HB 1539

1
A bill to be entitled
2An act relating to tax credits; amending s. 220.02, F.S.;
3revising the priority of tax credits that may be taken
4against the corporate income tax or the franchise tax;
5amending s. 220.13, F.S.; redefining the term "adjusted
6federal income" to include the amount of certain tax
7credits; creating s. 220.1811, F.S.; authorizing
8aerospace-sector jobs tax credits and tuition
9reimbursement tax credits; defining terms; authorizing a
10tax credit to aerospace businesses based on the salary or
11tuition reimbursed to certain employees; specifying the
12maximum annual amount of tax credits for an aerospace
13business; limiting the annual amount of tax credits
14available; prohibiting a business from claiming an
15aerospace-sector jobs tax credit and a tuition
16reimbursement tax credit for the same employee; providing
17for the Department of Revenue to approve applications for
18tax credits; prohibiting increases in the amount of unused
19tax credits carried over in amended tax returns; providing
20fines and criminal penalties for certain unlawful claims
21of tax credits; authorizing the Department of Revenue to
22adopt rules; providing for the expiration of the tax
23credit program; providing for applicability; providing an
24effective date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Subsection (8) of section 220.02, Florida
29Statutes, is amended to read:
30     220.02  Legislative intent.-
31     (8)  It is the intent of the Legislature that Credits
32against either the corporate income tax or the franchise tax
33shall be applied in the following order: those enumerated in s.
34631.828, those enumerated in s. 220.191, those enumerated in s.
35220.181, those enumerated in s. 220.183, those enumerated in s.
36220.182, those enumerated in s. 220.1895, those enumerated in s.
37221.02, those enumerated in s. 220.184, those enumerated in s.
38220.186, those enumerated in s. 220.1845, those enumerated in s.
39220.19, those enumerated in s. 220.185, those enumerated in s.
40220.187, those enumerated in s. 220.192, those enumerated in s.
41220.193, and those enumerated in s. 288.9916, and those
42enumerated in s. 220.1811.
43     Section 2.  Paragraph (a) of subsection (1) of section
44220.13, Florida Statutes, is amended to read:
45     220.13  "Adjusted federal income" defined.-
46     (1)  The term "adjusted federal income" means an amount
47equal to the taxpayer's taxable income as defined in subsection
48(2), or such taxable income of more than one taxpayer as
49provided in s. 220.131, for the taxable year, adjusted as
50follows:
51     (a)  Additions.-There shall be added to such taxable
52income:
53     1.  The amount of any tax upon or measured by income,
54excluding taxes based on gross receipts or revenues, paid or
55accrued as a liability to the District of Columbia or any state
56of the United States which is deductible from gross income in
57the computation of taxable income for the taxable year.
58     2.  The amount of interest which is excluded from taxable
59income under s. 103(a) of the Internal Revenue Code or any other
60federal law, less the associated expenses disallowed in the
61computation of taxable income under s. 265 of the Internal
62Revenue Code or any other law, excluding 60 percent of any
63amounts included in alternative minimum taxable income, as
64defined in s. 55(b)(2) of the Internal Revenue Code, if the
65taxpayer pays tax under s. 220.11(3).
66     3.  In the case of a regulated investment company or real
67estate investment trust, an amount equal to the excess of the
68net long-term capital gain for the taxable year over the amount
69of the capital gain dividends attributable to the taxable year.
70     4.  That portion of the wages or salaries paid or incurred
71for the taxable year which is equal to the amount of the credit
72allowable for the taxable year under s. 220.181. This
73subparagraph shall expire on the date specified in s. 290.016
74for the expiration of the Florida Enterprise Zone Act.
75     5.  That portion of the ad valorem school taxes paid or
76incurred for the taxable year which is equal to the amount of
77the credit allowable for the taxable year under s. 220.182. This
78subparagraph shall expire on the date specified in s. 290.016
79for the expiration of the Florida Enterprise Zone Act.
80     6.  The amount of emergency excise tax paid or accrued as a
81liability to this state under chapter 221 which tax is
82deductible from gross income in the computation of taxable
83income for the taxable year.
84     7.  That portion of assessments to fund a guaranty
85association incurred for the taxable year which is equal to the
86amount of the credit allowable for the taxable year.
87     8.  In the case of a nonprofit corporation that which holds
88a pari-mutuel permit and which is exempt from federal income tax
89as a farmers' cooperative, an amount equal to the excess of the
90gross income attributable to the pari-mutuel operations over the
91attributable expenses for the taxable year.
92     9.  The amount taken as a credit for the taxable year under
93s. 220.1895.
94     10.  Up to nine percent of the eligible basis of any
95designated project which is equal to the credit allowable for
96the taxable year under s. 220.185.
97     11.  The amount taken as a credit for the taxable year
98under s. 220.187.
99     12.  The amount taken as a credit for the taxable year
100under s. 220.192.
101     13.  The amount taken as a credit for the taxable year
102under s. 220.193.
103     14.  Any portion of a qualified investment, as defined in
104s. 288.9913, which is claimed as a deduction by the taxpayer and
105taken as a credit against income tax pursuant to s. 288.9916.
106     15.  The amount taken as a credit for the taxable year
107under s. 220.1811.
108     Section 3.  Section 220.1811, Florida Statutes, is created
109to read:
110     220.1811  Aerospace-sector jobs tax credit and tuition
111reimbursement tax credit.-
112     (1)  DEFINITIONS.-As used in this section, the term:
113     (a)  "Aerospace business" means a business located in this
114state which is engaged in the aerospace industry, as defined in
115s. 331.303.
116     (b)  "Qualified employee" means a resident of this state
117who:
118     1.  Is first employed or reemployed by an aerospace
119business on or after January 1, 2011;
120     2.  Received an undergraduate or graduate degree from a
121college or university that is accredited by a national
122accrediting body; a technical degree or certification related to
123aerospace from a technical training institution; or completed an
124aerospace development workforce training program coordinated by
125Workforce Florida, Inc.;
126     3.  Is not an owner, partner, or majority stockholder of an
127aerospace business; and
128     4.  Is employed for at least 6 months.
129     (c)  "Tuition reimbursed to a qualified employee" means a
130lump-sum payment by an aerospace business to a qualified
131employee, which may not exceed the average annual tuition, as
132reported by the Board of Governors of the State University
133System, for a Florida resident who is a full-time undergraduate
134student enrolled in a public college or university. The term
135does not include the cost of books, fees, or room and board.
136     (2)  AEROSPACE-SECTOR JOBS TAX CREDIT.-
137     (a)  A credit against the tax imposed under this chapter
138may be claimed by an aerospace business for compensation paid to
139a qualified employee.
140     (b)  The credit authorized by this subsection shall equal
14110 percent of the compensation paid for the first through fifth
142years of employment in this state by an aerospace business.
143     (c)  The credit authorized by this subsection may not
144exceed $12,500 annually for each qualified employee.
145     (d)  This credit applies only with respect to wages subject
146to unemployment tax.
147     (e)  If the credit is not fully used in any one year, the
148unused amount may be carried forward for a period not to exceed
1495 years. The carryover credit may be used in a subsequent year
150if the tax imposed by this chapter for such year exceeds the
151credit for such year after applying the other credits and unused
152credit carryovers in the order provided in s. 220.02(8).
153     (3)  TUITION REIMBURSEMENT TAX CREDIT.-
154     (a)  A credit against the tax imposed under this chapter
155may be claimed by an aerospace business for 50 percent of
156tuition reimbursed to a qualified employee in a tax year.
157     (b)  The credit may be claimed only if the qualified
158employee was awarded an undergraduate or graduate degree, a
159technical certification, or a certification from a training
160program offered by Workforce Florida, Inc., within 1 year after
161commencing employment with the business requesting the credit,
162and may be claimed within 4 years after employment of the
163qualified employee.
164     (c)  If this credit is not fully used in any one year, the
165unused amount may be carried forward for a period not to exceed
1665 years. The carryover credit may be used in a subsequent year
167if the tax imposed under this chapter for such year exceeds the
168credit for such year after applying the other credits and unused
169credit carryovers in the order provided in s. 220.02(8).
170     (4)  MAXIMUM CREDITS FOR AN AEROSPACE BUSINESS.-The maximum
171amount of credits under this section which may be claimed by any
172single aerospace business in a calendar year is $200,000.
173     (5)  ANNUAL LIMIT ON TAX CREDITS.-The total amount of
174credits that may be granted under this section is $2 million in
175any calendar year. A credit that is claimed after the $2 million
176limit is reached shall be disallowed.
177     (6)  DUPLICATION OF TAX CREDITS.-A business may not claim
178an aerospace-sector jobs tax credit and a tuition reimbursement
179tax credit for the same qualified employee.
180     (7)  APPLICATION FOR TAX CREDITS.-
181     (a)  An aerospace business must apply to the department for
182authorization to claim an aerospace-sector jobs tax credit or a
183tuition reimbursement tax credit. The application must be filed
184under oath and include:
185     1.  The name and address of the business and documentation
186that the business is an aerospace business.
187     2.  For each employee for which a tax credit is sought:
188     a.  The employee's name and documentation that the employee
189is a qualified employee.
190     b.  The salary or hourly wages, including the hourly wages
191subject to unemployment tax paid to the qualified employee.
192     c.  The location of the community college, college,
193university, technical institution, or training program offered
194by Workforce Florida, Inc., from which the qualified employee
195received his or her degree or certification.
196     d.  A statement as to whether the applicant is seeking an
197aerospace-sector jobs tax credit or a tuition reimbursement tax
198credit.
199     (b)  The applicant for a tax credit has the burden of
200demonstrating to the satisfaction of the department that it
201meets the requirements of this section.
202     (8)  LIMITS ON THE CARRY OVER OF TAX CREDITS.-An aerospace
203business may not carry over more tax credits in an amended
204return than were claimed on the original return for the taxable
205year. This subsection does not limit increases in the amount of
206credit claimed on an amended return due to the use of any credit
207amount previously carried over pursuant to paragraph (2)(e) or
208paragraph (3)(c).
209     (9)  PENALTIES.-
210     (a)  Any person who fraudulently claims this credit is
211liable for repayment of the credit, plus a mandatory penalty in
212the amount of 200 percent of the credit, plus interest at the
213rate provided in s. 220.807, and commits a felony of the third
214degree, punishable as provided in s. 775.082, s. 775.083, or s.
215775.084.
216     (b)  Any person who makes an underpayment of tax as a
217result of a grossly overstated claim for this credit commits a
218felony of the third degree, punishable as provided in s.
219775.082, s. 775.083, or s. 775.084. As used in this paragraph,
220the term "grossly overstated claim" means a claim in an amount
221in excess of 100 percent of the amount of credit allowable under
222this section.
223     (10)  RULEMAKING.-The department may adopt rules to
224prescribe any necessary forms required to claim a tax credit
225under this section and to provide guidelines and procedures
226required to administer this section.
227     (11)  EXPIRATION.-This section, except paragraphs (2)(e)
228and (3)(c) and subsection (8), expires December 31, 2020. An
229aerospace business may not claim a new tax credit under this
230section after that date. However, an aerospace business may
231claim tax credits carried over pursuant to paragraph (2)(e) or
232paragraph (3)(c).
233     Section 4.  This act shall take effect January 1, 2011, and
234applies to tax years beginning on or after that date.


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