Florida Senate - 2011 SB 942 By Senator Bogdanoff 25-00613-11 2011942__ 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 by a business enterprise; 11 providing that any unused credit may be carried 12 forward for a specified period; authorizing the sale 13 or assignment of unused credits to certain taxpayers 14 under certain conditions; requiring prior approval 15 from the Department of Revenue before an unused tax 16 credit amount may be sold; prohibiting the Department 17 of Revenue from unreasonably withholding approval to 18 sell or transfer an unused tax credit amount; 19 requiring that a party to a sale or assignment file 20 certain information and documents with the department; 21 providing requirements for the use of tax credits sold 22 or assigned; limiting the total amount of tax credits 23 which may be approved by the department in a calendar 24 year; providing that applications for credits may be 25 filed on or after a specified date; requiring that the 26 credits be granted in the order in which applications 27 are received; authorizing the department to adopt 28 rules; amending s. 220.02, F.S.; revising legislative 29 intent to include the research and development tax 30 credit in the ordered list according to which credits 31 against corporate income tax or franchise tax are 32 applied; providing for application; providing an 33 effective date. 34 35 WHEREAS, research and development has become the underlying 36 source of wealth in the 21st century by generating ideas and 37 technologies that encourage productivity and economic growth, 38 and 39 WHEREAS, corporations generate the main body of growth 40 stimulating innovations, and 41 WHEREAS, research and development tax credits provide 42 incentives for corporate research and development beyond 43 expected levels, and 44 WHEREAS, research shows that the federal research and 45 development tax credit is an effective tool for stimulating 46 additional research and development, which, in turn, leads to 47 faster economic growth, and 48 WHEREAS, state research and development tax credit programs 49 are nearly as important to corporate research and development as 50 the federal research and development tax credit program, and 51 WHEREAS, the typical state research and development tax 52 credit program increases general, corporate-funded research and 53 development within a state, often enhancing the state’s 54 competitiveness by enabling a state to draw research and 55 development activity away from other states, and 56 WHEREAS, this state needs a state research and development 57 tax credit program to ensure economic competitiveness, and 58 WHEREAS, more than one-half of the states in this nation 59 have a research and development tax credit program, and 60 WHEREAS, Florida lags behind the rest of the nation in 61 important corporate research and development activities because 62 the state does not have a research and development tax credit, 63 and 64 WHEREAS, the Legislature must create a research and 65 development tax credit in order to encourage corporate research 66 and development activity within this state, level the playing 67 field with the state’s regional and national economic 68 competitors, support the state’s vibrant innovation economy, and 69 attract high-wage, professional research jobs to this state, 70 NOW, THEREFORE, 71 72 Be It Enacted by the Legislature of the State of Florida: 73 74 Section 1. Section 220.194, Florida Statutes, is created to 75 read: 76 220.194 Research and development tax credit.— 77 (1) DEFINITIONS.—As used in this section, the term: 78 (a) “Base amount” means the business enterprise’s qualified 79 research expenses in this state allowed under 26 U.S.C. s. 41 80 divided by the number of complete taxable years in the base 81 period immediately preceding the taxable year for which the 82 credit is being determined. The qualified research expenses 83 taken into account in computing the base amount shall be 84 determined on a basis consistent with the determination of 85 qualified research expenses for the credit year. 86 (b) “Base period” means the 4 taxable years preceding the 87 taxable year for which the credit is being determined, or the 88 number of complete taxable years the business enterprise has 89 been in existence, whichever is shorter. 90 (c) “Business enterprise” means any corporation as defined 91 in s. 220.03 which is also a target industry business as defined 92 in or pursuant to s. 288.106(1)(o). 93 (d) “Qualified research expenses” mean research expenses 94 qualifying for the credit under 26 U.S.C. s. 41 for in-house 95 research expenses incurred in this state or contract research 96 expenses incurred in this state. The term does not include 97 research conducted outside this state or expenses for research 98 that does not qualify for a credit under 26 U.S.C. s. 41. 99 (2) TAX CREDIT.—Subject to the limitations contained in 100 paragraph (e), a business enterprise is eligible for a credit 101 against the tax imposed by this chapter if the business 102 enterprise incurred qualified research expenses in this state in 103 the taxable year which exceed the base amount and, for the same 104 taxable year, claims and is allowed a research credit for such 105 qualified research expenses under 26 U.S.C. s. 41. 106 (a) The tax credit shall be 10 percent of the excess 107 qualified research expenses over the base amount. However, the 108 maximum tax credit for a business enterprise that has not been 109 in existence for at least 4 taxable years is reduced by 25 110 percent for each complete taxable year for which the business 111 enterprise, or a predecessor corporation that was a business 112 enterprise, did not exist during the base period. 113 (b) The credit taken in any single tax year may not exceed 114 50 percent of the business enterprise’s remaining net income tax 115 liability under this chapter after all other credits have been 116 applied in the order specified in s. 220.02(8). 117 (c) Any unused credit authorized under this section may be 118 carried forward and claimed by the taxpayer for up to 5 years 119 following the close of the taxable year in which the qualified 120 research expenses are incurred. 121 (d) Upon prior approval by the department, any unused 122 credit authorized pursuant to this section may be assigned or 123 sold to another business enterprise if a claim for the credit 124 has not been filed within 1 calendar year following the date on 125 which the department approved the credit. The business 126 enterprise selling the tax credit and the purchaser or assignee 127 must file an application, waivers of confidentiality, and 128 affidavits to transfer the credit on a form provided by the 129 department. The department may not unreasonably withhold such 130 approval. The purchaser or assignee must use the tax credit in 131 the taxable year in which the purchase or assignment of the 132 credit is made. The transfer or purchase of any amount of the 133 tax credit must be exchanged for at least 75 percent of the 134 value of the credit. 135 (e) The combined total amount of tax credits which may be 136 granted to and approved for all business enterprises under this 137 section during any calendar year is $15 million. Applications 138 may be filed with the department on or after March 20 for 139 qualified research expenses incurred within the preceding 140 calendar year, and credits shall be granted in the order in 141 which completed applications are received. 142 (3) RULES.—The department may adopt rules to administer 143 this section, including, but not limited to, rules prescribing 144 forms, application procedures and dates, and notification or 145 other procedures for the sale or assignment of a credit, and may 146 establish guidelines for making an affirmative showing of 147 qualification for a credit and any evidence needed to 148 substantiate a claim for credit under this section. 149 Section 2. Subsection (8) of section 220.02, Florida 150 Statutes, is amended to read: 151 220.02 Legislative intent.— 152 (8) It is the intent of the Legislature that credits 153 against either the corporate income tax or the franchise tax be 154 applied in the following order: those enumerated in s. 631.828, 155 those enumerated in s. 220.191, those enumerated in s. 220.181, 156 those enumerated in s. 220.183, those enumerated in s. 220.182, 157 those enumerated in s. 220.1895, those enumerated in s. 221.02, 158 those enumerated in s. 220.184, those enumerated in s. 220.186, 159 those enumerated in s. 220.1845, those enumerated in s. 220.19, 160 those enumerated in s. 220.185, those enumerated in s. 220.1875, 161 those enumerated in s. 220.192, those enumerated in s. 220.193, 162 those enumerated in s. 288.9916, those enumerated in s. 163 220.1899,andthose enumerated in s. 220.1896, and those 164 enumerated in s. 220.194. 165 Section 3. This act shall take effect July 1, 2011, and is 166 effective for tax years beginning on or after January 1, 2012.