Florida Senate - 2018                                    SB 1786
       
       
        
       By Senator Campbell
       
       
       
       
       
       38-01464A-18                                          20181786__
    1                        A bill to be entitled                      
    2         An act relating to a family caregiver tax credit;
    3         amending s. 220.02, F.S.; specifying the order in
    4         which the tax credit for businesses employing and
    5         providing certain support to employees who serve as
    6         family caregivers is applied against the corporate
    7         income tax or the franchise tax; amending s. 220.13,
    8         F.S.; revising the definition of the term “adjusted
    9         federal income” to include the amount of the tax
   10         credit taken in adjusting certain taxable income;
   11         creating s. 220.197, F.S.; defining terms; providing a
   12         tax credit for certain qualified businesses employing
   13         and providing mental health support to employees who
   14         serve as family caregivers; specifying the calculation
   15         of the tax credit; providing that the tax credit is
   16         for previously paid taxes, may be taken only as a
   17         deduction on a corporate income tax return, and may
   18         not be received as a refund; specifying a limit on the
   19         credit taken in any taxable year; providing procedures
   20         and requirements for tax credit applications to, and
   21         the processing of applications by, the Department of
   22         Revenue; providing that unused credits may be carried
   23         forward for a specified timeframe; providing
   24         construction relating to the use of carryover credits;
   25         authorizing the department to adopt rules; providing
   26         an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Subsection (8) of section 220.02, Florida
   31  Statutes, is amended to read:
   32         220.02 Legislative intent.—
   33         (8) It is the intent of the Legislature that credits
   34  against either the corporate income tax or the franchise tax be
   35  applied in the following order: those enumerated in s. 631.828,
   36  those enumerated in s. 220.191, those enumerated in s. 220.181,
   37  those enumerated in s. 220.183, those enumerated in s. 220.182,
   38  those enumerated in s. 220.1895, those enumerated in s. 220.195,
   39  those enumerated in s. 220.184, those enumerated in s. 220.186,
   40  those enumerated in s. 220.1845, those enumerated in s. 220.19,
   41  those enumerated in s. 220.185, those enumerated in s. 220.1875,
   42  those enumerated in s. 220.192, those enumerated in s. 220.193,
   43  those enumerated in s. 288.9916, those enumerated in s.
   44  220.1899, those enumerated in s. 220.194, and those enumerated
   45  in s. 220.196, and those enumerated in s. 220.197.
   46         Section 2. Paragraph (a) of subsection (1) of section
   47  220.13, Florida Statutes, is amended to read:
   48         220.13 “Adjusted federal income” defined.—
   49         (1) The term “adjusted federal income” means an amount
   50  equal to the taxpayer’s taxable income as defined in subsection
   51  (2), or such taxable income of more than one taxpayer as
   52  provided in s. 220.131, for the taxable year, adjusted as
   53  follows:
   54         (a) Additions.—There shall be added to such taxable income:
   55         1. The amount of any tax upon or measured by income,
   56  excluding taxes based on gross receipts or revenues, paid or
   57  accrued as a liability to the District of Columbia or any state
   58  of the United States which is deductible from gross income in
   59  the computation of taxable income for the taxable year.
   60         2. The amount of interest which is excluded from taxable
   61  income under s. 103(a) of the Internal Revenue Code or any other
   62  federal law, less the associated expenses disallowed in the
   63  computation of taxable income under s. 265 of the Internal
   64  Revenue Code or any other law, excluding 60 percent of any
   65  amounts included in alternative minimum taxable income, as
   66  defined in s. 55(b)(2) of the Internal Revenue Code, if the
   67  taxpayer pays tax under s. 220.11(3).
   68         3. In the case of a regulated investment company or real
   69  estate investment trust, an amount equal to the excess of the
   70  net long-term capital gain for the taxable year over the amount
   71  of the capital gain dividends attributable to the taxable year.
   72         4. That portion of the wages or salaries paid or incurred
   73  for the taxable year which is equal to the amount of the credit
   74  allowable for the taxable year under s. 220.181. This
   75  subparagraph shall expire on the date specified in s. 290.016
   76  for the expiration of the Florida Enterprise Zone Act.
   77         5. That portion of the ad valorem school taxes paid or
   78  incurred for the taxable year which is equal to the amount of
   79  the credit allowable for the taxable year under s. 220.182. This
   80  subparagraph shall expire on the date specified in s. 290.016
   81  for the expiration of the Florida Enterprise Zone Act.
   82         6. The amount taken as a credit under s. 220.195 which is
   83  deductible from gross income in the computation of taxable
   84  income for the taxable year.
   85         7. That portion of assessments to fund a guaranty
   86  association incurred for the taxable year which is equal to the
   87  amount of the credit allowable for the taxable year.
   88         8. In the case of a nonprofit corporation that which holds
   89  a pari-mutuel permit and that which is exempt from federal
   90  income tax as a farmers’ cooperative, an amount equal to the
   91  excess of the gross income attributable to the pari-mutuel
   92  operations over the attributable expenses for the taxable year.
   93         9. The amount taken as a credit for the taxable year under
   94  s. 220.1895.
   95         10. Up to 9 nine percent of the eligible basis of any
   96  designated project which is equal to the credit allowable for
   97  the taxable year under s. 220.185.
   98         11. The amount taken as a credit for the taxable year under
   99  s. 220.1875. The addition in this subparagraph is intended to
  100  ensure that the same amount is not allowed for the tax purposes
  101  of this state as both a deduction from income and a credit
  102  against the tax. This addition is not intended to result in
  103  adding the same expense back to income more than once.
  104         12. The amount taken as a credit for the taxable year under
  105  s. 220.192.
  106         13. The amount taken as a credit for the taxable year under
  107  s. 220.193.
  108         14. Any portion of a qualified investment, as defined in s.
  109  288.9913, which is claimed as a deduction by the taxpayer and
  110  taken as a credit against income tax pursuant to s. 288.9916.
  111         15. The costs to acquire a tax credit pursuant to s.
  112  288.1254(5) that are deducted from or otherwise reduce federal
  113  taxable income for the taxable year.
  114         16. The amount taken as a credit for the taxable year
  115  pursuant to s. 220.194.
  116         17. The amount taken as a credit for the taxable year under
  117  s. 220.196. The addition in this subparagraph is intended to
  118  ensure that the same amount is not allowed for the tax purposes
  119  of this state as both a deduction from income and a credit
  120  against the tax. The addition is not intended to result in
  121  adding the same expense back to income more than once.
  122         18. The amount taken as a credit for the taxable year under
  123  s. 220.197.
  124         Section 3. Section 220.197, Florida Statutes, is created to
  125  read:
  126         220.197 Tax credit for employment and support of employees
  127  serving as family caregivers.—
  128         (1) As used in this section, the term:
  129         (a) “Caregiver-friendly employment policy” means a
  130  business’s written policy that accommodates the employment and
  131  personal needs of employees who must serve as family caregivers
  132  and that provides both of the following:
  133         1. Work flexibility for employees who are family caregivers
  134  so they may balance work responsibilities with caring for their
  135  disabled family members or elderly family members. Such policy
  136  includes, but is not limited to, flexible work schedules and
  137  telework. As used in this subparagraph, the term “telework”
  138  means a work arrangement allowing an employee to conduct all or
  139  some of his or her work away from the worksite during all or a
  140  portion of the employee’s established work hours on a regular
  141  basis.
  142         2. Mental health support for family caregivers, which may
  143  include, but is not limited to, counseling and psychotherapy
  144  services provided at the workplace by a person licensed under
  145  chapter 491.
  146         (b)“Disabled family member” means a person who is a
  147  relative of a family caregiver and who is diagnosed by a
  148  physician licensed under chapter 458 or chapter 459 with a
  149  condition of physical or mental incapacitation due to a
  150  developmental disability, organic brain damage, or mental
  151  illness, or who is diagnosed by the physician as having one or
  152  more physical or mental limitations that restrict the person’s
  153  ability to perform the normal activities of daily living.
  154         (c) “Elderly family member” means a person who is a
  155  relative of a family caregiver, is 65 years of age or older, and
  156  is diagnosed by a physician licensed under chapter 458 or
  157  chapter 459 as suffering from the infirmities of aging as
  158  manifested by advanced age or organic brain damage or other
  159  physical, mental, or emotional dysfunction, to the extent that
  160  the ability of the person to provide adequately for his or her
  161  own care or protection is impaired.
  162         (d) “Family caregiver” means a person who has been
  163  entrusted with or who has assumed responsibility for the care of
  164  a disabled family member or an elderly family member.
  165         (2) Pursuant to this section, a business is qualified for a
  166  credit against the tax imposed by this chapter if the business:
  167         (a) Is certified by the department as having a caregiver
  168  friendly employment policy; and
  169         (b) Has employed, for a minimum of 1 year as of the end of
  170  the previous taxable year, at least one employee who is a family
  171  caregiver.
  172         (3) For taxable years beginning on or after January 1,
  173  2019, a qualified business shall receive a tax credit for
  174  previously paid corporate income taxes under this chapter equal
  175  to 12.5 percent of the amount of wages paid by the business in
  176  the previous taxable year to all employees who were family
  177  caregivers and who were employed by the business for at least 1
  178  year as of the end of the previous taxable year. The credit may
  179  be taken only as a deduction on a corporate income tax return
  180  and may not be received as a refund of taxes previously paid.
  181  The credit taken in any taxable year may not exceed 50 percent
  182  of the qualified business’ remaining net income tax liability
  183  under this chapter after all other credits have been applied
  184  under s. 220.02(8).
  185         (4) To qualify for the credit under this section, a
  186  business must apply to the department on a form approved by the
  187  department. The application must include all information
  188  required by the department to verify the business’ qualification
  189  under subsection (2).
  190         (5) Within 30 business days after receipt of the
  191  application, the department shall notify the applicant in
  192  writing as to whether the application has been approved or
  193  deemed insufficient to support the credit. The department shall
  194  identify any insufficiency in the written notice. If the
  195  application is deemed insufficient, the applicant may reapply
  196  for the credit within 90 calendar days after its receipt of the
  197  written notice.
  198         (6) If the credit approved under this section is not fully
  199  used in a taxable year, the unused amount may be carried forward
  200  for no more than 5 taxable years. The carryover credit may be
  201  used if the tax imposed by this chapter for such taxable year
  202  exceeds the credit under this section after the business applies
  203  other credits and unused credit carryovers in the order provided
  204  in s. 220.02(8).
  205         (7) The department may adopt rules to administer this
  206  section.
  207         Section 4. This act shall take effect July 1, 2018.