |
24 | by law, any amendment to the Internal Revenue Code shall be |
25 | given effect under this code in such manner and for such periods |
26 | as are prescribed in the Internal Revenue Code, to the same |
27 | extent as if such amendment had been adopted by the Legislature |
28 | of this state. However, any such amendment shall have effect |
29 | under this code only to the extent that the amended provision of |
30 | the Internal Revenue Code shall be taken into account in the |
31 | computation of net income subject to tax hereunder. |
32 | (b)1. Section 102 of Pub. L. No. 110-185 amends s. 179(b) |
33 | of the Internal Revenue Code of 1986, as amended, and provides |
34 | temporary increases in the limitations of expensing specified |
35 | depreciable business assets for tax years beginning after |
36 | December 31, 2007. The amount of such temporary increases may |
37 | not be used in computing adjusted federal income for the purpose |
38 | of determining corporate income tax liability in this state. |
39 | 2. Section 103 of Pub. L. No. 110-185 amends s. 168(k) of |
40 | the Internal Revenue Code of 1986, as amended, for specified |
41 | property acquired after December 31, 2007, and before January 1, |
42 | 2009. Section 103 provides an additional allowance equal to 50 |
43 | percent of the adjusted basis of the qualified property entitled |
44 | to a depreciation deduction by s. 167(a) for the taxable year in |
45 | which such property is placed in service. The amount of such |
46 | special depreciation allowances may not be used in computing |
47 | adjusted federal income for the purpose of determining corporate |
48 | income tax liability in this state. |
49 | 3. It is the intent of the Legislature that ss. 102 and |
50 | 103 of Pub. L. No. 110-185 be construed to disallow a deduction |
51 | for bonus depreciation allowed under s. 168 of the Internal |
52 | Revenue Code of 1986, as amended, in computing state net income. |
53 | The applicable depreciation conventions and recovery periods |
54 | shall be computed in the same manner as they are computed by the |
55 | taxpayer in determining federal taxable income. As used in this |
56 | chapter, the term "bonus depreciation" includes all amounts |
57 | allowed as a special allowance under s. 168(k) of the Internal |
58 | Revenue Code of 1986, as amended. |
59 | Section 2. Paragraph (a) of subsection (1) of section |
60 | 220.13, Florida Statutes, is amended, and paragraph (e) is added |
61 | to that subsection, to read: |
62 | 220.13 "Adjusted federal income" defined.-- |
63 | (1) The term "adjusted federal income" means an amount |
64 | equal to the taxpayer's taxable income as defined in subsection |
65 | (2), or such taxable income of more than one taxpayer as |
66 | provided in s. 220.131, for the taxable year, adjusted as |
67 | follows: |
68 | (a) Additions.--There shall be added to such taxable |
69 | 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 |
115 | under s. 220.187. |
116 | 12. The amount taken as a credit for the taxable year |
117 | under s. 220.192. |
118 | 13. The amount taken as a credit for the taxable year |
119 | under 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 |
130 | adjustments prescribed in this paragraph for Florida tax |
131 | purposes in relation to certain tax benefits received pursuant |
132 | to the Economic Stimulus Act of 2008. |
133 | 1. There shall be added to such taxable income an amount |
134 | equal to 80 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. In |
139 | each of the 4 subsequent taxable years, there shall be |
140 | subtracted from such taxable income 25 percent of the amount by |
141 | which taxable income was increased pursuant to this |
142 | subparagraph, notwithstanding any sale or other disposition of |
143 | the property that is the subject of the adjustments and |
144 | regardless of whether such property remains in service in the |
145 | hands of the taxpayer. |
146 | 2. There shall be added to such taxable income an amount |
147 | equal to 80 percent of any amount in excess of $128,000 deducted |
148 | for federal income tax purposes for the taxable year under s. |
149 | 179 of the Internal Revenue Code of 1986, as amended by s. 102 |
150 | of Pub. L. No. 110-185, for taxable years beginning after |
151 | December 31, 2007, and before January 1, 2009. In each of the 4 |
152 | subsequent taxable years, there shall be subtracted from such |
153 | taxable income 25 percent of the amount by which taxable income |
154 | was increased pursuant to this subparagraph, notwithstanding any |
155 | sale or other disposition of the property that is the subject of |
156 | the adjustments and regardless of whether such property remains |
157 | in service in the hands of the taxpayer. |
158 | 3. Subtractions available under this paragraph may be |
159 | transferred to the surviving or acquiring entity following a |
160 | merger or acquisition and used in the same manner and with the |
161 | same limitations as specified by this paragraph. |
162 | 4. The additions and subtractions specified in this |
163 | paragraph are intended to adjust taxable income for Florida tax |
164 | purposes, and, notwithstanding any other provision of this code, |
165 | such additions and subtractions shall be permitted to change a |
166 | taxpayer's net operating loss for Florida tax purposes. |
167 | Section 3. The Department of Revenue shall compromise all |
168 | penalties and interest imposed on taxpayers who file returns |
169 | prior to the effective date of this act and subsequently file |
170 | amended returns based upon this act. This section only applies |
171 | to changes in tax liability directly resulting from the |
172 | provisions of this act. |
173 | Section 4. The executive director of the Department of |
174 | Revenue may, and all conditions are deemed met to, adopt |
175 | emergency rules under ss. 120.536(1) and 120.54(4), Florida |
176 | Statutes, for the purpose of implementing this act. |
177 | Notwithstanding any other provision of law, such emergency rules |
178 | shall remain in effect for 18 months after the date adopted and |
179 | may be renewed during the pendency of any procedures to adopt |
180 | rules addressing the subject of the emergency rules. |
181 | Section 5. This act shall take effect upon becoming a law, |
182 | and shall operate retroactively to January 1, 2008. |