Florida Senate - 2016 CS for SB 868 By the Committee on Finance and Tax; and Senator Smith 593-03609-16 2016868c1 1 A bill to be entitled 2 An act relating to community contribution tax credits; 3 amending s. 220.03, F.S.; providing definitions 4 related to community contribution tax credits that may 5 apply to business firms against certain income tax 6 liabilities; amending s. 212.08, F.S.; providing 7 definitions related to community contribution tax 8 credits that may apply against sales and use tax 9 liabilities; amending s. 624.5105, F.S.; providing 10 definitions related to community contribution tax 11 credits that may apply against certain premium tax 12 liabilities; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Paragraph (d) of subsection (1) of section 17 220.03, F.S., is amended to read: 18 220.03 Definitions.— 19 (1) SPECIFIC TERMS.—When used in this code, and when not 20 otherwise distinctly expressed or manifestly incompatible with 21 the intent thereof, the following terms shall have the following 22 meanings: 23 (d) “Community Contribution” means the grant by a business 24 firm of any of the following items: 25 1. Cash or other liquid assets. 26 2. Real property, which for purposes of this subparagraph 27 includes 100 percent ownership of a real property holding 28 company. The term “real property holding company” means a 29 Florida entity, such as a Florida limited liability company, 30 that: 31 a. Is wholly owned by the business firm. 32 b. Is the sole owner of real property, as defined in s. 33 192.001(12), located in the state. 34 c. Is disregarded as an entity for federal income tax 35 purposes pursuant to 26 C.F.R. s. 301.7701-3(b)(1)(ii). 36 d. At the time of contribution to an eligible sponsor, has 37 no material assets other than the real property and any other 38 property that qualifies as a community contribution. 39 3. Goods or inventory. 40 4. Other physical resources as identified by the 41 department. 42 43 This paragraph expires June 30, 2018. 44 Section 2. Paragraph (p) of subsection (5) of section 45 212.08, Florida Statutes, is amended to read: 46 212.08 Sales, rental, use, consumption, distribution, and 47 storage tax; specified exemptions.—The sale at retail, the 48 rental, the use, the consumption, the distribution, and the 49 storage to be used or consumed in this state of the following 50 are hereby specifically exempt from the tax imposed by this 51 chapter. 52 (5) EXEMPTIONS; ACCOUNT OF USE.— 53 (p) Community contribution tax credit for donations.— 54 1. Authorization.—Persons who are registered with the 55 department under s. 212.18 to collect or remit sales or use tax 56 and who make donations to eligible sponsors are eligible for tax 57 credits against their state sales and use tax liabilities as 58 provided in this paragraph: 59 a. The credit shall be computed as 50 percent of the 60 person’s approved annual community contribution. 61 b. The credit shall be granted as a refund against state 62 sales and use taxes reported on returns and remitted in the 12 63 months preceding the date of application to the department for 64 the credit as required in sub-subparagraph 3.c. If the annual 65 credit is not fully used through such refund because of 66 insufficient tax payments during the applicable 12-month period, 67 the unused amount may be included in an application for a refund 68 made pursuant to sub-subparagraph 3.c. in subsequent years 69 against the total tax payments made for such year. Carryover 70 credits may be applied for a 3-year period without regard to any 71 time limitation that would otherwise apply under s. 215.26. 72 c. A person may not receive more than $200,000 in annual 73 tax credits for all approved community contributions made in any 74 one year. 75 d. All proposals for the granting of the tax credit require 76 the prior approval of the Department of Economic Opportunity. 77 e. The total amount of tax credits which may be granted for 78 all programs approved under this paragraph, s. 220.183, and s. 79 624.5105 is $18.4 million in the 2015-2016 fiscal year, $21.4 80 million in the 2016-2017 fiscal year, and $21.4 million in the 81 2017-2018 fiscal year for projects that provide housing 82 opportunities for persons with special needs or homeownership 83 opportunities for low-income households or very-low-income 84 households and $3.5 million annually for all other projects. As 85 used in this paragraph, the term “person with special needs” has 86 the same meaning as in s. 420.0004 and the terms “low-income 87 person,” “low-income household,” “very-low-income person,” and 88 “very-low-income household” have the same meanings as in s. 89 420.9071. 90 f. A person who is eligible to receive the credit provided 91 in this paragraph, s. 220.183, or s. 624.5105 may receive the 92 credit only under one section of the person’s choice. 93 2. Eligibility requirements.— 94 a. A community contribution by a person must be in the 95 following form: 96 (I) Cash or other liquid assets; 97 (II) Real property, including 100 percent ownership of a 98 real property holding company; 99 (III) Goods or inventory; or 100 (IV) Other physical resources identified by the Department 101 of Economic Opportunity. 102 103 For purposes of this subparagraph, the term “real property 104 holding company” means a Florida entity, such as a Florida 105 limited liability company, that is wholly owned by the person; 106 is the sole owner of real property, as defined in s. 107 192.001(12), located in the state; is disregarded as an entity 108 for federal income tax purposes pursuant to 26 C.F.R. s. 109 301.7701-3(b)(1)(ii); and at the time of contribution to an 110 eligible sponsor, has no material assets other than the real 111 property and any other property that qualifies as a community 112 contribution. 113 b. All community contributions must be reserved exclusively 114 for use in a project. As used in this sub-subparagraph, the term 115 “project” means activity undertaken by an eligible sponsor which 116 is designed to construct, improve, or substantially rehabilitate 117 housing that is affordable to low-income households or very-low 118 income households; designed to provide housing opportunities for 119 persons with special needs; designed to provide commercial, 120 industrial, or public resources and facilities; or designed to 121 improve entrepreneurial and job-development opportunities for 122 low-income persons. A project may be the investment necessary to 123 increase access to high-speed broadband capability in a rural 124 community that had an enterprise zone designated pursuant to 125 chapter 290 as of May 1, 2015, including projects that result in 126 improvements to communications assets that are owned by a 127 business. A project may include the provision of museum 128 educational programs and materials that are directly related to 129 a project approved between January 1, 1996, and December 31, 130 1999, and located in an area which was in an enterprise zone 131 designated pursuant to s. 290.0065 as of May 1, 2015. This 132 paragraph does not preclude projects that propose to construct 133 or rehabilitate housing for low-income households or very-low 134 income households on scattered sites or housing opportunities 135 for persons with special needs. With respect to housing, 136 contributions may be used to pay the following eligible special 137 needs, low-income, and very-low-income housing-related 138 activities: 139 (I) Project development impact and management fees for 140 special needs, low-income, or very-low-income housing projects; 141 (II) Down payment and closing costs for persons with 142 special needs, low-income persons, and very-low-income persons; 143 (III) Administrative costs, including housing counseling 144 and marketing fees, not to exceed 10 percent of the community 145 contribution, directly related to special needs, low-income, or 146 very-low-income projects; and 147 (IV) Removal of liens recorded against residential property 148 by municipal, county, or special district local governments if 149 satisfaction of the lien is a necessary precedent to the 150 transfer of the property to a low-income person or very-low 151 income person for the purpose of promoting home ownership. 152 Contributions for lien removal must be received from a 153 nonrelated third party. 154 c. The project must be undertaken by an “eligible sponsor,” 155 which includes: 156 (I) A community action program; 157 (II) A nonprofit community-based development organization 158 whose mission is the provision of housing for persons with 159 specials needs, low-income households, or very-low-income 160 households or increasing entrepreneurial and job-development 161 opportunities for low-income persons; 162 (III) A neighborhood housing services corporation; 163 (IV) A local housing authority created under chapter 421; 164 (V) A community redevelopment agency created under s. 165 163.356; 166 (VI) A historic preservation district agency or 167 organization; 168 (VII) A regional workforce board; 169 (VIII) A direct-support organization as provided in s. 170 1009.983; 171 (IX) An enterprise zone development agency created under s. 172 290.0056; 173 (X) A community-based organization incorporated under 174 chapter 617 which is recognized as educational, charitable, or 175 scientific pursuant to s. 501(c)(3) of the Internal Revenue Code 176 and whose bylaws and articles of incorporation include 177 affordable housing, economic development, or community 178 development as the primary mission of the corporation; 179 (XI) Units of local government; 180 (XII) Units of state government; or 181 (XIII) Any other agency that the Department of Economic 182 Opportunity designates by rule. 183 184 A contributing person may not have a financial interest in the 185 eligible sponsor. 186 d. The project must be located in an area which was in an 187 enterprise zone designated pursuant to chapter 290 as of May 1, 188 2015, or a Front Porch Florida Community, unless the project 189 increases access to high-speed broadband capability in a rural 190 community that had an enterprise zone designated pursuant to 191 chapter 290 as of May 1, 2015, but is physically located outside 192 the designated rural zone boundaries. Any project designed to 193 construct or rehabilitate housing for low-income households or 194 very-low-income households or housing opportunities for persons 195 with special needs is exempt from the area requirement of this 196 sub-subparagraph. 197 e.(I) If, during the first 10 business days of the state 198 fiscal year, eligible tax credit applications for projects that 199 provide housing opportunities for persons with special needs or 200 homeownership opportunities for low-income households or very 201 low-income households are received for less than the annual tax 202 credits available for those projects, the Department of Economic 203 Opportunity shall grant tax credits for those applications and 204 grant remaining tax credits on a first-come, first-served basis 205 for subsequent eligible applications received before the end of 206 the state fiscal year. If, during the first 10 business days of 207 the state fiscal year, eligible tax credit applications for 208 projects that provide housing opportunities for persons with 209 special needs or homeownership opportunities for low-income 210 households or very-low-income households are received for more 211 than the annual tax credits available for those projects, the 212 Department of Economic Opportunity shall grant the tax credits 213 for those applications as follows: 214 (A) If tax credit applications submitted for approved 215 projects of an eligible sponsor do not exceed $200,000 in total, 216 the credits shall be granted in full if the tax credit 217 applications are approved. 218 (B) If tax credit applications submitted for approved 219 projects of an eligible sponsor exceed $200,000 in total, the 220 amount of tax credits granted pursuant to sub-sub-sub 221 subparagraph (A) shall be subtracted from the amount of 222 available tax credits, and the remaining credits shall be 223 granted to each approved tax credit application on a pro rata 224 basis. 225 (II) If, during the first 10 business days of the state 226 fiscal year, eligible tax credit applications for projects other 227 than those that provide housing opportunities for persons with 228 special needs or homeownership opportunities for low-income 229 households or very-low-income households are received for less 230 than the annual tax credits available for those projects, the 231 Department of Economic Opportunity shall grant tax credits for 232 those applications and shall grant remaining tax credits on a 233 first-come, first-served basis for subsequent eligible 234 applications received before the end of the state fiscal year. 235 If, during the first 10 business days of the state fiscal year, 236 eligible tax credit applications for projects other than those 237 that provide housing opportunities for persons with special 238 needs or homeownership opportunities for low-income households 239 or very-low-income households are received for more than the 240 annual tax credits available for those projects, the Department 241 of Economic Opportunity shall grant the tax credits for those 242 applications on a pro rata basis. 243 3. Application requirements.— 244 a. An eligible sponsor seeking to participate in this 245 program must submit a proposal to the Department of Economic 246 Opportunity which sets forth the name of the sponsor, a 247 description of the project, and the area in which the project is 248 located, together with such supporting information as is 249 prescribed by rule. The proposal must also contain a resolution 250 from the local governmental unit in which the project is located 251 certifying that the project is consistent with local plans and 252 regulations. 253 b. A person seeking to participate in this program must 254 submit an application for tax credit to the Department of 255 Economic Opportunity which sets forth the name of the sponsor, a 256 description of the project, and the type, value, and purpose of 257 the contribution. The sponsor shall verify, in writing, the 258 terms of the application and indicate its receipt of the 259 contribution, and such verification must accompany the 260 application for tax credit. The person must submit a separate 261 tax credit application to the Department of Economic Opportunity 262 for each individual contribution that it makes to each 263 individual project. 264 c. A person who has received notification from the 265 Department of Economic Opportunity that a tax credit has been 266 approved must apply to the department to receive the refund. 267 Application must be made on the form prescribed for claiming 268 refunds of sales and use taxes and be accompanied by a copy of 269 the notification. A person may submit only one application for 270 refund to the department within a 12-month period. 271 4. Administration.— 272 a. The Department of Economic Opportunity may adopt rules 273 necessary to administer this paragraph, including rules for the 274 approval or disapproval of proposals by a person. 275 b. The decision of the Department of Economic Opportunity 276 must be in writing, and, if approved, the notification shall 277 state the maximum credit allowable to the person. Upon approval, 278 the Department of Economic Opportunity shall transmit a copy of 279 the decision to the department. 280 c. The Department of Economic Opportunity shall 281 periodically monitor all projects in a manner consistent with 282 available resources to ensure that resources are used in 283 accordance with this paragraph; however, each project must be 284 reviewed at least once every 2 years. 285 d. The Department of Economic Opportunity shall, in 286 consultation with the statewide and regional housing and 287 financial intermediaries, market the availability of the 288 community contribution tax credit program to community-based 289 organizations. 290 5. Expiration.—This paragraph expires June 30, 2018; 291 however, any accrued credit carryover that is unused on that 292 date may be used until the expiration of the 3-year carryover 293 period for such credit. 294 Section 3. Paragraph (a) of subsection (5) of section 295 624.5105, Florida Statutes, is amended to read: 296 624.5105 Community contribution tax credit; authorization; 297 limitations; eligibility and application requirements; 298 administration; definitions; expiration.— 299 (5) DEFINITIONS.—As used in this section, the term: 300 (a) “Community contribution” means the grant by an insurer 301 of any of the following items: 302 1. Cash or other liquid assets. 303 2. Real property, including 100 percent ownership of a real 304 property holding company. 305 3. Goods or inventory. 306 4. Other physical resources which are identified by the 307 department. 308 309 For purposes of this paragraph, the term “real property holding 310 company” means a Florida entity, such as a Florida limited 311 liability company, that is wholly owned by the insurer; is the 312 sole owner of real property, as defined in s. 192.001(12), 313 located in the state; is disregarded as an entity for federal 314 income tax purposes pursuant to 26 C.F.R. s. 301.7701 315 3(b)(1)(ii); and at the time of contribution to an eligible 316 sponsor, has no material assets other than the real property and 317 any other property that qualifies as a community contribution. 318 Section 4. This act shall take effect July 1, 2016.