Florida Senate - 2019 SB 878 By Senator Gruters 23-01946A-19 2019878__ 1 A bill to be entitled 2 An act relating to corporate taxable income 3 adjustments; amending s. 220.13, F.S.; providing that, 4 for the purposes of calculating adjusted federal 5 income, motor vehicle rental or leasing companies are 6 not required to add to their taxable income certain 7 amounts deducted for federal income tax purposes as 8 bonus depreciation; defining the term “motor vehicle 9 rental or leasing company”; providing retroactive 10 applicability; authorizing the Department of Revenue 11 to adopt emergency rules; providing for the expiration 12 and renewal of such rules; providing an effective 13 date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Paragraph (e) of subsection (1) of section 18 220.13, Florida Statutes, is amended to read: 19 220.13 “Adjusted federal income” defined.— 20 (1) The term “adjusted federal income” means an amount 21 equal to the taxpayer’s taxable income as defined in subsection 22 (2), or such taxable income of more than one taxpayer as 23 provided in s. 220.131, for the taxable year, adjusted as 24 follows: 25 (e) Adjustments related to federal acts.—Taxpayers shall be 26 required to make the adjustments prescribed in this paragraph 27 for Florida tax purposes with respect to certain tax benefits 28 received pursuant to the Economic Stimulus Act of 2008, the 29 American Recovery and Reinvestment Act of 2009, the Small 30 Business Jobs Act of 2010, the Tax Relief, Unemployment 31 Insurance Reauthorization, and Job Creation Act of 2010, the 32 American Taxpayer Relief Act of 2012, the Tax Increase 33 Prevention Act of 2014, the Consolidated Appropriations Act, 34 2016, and the Tax Cuts and Jobs Act of 2017. 35 1.a. Except as provided under subparagraph b., there shall 36 be added to such taxable income an amount equal to 100 percent 37 of any amount deducted for federal income tax purposes as bonus 38 depreciation for the taxable year pursuant to ss. 167 and 168(k) 39 of the Internal Revenue Code of 1986, as amended by s. 103 of 40 Pub. L. No. 110-185, s. 1201 of Pub. L. No. 111-5, s. 2022 of 41 Pub. L. No. 111-240, s. 401 of Pub. L. No. 111-312, s. 331 of 42 Pub. L. No. 112-240, s. 125 of Pub. L. No. 113-295, s. 143 of 43 Division Q of Pub. L. No. 114-113, and s. 13201 of Pub. L. No. 44 115-97, for property placed in service after December 31, 2007, 45 and before January 1, 2027. For the taxable year and for each of 46 the 6 subsequent taxable years, there shall be subtracted from 47 such taxable income an amount equal to one-seventh of the amount 48 by which taxable income was increased pursuant to this 49 subparagraph, notwithstanding any sale or other disposition of 50 the property that is the subject of the adjustments and 51 regardless of whether such property remains in service in the 52 hands of the taxpayer. 53 b. If the property that is the subject of the adjustments 54 under subparagraph a. is a motor vehicle owned by a motor 55 vehicle rental or leasing company, the motor vehicle rental or 56 leasing company is not required to add to its taxable income any 57 amount deducted for federal income tax purposes as bonus 58 depreciation for the taxable year pursuant to ss. 167 and 168(k) 59 of the Internal Revenue Code of 1986, as amended by s. 103 of 60 Pub. L. No. 110-185, s. 1201 of Pub. L. No. 111-5, s. 2022 of 61 Pub. L. No. 111-240, s. 401 of Pub. L. No. 111-312, s. 331 of 62 Pub. L. No. 112-240, s. 125 of Pub. L. No. 113-295, s. 143 of 63 Division Q of Pub. L. No. 114-113, and s. 13201 of Pub. L. No. 64 115-97. As used in this subparagraph, the term “motor vehicle 65 rental or leasing company” means an entity that is engaged in 66 the business of renting or leasing motor vehicles to the general 67 public and that rents or leases a majority of its motor vehicles 68 to persons with no direct or indirect affiliation with the 69 entity. 70 2. There shall be added to such taxable income an amount 71 equal to 100 percent of any amount in excess of $128,000 72 deducted for federal income tax purposes for the taxable year 73 pursuant to s. 179 of the Internal Revenue Code of 1986, as 74 amended by s. 102 of Pub. L. No. 110-185, s. 1202 of Pub. L. No. 75 111-5, s. 2021 of Pub. L. No. 111-240, s. 402 of Pub. L. No. 76 111-312, s. 315 of Pub. L. No. 112-240, and s. 127 of Pub. L. 77 No. 113-295, for taxable years beginning after December 31, 78 2007, and before January 1, 2015. For the taxable year and for 79 each of the 6 subsequent taxable years, there shall be 80 subtracted from such taxable income one-seventh of the amount by 81 which taxable income was increased pursuant to this 82 subparagraph, notwithstanding any sale or other disposition of 83 the property that is the subject of the adjustments and 84 regardless of whether such property remains in service in the 85 hands of the taxpayer. 86 3. There shall be added to such taxable income an amount 87 equal to the amount of deferred income not included in such 88 taxable income pursuant to s. 108(i)(1) of the Internal Revenue 89 Code of 1986, as amended by s. 1231 of Pub. L. No. 111-5. There 90 shall be subtracted from such taxable income an amount equal to 91 the amount of deferred income included in such taxable income 92 pursuant to s. 108(i)(1) of the Internal Revenue Code of 1986, 93 as amended by s. 1231 of Pub. L. No. 111-5. 94 4. Subtractions available under this paragraph may be 95 transferred to the surviving or acquiring entity following a 96 merger or acquisition and used in the same manner and with the 97 same limitations as specified by this paragraph. 98 5. The additions and subtractions specified in this 99 paragraph are intended to adjust taxable income for Florida tax 100 purposes, and, notwithstanding any other provision of this code, 101 such additions and subtractions shall be permitted to change a 102 taxpayer’s net operating loss for Florida tax purposes. 103 Section 2. The amendment made by this act to s. 220.13, 104 Florida Statutes, applies retroactively to taxable years 105 beginning on or after January 1, 2018. 106 Section 3. (1) The Department of Revenue is authorized, and 107 all conditions are deemed to be met, to adopt emergency rules 108 pursuant to s. 120.54(4), Florida Statutes, for the purpose of 109 administering the amendment made by this act to s. 220.13, 110 Florida Statutes. 111 (2) Notwithstanding any other law, emergency rules adopted 112 pursuant to subsection (1) are effective for 6 months after 113 adoption and may be renewed during the pendency of procedures to 114 adopt permanent rules addressing the subject of the emergency 115 rules. 116 Section 4. This act shall take effect upon becoming a law.