Florida Senate - 2010 SB 1184 By Senator Thrasher 8-01192-10 20101184__ 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 definitions; providing a tax credit for certain 5 research and development expenses; providing 6 eligibility requirements for research and development 7 tax credits; providing limitations regarding 8 eligibility; providing an amount for such credit; 9 providing a maximum amount of credit that may be taken 10 during a single tax year; providing that any unused 11 credit may be carried forward for a specified period; 12 authorizing the sale or assignment of unused credit to 13 certain taxpayers under certain conditions; requiring 14 that a party to a sale or assignment file certain 15 information and documents with the Department of 16 Revenue; requiring that parties to a sale or 17 assignment obtain the department’s approval before 18 completing such sale or assignment; prohibiting the 19 department from unreasonable withholding of such 20 approval; providing requirements for the use tax 21 credits sold or assigned; limiting the total amount of 22 tax credits that may be assigned in a calendar year; 23 providing that applications for credits may be filed 24 on or after a specified date; requiring that the 25 credits be granted in the order in which applications 26 are received; authorizing the department to adopt 27 rules; amending s. 220.02, F.S.; revising legislative 28 intent to include the research and development tax 29 credit in the ordered list according to which credits 30 against corporate income tax or franchise tax are 31 applied; providing an effective date. 32 33 WHEREAS, research and development has become the underlying 34 source of wealth in the 21st century by generating ideas and 35 technologies that encourage productivity and economic growth, 36 and 37 WHEREAS, corporations generate the main body of growth 38 stimulating innovations, and 39 WHEREAS, research and development tax credits provide 40 incentives for corporate research and development beyond 41 expected levels, and 42 WHEREAS, research shows that the federal research and 43 development tax credit is an effective tool for stimulating 44 additional research and development, which in turn leads to 45 faster economic growth, and 46 WHEREAS, state research and development tax credit programs 47 are nearly as important to corporate research and development as 48 the federal research and development tax credit program, and 49 WHEREAS, the typical state research and development tax 50 credit program increases general, corporate-funded research and 51 development within a state, often enhancing the state’s 52 competitiveness by enabling a state to draw research and 53 development activity away from other states, and 54 WHEREAS, this state needs a state research and development 55 tax credit program to ensure economic competitiveness, and 56 WHEREAS, more than half of the states of this nation have a 57 research and development tax credit program, and 58 WHEREAS, Florida lags behind the rest of the nation in 59 important corporate research and development activities because 60 the state does not have a research and development tax credit, 61 and 62 WHEREAS, the Legislature must create a research and 63 development tax credit in order to encourage corporate research 64 and development activity within this state, level the playing 65 field with the state’s regional and national economic 66 competitors, support the state’s vibrant innovation economy, and 67 attract high-wage, professional research jobs to this state, 68 NOW, THEREFORE, 69 70 Be It Enacted by the Legislature of the State of Florida: 71 72 Section 1. Section 220.194, Florida Statutes, is created to 73 read: 74 220.194 Research and development tax credit.— 75 (1) DEFINITIONS.—As used in this section, the term: 76 (a) “Base amount” means the average of the business 77 enterprise’s qualified research expenses in this state allowed 78 under 26 U.S.C. s. 41 for the 4 taxable years preceding the 79 taxable year for which the credit is being determined. The 80 qualified research expenses taken into account in computing the 81 base amount shall be determined on a basis consistent with the 82 determination of qualified research expenses for the credit 83 year. 84 (b) “Base period” means the 4 taxable years preceding the 85 taxable year for which the credit is being determined. 86 (c) “Business enterprise” means any corporation as defined 87 in s. 220.03(1)(e) which is also a target industry business as 88 defined in s. 288.106(1)(o). 89 (d) “Qualified research expenses” means research expenses 90 qualifying for the credit under 26 U.S.C. s. 41 for in-house 91 research expenses incurred in this state or contract research 92 expenses incurred in this state. The term does not include 93 research conducted outside this state, research that is excluded 94 under 26 U.S.C. s. 41, or research conducted by a business 95 enterprise that is not within its principal business activity. 96 (2) TAX CREDIT.—Subject to the limitations contained in 97 paragraph (e), a business enterprise is eligible for a credit 98 against the tax imposed by this chapter if the business 99 enterprise has qualified research expenses in this state in the 100 calendar year exceeding the base amount and, for the same 101 calendar year, claims and is allowed a research credit for such 102 qualified research expenses under 26 U.S.C. s. 41. 103 (a) The tax credit shall be 10 percent of the excess 104 qualified research expenses over the base amount. However, the 105 maximum tax credit for a business enterprise that has not been 106 in existence for the entire base period is reduced by 25 percent 107 for each taxable year for which the business enterprise, or a 108 predecessor corporation that was a business enterprise, did not 109 exist during the base period. 110 (b) The credit taken in any single tax year may not exceed 111 50 percent of the business enterprise’s remaining net income tax 112 liability under this chapter after all other credits have been 113 applied under s. 220.02(8). 114 (c) Any unused credit authorized pursuant to this section 115 may be carried forward and claimed by the taxpayer for up to 5 116 years following the close of the taxable year in which the 117 qualified research expenses are incurred. 118 (d) Any unused credit authorized pursuant to this section 119 may be assigned or sold to another business enterprise if a 120 claim for the allowance has not been filed within 1 calendar 121 year following the date on which the department approved the 122 credit. The business enterprise selling the tax credit and the 123 purchaser or assignee must file an application, waivers of 124 confidentiality, and affidavits to transfer the credit on a form 125 provided by the department and obtain the prior approval of the 126 department for such transfer. The department may not 127 unreasonably withhold such approval. The purchaser or assignee 128 must use the tax credit in the taxable year in which the 129 purchase or assignment of the credit is made. The transfer or 130 purchase of any amount of the tax credit may not be exchanged 131 for less than 75 percent of the credit’s value. 132 (e) The combined total amount of tax credits that may be 133 granted and approved to all business enterprises under this 134 section during any calendar year is $15 million. Applications 135 may be filed with the department on or after March 20 for 136 qualified research expenses incurred within the preceding 137 calendar year, and credits shall be granted in the order in 138 which completed applications are received. 139 (3) RULES.—The department may adopt rules to administer 140 this section, including, but not limited to, rules prescribing 141 forms, application procedures and dates, and notification or 142 other procedures for the sale or assignment of a credit, and may 143 establish guidelines for making an affirmative showing of 144 qualification for a credit and any evidence needed to 145 substantiate a claim for credit under this section. 146 Section 2. Subsection (8) of section 220.02, Florida 147 Statutes, is amended to read: 148 220.02 Legislative intent.— 149 (8) It is the intent of the Legislature that credits 150 against either the corporate income tax or the franchise tax be 151 applied in the following order: those enumerated in s. 631.828, 152 those enumerated in s. 220.191, those enumerated in s. 220.181, 153 those enumerated in s. 220.183, those enumerated in s. 220.182, 154 those enumerated in s. 220.1895, those enumerated in s. 221.02, 155 those enumerated in s. 220.184, those enumerated in s. 220.186, 156 those enumerated in s. 220.1845, those enumerated in s. 220.19, 157 those enumerated in s. 220.185, those enumerated in s. 220.187, 158 those enumerated in s. 220.192, those enumerated in s. 220.193, 159andthose enumerated in s. 288.9916, and those enumerated in s. 160 220.194. 161 Section 3. This act shall take effect July 1, 2010, and is 162 effective for tax years beginning on or after January 1, 2011.