Florida Senate - 2014                              CS for SB 110
       
       
        
       By the Committee on Military and Veterans Affairs, Space, and
       Domestic Security; and Senators Soto, Sachs, and Abruzzo
       
       
       
       
       583-00802-14                                           2014110c1
    1                        A bill to be entitled                      
    2         An act relating to taxes on businesses; creating s.
    3         220.197, F.S.; providing a short title; establishing a
    4         tax credit for the hiring of veterans; providing
    5         eligibility requirements; establishing an additional
    6         credit for the hiring of disabled veterans; providing
    7         an application process; providing a cap on the total
    8         amount of tax credits allowed per year; authorizing
    9         the Department of Revenue to adopt rules; authorizing
   10         the department to establish guidelines for qualifying
   11         credits; providing for expiration of the tax credits;
   12         providing applicability; amending s. 220.02, F.S.;
   13         revising the order in which credits against the
   14         corporate income tax or franchise tax may be taken to
   15         include the hiring of veterans; amending s. 220.13,
   16         F.S.; revising the term “adjusted federal income” to
   17         include certain tax credits taken relating to the
   18         hiring of veterans; authorizing the executive director
   19         of the department to adopt emergency rules; providing
   20         for time of effect of emergency rules and for the
   21         expiration of such rule authority; providing an
   22         effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Section 220.197, Florida Statutes, is created to
   27  read:
   28         220.197 Tax credit for employment of veterans.—
   29         (1) This section may be cited as the “Florida Veterans
   30  Employment Act.”
   31         (2) A business qualifies for a one-time credit against the
   32  tax imposed by this chapter in the amount of $5,000 per
   33  individual for hiring a veteran, as defined in s. 1.01, after
   34  the business has paid $5,000 in gross salary to the veteran.
   35  Veterans for whom the credit is claimed must first begin
   36  employment in the operations of the qualifying business on or
   37  after January 1, 2015, and perform duties in connection with the
   38  operations of the business for an average of at least 36 hours
   39  per week. Veterans who have been previously employed by the
   40  qualifying business or any other member of the same controlled
   41  group of corporations of which the qualifying business is a
   42  member may not be claimed for the tax credit. As used in this
   43  section, the term “controlled group of corporations” has the
   44  same meaning as provided in 26 U.S.C. s. 1563(a).
   45         (3) A qualifying business is eligible for an additional
   46  one-time credit against the tax imposed by this chapter in the
   47  amount of $5,000 per individual for hiring a veteran, as defined
   48  in s. 1.01, after the business has paid an additional $5,000 in
   49  gross salary to the veteran if such veteran has an official
   50  letter from the United States Department of Veterans Affairs
   51  stating that he or she has a service-connected disability.
   52         (4) In order to claim a tax credit under this section, a
   53  qualifying business must submit an application and receive
   54  approval from the department to claim the credit. Applications
   55  for credit under subsection (3) must include a copy of the
   56  veteran’s official letter from the United States Department of
   57  Veterans Affairs stating that the veteran has a service
   58  connected disability. Qualified applicants shall be approved on
   59  a first-come, first-served basis, based on the date the
   60  completed application is received by the department. The
   61  department may not accept an incomplete application as a
   62  placeholder for the completed application, and the submission of
   63  such incomplete application does not secure a place in the
   64  first-come, first-served approval process.
   65         (5) The department may not approve more than $10 million in
   66  tax credits per calendar year pursuant to this section.
   67         (6) The department may adopt rules governing the manner and
   68  form of application for the tax credits. The department may
   69  establish guidelines for making an affirmative showing of
   70  qualification for the tax credits under this section.
   71         (5) This section expires December 31, 2019. However, a
   72  qualifying business may carry forward any unused credit for up
   73  to 2 taxable years after the year the credit is earned.
   74         (6) This section applies to taxable years beginning on or
   75  after January 1, 2015.
   76         Section 2. Subsection (8) of section 220.02, Florida
   77  Statutes, is amended to read:
   78         220.02 Legislative intent.—
   79         (8) It is the intent of the Legislature that credits
   80  against either the corporate income tax or the franchise tax be
   81  applied in the following order: those enumerated in s. 631.828,
   82  those enumerated in s. 220.191, those enumerated in s. 220.181,
   83  those enumerated in s. 220.183, those enumerated in s. 220.182,
   84  those enumerated in s. 220.1895, those enumerated in s. 220.195,
   85  those enumerated in s. 220.184, those enumerated in s. 220.186,
   86  those enumerated in s. 220.1845, those enumerated in s. 220.19,
   87  those enumerated in s. 220.185, those enumerated in s. 220.1875,
   88  those enumerated in s. 220.192, those enumerated in s. 220.193,
   89  those enumerated in s. 288.9916, those enumerated in s.
   90  220.1899, those enumerated in s. 220.194, and those enumerated
   91  in s. 220.196, and those enumerated in s. 220.197.
   92         Section 3. Paragraph (a) of subsection (1) of section
   93  220.13, Florida Statutes, is amended to read:
   94         220.13 “Adjusted federal income” defined.—
   95         (1) The term “adjusted federal income” means an amount
   96  equal to the taxpayer’s taxable income as defined in subsection
   97  (2), or such taxable income of more than one taxpayer as
   98  provided in s. 220.131, for the taxable year, adjusted as
   99  follows:
  100         (a) Additions.—There shall be added to such taxable income:
  101         1. The amount of any tax upon or measured by income,
  102  excluding taxes based on gross receipts or revenues, paid or
  103  accrued as a liability to the District of Columbia or any state
  104  of the United States which is deductible from gross income in
  105  the computation of taxable income for the taxable year.
  106         2. The amount of interest which is excluded from taxable
  107  income under s. 103(a) of the Internal Revenue Code or any other
  108  federal law, less the associated expenses disallowed in the
  109  computation of taxable income under s. 265 of the Internal
  110  Revenue Code or any other law, excluding 60 percent of any
  111  amounts included in alternative minimum taxable income, as
  112  defined in s. 55(b)(2) of the Internal Revenue Code, if the
  113  taxpayer pays tax under s. 220.11(3).
  114         3. In the case of a regulated investment company or real
  115  estate investment trust, an amount equal to the excess of the
  116  net long-term capital gain for the taxable year over the amount
  117  of the capital gain dividends attributable to the taxable year.
  118         4. That portion of the wages or salaries paid or incurred
  119  for the taxable year which is equal to the amount of the credit
  120  allowable for the taxable year under s. 220.181. This
  121  subparagraph expires shall expire on the date specified in s.
  122  290.016 for the expiration of the Florida Enterprise Zone Act.
  123         5. That portion of the ad valorem school taxes paid or
  124  incurred for the taxable year which is equal to the amount of
  125  the credit allowable for the taxable year under s. 220.182. This
  126  subparagraph expires shall expire on the date specified in s.
  127  290.016 for the expiration of the Florida Enterprise Zone Act.
  128         6. The amount taken as a credit under s. 220.195 which is
  129  deductible from gross income in the computation of taxable
  130  income for the taxable year.
  131         7. That portion of assessments to fund a guaranty
  132  association incurred for the taxable year which is equal to the
  133  amount of the credit allowable for the taxable year.
  134         8. In the case of a nonprofit corporation that which holds
  135  a pari-mutuel permit and which is exempt from federal income tax
  136  as a farmers’ cooperative, an amount equal to the excess of the
  137  gross income attributable to the pari-mutuel operations over the
  138  attributable expenses for the taxable year.
  139         9. The amount taken as a credit for the taxable year under
  140  s. 220.1895.
  141         10. Up to nine percent of the eligible basis of any
  142  designated project which is equal to the credit allowable for
  143  the taxable year under s. 220.185.
  144         11. The amount taken as a credit for the taxable year under
  145  s. 220.1875. The addition in this subparagraph is intended to
  146  ensure that the same amount is not allowed for the tax purposes
  147  of this state as both a deduction from income and a credit
  148  against the tax. This addition is not intended to result in
  149  adding the same expense back to income more than once.
  150         12. The amount taken as a credit for the taxable year under
  151  s. 220.192.
  152         13. The amount taken as a credit for the taxable year under
  153  s. 220.193.
  154         14. Any portion of a qualified investment, as defined in s.
  155  288.9913, which is claimed as a deduction by the taxpayer and
  156  taken as a credit against income tax pursuant to s. 288.9916.
  157         15. The costs to acquire a tax credit pursuant to s.
  158  288.1254(5) which that are deducted from or otherwise reduce
  159  federal taxable income for the taxable year.
  160         16. The amount taken as a credit for the taxable year under
  161  pursuant to s. 220.194.
  162         17. The amount taken as a credit for the taxable year under
  163  s. 220.196. The addition in this subparagraph is intended to
  164  ensure that the same amount is not allowed for the tax purposes
  165  of this state as both a deduction from income and a credit
  166  against the tax. The addition is not intended to result in
  167  adding the same expense back to income more than once.
  168         18. The amount taken as a credit for the taxable year under
  169  s. 220.197.
  170         Section 4. Emergency rules.—
  171         (1) The executive director of the Department of Revenue is
  172  authorized, and all conditions are deemed to be met, to adopt
  173  emergency rules pursuant to ss. 120.536(1) and 120.54(4),
  174  Florida Statutes, for the purpose of implementing this act.
  175         (2) Notwithstanding any other provision of law, the
  176  emergency rules adopted pursuant to subsection (1) remain in
  177  effect for 6 months after adoption and may be renewed during the
  178  pendency of procedures to adopt permanent rules addressing the
  179  subject of the emergency rules.
  180         (3) This section expires July 1, 2015.
  181         Section 5. This act shall take effect July 1, 2014.