HB 459

1
A bill to be entitled
2An act relating to the corporate income tax; amending s.
3220.03, F.S.; deleting certain provisions relating to
4federal amendments to federal law dealing with bonus
5depreciation for purposes of adjusted federal income and
6corporate income tax liability; amending s. 220.13, F.S.;
7deleting certain adjustments to federal income; specifying
8the treatment by this state of certain depreciation and
9expensing of assets that are allowed for federal income
10tax purposes; requiring the Department of Revenue to
11compromise certain penalties and interest under certain
12circumstances; specifying application; authorizing the
13department to adopt emergency rules for certain
14administrative purposes; providing for retroactive
15operation; providing an effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Subsection (3) of section 220.03, Florida
20Statutes, is amended to read:
21     220.03  Definitions.--
22     (3)  FUTURE FEDERAL AMENDMENTS.--
23     (a)  On or after January 1, 1972, when expressly authorized
24by law, any amendment to the Internal Revenue Code shall be
25given effect under this code in such manner and for such periods
26as are prescribed in the Internal Revenue Code, to the same
27extent as if such amendment had been adopted by the Legislature
28of this state. However, any such amendment shall have effect
29under this code only to the extent that the amended provision of
30the Internal Revenue Code shall be taken into account in the
31computation of net income subject to tax hereunder.
32     (b)1.  Section 102 of Pub. L. No. 110-185 amends s. 179(b)
33of the Internal Revenue Code of 1986, as amended, and provides
34temporary increases in the limitations of expensing specified
35depreciable business assets for tax years beginning after
36December 31, 2007. The amount of such temporary increases may
37not be used in computing adjusted federal income for the purpose
38of determining corporate income tax liability in this state.
39     2.  Section 103 of Pub. L. No. 110-185 amends s. 168(k) of
40the Internal Revenue Code of 1986, as amended, for specified
41property acquired after December 31, 2007, and before January 1,
422009. Section 103 provides an additional allowance equal to 50
43percent of the adjusted basis of the qualified property entitled
44to a depreciation deduction by s. 167(a) for the taxable year in
45which such property is placed in service. The amount of such
46special depreciation allowances may not be used in computing
47adjusted federal income for the purpose of determining corporate
48income tax liability in this state.
49     3.  It is the intent of the Legislature that ss. 102 and
50103 of Pub. L. No. 110-185 be construed to disallow a deduction
51for bonus depreciation allowed under s. 168 of the Internal
52Revenue Code of 1986, as amended, in computing state net income.
53The applicable depreciation conventions and recovery periods
54shall be computed in the same manner as they are computed by the
55taxpayer in determining federal taxable income. As used in this
56chapter, the term "bonus depreciation" includes all amounts
57allowed as a special allowance under s. 168(k) of the Internal
58Revenue Code of 1986, as amended.
59     Section 2.  Paragraph (a) of subsection (1) of section
60220.13, Florida Statutes, is amended, and paragraph (e) is added
61to that subsection, to read:
62     220.13  "Adjusted federal income" defined.--
63     (1)  The term "adjusted federal income" means an amount
64equal to the taxpayer's taxable income as defined in subsection
65(2), or such taxable income of more than one taxpayer as
66provided in s. 220.131, for the taxable year, adjusted as
67follows:
68     (a)  Additions.--There shall be added to such taxable
69income:
70     1.  The amount of any tax upon or measured by income,
71excluding taxes based on gross receipts or revenues, paid or
72accrued as a liability to the District of Columbia or any state
73of the United States which is deductible from gross income in
74the computation of taxable income for the taxable year.
75     2.  The amount of interest which is excluded from taxable
76income under s. 103(a) of the Internal Revenue Code or any other
77federal law, less the associated expenses disallowed in the
78computation of taxable income under s. 265 of the Internal
79Revenue Code or any other law, excluding 60 percent of any
80amounts included in alternative minimum taxable income, as
81defined in s. 55(b)(2) of the Internal Revenue Code, if the
82taxpayer pays tax under s. 220.11(3).
83     3.  In the case of a regulated investment company or real
84estate investment trust, an amount equal to the excess of the
85net long-term capital gain for the taxable year over the amount
86of the capital gain dividends attributable to the taxable year.
87     4.  That portion of the wages or salaries paid or incurred
88for the taxable year which is equal to the amount of the credit
89allowable for the taxable year under s. 220.181. This
90subparagraph shall expire on the date specified in s. 290.016
91for the expiration of the Florida Enterprise Zone Act.
92     5.  That portion of the ad valorem school taxes paid or
93incurred for the taxable year which is equal to the amount of
94the credit allowable for the taxable year under s. 220.182. This
95subparagraph shall expire on the date specified in s. 290.016
96for the expiration of the Florida Enterprise Zone Act.
97     6.  The amount of emergency excise tax paid or accrued as a
98liability to this state under chapter 221 which tax is
99deductible from gross income in the computation of taxable
100income for the taxable year.
101     7.  That portion of assessments to fund a guaranty
102association incurred for the taxable year which is equal to the
103amount of the credit allowable for the taxable year.
104     8.  In the case of a nonprofit corporation which holds a
105pari-mutuel permit and which is exempt from federal income tax
106as a farmers' cooperative, an amount equal to the excess of the
107gross income attributable to the pari-mutuel operations over the
108attributable expenses for the taxable year.
109     9.  The amount taken as a credit for the taxable year under
110s. 220.1895.
111     10.  Up to nine percent of the eligible basis of any
112designated project which is equal to the credit allowable for
113the taxable year under s. 220.185.
114     11.  The amount taken as a credit for the taxable year
115under s. 220.187.
116     12.  The amount taken as a credit for the taxable year
117under s. 220.192.
118     13.  The amount taken as a credit for the taxable year
119under s. 220.193.
120     14.  Any amount in excess of $25,000 allowable as a
121deduction for federal income tax purposes under s. 179 of the
122Internal Revenue Code of 1986, as amended, for the taxable year.
123     15.  Any amount allowable as a deduction for federal income
124tax purposes under s. 167 or s. 168 of the Internal Revenue Code
125of 1986, as amended, for the taxable year to the extent that
126such amount includes bonus depreciation allowable as deduction
127under s. 168(k).
128     (e)  Adjustments related to the Federal Economic Stimulus
129Act of 2008.--Taxpayers shall be required to make the
130adjustments prescribed in this paragraph for Florida tax
131purposes in relation to certain tax benefits received pursuant
132to the Economic Stimulus Act of 2008.
133     1.  There shall be added to such taxable income an amount
134equal to 80 percent of any amount deducted for federal income
135tax purposes as bonus depreciation for the taxable year pursuant
136to ss. 167 and 168(k) of the Internal Revenue Code of 1986, as
137amended by s. 103 of Pub. L. No. 110-185, for property placed in
138service after December 31, 2007, and before January 1, 2009. In
139each of the 4 subsequent taxable years, there shall be
140subtracted from such taxable income 25 percent of the amount by
141which taxable income was increased pursuant to this
142subparagraph, notwithstanding any sale or other disposition of
143the property that is the subject of the adjustments and
144regardless of whether such property remains in service in the
145hands of the taxpayer.
146     2.  There shall be added to such taxable income an amount
147equal to 80 percent of any amount in excess of $128,000 deducted
148for federal income tax purposes for the taxable year under s.
149179 of the Internal Revenue Code of 1986, as amended by s. 102
150of Pub. L. No. 110-185, for taxable years beginning after
151December 31, 2007, and before January 1, 2009. In each of the 4
152subsequent taxable years, there shall be subtracted from such
153taxable income 25 percent of the amount by which taxable income
154was increased pursuant to this subparagraph, notwithstanding any
155sale or other disposition of the property that is the subject of
156the adjustments and regardless of whether such property remains
157in service in the hands of the taxpayer.
158     3.  Subtractions available under this paragraph may be
159transferred to the surviving or acquiring entity following a
160merger or acquisition and used in the same manner and with the
161same limitations as specified by this paragraph.
162     4.  The additions and subtractions specified in this
163paragraph are intended to adjust taxable income for Florida tax
164purposes, and, notwithstanding any other provision of this code,
165such additions and subtractions shall be permitted to change a
166taxpayer's net operating loss for Florida tax purposes.
167     Section 3.  The Department of Revenue shall compromise all
168penalties and interest imposed on taxpayers who file returns
169prior to the effective date of this act and subsequently file
170amended returns based upon this act. This section only applies
171to changes in tax liability directly resulting from the
172provisions of this act.
173     Section 4.  The executive director of the Department of
174Revenue may, and all conditions are deemed met to, adopt
175emergency rules under ss. 120.536(1) and 120.54(4), Florida
176Statutes, for the purpose of implementing this act.
177Notwithstanding any other provision of law, such emergency rules
178shall remain in effect for 18 months after the date adopted and
179may be renewed during the pendency of any procedures to adopt
180rules addressing the subject of the emergency rules.
181     Section 5.  This act shall take effect upon becoming a law,
182and shall operate retroactively to January 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.