1 | A bill to be entitled |
2 | An act relating to the corporate income tax; amending s. |
3 | 220.03, F.S.; providing for the adoption of the 2011 |
4 | version of the Internal Revenue Code; amending s. 220.13, |
5 | F.S.; specifying the treatment by this state of certain |
6 | depreciation and expensing of assets that are allowed for |
7 | federal income tax purposes; authorizing the executive |
8 | director of the Department of Revenue to adopt emergency |
9 | rules; providing for retroactive application; providing an |
10 | effective date. |
11 |
|
12 | Be It Enacted by the Legislature of the State of Florida: |
13 |
|
14 | Section 1. Paragraph (n) of subsection (1) and subsection |
15 | (2) of section 220.03, Florida Statutes, are amended to read: |
16 | 220.03 Definitions.- |
17 | (1) SPECIFIC TERMS.-When used in this code, and when not |
18 | otherwise distinctly expressed or manifestly incompatible with |
19 | the intent thereof, the following terms shall have the following |
20 | meanings: |
21 | (n) "Internal Revenue Code" means the United States |
22 | Internal Revenue Code of 1986, as amended and in effect on |
23 | January 1, 2011 2010, except as provided in subsection (3). |
24 | (2) DEFINITIONAL RULES.-When used in this code and neither |
25 | otherwise distinctly expressed nor manifestly incompatible with |
26 | the intent thereof: |
27 | (a) The word "corporation" or "taxpayer" shall be deemed |
28 | to include the words "and its successors and assigns" as if |
29 | these words, or words of similar import, were expressed; |
30 | (b) Any term used in any section of this code with respect |
31 | to the application of, or in connection with, the provisions of |
32 | any other section of this code shall have the same meaning as in |
33 | such other section; and |
34 | (c) Any term used in this code shall have the same meaning |
35 | as when used in a comparable context in the Internal Revenue |
36 | Code and other statutes of the United States relating to federal |
37 | income taxes, as such code and statutes are in effect on January |
38 | 1, 2011 2010. However, if subsection (3) is implemented, the |
39 | meaning of any term shall be taken at the time the term is |
40 | applied under this code. |
41 | Section 2. Paragraph (e) of subsection (1) of section |
42 | 220.13, Florida Statutes, is amended to read: |
43 | 220.13 "Adjusted federal income" defined.- |
44 | (1) The term "adjusted federal income" means an amount |
45 | equal to the taxpayer's taxable income as defined in subsection |
46 | (2), or such taxable income of more than one taxpayer as |
47 | provided in s. 220.131, for the taxable year, adjusted as |
48 | follows: |
49 | (e) Adjustments related to the Federal Economic Stimulus |
50 | Act of 2008, and the American Recovery and Reinvestment Act of |
51 | 2009, the Small Business Jobs Act of 2010, and the Tax Relief, |
52 | Unemployment Insurance Reauthorization, and Job Creation Act of |
53 | 2010.-Taxpayers shall be required to make the adjustments |
54 | prescribed in this paragraph for Florida tax purposes in |
55 | relation to certain tax benefits received pursuant to the |
56 | Economic Stimulus Act of 2008, and the American Recovery and |
57 | Reinvestment Act of 2009, the Small Business Jobs Act of 2010, |
58 | and the Tax Relief, Unemployment Insurance Reauthorization, and |
59 | Job Creation Act of 2010. |
60 | 1. There shall be added to such taxable income an amount |
61 | equal to 100 percent of any amount deducted for federal income |
62 | tax purposes as bonus depreciation for the taxable year pursuant |
63 | to ss. 167 and 168(k) of the Internal Revenue Code of 1986, as |
64 | amended by s. 103 of Pub. L. No. 110-185, and s. 1201 of Pub. L. |
65 | No. 111-5, s. 2022 of Pub. L. No. 111-240, and s. 401 of Pub. L. |
66 | No. 111-312, for property placed in service after December 31, |
67 | 2007, and before January 1, 2013 2010. For the taxable year and |
68 | for each of the 6 subsequent taxable years, there shall be |
69 | subtracted from such taxable income an amount equal to one- |
70 | seventh of the amount by which taxable income was increased |
71 | pursuant to this subparagraph, notwithstanding any sale or other |
72 | disposition of the property that is the subject of the |
73 | adjustments and regardless of whether such property remains in |
74 | service in the hands of the taxpayer. |
75 | 2. There shall be added to such taxable income an amount |
76 | equal to 100 percent of any amount in excess of $128,000 |
77 | deducted for federal income tax purposes for the taxable year |
78 | pursuant to s. 179 of the Internal Revenue Code of 1986, as |
79 | amended by s. 102 of Pub. L. No. 110-185, and s. 1202 of Pub. L. |
80 | No. 111-5, s. 2021 of Pub. L. No. 111-240, and s. 402 of Pub. L. |
81 | No. 111-312, for taxable years beginning after December 31, |
82 | 2007, and before January 1, 2013 2010. For the taxable year and |
83 | for each of the 6 subsequent taxable years, there shall be |
84 | subtracted from such taxable income one-seventh of the amount by |
85 | which taxable income was increased pursuant to this |
86 | subparagraph, notwithstanding any sale or other disposition of |
87 | the property that is the subject of the adjustments and |
88 | regardless of whether such property remains in service in the |
89 | hands of the taxpayer. |
90 | 3. There shall be added to such taxable income an amount |
91 | equal to the amount of deferred income not included in such |
92 | taxable income pursuant to s. 108(i)(1) of the Internal Revenue |
93 | Code of 1986, as amended by s. 1231 of Pub. L. No. 111-5. There |
94 | shall be subtracted from such taxable income an amount equal to |
95 | the amount of deferred income included in such taxable income |
96 | pursuant to s. 108(i)(1) of the Internal Revenue Code of 1986, |
97 | as amended by s. 1231 of Pub. L. No. 111-5. |
98 | 4. Subtractions available under this paragraph may be |
99 | transferred to the surviving or acquiring entity following a |
100 | merger or acquisition and used in the same manner and with the |
101 | same limitations as specified by this paragraph. |
102 | 5. The additions and subtractions specified in this |
103 | paragraph are intended to adjust taxable income for Florida tax |
104 | purposes, and, notwithstanding any other provision of this code, |
105 | such additions and subtractions shall be permitted to change a |
106 | taxpayer's net operating loss for Florida tax purposes. |
107 | Section 3. (1) The executive director of the Department |
108 | of Revenue is authorized, and all conditions are deemed met, to |
109 | adopt emergency rules under ss. 120.536(1) and 120.54(4), |
110 | Florida Statutes, for the purpose of implementing this act. |
111 | (2) Notwithstanding any other provision of law, the |
112 | emergency rules shall remain in effect for 6 months after they |
113 | are adopted and may be renewed during the pendency of procedures |
114 | to adopt permanent rules addressing the subject of the emergency |
115 | rules. |
116 | Section 4. This act shall take effect upon becoming a law, |
117 | and shall operate retroactively to January 1, 2011. |