Florida Senate - 2014                                    SB 1422
       
       
        
       By Senator Ring
       
       
       
       
       
       29-01004-14                                           20141422__
    1                        A bill to be entitled                      
    2         An act relating to taxes; amending s. 212.031, F.S.;
    3         exempting from tax certain separately stated charges
    4         imposed on a lessee or licensee, respectively, of
    5         leased or licensed premises; amending ss. 212.097 and
    6         212.098, F.S.; authorizing businesses that receive tax
    7         credits under the Urban High-Crime Area Job Tax Credit
    8         Program or the Rural Job Tax Credit Program to
    9         transfer the credits to other businesses; providing
   10         limitations on the use of transferred tax credits;
   11         providing requirements for the transfer of the tax
   12         credits; amending s. 288.106, F.S.; authorizing a
   13         qualified target industry business to sell, assign,
   14         exchange, convey, or otherwise transfer certain tax
   15         credits; specifying conditions under which a qualified
   16         target industry business may carry forward certain tax
   17         credits; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsection (10) is added to section 212.031,
   22  Florida Statutes, to read:
   23         212.031 Tax on rental or license fee for use of real
   24  property.—
   25         (10) Separately stated charges imposed by a convention
   26  hall, exhibition hall, auditorium, stadium, theater, arena,
   27  civic center, performing arts center, or publicly owned
   28  recreational facility upon a lessee or licensee for food, drink,
   29  or services that are required or available in connection with a
   30  lease or license to use real property, including charges for
   31  advertising and credit card processing and for laborers,
   32  stagehands, ticket takers, event staff, security personnel,
   33  cleaning staff, and other event-related personnel, are exempt
   34  from the tax imposed by this section.
   35         Section 2. Subsection (16) is added to section 212.097,
   36  Florida Statutes, to read:
   37         212.097 Urban High-Crime Area Job Tax Credit Program.—
   38         (16) A business that receives a credit under this section
   39  may assign or transfer the credit, or any portion thereof, to
   40  another business. A business receiving the transferred or
   41  assigned credit may use the credit only in the year received,
   42  and the credit may not be carried forward or backward. To
   43  perfect the transfer, the transferor shall provide the
   44  department with a written transfer statement notifying the
   45  department of the transferor’s intent to transfer the tax credit
   46  to the transferee; the date that the transfer is effective; the
   47  transferee’s name, address, and federal taxpayer identification
   48  number; the tax period; and the amount of the tax credit to be
   49  transferred. The department shall, upon receipt of a transfer
   50  statement conforming to the requirements of this subsection,
   51  provide the transferee with a certificate reflecting the tax
   52  credit amount transferred. A copy of the certificate must be
   53  attached to each tax return for which the transferee seeks to
   54  apply the tax credit.
   55         Section 3. Subsection (12) is added to section 212.098,
   56  Florida Statutes, to read:
   57         212.098 Rural Job Tax Credit Program.—
   58         (12) A business that receives a credit under this section
   59  may assign or transfer the credit, or any portion thereof, to
   60  another business. A business receiving the transferred or
   61  assigned credit may use the credit only in the year received,
   62  and the credit may not be carried forward or backward. To
   63  perfect the transfer, the transferor shall provide the
   64  department with a written transfer statement notifying the
   65  department of the transferor’s intent to transfer the tax credit
   66  to the transferee; the date that the transfer is effective; the
   67  transferee’s name, address, and federal taxpayer identification
   68  number; the tax period; and the amount of the tax credit to be
   69  transferred. The department shall, upon receipt of a transfer
   70  statement conforming to the requirements of this subsection,
   71  provide the transferee with a certificate reflecting the tax
   72  credit amount transferred. A copy of the certificate must be
   73  attached to each tax return for which the transferee seeks to
   74  apply the tax credit.
   75         Section 4. Paragraph (j) is added to subsection (6) of
   76  section 288.106, Florida Statutes, to read:
   77         288.106 Tax refund program for qualified target industry
   78  businesses.—
   79         (6) ANNUAL CLAIM FOR REFUND.—
   80         (j) If a tax credit approved under subsection (4) is not
   81  fully used within the specified state fiscal year, a qualified
   82  target industry business may:
   83         1. Sell, assign, exchange, convey, or otherwise transfer
   84  tax credits allowed under this section; or
   85         2. Carry forward an unused amount for up to 5 years after
   86  the date the credit is awarded if the business submits an
   87  application to the department in the year that it intends to use
   88  the credit and the department approves the application.
   89         Section 5. This act shall take effect July 1, 2014.