Florida Senate - 2022                                    SB 1090
       
       
        
       By Senator Gruters
       
       
       
       
       
       23-01061A-22                                          20221090__
    1                        A bill to be entitled                      
    2         An act relating to the corporate income tax; amending
    3         s. 220.03, F.S.; adopting the 2022 version of the
    4         Internal Revenue Code for purposes of the state
    5         corporate income tax code; providing for retroactive
    6         operation; amending s. 220.1105, F.S.; revising the
    7         timeframe during which the adjustment of the corporate
    8         tax rate based on net collections exceeding adjusted
    9         forecasted collections applies; revising the
   10         definition of the term “eligible taxpayer” for certain
   11         purposes; providing for retroactive operation;
   12         amending s. 220.13, F.S.; providing applicability for
   13         adjustments taxpayers must make to adjusted federal
   14         income with respect to bonus depreciation; providing
   15         for retroactive operation; revising the adjustments
   16         taxpayers must make to adjusted federal income with
   17         respect to business interest; providing effective
   18         dates.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Effective upon becoming a law and operating
   23  retroactively to January 1, 2022, paragraph (n) of subsection
   24  (1) and paragraph (c) of subsection (2) of section 220.03,
   25  Florida Statutes, are amended to read:
   26         220.03 Definitions.—
   27         (1) SPECIFIC TERMS.—When used in this code, and when not
   28  otherwise distinctly expressed or manifestly incompatible with
   29  the intent thereof, the following terms shall have the following
   30  meanings:
   31         (n) “Internal Revenue Code” means the United States
   32  Internal Revenue Code of 1986, as amended and in effect on
   33  January 1, 2022 2021, except as provided in subsection (3).
   34         (2) DEFINITIONAL RULES.—When used in this code and neither
   35  otherwise distinctly expressed nor manifestly incompatible with
   36  the intent thereof:
   37         (c) Any term used in this code has the same meaning as when
   38  used in a comparable context in the Internal Revenue Code and
   39  other statutes of the United States relating to federal income
   40  taxes, as such code and statutes are in effect on January 1,
   41  2022 2021. However, if subsection (3) is implemented, the
   42  meaning of a term shall be taken at the time the term is applied
   43  under this code.
   44         Section 2. Effective upon becoming a law and operating
   45  retroactively to June 30, 2021, subsection (4) of section
   46  220.1105, Florida Statutes, is amended to read:
   47         220.1105 Tax imposed; automatic refunds and downward
   48  adjustments to tax rates.—
   49         (4) For fiscal years 2018-2019 and 2019-2020 through 2020
   50  2021, any amount by which net collections for a fiscal year
   51  exceed adjusted forecasted collections for that fiscal year
   52  shall only be used to provide refunds to corporate income tax
   53  payers as follows:
   54         (a) For purposes of this subsection, the term:
   55         1. “Eligible taxpayer” means:
   56         a. For fiscal year 2018-2019, a taxpayer whose taxable year
   57  begins between April 1, 2017, and March 31, 2018, and whose
   58  final tax liability for such taxable year is greater than zero;
   59  or
   60         b. For fiscal year 2019-2020, a taxpayer whose taxable year
   61  begins between April 1, 2018, and March 31, 2019, and whose
   62  final tax liability for such taxable year is greater than zero;
   63  or
   64         c. For fiscal year 2020-2021, a taxpayer whose taxable year
   65  begins between April 1, 2019, and March 31, 2020, and whose
   66  final tax liability for such taxable year is greater than zero.
   67         2. “Excess collections” for a fiscal year means the amount
   68  by which net collections for a fiscal year exceeds adjusted
   69  forecasted collections for that fiscal year.
   70         3. “Final tax liability” means the taxpayer’s amount of tax
   71  due under this chapter for a taxable year, reported on a return
   72  filed with the department, plus the amount of any credit taken
   73  on such return under s. 220.1875.
   74         4. “Total eligible tax liability” for a fiscal year means
   75  the sum of final tax liabilities of all eligible taxpayers for a
   76  fiscal year as such liabilities are shown on the latest return
   77  filed with the department as of February 1 immediately following
   78  that fiscal year.
   79         5. “Taxpayer refund share” for a fiscal year means an
   80  eligible taxpayer’s final tax liability as a percentage of the
   81  total eligible tax liability for that fiscal year.
   82         6. “Taxpayer refund” for a fiscal year means the taxpayer
   83  refund share for a fiscal year multiplied by the excess
   84  collections for a fiscal year.
   85         (b) No later than April 15 following a fiscal year, the
   86  department shall determine total eligible tax liability for that
   87  fiscal year, the taxpayer refund share for that fiscal year for
   88  each eligible taxpayer, and the taxpayer refund for that fiscal
   89  year for each eligible taxpayer.
   90         (c) No later than May 1 following a fiscal year, the
   91  department shall refund a taxpayer refund for that fiscal year
   92  to each eligible taxpayer.
   93         Section 3. Effective upon becoming a law and operating
   94  retroactively to January 1, 2020, paragraph (e) of subsection
   95  (1) of section 220.13, Florida Statutes, is amended to read:
   96         220.13 “Adjusted federal income” defined.—
   97         (1) The term “adjusted federal income” means an amount
   98  equal to the taxpayer’s taxable income as defined in subsection
   99  (2), or such taxable income of more than one taxpayer as
  100  provided in s. 220.131, for the taxable year, adjusted as
  101  follows:
  102         (e) Adjustments related to federal acts.—Taxpayers shall be
  103  required to make the adjustments prescribed in this paragraph
  104  for Florida tax purposes with respect to certain tax benefits
  105  received pursuant to the Economic Stimulus Act of 2008; the
  106  American Recovery and Reinvestment Act of 2009; the Small
  107  Business Jobs Act of 2010; the Tax Relief, Unemployment
  108  Insurance Reauthorization, and Job Creation Act of 2010; the
  109  American Taxpayer Relief Act of 2012; the Tax Increase
  110  Prevention Act of 2014; the Consolidated Appropriations Act,
  111  2016; the Tax Cuts and Jobs Act of 2017; and the Coronavirus
  112  Aid, Relief, and Economic Security Act of 2020.
  113         1.a. There shall be added to such taxable income an amount
  114  equal to 100 percent of any amount deducted for federal income
  115  tax purposes as bonus depreciation for the taxable year pursuant
  116  to ss. 167 and 168(k) of the Internal Revenue Code of 1986, as
  117  amended by s. 103 of Pub. L. No. 110-185; s. 1201 of Pub. L. No.
  118  111-5; s. 2022 of Pub. L. No. 111-240; s. 401 of Pub. L. No.
  119  111-312; s. 331 of Pub. L. No. 112-240; s. 125 of Pub. L. No.
  120  113-295; s. 143 of Division Q of Pub. L. No. 114-113; and s.
  121  13201 of Pub. L. No. 115-97, for property placed in service
  122  after December 31, 2007, and before January 1, 2027.
  123         b. For the taxable year and for each of the 6 subsequent
  124  taxable years, there shall be subtracted from such taxable
  125  income an amount equal to one-seventh of the amount by which
  126  taxable income was increased pursuant to this subparagraph,
  127  notwithstanding any sale or other disposition of the property
  128  that is the subject of the adjustments and regardless of whether
  129  such property remains in service in the hands of the taxpayer.
  130         c. The provisions of Sub-subparagraph b. does do not apply
  131  to amounts by which taxable income was increased pursuant to
  132  this subparagraph for amounts deducted for federal income tax
  133  purposes as bonus depreciation for qualified improvement
  134  property as defined in s. 168(e)(6) of the Internal Revenue Code
  135  of 1986, as amended by s. 13204 of Pub. L. No. 115-97.
  136  
  137  This subparagraph does not apply to property placed in service
  138  in taxable years beginning on or after January 1, 2020.
  139         2. There shall be added to such taxable income an amount
  140  equal to 100 percent of any amount in excess of $128,000
  141  deducted for federal income tax purposes for the taxable year
  142  pursuant to s. 179 of the Internal Revenue Code of 1986, as
  143  amended by s. 102 of Pub. L. No. 110-185; s. 1202 of Pub. L. No.
  144  111-5; s. 2021 of Pub. L. No. 111-240; s. 402 of Pub. L. No.
  145  111-312; s. 315 of Pub. L. No. 112-240; and s. 127 of Pub. L.
  146  No. 113-295, for taxable years beginning after December 31,
  147  2007, and before January 1, 2015. For the taxable year and for
  148  each of the 6 subsequent taxable years, there shall be
  149  subtracted from such taxable income one-seventh of the amount by
  150  which taxable income was increased pursuant to this
  151  subparagraph, notwithstanding any sale or other disposition of
  152  the property that is the subject of the adjustments and
  153  regardless of whether such property remains in service in the
  154  hands of the taxpayer.
  155         3. There shall be added to such taxable income an amount
  156  equal to the amount of deferred income not included in such
  157  taxable income pursuant to s. 108(i)(1) of the Internal Revenue
  158  Code of 1986, as amended by s. 1231 of Pub. L. No. 111-5. There
  159  shall be subtracted from such taxable income an amount equal to
  160  the amount of deferred income included in such taxable income
  161  pursuant to s. 108(i)(1) of the Internal Revenue Code of 1986,
  162  as amended by s. 1231 of Pub. L. No. 111-5.
  163         4. For taxable years beginning after December 31, 2018, and
  164  before January 1, 2021, there shall be added to such taxable
  165  income an amount equal to the excess, if any, of:
  166         a. One hundred percent of any amount deducted for federal
  167  income tax purposes as business interest expense for the taxable
  168  year pursuant to s. 163(j) of the Internal Revenue Code of 1986,
  169  as amended by s. 2306 of Pub. L. No. 116-136; over
  170         b. One hundred percent of the amount that would be
  171  deductible for federal income tax purposes as business interest
  172  expense for the taxable year if calculated pursuant to s. 163(j)
  173  of the Internal Revenue Code of 1986, as amended by s. 13301 of
  174  Pub. L. No. 115-97.
  175  
  176  Any expense added back pursuant to this subparagraph shall be
  177  treated as a disallowed business expense carryforward from prior
  178  years for the year or years following the addition, until such
  179  time as the expense has been used.
  180         5. With respect to qualified improvement property as
  181  defined in s. 168(e)(6) of the Internal Revenue Code of 1986, as
  182  amended by s. 13204 of Pub. L. No. 115-97, that was placed in
  183  service on or after January 1, 2018:
  184         a. There shall be added to such taxable income an amount
  185  equal to 100 percent of any amount deducted for federal income
  186  tax purposes under s. 167(a) of the Internal Revenue Code of
  187  1986. There shall be subtracted an amount equal to the amount of
  188  depreciation that would have been deductible pursuant to s.
  189  167(a) of the Internal Revenue Code of 1986 in effect on January
  190  1, 2020 and without regard to s. 2307 of Pub. L. No. 116-136,
  191  notwithstanding any sale or other disposition of the property
  192  that is the subject of the adjustments and regardless of whether
  193  such property remains in service in the hands of the taxpayer.
  194         b. The department may adopt rules necessary to administer
  195  the provisions of this subparagraph, including rules, forms, and
  196  guidelines for computing depreciation on qualified improvement
  197  property, as defined in s. 168(e)(6) of the Internal Revenue
  198  Code of 1986.
  199         6. For taxable years beginning after December 31, 2020, and
  200  before January 1, 2026, the changes made to the Internal Revenue
  201  Code by Pub. L. No. 116-260, Division EE, Title I, s. 116 and
  202  Title II, s. 210 shall not apply to this chapter. Taxable income
  203  under this section shall be calculated as though changes made by
  204  those sections were not made to the Internal Revenue Code. The
  205  Department of Revenue may adopt rules necessary to administer
  206  the provisions of this subparagraph, including rules, forms, and
  207  guidelines for treatment of expenses and depreciation related to
  208  these changes.
  209         7. Subtractions available under this paragraph may be
  210  transferred to the surviving or acquiring entity following a
  211  merger or acquisition and used in the same manner and with the
  212  same limitations as specified by this paragraph.
  213         8. The additions and subtractions specified in this
  214  paragraph are intended to adjust taxable income for Florida tax
  215  purposes, and, notwithstanding any other provision of this code,
  216  such additions and subtractions shall be permitted to change a
  217  taxpayer’s net operating loss for Florida tax purposes.
  218         Section 4. The amendment made to s. 220.13(1)(e), Florida
  219  Statutes, in section 3 of this act applies to taxable years
  220  beginning on or after January 1, 2020.
  221         Section 5. Effective January 1, 2023, paragraph (e) of
  222  subsection (1) of section 220.13, Florida Statutes, as amended
  223  by this act, is amended to read:
  224         220.13 “Adjusted federal income” defined.—
  225         (1) The term “adjusted federal income” means an amount
  226  equal to the taxpayer’s taxable income as defined in subsection
  227  (2), or such taxable income of more than one taxpayer as
  228  provided in s. 220.131, for the taxable year, adjusted as
  229  follows:
  230         (e) Adjustments related to federal acts.—Taxpayers shall be
  231  required to make the adjustments prescribed in this paragraph
  232  for Florida tax purposes with respect to certain tax benefits
  233  received pursuant to the Economic Stimulus Act of 2008; the
  234  American Recovery and Reinvestment Act of 2009; the Small
  235  Business Jobs Act of 2010; the Tax Relief, Unemployment
  236  Insurance Reauthorization, and Job Creation Act of 2010; the
  237  American Taxpayer Relief Act of 2012; the Tax Increase
  238  Prevention Act of 2014; the Consolidated Appropriations Act,
  239  2016; the Tax Cuts and Jobs Act of 2017; and the Coronavirus
  240  Aid, Relief, and Economic Security Act of 2020.
  241         1.a. There shall be added to such taxable income an amount
  242  equal to 100 percent of any amount deducted for federal income
  243  tax purposes as bonus depreciation for the taxable year pursuant
  244  to ss. 167 and 168(k) of the Internal Revenue Code of 1986, as
  245  amended by s. 103 of Pub. L. No. 110-185; s. 1201 of Pub. L. No.
  246  111-5; s. 2022 of Pub. L. No. 111-240; s. 401 of Pub. L. No.
  247  111-312; s. 331 of Pub. L. No. 112-240; s. 125 of Pub. L. No.
  248  113-295; s. 143 of Division Q of Pub. L. No. 114-113; and s.
  249  13201 of Pub. L. No. 115-97, for property placed in service
  250  after December 31, 2007, and before January 1, 2027.
  251         b. For the taxable year and for each of the 6 subsequent
  252  taxable years, there shall be subtracted from such taxable
  253  income an amount equal to one-seventh of the amount by which
  254  taxable income was increased pursuant to this subparagraph,
  255  notwithstanding any sale or other disposition of the property
  256  that is the subject of the adjustments and regardless of whether
  257  such property remains in service in the hands of the taxpayer.
  258         c. Sub-subparagraph b. does not apply to amounts by which
  259  taxable income was increased pursuant to this subparagraph for
  260  amounts deducted for federal income tax purposes as bonus
  261  depreciation for qualified improvement property as defined in s.
  262  168(e)(6) of the Internal Revenue Code of 1986, as amended by s.
  263  13204 of Pub. L. No. 115-97.
  264  
  265  This subparagraph does not apply to property placed in service
  266  in taxable years beginning on or after January 1, 2020.
  267         2. There shall be added to such taxable income an amount
  268  equal to 100 percent of any amount in excess of $128,000
  269  deducted for federal income tax purposes for the taxable year
  270  pursuant to s. 179 of the Internal Revenue Code of 1986, as
  271  amended by s. 102 of Pub. L. No. 110-185; s. 1202 of Pub. L. No.
  272  111-5; s. 2021 of Pub. L. No. 111-240; s. 402 of Pub. L. No.
  273  111-312; s. 315 of Pub. L. No. 112-240; and s. 127 of Pub. L.
  274  No. 113-295, for taxable years beginning after December 31,
  275  2007, and before January 1, 2015. For the taxable year and for
  276  each of the 6 subsequent taxable years, there shall be
  277  subtracted from such taxable income one-seventh of the amount by
  278  which taxable income was increased pursuant to this
  279  subparagraph, notwithstanding any sale or other disposition of
  280  the property that is the subject of the adjustments and
  281  regardless of whether such property remains in service in the
  282  hands of the taxpayer.
  283         3. There shall be added to such taxable income an amount
  284  equal to the amount of deferred income not included in such
  285  taxable income pursuant to s. 108(i)(1) of the Internal Revenue
  286  Code of 1986, as amended by s. 1231 of Pub. L. No. 111-5. There
  287  shall be subtracted from such taxable income an amount equal to
  288  the amount of deferred income included in such taxable income
  289  pursuant to s. 108(i)(1) of the Internal Revenue Code of 1986,
  290  as amended by s. 1231 of Pub. L. No. 111-5.
  291         4. For taxable years beginning on or after January 1, 2023,
  292  there shall be added to such taxable income an amount equal to
  293  the amount of business interest taken as a deduction for federal
  294  tax purposes subject to the limitation provided in s. 163(j) of
  295  the Internal Revenue Code. There shall be subtracted from such
  296  taxable income the amount of business interest paid or accrued
  297  within the taxable year which would have been deductible at the
  298  federal level consistent with s. 163 of the Internal Revenue
  299  Code as it existed and applied immediately before the enactment
  300  of the Tax Cuts and Jobs Act of 2017, Pub. L. No. 115-97 For
  301  taxable years beginning after December 31, 2018, and before
  302  January 1, 2021, there shall be added to such taxable income an
  303  amount equal to the excess, if any, of:
  304         a. One hundred percent of any amount deducted for federal
  305  income tax purposes as business interest expense for the taxable
  306  year pursuant to s. 163(j) of the Internal Revenue Code of 1986,
  307  as amended by s. 2306 of Pub. L. No. 116-136; over
  308         b. One hundred percent of the amount that would be
  309  deductible for federal income tax purposes as business interest
  310  expense for the taxable year if calculated pursuant to s. 163(j)
  311  of the Internal Revenue Code of 1986, as amended by s. 13301 of
  312  Pub. L. No. 115-97.
  313  
  314  Any expense added back pursuant to this subparagraph shall be
  315  treated as a disallowed business expense carryforward from prior
  316  years for the year or years following the addition, until such
  317  time as the expense has been used.
  318         5. With respect to qualified improvement property as
  319  defined in s. 168(e)(6) of the Internal Revenue Code of 1986, as
  320  amended by s. 13204 of Pub. L. No. 115-97, that was placed in
  321  service on or after January 1, 2018:
  322         a. There shall be added to such taxable income an amount
  323  equal to 100 percent of any amount deducted for federal income
  324  tax purposes under s. 167(a) of the Internal Revenue Code of
  325  1986. There shall be subtracted an amount equal to the amount of
  326  depreciation that would have been deductible pursuant to s.
  327  167(a) of the Internal Revenue Code of 1986 in effect on January
  328  1, 2020 and without regard to s. 2307 of Pub. L. No. 116-136,
  329  notwithstanding any sale or other disposition of the property
  330  that is the subject of the adjustments and regardless of whether
  331  such property remains in service in the hands of the taxpayer.
  332         b. The department may adopt rules necessary to administer
  333  the provisions of this subparagraph, including rules, forms, and
  334  guidelines for computing depreciation on qualified improvement
  335  property, as defined in s. 168(e)(6) of the Internal Revenue
  336  Code of 1986.
  337         6. For taxable years beginning after December 31, 2020, and
  338  before January 1, 2026, the changes made to the Internal Revenue
  339  Code by Pub. L. No. 116-260, Division EE, Title I, s. 116 and
  340  Title II, s. 210 shall not apply to this chapter. Taxable income
  341  under this section shall be calculated as though changes made by
  342  those sections were not made to the Internal Revenue Code. The
  343  Department of Revenue may adopt rules necessary to administer
  344  the provisions of this subparagraph, including rules, forms, and
  345  guidelines for treatment of expenses and depreciation related to
  346  these changes.
  347         7. Subtractions available under this paragraph may be
  348  transferred to the surviving or acquiring entity following a
  349  merger or acquisition and used in the same manner and with the
  350  same limitations as specified by this paragraph.
  351         8. The additions and subtractions specified in this
  352  paragraph are intended to adjust taxable income for Florida tax
  353  purposes, and, notwithstanding any other provision of this code,
  354  such additions and subtractions shall be permitted to change a
  355  taxpayer’s net operating loss for Florida tax purposes.
  356         Section 6. Except as otherwise expressly provided in this
  357  act, this act shall take effect upon becoming a law.