HB 7185

1
A bill to be entitled
2An act relating to the corporate income tax; amending s.
3220.03, F.S.; providing for the adoption of the 2011
4version of the Internal Revenue Code; amending s. 220.13,
5F.S.; specifying the treatment by this state of certain
6depreciation and expensing of assets that are allowed for
7federal income tax purposes; authorizing the executive
8director of the Department of Revenue to adopt emergency
9rules; providing for retroactive application; providing an
10effective date.
11
12Be 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
18otherwise distinctly expressed or manifestly incompatible with
19the intent thereof, the following terms shall have the following
20meanings:
21     (n)  "Internal Revenue Code" means the United States
22Internal Revenue Code of 1986, as amended and in effect on
23January 1, 2011 2010, except as provided in subsection (3).
24     (2)  DEFINITIONAL RULES.-When used in this code and neither
25otherwise distinctly expressed nor manifestly incompatible with
26the intent thereof:
27     (a)  The word "corporation" or "taxpayer" shall be deemed
28to include the words "and its successors and assigns" as if
29these words, or words of similar import, were expressed;
30     (b)  Any term used in any section of this code with respect
31to the application of, or in connection with, the provisions of
32any other section of this code shall have the same meaning as in
33such other section; and
34     (c)  Any term used in this code shall have the same meaning
35as when used in a comparable context in the Internal Revenue
36Code and other statutes of the United States relating to federal
37income taxes, as such code and statutes are in effect on January
381, 2011 2010. However, if subsection (3) is implemented, the
39meaning of any term shall be taken at the time the term is
40applied under this code.
41     Section 2.  Paragraph (e) of subsection (1) of section
42220.13, Florida Statutes, is amended to read:
43     220.13  "Adjusted federal income" defined.-
44     (1)  The term "adjusted federal income" means an amount
45equal to the taxpayer's taxable income as defined in subsection
46(2), or such taxable income of more than one taxpayer as
47provided in s. 220.131, for the taxable year, adjusted as
48follows:
49     (e)  Adjustments related to the Federal Economic Stimulus
50Act of 2008, and the American Recovery and Reinvestment Act of
512009, the Small Business Jobs Act of 2010, and the Tax Relief,
52Unemployment Insurance Reauthorization, and Job Creation Act of
532010.-Taxpayers shall be required to make the adjustments
54prescribed in this paragraph for Florida tax purposes in
55relation to certain tax benefits received pursuant to the
56Economic Stimulus Act of 2008, and the American Recovery and
57Reinvestment Act of 2009, the Small Business Jobs Act of 2010,
58and the Tax Relief, Unemployment Insurance Reauthorization, and
59Job Creation Act of 2010.
60     1.  There shall be added to such taxable income an amount
61equal to 100 percent of any amount deducted for federal income
62tax purposes as bonus depreciation for the taxable year pursuant
63to ss. 167 and 168(k) of the Internal Revenue Code of 1986, as
64amended by s. 103 of Pub. L. No. 110-185, and s. 1201 of Pub. L.
65No. 111-5, s. 2022 of Pub. L. No. 111-240, and s. 401 of Pub. L.
66No. 111-312, for property placed in service after December 31,
672007, and before January 1, 2013 2010. For the taxable year and
68for each of the 6 subsequent taxable years, there shall be
69subtracted from such taxable income an amount equal to one-
70seventh of the amount by which taxable income was increased
71pursuant to this subparagraph, notwithstanding any sale or other
72disposition of the property that is the subject of the
73adjustments and regardless of whether such property remains in
74service in the hands of the taxpayer.
75     2.  There shall be added to such taxable income an amount
76equal to 100 percent of any amount in excess of $128,000
77deducted for federal income tax purposes for the taxable year
78pursuant to s. 179 of the Internal Revenue Code of 1986, as
79amended by s. 102 of Pub. L. No. 110-185, and s. 1202 of Pub. L.
80No. 111-5, s. 2021 of Pub. L. No. 111-240, and s. 402 of Pub. L.
81No. 111-312, for taxable years beginning after December 31,
822007, and before January 1, 2013 2010. For the taxable year and
83for each of the 6 subsequent taxable years, there shall be
84subtracted from such taxable income one-seventh of the amount by
85which taxable income was increased pursuant to this
86subparagraph, notwithstanding any sale or other disposition of
87the property that is the subject of the adjustments and
88regardless of whether such property remains in service in the
89hands of the taxpayer.
90     3.  There shall be added to such taxable income an amount
91equal to the amount of deferred income not included in such
92taxable income pursuant to s. 108(i)(1) of the Internal Revenue
93Code of 1986, as amended by s. 1231 of Pub. L. No. 111-5. There
94shall be subtracted from such taxable income an amount equal to
95the amount of deferred income included in such taxable income
96pursuant to s. 108(i)(1) of the Internal Revenue Code of 1986,
97as amended by s. 1231 of Pub. L. No. 111-5.
98     4.  Subtractions available under this paragraph may be
99transferred to the surviving or acquiring entity following a
100merger or acquisition and used in the same manner and with the
101same limitations as specified by this paragraph.
102     5.  The additions and subtractions specified in this
103paragraph are intended to adjust taxable income for Florida tax
104purposes, and, notwithstanding any other provision of this code,
105such additions and subtractions shall be permitted to change a
106taxpayer's net operating loss for Florida tax purposes.
107     Section 3.  (1)  The executive director of the Department
108of Revenue is authorized, and all conditions are deemed met, to
109adopt emergency rules under ss. 120.536(1) and 120.54(4),
110Florida Statutes, for the purpose of implementing this act.
111     (2)  Notwithstanding any other provision of law, the
112emergency rules shall remain in effect for 6 months after they
113are adopted and may be renewed during the pendency of procedures
114to adopt permanent rules addressing the subject of the emergency
115rules.
116     Section 4.  This act shall take effect upon becoming a law,
117and shall operate retroactively to January 1, 2011.


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