1 | A bill to be entitled |
2 | An act relating to tax credits; amending s. 220.02, F.S.; |
3 | revising the priority of tax credits that may be taken |
4 | against the corporate income tax or the franchise tax; |
5 | amending s. 220.13, F.S.; redefining the term "adjusted |
6 | federal income" to include the amount of certain tax |
7 | credits; creating s. 220.1811, F.S.; authorizing |
8 | aerospace-sector jobs tax credits and tuition |
9 | reimbursement tax credits; defining terms; authorizing a |
10 | tax credit to aerospace businesses based on the salary or |
11 | tuition reimbursed to certain employees; specifying the |
12 | maximum annual amount of tax credits for an aerospace |
13 | business; limiting the annual amount of tax credits |
14 | available; prohibiting a business from claiming an |
15 | aerospace-sector jobs tax credit and a tuition |
16 | reimbursement tax credit for the same employee; providing |
17 | for the Department of Revenue to approve applications for |
18 | tax credits; prohibiting increases in the amount of unused |
19 | tax credits carried over in amended tax returns; providing |
20 | fines and criminal penalties for certain unlawful claims |
21 | of tax credits; authorizing the Department of Revenue to |
22 | adopt rules; providing for the expiration of the tax |
23 | credit program; providing for applicability; providing an |
24 | effective date. |
25 |
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26 | Be It Enacted by the Legislature of the State of Florida: |
27 |
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28 | Section 1. Subsection (8) of section 220.02, Florida |
29 | Statutes, is amended to read: |
30 | 220.02 Legislative intent.- |
31 | (8) It is the intent of the Legislature that Credits |
32 | against either the corporate income tax or the franchise tax |
33 | shall be applied in the following order: those enumerated in s. |
34 | 631.828, those enumerated in s. 220.191, those enumerated in s. |
35 | 220.181, those enumerated in s. 220.183, those enumerated in s. |
36 | 220.182, those enumerated in s. 220.1895, those enumerated in s. |
37 | 221.02, those enumerated in s. 220.184, those enumerated in s. |
38 | 220.186, those enumerated in s. 220.1845, those enumerated in s. |
39 | 220.19, those enumerated in s. 220.185, those enumerated in s. |
40 | 220.187, those enumerated in s. 220.192, those enumerated in s. |
41 | 220.193, and those enumerated in s. 288.9916, and those |
42 | enumerated in s. 220.1811. |
43 | Section 2. Paragraph (a) of subsection (1) of section |
44 | 220.13, Florida Statutes, is amended to read: |
45 | 220.13 "Adjusted federal income" defined.- |
46 | (1) The term "adjusted federal income" means an amount |
47 | equal to the taxpayer's taxable income as defined in subsection |
48 | (2), or such taxable income of more than one taxpayer as |
49 | provided in s. 220.131, for the taxable year, adjusted as |
50 | follows: |
51 | (a) Additions.-There shall be added to such taxable |
52 | income: |
53 | 1. The amount of any tax upon or measured by income, |
54 | excluding taxes based on gross receipts or revenues, paid or |
55 | accrued as a liability to the District of Columbia or any state |
56 | of the United States which is deductible from gross income in |
57 | the computation of taxable income for the taxable year. |
58 | 2. The amount of interest which is excluded from taxable |
59 | income under s. 103(a) of the Internal Revenue Code or any other |
60 | federal law, less the associated expenses disallowed in the |
61 | computation of taxable income under s. 265 of the Internal |
62 | Revenue Code or any other law, excluding 60 percent of any |
63 | amounts included in alternative minimum taxable income, as |
64 | defined in s. 55(b)(2) of the Internal Revenue Code, if the |
65 | taxpayer pays tax under s. 220.11(3). |
66 | 3. In the case of a regulated investment company or real |
67 | estate investment trust, an amount equal to the excess of the |
68 | net long-term capital gain for the taxable year over the amount |
69 | of the capital gain dividends attributable to the taxable year. |
70 | 4. That portion of the wages or salaries paid or incurred |
71 | for the taxable year which is equal to the amount of the credit |
72 | allowable for the taxable year under s. 220.181. This |
73 | subparagraph shall expire on the date specified in s. 290.016 |
74 | for the expiration of the Florida Enterprise Zone Act. |
75 | 5. That portion of the ad valorem school taxes paid or |
76 | incurred for the taxable year which is equal to the amount of |
77 | the credit allowable for the taxable year under s. 220.182. This |
78 | subparagraph shall expire on the date specified in s. 290.016 |
79 | for the expiration of the Florida Enterprise Zone Act. |
80 | 6. The amount of emergency excise tax paid or accrued as a |
81 | liability to this state under chapter 221 which tax is |
82 | deductible from gross income in the computation of taxable |
83 | income for the taxable year. |
84 | 7. That portion of assessments to fund a guaranty |
85 | association incurred for the taxable year which is equal to the |
86 | amount of the credit allowable for the taxable year. |
87 | 8. In the case of a nonprofit corporation that which holds |
88 | a pari-mutuel permit and which is exempt from federal income tax |
89 | as a farmers' cooperative, an amount equal to the excess of the |
90 | gross income attributable to the pari-mutuel operations over the |
91 | attributable expenses for the taxable year. |
92 | 9. The amount taken as a credit for the taxable year under |
93 | s. 220.1895. |
94 | 10. Up to nine percent of the eligible basis of any |
95 | designated project which is equal to the credit allowable for |
96 | the taxable year under s. 220.185. |
97 | 11. The amount taken as a credit for the taxable year |
98 | under s. 220.187. |
99 | 12. The amount taken as a credit for the taxable year |
100 | under s. 220.192. |
101 | 13. The amount taken as a credit for the taxable year |
102 | under s. 220.193. |
103 | 14. Any portion of a qualified investment, as defined in |
104 | s. 288.9913, which is claimed as a deduction by the taxpayer and |
105 | taken as a credit against income tax pursuant to s. 288.9916. |
106 | 15. The amount taken as a credit for the taxable year |
107 | under s. 220.1811. |
108 | Section 3. Section 220.1811, Florida Statutes, is created |
109 | to read: |
110 | 220.1811 Aerospace-sector jobs tax credit and tuition |
111 | reimbursement tax credit.- |
112 | (1) DEFINITIONS.-As used in this section, the term: |
113 | (a) "Aerospace business" means a business located in this |
114 | state which is engaged in the aerospace industry, as defined in |
115 | s. 331.303. |
116 | (b) "Qualified employee" means a resident of this state |
117 | who: |
118 | 1. Is first employed or reemployed by an aerospace |
119 | business on or after January 1, 2011; |
120 | 2. Received an undergraduate or graduate degree from a |
121 | college or university that is accredited by a national |
122 | accrediting body; a technical degree or certification related to |
123 | aerospace from a technical training institution; or completed an |
124 | aerospace development workforce training program coordinated by |
125 | Workforce Florida, Inc.; |
126 | 3. Is not an owner, partner, or majority stockholder of an |
127 | aerospace business; and |
128 | 4. Is employed for at least 6 months. |
129 | (c) "Tuition reimbursed to a qualified employee" means a |
130 | lump-sum payment by an aerospace business to a qualified |
131 | employee, which may not exceed the average annual tuition, as |
132 | reported by the Board of Governors of the State University |
133 | System, for a Florida resident who is a full-time undergraduate |
134 | student enrolled in a public college or university. The term |
135 | does 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 |
138 | may be claimed by an aerospace business for compensation paid to |
139 | a qualified employee. |
140 | (b) The credit authorized by this subsection shall equal |
141 | 10 percent of the compensation paid for the first through fifth |
142 | years of employment in this state by an aerospace business. |
143 | (c) The credit authorized by this subsection may not |
144 | exceed $12,500 annually for each qualified employee. |
145 | (d) This credit applies only with respect to wages subject |
146 | to unemployment tax. |
147 | (e) If the credit is not fully used in any one year, the |
148 | unused amount may be carried forward for a period not to exceed |
149 | 5 years. The carryover credit may be used in a subsequent year |
150 | if the tax imposed by this chapter for such year exceeds the |
151 | credit for such year after applying the other credits and unused |
152 | credit 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 |
155 | may be claimed by an aerospace business for 50 percent of |
156 | tuition reimbursed to a qualified employee in a tax year. |
157 | (b) The credit may be claimed only if the qualified |
158 | employee was awarded an undergraduate or graduate degree, a |
159 | technical certification, or a certification from a training |
160 | program offered by Workforce Florida, Inc., within 1 year after |
161 | commencing employment with the business requesting the credit, |
162 | and may be claimed within 4 years after employment of the |
163 | qualified employee. |
164 | (c) If this credit is not fully used in any one year, the |
165 | unused amount may be carried forward for a period not to exceed |
166 | 5 years. The carryover credit may be used in a subsequent year |
167 | if the tax imposed under this chapter for such year exceeds the |
168 | credit for such year after applying the other credits and unused |
169 | credit carryovers in the order provided in s. 220.02(8). |
170 | (4) MAXIMUM CREDITS FOR AN AEROSPACE BUSINESS.-The maximum |
171 | amount of credits under this section which may be claimed by any |
172 | single aerospace business in a calendar year is $200,000. |
173 | (5) ANNUAL LIMIT ON TAX CREDITS.-The total amount of |
174 | credits that may be granted under this section is $2 million in |
175 | any calendar year. A credit that is claimed after the $2 million |
176 | limit is reached shall be disallowed. |
177 | (6) DUPLICATION OF TAX CREDITS.-A business may not claim |
178 | an aerospace-sector jobs tax credit and a tuition reimbursement |
179 | tax credit for the same qualified employee. |
180 | (7) APPLICATION FOR TAX CREDITS.- |
181 | (a) An aerospace business must apply to the department for |
182 | authorization to claim an aerospace-sector jobs tax credit or a |
183 | tuition reimbursement tax credit. The application must be filed |
184 | under oath and include: |
185 | 1. The name and address of the business and documentation |
186 | that 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 |
189 | is a qualified employee. |
190 | b. The salary or hourly wages, including the hourly wages |
191 | subject to unemployment tax paid to the qualified employee. |
192 | c. The location of the community college, college, |
193 | university, technical institution, or training program offered |
194 | by Workforce Florida, Inc., from which the qualified employee |
195 | received his or her degree or certification. |
196 | d. A statement as to whether the applicant is seeking an |
197 | aerospace-sector jobs tax credit or a tuition reimbursement tax |
198 | credit. |
199 | (b) The applicant for a tax credit has the burden of |
200 | demonstrating to the satisfaction of the department that it |
201 | meets the requirements of this section. |
202 | (8) LIMITS ON THE CARRY OVER OF TAX CREDITS.-An aerospace |
203 | business may not carry over more tax credits in an amended |
204 | return than were claimed on the original return for the taxable |
205 | year. This subsection does not limit increases in the amount of |
206 | credit claimed on an amended return due to the use of any credit |
207 | amount previously carried over pursuant to paragraph (2)(e) or |
208 | paragraph (3)(c). |
209 | (9) PENALTIES.- |
210 | (a) Any person who fraudulently claims this credit is |
211 | liable for repayment of the credit, plus a mandatory penalty in |
212 | the amount of 200 percent of the credit, plus interest at the |
213 | rate provided in s. 220.807, and commits a felony of the third |
214 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
215 | 775.084. |
216 | (b) Any person who makes an underpayment of tax as a |
217 | result of a grossly overstated claim for this credit commits a |
218 | felony of the third degree, punishable as provided in s. |
219 | 775.082, s. 775.083, or s. 775.084. As used in this paragraph, |
220 | the term "grossly overstated claim" means a claim in an amount |
221 | in excess of 100 percent of the amount of credit allowable under |
222 | this section. |
223 | (10) RULEMAKING.-The department may adopt rules to |
224 | prescribe any necessary forms required to claim a tax credit |
225 | under this section and to provide guidelines and procedures |
226 | required to administer this section. |
227 | (11) EXPIRATION.-This section, except paragraphs (2)(e) |
228 | and (3)(c) and subsection (8), expires December 31, 2020. An |
229 | aerospace business may not claim a new tax credit under this |
230 | section after that date. However, an aerospace business may |
231 | claim tax credits carried over pursuant to paragraph (2)(e) or |
232 | paragraph (3)(c). |
233 | Section 4. This act shall take effect January 1, 2011, and |
234 | applies to tax years beginning on or after that date. |