Florida Senate - 2013                                     SB 450
       
       
       
       By Senator Soto
       
       
       
       
       14-00702-13                                            2013450__
    1                        A bill to be entitled                      
    2         An act relating to economic development; creating s.
    3         220.1945, F.S.; providing definitions; providing tax
    4         credits for use by a corporation against the state
    5         corporate income tax in an amount equal to a specified
    6         percentage of the corporation’s payments to a small
    7         business providing goods or services to the
    8         corporation pursuant to a contract; providing
    9         qualification criteria; requiring a business to submit
   10         an application to the Department of Economic
   11         Opportunity for approval to earn credits; providing
   12         application requirements; providing procedures and
   13         requirements for department approval; specifying the
   14         amount of the tax credit; prohibiting tax credits from
   15         being carried forward or backward or being transferred
   16         or sold; providing criminal and administrative
   17         penalties for fraudulently claiming tax credits;
   18         authorizing the Department of Economic Opportunity and
   19         the Department of Revenue to adopt rules; amending s.
   20         220.02, F.S.; revising the order in which credits
   21         against the corporate income tax or franchise tax may
   22         be taken to include certain credits relating to a
   23         corporation’s execution of a business contract with a
   24         small business; amending s. 220.13, F.S.; redefining
   25         the term “adjusted federal income” to include the
   26         amount of such tax credits; providing an effective
   27         date.
   28  
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Section 220.1945, Florida Statutes, is created
   32  to read:
   33         220.1945 Corporate tax credit for corporations contracting
   34  with small businesses.—
   35         (1) For the purposes of the credit provided in this
   36  section, the term:
   37         (a) “Business contract” means a written agreement between a
   38  corporation and a small business.
   39         (b) “Corporation” means a business that employs 300 or more
   40  full-time employees in this state, not including a financial
   41  organization as defined in s. 220.15(6) or a bank, savings
   42  association, international banking facility, or banking
   43  organization as defined in s. 220.62.
   44         (c) “Department” means the Department of Economic
   45  Opportunity.
   46         (d) “Job” means a full-time position as consistent with
   47  terms used by the Department of Economic Opportunity and the
   48  United States Department of Labor for purposes of unemployment
   49  compensation tax administration and employment estimation
   50  resulting directly from a business operation in this state.
   51         (e) “New employee” means a person who begins a full-time
   52  job within a small business but does not include any person who
   53  has been employed during the preceding 12 months in a full-time
   54  job within the small business.
   55         (f)1. “Small business” means a business that employs 25 or
   56  fewer full-time employees in the state and 25 or fewer full-time
   57  employees outside of the state.
   58         2. A business that initially qualifies as a small business
   59  under subparagraph 1. remains qualified as a small business if,
   60  as a result of the business’s fulfillment of the requirements of
   61  subparagraph (3)(c)4., the business employs more than 25 full
   62  time employees.
   63         (2) Upon an affirmative showing by a corporation and a
   64  small business to the satisfaction of the department that the
   65  requirements of this section have been met, the corporation is
   66  eligible for a credit against its corporate income tax liability
   67  under s. 220.11.
   68         (3) In order to qualify for the credits provided in this
   69  section:
   70         (a) A corporation must execute a business contract for the
   71  purchase of goods or services with a small business. The terms
   72  of the business contract must include, but are not limited to,
   73  the following:
   74         1. The corporation must pay at least $100,000 to the small
   75  business for goods or services within 1 year after the business
   76  contract is signed by both the corporation and the small
   77  business.
   78         2. The small business must hire, within 60 days after the
   79  business contract is signed by both the corporation and the
   80  small business, at least two new employees for 1 year.
   81         (b) The corporation and the small business must be
   82  unrelated parties that were not engaged in a contractual
   83  business relationship with each other before July 1, 2013.
   84         (c) The corporation and the small business must file with
   85  the department, within 90 days after the business contract is
   86  signed by both the corporation and the small business, an
   87  application including, but not limited to, the following:
   88         1. A business contract signed by both the corporation and
   89  the small business.
   90         2. The names, addresses of, and salary or hourly wages
   91  paid, to all employees of the small business within the past
   92  year.
   93         3. The names, addresses of, and salary or hourly wages
   94  paid, to any new employees of the small business after the
   95  signing of the business contract by both the corporation and the
   96  small business.
   97         4. Evidence demonstrating to the department that the total
   98  number of jobs at the small business grew by at least two after
   99  the date the business contract was signed by both the
  100  corporation and the small business.
  101         (4) The department shall review the initial application
  102  and, if necessary, notify the corporation and small business of
  103  any omissions and request additional information. An application
  104  is complete upon receipt of all requested information. The
  105  department shall provisionally certify, within 10 working days,
  106  all complete applications containing the information required
  107  under this section. A copy of the provisional certification
  108  shall be transmitted to the executive director of the Department
  109  of Revenue. The department shall also inform the corporation and
  110  the small business in writing within 10 working days after the
  111  date that the department provisionally certifies an application.
  112         (5)(a) Within 60 days after satisfying the terms of the
  113  business contract, the corporation and the small business must
  114  notify the department, in writing, that:
  115         1. All of the conditions required under this section have
  116  been met.
  117         2. The corporation intends to claim the credit authorized
  118  under this section against its corporate income tax liability
  119  under s. 220.11 on the first return due after receipt of final
  120  approval from the department.
  121         (b) It is the responsibility of the corporation and the
  122  small business to affirmatively demonstrate to the satisfaction
  123  of the department that the conditions of this section have been
  124  met.
  125         (6)(a) After final certification by the department, the
  126  corporation may take a credit against its corporate income tax
  127  liability under s. 220.11 equal to 10 percent of the payments
  128  made to the small business during the taxable year under the
  129  terms of the business contract.
  130         (b) A corporation may not claim a tax credit in excess of
  131  its corporate income tax liability under s. 220.11. If the
  132  credit granted under this section is not fully taken in any
  133  single year because of insufficient tax liability on the part of
  134  the corporation, the unused amount may not be carried forward or
  135  backward.
  136         (c) The credits earned under this section may not be sold
  137  or transferred.
  138         (7) Any corporation that fraudulently claims to be
  139  qualified for tax credits under this section commits a
  140  misdemeanor of the second degree, punishable as provided in s.
  141  775.082 or s. 775.083. In addition, the corporation is
  142  administratively liable for repayment of any tax credits
  143  fraudulently taken plus a mandatory penalty of 100 percent of
  144  the credit plus interest at the rate provided in this chapter.
  145         (8) The department and the Department of Revenue may adopt
  146  rules to administer this section.
  147         Section 2. Subsection (8) of section 220.02, Florida
  148  Statutes, is amended to read:
  149         220.02 Legislative intent.—
  150         (8) It is the intent of the Legislature that credits
  151  against either the corporate income tax or the franchise tax be
  152  applied in the following order: those enumerated in s. 631.828,
  153  those enumerated in s. 220.191, those enumerated in s. 220.181,
  154  those enumerated in s. 220.183, those enumerated in s. 220.182,
  155  those enumerated in s. 220.1895, those enumerated in s. 220.195,
  156  those enumerated in s. 220.184, those enumerated in s. 220.186,
  157  those enumerated in s. 220.1845, those enumerated in s. 220.19,
  158  those enumerated in s. 220.185, those enumerated in s. 220.1875,
  159  those enumerated in s. 220.192, those enumerated in s. 220.193,
  160  those enumerated in s. 288.9916, those enumerated in s.
  161  220.1899, those enumerated in s. 220.1896, those enumerated in
  162  s. 220.194, and those enumerated in s. 220.196, and those
  163  enumerated in s. 220.1945.
  164         Section 3. Paragraph (a) of subsection (1) of section
  165  220.13, Florida Statutes, is amended to read:
  166         220.13 “Adjusted federal income” defined.—
  167         (1) The term “adjusted federal income” means an amount
  168  equal to the taxpayer’s taxable income as defined in subsection
  169  (2), or such taxable income of more than one taxpayer as
  170  provided in s. 220.131, for the taxable year, adjusted as
  171  follows:
  172         (a) Additions.—There shall be added to such taxable income:
  173         1. The amount of any tax upon or measured by income,
  174  excluding taxes based on gross receipts or revenues, paid or
  175  accrued as a liability to the District of Columbia or any state
  176  of the United States which is deductible from gross income in
  177  the computation of taxable income for the taxable year.
  178         2. The amount of interest which is excluded from taxable
  179  income under s. 103(a) of the Internal Revenue Code or any other
  180  federal law, less the associated expenses disallowed in the
  181  computation of taxable income under s. 265 of the Internal
  182  Revenue Code or any other law, excluding 60 percent of any
  183  amounts included in alternative minimum taxable income, as
  184  defined in s. 55(b)(2) of the Internal Revenue Code, if the
  185  taxpayer pays tax under s. 220.11(3).
  186         3. In the case of a regulated investment company or real
  187  estate investment trust, an amount equal to the excess of the
  188  net long-term capital gain for the taxable year over the amount
  189  of the capital gain dividends attributable to the taxable year.
  190         4. That portion of the wages or salaries paid or incurred
  191  for the taxable year which is equal to the amount of the credit
  192  allowable for the taxable year under s. 220.181. This
  193  subparagraph shall expire on the date specified in s. 290.016
  194  for the expiration of the Florida Enterprise Zone Act.
  195         5. That portion of the ad valorem school taxes paid or
  196  incurred for the taxable year which is equal to the amount of
  197  the credit allowable for the taxable year under s. 220.182. This
  198  subparagraph shall expire on the date specified in s. 290.016
  199  for the expiration of the Florida Enterprise Zone Act.
  200         6. The amount taken as a credit under s. 220.195 which is
  201  deductible from gross income in the computation of taxable
  202  income for the taxable year.
  203         7. That portion of assessments to fund a guaranty
  204  association incurred for the taxable year which is equal to the
  205  amount of the credit allowable for the taxable year.
  206         8. In the case of a nonprofit corporation which holds a
  207  pari-mutuel permit and which is exempt from federal income tax
  208  as a farmers’ cooperative, an amount equal to the excess of the
  209  gross income attributable to the pari-mutuel operations over the
  210  attributable expenses for the taxable year.
  211         9. The amount taken as a credit for the taxable year under
  212  s. 220.1895.
  213         10. Up to nine percent of the eligible basis of any
  214  designated project which is equal to the credit allowable for
  215  the taxable year under s. 220.185.
  216         11. The amount taken as a credit for the taxable year under
  217  s. 220.1875. The addition in this subparagraph is intended to
  218  ensure that the same amount is not allowed for the tax purposes
  219  of this state as both a deduction from income and a credit
  220  against the tax. This addition is not intended to result in
  221  adding the same expense back to income more than once.
  222         12. The amount taken as a credit for the taxable year under
  223  s. 220.192.
  224         13. The amount taken as a credit for the taxable year under
  225  s. 220.193.
  226         14. Any portion of a qualified investment, as defined in s.
  227  288.9913, which is claimed as a deduction by the taxpayer and
  228  taken as a credit against income tax pursuant to s. 288.9916.
  229         15. The costs to acquire a tax credit pursuant to s.
  230  288.1254(5) that are deducted from or otherwise reduce federal
  231  taxable income for the taxable year.
  232         16. The amount taken as a credit for the taxable year
  233  pursuant to s. 220.194.
  234         17. The amount taken as a credit for the taxable year under
  235  s. 220.196. The addition in this subparagraph is intended to
  236  ensure that the same amount is not allowed for the tax purposes
  237  of this state as both a deduction from income and a credit
  238  against the tax. The addition is not intended to result in
  239  adding the same expense back to income more than once.
  240         18. The amount taken as a credit for the taxable year
  241  pursuant to s. 220.1945.
  242         Section 4. This act shall take effect January 1, 2014.