Florida Senate - 2014                                      SB 80
       
       
        
       By Senator Soto
       
       
       
       
       
       14-00030-14                                             201480__
    1                        A bill to be entitled                      
    2         An act relating to economic development; creating s.
    3         220.1945, F.S.; providing definitions; providing a
    4         corporate tax credit against the state corporate
    5         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 the corporation and
   10         business to submit an application to the Department of
   11         Economic Opportunity for approval to earn credits;
   12         providing application requirements; providing
   13         procedures and requirements for department approval;
   14         specifying the amount of the tax credit; prohibiting
   15         tax credits from being carried forward or backward or
   16         being transferred or sold; providing criminal and
   17         administrative penalties for fraudulently claiming tax
   18         credits; authorizing the Department of Economic
   19         Opportunity and the Department of Revenue to adopt
   20         rules; amending s. 220.02, F.S.; revising the order in
   21         which credits against the corporate income tax or
   22         franchise tax may be taken to include certain credits
   23         relating to a corporation’s execution of a business
   24         contract with a small business; amending s. 220.13,
   25         F.S.; redefining the term “adjusted federal income” to
   26         include the amount of such tax credits; providing an
   27         effective 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) As used in this section, the term:
   36         (a) “Business contract” means a written agreement between a
   37  corporation and a small business.
   38         (b) “Corporation” means a business that employs 300 or more
   39  full-time employees in this state, not including a financial
   40  organization as defined in s. 220.15(6) or a bank, savings
   41  association, international banking facility, or banking
   42  organization as defined in s. 220.62.
   43         (c) “Department” means the Department of Economic
   44  Opportunity.
   45         (d) “Job” means a full-time position consistent with terms
   46  used by the department and the United States Department of Labor
   47  for purposes of unemployment compensation tax administration and
   48  employment estimation resulting directly from a business
   49  operation in this state.
   50         (e) “New employee” means a person who begins a full-time
   51  job in a small business but does not include any person who has
   52  been employed during the preceding 12 months in a full-time job
   53  in the small business.
   54         (f) “Small business” means a business that:
   55         1. Employs 25 or fewer full-time employees in this state
   56  and 25 or fewer full-time employees outside of this state; or
   57         2. Initially qualifies as a small business under
   58  subparagraph 1. but, as a result of the business’s fulfillment
   59  of the requirements of subparagraph (3)(c)4., now employs more
   60  than 25 full-time employees in this state.
   61         (2) Upon an affirmative showing by a corporation and a
   62  small business to the satisfaction of the department that the
   63  requirements of this section have been met, the corporation is
   64  eligible for a credit against its corporate income tax liability
   65  under s. 220.11.
   66         (3) In order to qualify for the credits provided under this
   67  section:
   68         (a) A corporation must execute a business contract for the
   69  purchase of goods or services with a small business. The terms
   70  of the contract must include, but are not limited to, a
   71  requirement that:
   72         1. The corporation pay at least $100,000 to the small
   73  business for goods or services within 1 year after the business
   74  contract is signed by both the corporation and the small
   75  business; and
   76         2. The small business, within 60 days after the business
   77  contract is signed by both the corporation and the small
   78  business, hire at least two new employees for 1 year.
   79         (b) The corporation and the small business must be
   80  unrelated parties that were not engaged in a contractual
   81  business relationship with each other before July 1, 2014.
   82         (c) Within 90 days after the business contract is signed by
   83  both the corporation and the small business, the corporation and
   84  the small business files an application with the department that
   85  includes, but is not limited to, the following:
   86         1. The business contract signed by both the corporation and
   87  the small business.
   88         2. The names and addresses of, and salary or hourly wages
   89  paid to, all employees of the small business within the past
   90  year.
   91         3. The names and addresses of, and salary or hourly wages
   92  paid to, any new employees of the small business after the
   93  signing of the business contract by both the corporation and the
   94  small business.
   95         4. Evidence demonstrating to the department that the total
   96  number of jobs at the small business grew by at least two after
   97  the date the business contract was signed by both the
   98  corporation and the small business.
   99         (4) The department shall review the initial application
  100  and, if necessary, notify the corporation and small business of
  101  any omissions and request additional information. An application
  102  is complete upon receipt of all requested information. The
  103  department shall provisionally certify all complete applications
  104  containing the information required under this section within 10
  105  working days. A copy of the provisional certification shall be
  106  transmitted to the executive director of the Department of
  107  Revenue. The department shall also inform the corporation and
  108  the small business in writing within 10 working days after the
  109  date that the department provisionally certifies an application.
  110         (5) Within 60 days after satisfying the terms of the
  111  business contract, the corporation and the small business must
  112  notify the department, in writing, that:
  113         (a) All of the conditions required under this section have
  114  been met. It is the responsibility of the corporation and the
  115  small business to affirmatively demonstrate to the satisfaction
  116  of the department that the conditions of this section have been
  117  met.
  118         (b) The corporation intends to claim the credit authorized
  119  under this section against its corporate income tax liability
  120  under s. 220.11 on the first return due after receipt of final
  121  approval from the department.
  122         (6) After final certification by the department, the
  123  corporation may take a credit against its corporate income tax
  124  liability under s. 220.11 equal to 10 percent of the payments
  125  made to the small business during the taxable year under the
  126  terms of the business contract.
  127         (a) A corporation may not claim a tax credit in excess of
  128  its corporate income tax liability under s. 220.11. If the
  129  credit granted under this section is not fully taken in any
  130  single year because of insufficient tax liability on the part of
  131  the corporation, the unused amount may not be carried forward or
  132  backward.
  133         (b) The credits earned under this section may not be sold
  134  or transferred.
  135         (7) A corporation that fraudulently claims to be qualified
  136  for tax credits under this section commits a misdemeanor of the
  137  second degree, punishable as provided in s. 775.082 or s.
  138  775.083. The corporation is also administratively liable for
  139  repayment of any tax credits fraudulently taken plus a mandatory
  140  penalty of 100 percent of the credit plus interest at the rate
  141  provided under this chapter.
  142         (8) The department and the Department of Revenue may adopt
  143  rules to administer this section.
  144         Section 2. Subsection (8) of section 220.02, Florida
  145  Statutes, is amended to read:
  146         220.02 Legislative intent.—
  147         (8) It is the intent of the Legislature that credits
  148  against either the corporate income tax or the franchise tax be
  149  applied in the following order: those enumerated in s. 631.828,
  150  those enumerated in s. 220.191, those enumerated in s. 220.181,
  151  those enumerated in s. 220.183, those enumerated in s. 220.182,
  152  those enumerated in s. 220.1895, those enumerated in s. 220.195,
  153  those enumerated in s. 220.184, those enumerated in s. 220.186,
  154  those enumerated in s. 220.1845, those enumerated in s. 220.19,
  155  those enumerated in s. 220.185, those enumerated in s. 220.1875,
  156  those enumerated in s. 220.192, those enumerated in s. 220.193,
  157  those enumerated in s. 288.9916, those enumerated in s.
  158  220.1899, those enumerated in s. 220.194, those enumerated in s.
  159  220.1945, and those enumerated in s. 220.196.
  160         Section 3. Paragraph (a) of subsection (1) of section
  161  220.13, Florida Statutes, is amended to read:
  162         220.13 “Adjusted federal income” defined.—
  163         (1) The term “adjusted federal income” means an amount
  164  equal to the taxpayer’s taxable income as defined in subsection
  165  (2), or such taxable income of more than one taxpayer as
  166  provided in s. 220.131, for the taxable year, adjusted as
  167  follows:
  168         (a) Additions.—There shall be added to such taxable income:
  169         1. The amount of any tax upon or measured by income,
  170  excluding taxes based on gross receipts or revenues, paid or
  171  accrued as a liability to the District of Columbia or any state
  172  of the United States which is deductible from gross income in
  173  the computation of taxable income for the taxable year.
  174         2. The amount of interest which is excluded from taxable
  175  income under s. 103(a) of the Internal Revenue Code or any other
  176  federal law, less the associated expenses disallowed in the
  177  computation of taxable income under s. 265 of the Internal
  178  Revenue Code or any other law, excluding 60 percent of any
  179  amounts included in alternative minimum taxable income, as
  180  defined in s. 55(b)(2) of the Internal Revenue Code, if the
  181  taxpayer pays tax under s. 220.11(3).
  182         3. In the case of a regulated investment company or real
  183  estate investment trust, an amount equal to the excess of the
  184  net long-term capital gain for the taxable year over the amount
  185  of the capital gain dividends attributable to the taxable year.
  186         4. That portion of the wages or salaries paid or incurred
  187  for the taxable year which is equal to the amount of the credit
  188  allowable for the taxable year under s. 220.181. This
  189  subparagraph expires shall expire on the date specified in s.
  190  290.016 for the expiration of the Florida Enterprise Zone Act.
  191         5. That portion of the ad valorem school taxes paid or
  192  incurred for the taxable year which is equal to the amount of
  193  the credit allowable for the taxable year under s. 220.182. This
  194  subparagraph expires shall expire on the date specified in s.
  195  290.016 for the expiration of the Florida Enterprise Zone Act.
  196         6. The amount taken as a credit under s. 220.195 which is
  197  deductible from gross income in the computation of taxable
  198  income for the taxable year.
  199         7. That portion of assessments to fund a guaranty
  200  association incurred for the taxable year which is equal to the
  201  amount of the credit allowable for the taxable year.
  202         8. In the case of a nonprofit corporation that which holds
  203  a pari-mutuel permit and which is exempt from federal income tax
  204  as a farmers’ cooperative, an amount equal to the excess of the
  205  gross income attributable to the pari-mutuel operations over the
  206  attributable expenses for the taxable year.
  207         9. The amount taken as a credit for the taxable year under
  208  s. 220.1895.
  209         10. Up to nine percent of the eligible basis of any
  210  designated project which is equal to the credit allowable for
  211  the taxable year under s. 220.185.
  212         11. The amount taken as a credit for the taxable year under
  213  s. 220.1875. The addition in this subparagraph is intended to
  214  ensure that the same amount is not allowed for the tax purposes
  215  of this state as both a deduction from income and a credit
  216  against the tax. This addition is not intended to result in
  217  adding the same expense back to income more than once.
  218         12. The amount taken as a credit for the taxable year under
  219  s. 220.192.
  220         13. The amount taken as a credit for the taxable year under
  221  s. 220.193.
  222         14. Any portion of a qualified investment, as defined in s.
  223  288.9913, which is claimed as a deduction by the taxpayer and
  224  taken as a credit against income tax pursuant to s. 288.9916.
  225         15. The costs to acquire a tax credit pursuant to s.
  226  288.1254(5) which that are deducted from or otherwise reduce
  227  federal taxable income for the taxable year.
  228         16. The amount taken as a credit for the taxable year under
  229  pursuant to s. 220.194.
  230         17. The amount taken as a credit for the taxable year under
  231  s. 220.196. The addition in this subparagraph is intended to
  232  ensure that the same amount is not allowed for the tax purposes
  233  of this state as both a deduction from income and a credit
  234  against the tax. The addition is not intended to result in
  235  adding the same expense back to income more than once.
  236         18. The amount taken as a credit for the taxable year under
  237  s. 220.1945.
  238         Section 4. This act shall take effect July 1, 2014.