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.