Florida Senate - 2009                                     SB 768
       
       
       
       By Senator Oelrich
       
       
       
       
       14-00737-09                                            2009768__
    1                        A bill to be entitled                      
    2         An act relating to tax credits for research and
    3         development; creating s. 220.194, F.S.; providing
    4         legislative intent; providing definitions; authorizing
    5         certain businesses that incur certain research and
    6         development expenses in this state to receive a tax
    7         credit against the corporate income tax; specifying
    8         the amount of the tax credit; limiting the use of the
    9         credit; permitting the carryover of unused tax credits
   10         for a specified period; permitting the sale or
   11         assignment of unused tax credits, subject to the
   12         approval of the Department of Revenue; limiting the
   13         total amounts of credits that may be granted and
   14         approved annually to a specified amount; requiring an
   15         application to receive the credit; authorizing the
   16         Department of Revenue to adopt rules; amending s.
   17         220.02, F.S.; providing that the tax credit for
   18         research and development is credited against the
   19         corporate income tax after other specified credits
   20         have been exhausted; providing an effective date.
   21         
   22         WHEREAS, research and development has become the underlying
   23  source of wealth in the 21st century by generating ideas and
   24  technologies that encourage productivity and economic growth,
   25  and
   26         WHEREAS, corporations generate the main body of growth
   27  stimulating innovations, and
   28         WHEREAS, research and development tax credits provide
   29  incentives for corporate research and development beyond
   30  expected levels, and
   31         WHEREAS, research shows that the federal research and
   32  development tax credit is an effective tool for stimulating
   33  additional research and development, which in turn leads to
   34  faster economic growth, and
   35         WHEREAS, state research and development tax credit programs
   36  are nearly as important to corporate research and development as
   37  the federal research and development tax credit program, and
   38         WHEREAS, the typical state research and development tax
   39  credit program increases general, company-funded research and
   40  development within a state, often enhancing the state's
   41  competitiveness by enabling a state to draw research and
   42  development activity away from other states, and
   43         WHEREAS, this state needs a state research and development
   44  tax credit program to ensure economic competition, and
   45         WHEREAS, more than half of the states of this nation have a
   46  research and development tax credit program, and
   47         WHEREAS, Florida lags behind the rest of the nation in
   48  important corporate research and development activities because
   49  the state does not have a research and development tax credit,
   50  and
   51         WHEREAS, the Legislature must create a research and
   52  development tax credit in order to encourage corporate research
   53  and development activity within this state, level the playing
   54  field with the state's regional and national economic
   55  competitors, support the state's vibrant innovation economy, and
   56  attract high-wage, professional research jobs to this state,
   57  NOW, THEREFORE,
   58  
   59  Be It Enacted by the Legislature of the State of Florida:
   60         
   61         Section 1. Section 220.194, Florida Statutes, is created to
   62  read:
   63         220.194Research and development tax credit.—
   64         (1)DEFINITIONS.—As used in this section, the term:
   65         (a)“Base amount” means the average of the business
   66  enterprise's qualified research expenses in this state allowed
   67  under 26 U.S.C. s. 41 for the 4 taxable years preceding the
   68  taxable year for which the credit is being determined. The
   69  qualified research expenses taken into account in computing the
   70  base amount must be determined on a basis consistent with the
   71  determination of qualified research expenses for the credit
   72  year.
   73         (b)“Base period” means the 4 taxable years preceding the
   74  taxable year for which the credit is being determined.
   75         (c)“Business enterprise” means any corporation, as defined
   76  in s. 220.03(1)(e), which is engaged in the manufacturing,
   77  transportation and warehousing, telecommunications, tourism, or
   78  research and development industries in this state, including
   79  retail businesses.
   80         (d)“Manufacturing industry” means corporations clearly
   81  engaged in manufacture which, during all years of the base
   82  period reports, list the principal business activity codes for
   83  manufacturing on their federal income tax returns.
   84         (e)“Qualified research expenses” means research expenses
   85  qualifying for the credit under 26 U.S.C. s. 41 for in-house
   86  research expenses incurred in this state or contract research
   87  expenses incurred in this state. The term does not include
   88  research conducted outside this state, research that is excluded
   89  under 26 U.S.C. s. 41, or research conducted by a business
   90  enterprise which is not within its principal business activity.
   91         (f)“Research and development industry” means corporations
   92  clearly engaged in the research and development business which,
   93  during all years of the base period reports, list the principal
   94  business activity codes for scientific research and development
   95  services on their federal income tax returns.
   96         (g)“Retail industry” means corporations clearly engaged in
   97  the retail business which, during all years of the base period
   98  reports, list the principal business activity codes for retail
   99  trade on their federal income tax returns.
  100         (h)“Telecommunications industry” means corporations
  101  clearly engaged in the telecommunications business which, during
  102  all years of the base period reports, list the principal
  103  business activity codes for telecommunications on their federal
  104  income tax returns.
  105         (i)“Tourism industry” means corporations clearly engaged
  106  in the tourism business which, during all years of the base
  107  period reports, list the principal business activity codes for
  108  arts, entertainment, and recreation or accommodations on their
  109  federal income tax returns.
  110         (j)“Transportation and warehousing industry” means
  111  corporations clearly engaged in the transportation or
  112  warehousing business which, during all years of the base period
  113  reports, list the principal business activity codes for
  114  transportation and warehousing on their federal income tax
  115  returns.
  116         (2)TAX CREDIT.—Subject to the limitations contained in
  117  paragraph (e), a business enterprise is eligible for a credit
  118  against the tax imposed by this chapter if such business
  119  enterprise has qualified research expenses in this state in the
  120  calendar year exceeding the base amount and, for the same
  121  calendar year, claims and is allowed a research credit for such
  122  qualified research expenses under 26 U.S.C. s. 41.
  123         (a)The tax credit shall be 10 percent of the excess
  124  qualified research expenses over the base amount. However, the
  125  maximum tax credit for a business enterprise, including any
  126  predecessor corporation that was a business enterprise, which
  127  has not been in existence for the entire base period, is reduced
  128  by 25 percent for each taxable year for which the corporation
  129  did not exist during the base period.
  130         (b)The credit taken in any single tax year may not exceed
  131  50 percent of the business enterprise's remaining net income tax
  132  liability under this chapter after all other credits have been
  133  applied under s. 220.02(8).
  134         (c)Any unused credit authorized pursuant to this section
  135  may be carried forward and claimed by the taxpayer for up to 5
  136  years following the close of the taxable year in which the
  137  qualified research expenses are incurred.
  138         (d)Any unused credit authorized under this section may be
  139  assigned or sold to another business enterprise, if a claim for
  140  the allowance has not been filed within 1 calendar year
  141  following the date on which the department approved the credit.
  142  The business enterprise selling the tax credit and the purchaser
  143  or assignee must file an application, waivers of
  144  confidentiality, and affidavits to transfer the credit on a form
  145  provided by the department and obtain the prior approval of the
  146  department for the transfer. The department may not unreasonably
  147  withhold such approval. The purchaser or assignee must use the
  148  tax credit in the taxable year in which the purchase or
  149  assignment of the credit is made. The transfer or purchase of
  150  any amount of the tax credit may not be exchanged for less than
  151  75 percent of the credit's value.
  152         (e)The combined total amount of tax credits that may be
  153  granted and approved to all business enterprises under this
  154  section during any calendar year is $15 million. Applications
  155  may be filed with the department on or after March 20 for
  156  qualified research expenses incurred within the preceding
  157  calendar year, and credits shall be granted in the order in
  158  which completed applications are received.
  159         (3)RULES.—The department may adopt rules to administer
  160  this section, including, but not limited to, rules prescribing
  161  forms, application procedures and dates, and notification or
  162  other procedures for the sale or assignment of a credit. The
  163  department may establish guidelines for making an affirmative
  164  showing of qualification for a credit and any evidence needed to
  165  substantiate a claim for credit under this section.
  166         Section 2. Subsection (8) of section 220.02, Florida
  167  Statutes, is amended to read:
  168         220.02 Legislative intent.—
  169         (8) It is the intent of the Legislature that credits
  170  against either the corporate income tax or the franchise tax be
  171  applied in the following order: those enumerated in s. 631.828,
  172  those enumerated in s. 220.191, those enumerated in s. 220.181,
  173  those enumerated in s. 220.183, those enumerated in s. 220.182,
  174  those enumerated in s. 220.1895, those enumerated in s. 221.02,
  175  those enumerated in s. 220.184, those enumerated in s. 220.186,
  176  those enumerated in s. 220.1845, those enumerated in s. 220.19,
  177  those enumerated in s. 220.185, those enumerated in s. 220.187,
  178  those enumerated in s. 220.192, and those enumerated in s.
  179  220.193, and those enumerated in s. 220.194.
  180         Section 3. This act shall take effect July 1, 2009, and is
  181  effective for tax years beginning on or after January 1, 2010.