Florida Senate - 2015 SB 128 By Senator Soto 14-00031-15 2015128__ 1 A bill to be entitled 2 An act relating to a new small business tax credit; 3 creating s. 220.197, F.S.; defining terms; providing a 4 tax credit to new small businesses in a specified 5 amount for qualified employees; limiting the total 6 amount of tax credit that may be taken as a deduction; 7 prohibiting receipt of the tax credit through a refund 8 of taxes previously paid; requiring a business to 9 apply to the Department of Revenue for tax credit 10 approval; providing application requirements; 11 requiring the department to provide notice of approval 12 or of insufficiencies identified in the application 13 within a specified period; authorizing an applicant to 14 reapply if an application is deemed insufficient; 15 authorizing an unused amount of tax credit to be 16 carried forward for a specified period under certain 17 circumstances; authorizing the department to adopt 18 rules; amending ss. 220.02 and 220.13, F.S.; 19 conforming provisions to changes made by the act; 20 making technical corrections; providing an effective 21 date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Section 220.197, Florida Statutes, is created to 26 read: 27 220.197 New small business tax credit.— 28 (1) As used in this section, the term: 29 (a) “New small business” or “business” means a taxpayer 30 that: 31 1. Employs fewer than 15 qualified employees at a site 32 located in this state; and 33 2. Has conducted an activity that is taxable under this 34 chapter for 24 months or less. 35 (b) “Qualified employee” means an individual employed by 36 the business to perform duties in connection with the activities 37 of the business for an average of at least 36 hours per week for 38 at least 3 months. 39 (2) A new small business may qualify for a tax credit under 40 this section only once. If qualified, the business shall receive 41 a $1,500 credit against any tax due under this chapter for each 42 qualified employee, up to a maximum total credit of $21,000. The 43 credit may only be taken as a deduction on a corporate income 44 tax return and may not be received through a refund of taxes 45 previously paid. 46 (3) In order to qualify for a credit under this section, a 47 business must apply to the department for approval by completing 48 the department’s application form. An application for a credit 49 must include all information required by the department to 50 verify the applicant’s status as a new small business. 51 (4) Within 15 business days after receipt of the 52 application, the department shall notify the applicant in 53 writing as to whether the application has been approved or 54 deemed insufficient to support the credit. The department shall 55 identify any insufficiency in the written notice. If the 56 application is deemed insufficient, the applicant may reapply 57 for the credit within 90 calendar days after its receipt of the 58 written notice. 59 (5) If the credit approved under this section is not fully 60 used in a taxable year, the unused amount may be carried forward 61 for 1 taxable year. The carryover credit may be used if the tax 62 imposed by this chapter for such taxable year exceeds the credit 63 under this section after applying other credits and unused 64 credit carryovers in the order provided in s. 220.02(8). 65 (6) The department may adopt rules to administer this 66 section. 67 Section 2. Subsection (8) of section 220.02, Florida 68 Statutes, is amended to read: 69 220.02 Legislative intent.— 70 (8) TheIt is the intent of the Legislature thatcredits 71 againsteitherthe corporate income tax orthefranchise tax 72 under the following sections shall be applied in the following 73 order of priority:those enumerated ins. 631.828,those74enumerated ins. 220.191,those enumerated ins. 220.181,those75enumerated ins. 220.183,those enumerated ins. 220.182,those76enumerated ins. 220.1895,those enumerated ins. 220.195,those77enumerated ins. 220.184,those enumerated ins. 220.186,those78enumerated ins. 220.1845,those enumerated ins. 220.19,those79enumerated ins. 220.185,those enumerated ins. 220.1875,those80enumerated ins. 220.192,those enumerated ins. 220.193,those81enumerated ins. 288.9916,those enumerated ins. 220.1899, 82those enumerated ins. 220.194,and those enumerated ins. 83 220.196, and s. 220.197. 84 Section 3. Paragraph (a) of subsection (1) of section 85 220.13, Florida Statutes, is amended to read: 86 220.13 “Adjusted federal income” defined.— 87 (1) The term “adjusted federal income” means an amount 88 equal to the taxpayer’s taxable income as defined in subsection 89 (2), or such taxable income of more than one taxpayer as 90 provided in s. 220.131, for the taxable year, adjusted as 91 follows: 92 (a) Additions.—The following amountsThereshall be added 93 to such taxable income: 94 1. The amount of any tax upon or measured by income, 95 excluding taxes based on gross receipts or revenues, paid or 96 accrued as a liability to the District of Columbia or any state 97 of the United States which is deductible from gross income in 98 the computation of taxable income for the taxable year. 99 2. The amount of interest which is excluded from taxable 100 income under s. 103(a) of the Internal Revenue Code or any other 101 federal law, less the associated expenses disallowed in the 102 computation of taxable income under s. 265 of the Internal 103 Revenue Code or any other law, excluding 60 percent of any 104 amounts included in alternative minimum taxable income, as 105 defined in s. 55(b)(2) of the Internal Revenue Code, if the 106 taxpayer pays tax under s. 220.11(3). 107 3. In the case of a regulated investment company or real 108 estate investment trust, an amount equal to the excess of the 109 net long-term capital gain for the taxable year over the amount 110 of the capital gain dividends attributable to the taxable year. 111 4. That portion of the wages or salaries paid or incurred 112 for the taxable year which is equal to the amount of the credit 113 allowable for the taxable year under s. 220.181. This 114 subparagraph expiresshall expireon the date specified in s. 115 290.016 for the expiration of the Florida Enterprise Zone Act. 116 5. That portion of the ad valorem school taxes paid or 117 incurred for the taxable year which is equal to the amount of 118 the credit allowable for the taxable year under s. 220.182. This 119 subparagraph expiresshall expireon the date specified in s. 120 290.016 for the expiration of the Florida Enterprise Zone Act. 121 6. The amount taken as a credit under s. 220.195 which is 122 deductible from gross income in the computation of taxable 123 income for the taxable year. 124 7. That portion of assessments to fund a guaranty 125 association incurred for the taxable year which is equal to the 126 amount of the credit allowable for the taxable year. 127 8. In the case of a nonprofit corporation thatwhichholds 128 a pari-mutuel permit and thatwhichis exempt from federal 129 income tax as a farmers’ cooperative, an amount equal to the 130 excess of the gross income attributable to the pari-mutuel 131 operations over the attributable expenses for the taxable year. 132 9. The amount taken as a credit for the taxable year under 133 s. 220.1895. 134 10. Up to 9ninepercent of the eligible basis of any 135 designated project which is equal to the credit allowable for 136 the taxable year under s. 220.185. 137 11. The amount taken as a credit for the taxable year under 138 s. 220.1875. The addition in this subparagraph is intended to 139 ensure that the same amount is not allowed for the tax purposes 140 of this state as both a deduction from income and a credit 141 against the tax. This addition is not intended to result in 142 adding the same expense back to income more than once. 143 12. The amount taken as a credit for the taxable year under 144 s. 220.192. 145 13. The amount taken as a credit for the taxable year under 146 s. 220.193. 147 14. Any portion of a qualified investment, as defined in s. 148 288.9913, which is claimed as a deduction by the taxpayer and 149 taken as a credit against income tax underpursuant tos. 150 288.9916. 151 15. The costs to acquire a tax credit pursuant to s. 152 288.1254(5) whichthatare deducted from or otherwise reduce 153 federal taxable income for the taxable year. 154 16. The amount taken as a credit for the taxable year under 155pursuant tos. 220.194. 156 17. The amount taken as a credit for the taxable year under 157 s. 220.196. The addition in this subparagraph is intended to 158 ensure that the same amount is not allowed for the tax purposes 159 of this state as both a deduction from income and a credit 160 against the tax. The addition is not intended to result in 161 adding the same expense back to income more than once. 162 18. The amount taken as a credit for the taxable year under 163 s. 220.197. 164 Section 4. This act shall take effect July 1, 2015.