Florida Senate - 2022 CS for SB 1310 By the Committee on Finance and Tax; and Senator Rodriguez 593-02695-22 20221310c1 1 A bill to be entitled 2 An act relating to the Florida Main Street Program and 3 historic preservation tax credits; creating s. 4 220.197, F.S.; providing a short title; defining 5 terms; specifying eligibility requirements for 6 receiving specified tax credits for taxpayers that 7 rehabilitate certified historic structures; specifying 8 requirements for taxpayers claiming or transferring 9 specified tax credits; specifying requirements for the 10 Division of Historical Resources of the Department of 11 State for evaluating and certifying applications for 12 specified tax credits; specifying the amount of tax 13 credits; providing construction; authorizing the 14 carryforward, sale, and transfer of tax credits; 15 providing the Department of Revenue and the division 16 audit and examination powers for specified purposes 17 related to certified rehabilitation expenses; 18 requiring the return of forfeited tax credits under 19 certain circumstances; providing penalties; requiring 20 the Department of Revenue to provide specified annual 21 reports to the Legislature; providing duties of the 22 Department of Revenue; authorizing the Department of 23 Revenue and the division to adopt rules; amending s. 24 213.053, F.S.; authorizing the Department of Revenue 25 and the Secretary of the Department of the Interior of 26 the United States to make certain information 27 available for specified purposes; amending s. 220.02, 28 F.S.; revising the order in which tax credits against 29 the corporate income tax credit or the franchise tax 30 are applied; amending s. 220.13, F.S.; revising the 31 definition of the term “adjusted federal income”; 32 amending s. 624.509, F.S.; revising the order in which 33 credits and deductions against the insurance premium 34 tax are applied; authorizing the Department of Revenue 35 to adopt emergency rules to implement certain 36 provisions; providing for expiration of that 37 authority; providing applicability; providing an 38 effective date. 39 40 WHEREAS, historic revitalization creates highly paid local 41 construction jobs, and 42 WHEREAS, historic rehabilitation increases the value of 43 buildings and results in a growing state and local tax base, and 44 WHEREAS, historic revitalization boosts heritage tourism 45 and creates thriving downtowns that are attractive to main 46 street businesses, and 47 WHEREAS, reusing historic buildings creates affordable 48 spaces for small business incubation, and 49 WHEREAS, repurposing historic buildings saves resources and 50 activates vacant spaces, and 51 WHEREAS, historic rehabilitation projects leverage 52 significant private investment, and 53 WHEREAS, leveraging state tax incentives increases the 54 effectiveness of federal Historic Preservation Tax Incentives 55 and the Opportunity Zones Program to encourage the historic 56 preservation of existing buildings, and 57 WHEREAS, an increase in rehabilitation activity occurs when 58 a state incentive is combined with federal Historic Preservation 59 Tax Incentives, and 60 WHEREAS, many historic buildings in this state need safety 61 upgrades and other improvements that require both public and 62 private investment to return these buildings as assets of their 63 local communities, NOW, THEREFORE, 64 65 Be It Enacted by the Legislature of the State of Florida: 66 67 Section 1. Section 220.197, Florida Statutes, is created to 68 read: 69 220.197 Main Street Historic Tourism and Revitalization 70 Act; tax credits; reports.— 71 (1) SHORT TITLE.—This act may be cited as the “Main Street 72 Historic Tourism and Revitalization Act.” 73 (2) DEFINITIONS.—As used in this section, the term: 74 (a) “Accredited Main Street Program” means an active 75 Florida Main Street Program or the Orlando Main Streets program, 76 provided that such program meets the Main Street America 77 accreditation standards. An Accredited Main Street Program must: 78 1. Have broad-based community support for the commercial 79 district revitalization process with strong support from the 80 public and private sectors. 81 2. Have a developed vision and mission statement relevant 82 to community conditions and to Main Street America’s 83 organizational stage. 84 3. Have a comprehensive Main Street America work plan. 85 4. Possess a historic preservation ethic. 86 5. Have an active board of directors and committees. 87 6. Have an adequate operating budget. 88 7. Have a paid professional program manager. 89 8. Conduct a program of ongoing training for staff and 90 volunteers. 91 9. Report key statistics. 92 10. Be a current member of Main Street America. 93 (b) “Certified historic structure” means a building and its 94 structural components as defined in 36 C.F.R. s. 67.2 which is 95 of a character subject to the allowance for depreciation 96 provided in s. 167 of the Internal Revenue Code of 1986, as 97 amended, and which is: 98 1. Individually listed in the National Register of Historic 99 Places; or 100 2. Located within a registered historic district and 101 certified by the United States Secretary of the Interior as 102 being of historic significance to the registered historic 103 district as set forth in 36 C.F.R. s. 67.2. 104 (c) “Certified rehabilitation” means the rehabilitation of 105 a certified historic structure that the United States Secretary 106 of the Interior has certified to the United States Secretary of 107 the Treasury as being consistent with the historic character of 108 the certified historic structure and, if applicable, consistent 109 with the registered historic district in which the certified 110 historic structure is located as set forth in 36 C.F.R. s. 67.2. 111 (d) “Division” means the Division of Historical Resources 112 of the Department of State. 113 (e) “Florida Main Street Program” means a statewide 114 historic preservation-based downtown revitalization assistance 115 program created, maintained, and administered by the division 116 under s. 267.031(5). 117 (f) “Local program area” means the specific geographic area 118 in which an Accredited Main Street Program is conducted as 119 approved and maintained by the division or in which the Orlando 120 Main Streets program is conducted. 121 (g) “Long-term leasehold” means a leasehold in a 122 nonresidential real property for a term of 39 years or more or a 123 leasehold in a residential real property for a term of 27.5 124 years or more. 125 (h) “Main Street America” means a national network of 126 grassroots organizations revitalizing historic downtown areas 127 under the leadership of the National Main Street Center, Inc., a 128 subsidiary of the National Trust for Historic Preservation. 129 (i) “National Register of Historic Places” means the list 130 of historic properties significant in American history, 131 architecture, archeology, engineering, and culture maintained by 132 the United States Secretary of the Interior as authorized in 54 133 U.S.C. s. 3021. 134 (j) “Orlando Main Streets” means a historic preservation 135 based district revitalization program administered by the City 136 of Orlando. 137 (k) “Qualified expenses” means rehabilitation expenditures 138 qualifying for the credit under 26 U.S.C. s. 47 incurred in this 139 state. 140 (l) “Registered historic district” means a district listed 141 in the National Register of Historic Places or a district: 142 1. Designated under general law or local ordinance and 143 certified by the United States Secretary of the Interior as 144 meeting criteria that will substantially achieve the purposes of 145 preserving and rehabilitating buildings of historic significance 146 to the district; and 147 2. Certified by the United States Secretary of the Interior 148 as meeting substantially all of the requirements for listing a 149 district in the National Register of Historic Places. 150 (3) ELIGIBILITY FOR TAX CREDIT.—For taxable years beginning 151 on or after January 1, 2023, there is allowed a credit against 152 any tax due for a taxable year under this chapter after the 153 application of any other allowable credits by the taxpayer. 154 (a) To claim and receive a tax credit under this section, a 155 taxpayer must apply to the division for a tax credit for 156 qualified expenses in the amount and under the conditions and 157 limitations provided in this section against the tax due for a 158 taxable year under this chapter and must provide the division 159 with all of the following: 160 1. Documentation showing that: 161 a. The rehabilitation is a certified rehabilitation; 162 b. The structure is a certified historic structure, is 163 income-producing, is located within this state, and is 164 rehabilitated and placed in service on or after January 1, 2023; 165 c. The taxpayer had an ownership or a long-term leasehold 166 interest in the certified historic structure in the year during 167 which the certified historic structure was placed into service 168 after the certified rehabilitation was completed; 169 d. The total amount of qualified expenses incurred in 170 rehabilitating the certified historic structure exceeded $5,000; 171 e. The qualified expenses were incurred in this state; and 172 f. The taxpayer received a tax credit for the qualified 173 expenses under 26 U.S.C. s. 47. 174 2. An official certificate of eligibility from the 175 division, signed by the State Historic Preservation Officer or 176 the Deputy State Historic Preservation Officer, attesting that 177 the project has been approved by the National Park Service and 178 confirming that the project is located within a local program 179 area. 180 3. National Park Service Form 10-168c (Rev. 2019), titled 181 “Historic Preservation Certification Application–Part 3-Request 182 for Certification of Completed Work,” or a similar form, signed 183 by an officer of the National Park Service, attesting that the 184 completed rehabilitation meets the United States Secretary of 185 the Interior’s Standards for Rehabilitation and is consistent 186 with the historic character of the property and, if applicable, 187 the district in which the completed rehabilitation is located. 188 The form may be obtained through the National Park Service. 189 4. An identification of the dates during which the 190 certified historic structure was rehabilitated, the date the 191 certified historic structure was placed in service after the 192 certified rehabilitation was completed, and evidence that the 193 certified historic structure was placed in service after the 194 certified rehabilitation was completed. 195 5. A list of total qualified expenses incurred by the 196 taxpayer in rehabilitating the certified historic structure. For 197 certified rehabilitations with qualified expenses that exceed 198 $750,000, the taxpayer must submit an audited cost report issued 199 by a certified public accountant which itemizes the qualified 200 expenses incurred in rehabilitating the certified historic 201 structure. A taxpayer may submit an audited cost report issued 202 by a certified public accountant which was created for purposes 203 of applying for a federal historic rehabilitation tax credit and 204 which includes all of the qualified expenses incurred in 205 rehabilitating the certified historic structure. 206 6. An attestation of the total qualified expenses incurred 207 by the taxpayer in rehabilitating the certified historic 208 structure. 209 7. The information required to be reported by the 210 department in subsection (8) to enable the department to compile 211 its annual report. 212 (b) Within 60 days after receipt of the information 213 required under paragraph (a), the division shall evaluate the 214 application and recommend the applicant for certification or 215 denial. The division must approve or deny the application within 216 30 days after receiving the recommendation. If approved, the 217 division must provide a letter of certification to the applicant 218 consistent with any restrictions imposed. If the division denies 219 any part of the requested credit, the division must inform the 220 applicant of the grounds for the denial. The division must 221 submit a copy of the certification and the information provided 222 by the taxpayer to the department within 10 days after the 223 division’s approval. 224 (4) AMOUNT OF TAX CREDIT.—The total tax credit claimed 225 annually may not exceed the amount of tax due after any other 226 applicable tax credits and may not exceed the following: 227 (a) Twenty percent of the total qualified expenses incurred 228 in this state in rehabilitating a certified historic structure 229 that has been approved by the National Park Service to receive 230 the federal historic rehabilitation tax credit; or 231 (b) Thirty percent of the total qualified expenses incurred 232 in this state in rehabilitating a certified historic structure 233 that has been approved by the National Park Service to receive 234 the federal historic rehabilitation tax credit and that is 235 located within a local program area. 236 237 The tax credit may be used to offset the corporate income tax 238 imposed in s. 220.11 and the insurance premium tax imposed in s. 239 624.509. An insurer claiming a credit against insurance premium 240 tax liability under this section may not be required to pay any 241 additional retaliatory tax levied pursuant to s. 624.5091 as a 242 result of claiming such credit. Section 624.5091 does not limit 243 such credit in any manner. 244 (5) CARRYFORWARD OF TAX CREDIT.— 245 (a) If a taxpayer is eligible for a tax credit that exceeds 246 taxes owed, the taxpayer may carry the unused tax credit forward 247 for a period of up to 5 taxable years. 248 (b) A carryforward is considered the remaining portion of a 249 tax credit that cannot be claimed in the current tax year. 250 (6) SALE OR TRANSFER OF TAX CREDIT.— 251 (a) A taxpayer that incurs qualified expenses may sell or 252 transfer all or part of the tax credit that may otherwise be 253 claimed to another taxpayer. 254 (b) A taxpayer to which all or part of the tax credit is 255 sold or transferred may sell or transfer all or part of the tax 256 credit that may otherwise be claimed to another taxpayer. 257 (c) A taxpayer that sells or transfers a tax credit to 258 another taxpayer must provide a copy of the certificate of 259 eligibility together with the audited cost report to the 260 purchaser or transferee. 261 (d) Qualified expenses may be counted only once in 262 determining the amount of an available tax credit, and more than 263 one taxpayer may not claim a tax credit for the same qualified 264 expenses. 265 (e) There is no limit on the total number of transactions 266 for the sale or transfer of all or part of a tax credit. 267 (f)1. A taxpayer that sells or transfers a tax credit under 268 this subsection and the purchaser or transferee shall jointly 269 submit written notice of the sale or transfer to the department 270 on a form adopted by the department no later than the 30th day 271 after the date of the sale or transfer. The notice must include 272 all of the following: 273 a. The date of the sale or transfer. 274 b. The amount of the tax credit sold or transferred. 275 c. The name and federal tax identification number of the 276 taxpayer that sold or transferred the tax credit and the 277 purchaser or transferee. 278 d. The amount of the tax credit owned by the taxpayer 279 before the sale or transfer and the amount the selling or 280 transferring taxpayer retained, if any, after the sale or 281 transfer. 282 2. The sale or transfer of a tax credit under this 283 subsection does not extend the period for which a tax credit may 284 be carried forward and does not increase the total amount of the 285 tax credit that may be claimed. 286 3. If a taxpayer claims a tax credit for qualified 287 expenses, another taxpayer may not use the same expenses as the 288 basis for claiming a tax credit. 289 4. Notwithstanding the requirements of this subsection, a 290 tax credit earned by, purchased by, or transferred to a 291 partnership, limited liability company, S corporation, or other 292 pass-through taxpayer may be allocated to the partners, members, 293 or shareholders of that taxpayer and claimed under this section 294 in accordance with any agreement among the partners, members, or 295 shareholders and without regard to the ownership interest of the 296 partners, members, or shareholders in the rehabilitated 297 certified historic structure. 298 (g) If the tax credit is reduced due to a determination, 299 examination, or audit by the department, the tax deficiency 300 shall be recovered from the taxpayer that sold or transferred 301 the tax credit or the purchaser or transferee that claimed the 302 tax credit up to the amount of the tax credit taken. 303 (h) Any subsequent deficiencies shall be assessed against 304 the purchaser or transferee that claimed the tax credit or, in 305 the case of multiple succeeding entities, in the order of tax 306 credit succession. 307 (7) AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX 308 CREDITS; FRAUDULENT CLAIMS.— 309 (a) The department, with assistance from the division, may 310 perform any additional financial and technical audits and 311 examinations, including examining the accounts, books, or 312 records of the tax credit applicant, to verify the legitimacy of 313 the qualified expenses included in a tax credit return and to 314 ensure compliance with this section. If requested by the 315 department, the division must provide technical assistance for 316 any technical audits or examinations performed under this 317 subsection. 318 (b) It is grounds for forfeiture of previously claimed and 319 received tax credits if the department determines, as a result 320 of an audit or information received from the division or the 321 United States Department of the Interior, that a taxpayer 322 received a tax credit pursuant to this section to which the 323 taxpayer was not entitled. In the case of fraud, the taxpayer 324 may not claim any future tax credits under this section. 325 (c) The taxpayer must return forfeited tax credits to the 326 department, and such funds shall be paid into the General 327 Revenue Fund. 328 (d) The taxpayer shall file with the department an amended 329 tax return or such other report as the department prescribes and 330 shall pay any required tax within 60 days after the taxpayer 331 receives notification from the United States Internal Revenue 332 Service that a previously approved tax credit has been revoked 333 or modified, if uncontested, or within 60 days after a final 334 order is issued following proceedings involving a contested 335 revocation or modification order. 336 (e) A notice of deficiency may be issued by the department 337 at any time within 5 years after the date on which the taxpayer 338 receives notification from the United States Internal Revenue 339 Service that a previously approved tax credit has been revoked 340 or modified. 341 (f) If a taxpayer fails to notify the department of any 342 change in its tax credit claimed, a notice of deficiency may be 343 issued at any time. In either case, the amount of any proposed 344 assessment set forth in such notice of deficiency is limited to 345 the amount of any deficiency resulting under this section from 346 the precomputation of the taxpayer’s tax for the taxable year. 347 (g) A taxpayer that fails to report and timely pay any tax 348 due as a result of the forfeiture of its tax credit violates 349 this section and is subject to applicable penalties and 350 interest. 351 (8) ANNUAL REPORTS.—Based on the applications submitted and 352 approved, the department must submit a report by December 1 of 353 each year to the President of the Senate and the Speaker of the 354 House of Representatives that identifies, in the aggregate, all 355 of the following: 356 (a) The number of employees hired during construction 357 phases. 358 (b) The use of each newly rehabilitated building and the 359 expected number of employees hired. 360 (c) The number of affordable housing units created or 361 preserved. 362 (d) The property values before and after the certified 363 rehabilitations. 364 (9) DEPARTMENT DUTIES.—The department shall: 365 (a) Establish a cooperative agreement with the division. 366 (b) Establish any necessary forms required to claim a tax 367 credit under this section. 368 (c) Provide administrative guidelines and procedures 369 required to administer this section, including rules 370 establishing an entitlement to and sale or transfer of a tax 371 credit under this section. 372 (d) Provide examination and audit procedures required to 373 administer this section. 374 (10) RULES.—The department and the division may adopt rules 375 to administer this section. 376 Section 2. Subsection (23) is added to section 213.053, 377 Florida Statutes, to read: 378 213.053 Confidentiality and information sharing.— 379 (23) The department may make available to the Division of 380 Historical Resources of the Department of State and the 381 Secretary of the Department of the Interior of the United States 382 or his or her delegate, exclusively for official purposes, 383 information for the purposes of administering the Main Street 384 Historic Tourism and Revitalization Act pursuant to s. 220.197. 385 Section 3. Subsection (8) of section 220.02, Florida 386 Statutes, is amended to read: 387 220.02 Legislative intent.— 388 (8) It is the intent of the Legislature that credits 389 against either the corporate income tax or the franchise tax be 390 applied in the following order: those enumerated in s. 631.828, 391 those enumerated in s. 220.191, those enumerated in s. 220.181, 392 those enumerated in s. 220.183, those enumerated in s. 220.182, 393 those enumerated in s. 220.1895, those enumerated in s. 220.195, 394 those enumerated in s. 220.184, those enumerated in s. 220.186, 395 those enumerated in s. 220.1845, those enumerated in s. 220.19, 396 those enumerated in s. 220.185, those enumerated in s. 220.1875, 397 those enumerated in s. 220.1876, those enumerated in s. 398 220.1877, those enumerated in s. 220.193, those enumerated in s. 399 288.9916, those enumerated in s. 220.1899, those enumerated in 400 s. 220.194, those enumerated in s. 220.196,andthose enumerated 401 in s. 220.198, and those enumerated in s. 220.197. 402 Section 4. Paragraph (a) of subsection (1) of section 403 220.13, Florida Statutes, is amended to read: 404 220.13 “Adjusted federal income” defined.— 405 (1) The term “adjusted federal income” means an amount 406 equal to the taxpayer’s taxable income as defined in subsection 407 (2), or such taxable income of more than one taxpayer as 408 provided in s. 220.131, for the taxable year, adjusted as 409 follows: 410 (a) Additions.—There shall be added to such taxable income: 411 1.a. The amount of any tax upon or measured by income, 412 excluding taxes based on gross receipts or revenues, paid or 413 accrued as a liability to the District of Columbia or any state 414 of the United States which is deductible from gross income in 415 the computation of taxable income for the taxable year. 416 b. Notwithstanding sub-subparagraph a., if a credit taken 417 under s. 220.1875, s. 220.1876, or s. 220.1877 is added to 418 taxable income in a previous taxable year under subparagraph 11. 419 and is taken as a deduction for federal tax purposes in the 420 current taxable year, the amount of the deduction allowed shall 421 not be added to taxable income in the current year. The 422 exception in this sub-subparagraph is intended to ensure that 423 the credit under s. 220.1875, s. 220.1876, or s. 220.1877 is 424 added in the applicable taxable year and does not result in a 425 duplicate addition in a subsequent year. 426 2. The amount of interest which is excluded from taxable 427 income under s. 103(a) of the Internal Revenue Code or any other 428 federal law, less the associated expenses disallowed in the 429 computation of taxable income under s. 265 of the Internal 430 Revenue Code or any other law, excluding 60 percent of any 431 amounts included in alternative minimum taxable income, as 432 defined in s. 55(b)(2) of the Internal Revenue Code, if the 433 taxpayer pays tax under s. 220.11(3). 434 3. In the case of a regulated investment company or real 435 estate investment trust, an amount equal to the excess of the 436 net long-term capital gain for the taxable year over the amount 437 of the capital gain dividends attributable to the taxable year. 438 4. That portion of the wages or salaries paid or incurred 439 for the taxable year which is equal to the amount of the credit 440 allowable for the taxable year under s. 220.181. This 441 subparagraph shall expire on the date specified in s. 290.016 442 for the expiration of the Florida Enterprise Zone Act. 443 5. That portion of the ad valorem school taxes paid or 444 incurred for the taxable year which is equal to the amount of 445 the credit allowable for the taxable year under s. 220.182. This 446 subparagraph shall expire on the date specified in s. 290.016 447 for the expiration of the Florida Enterprise Zone Act. 448 6. The amount taken as a credit under s. 220.195 which is 449 deductible from gross income in the computation of taxable 450 income for the taxable year. 451 7. That portion of assessments to fund a guaranty 452 association incurred for the taxable year which is equal to the 453 amount of the credit allowable for the taxable year. 454 8. In the case of a nonprofit corporation which holds a 455 pari-mutuel permit and which is exempt from federal income tax 456 as a farmers’ cooperative, an amount equal to the excess of the 457 gross income attributable to the pari-mutuel operations over the 458 attributable expenses for the taxable year. 459 9. The amount taken as a credit for the taxable year under 460 s. 220.1895. 461 10. Up to nine percent of the eligible basis of any 462 designated project which is equal to the credit allowable for 463 the taxable year under s. 220.185. 464 11. Any amount taken as a credit for the taxable year under 465 s. 220.1875, s. 220.1876, or s. 220.1877. The addition in this 466 subparagraph is intended to ensure that the same amount is not 467 allowed for the tax purposes of this state as both a deduction 468 from income and a credit against the tax. This addition is not 469 intended to result in adding the same expense back to income 470 more than once. 471 12. The amount taken as a credit for the taxable year under 472 s. 220.193. 473 13. Any portion of a qualified investment, as defined in s. 474 288.9913, which is claimed as a deduction by the taxpayer and 475 taken as a credit against income tax pursuant to s. 288.9916. 476 14. The costs to acquire a tax credit pursuant to s. 477 288.1254(5) that are deducted from or otherwise reduce federal 478 taxable income for the taxable year. 479 15. The amount taken as a credit for the taxable year 480 pursuant to s. 220.194. 481 16. The amount taken as a credit for the taxable year under 482 s. 220.196. The addition in this subparagraph is intended to 483 ensure that the same amount is not allowed for the tax purposes 484 of this state as both a deduction from income and a credit 485 against the tax. The addition is not intended to result in 486 adding the same expense back to income more than once. 487 17. The amount taken as a credit for the taxable year 488 pursuant to s. 220.198. 489 18. The amount taken as a credit for the taxable year 490 pursuant to s. 220.197. 491 Section 5. Subsection (7) of section 624.509, Florida 492 Statutes, is amended to read: 493 624.509 Premium tax; rate and computation.— 494 (7) Credits and deductions against the tax imposed by this 495 section shall be taken in the following order: deductions for 496 assessments made pursuant to s. 440.51; credits for taxes paid 497 under ss. 175.101 and 185.08; credits for income taxes paid 498 under chapter 220 and the credit allowed under subsection (5), 499 as these credits are limited by subsection (6); the credit 500 allowed under s. 624.51057; the credit allowed under s. 220.197; 501 and all other available credits and deductions. 502 Section 6. (1) The Department of Revenue may, and all 503 conditions are deemed met to, adopt emergency rules under s. 504 120.54(4), Florida Statutes, for the purpose of implementing 505 provisions related to the Main Street Historic Tourism and 506 Revitalization Act. 507 (2) Notwithstanding any other law, emergency rules adopted 508 under this section are effective for 6 months after adoption and 509 may be renewed during the pendency of procedures to adopt 510 permanent rules addressing the subject of the emergency rules. 511 (3) This section shall take effect upon this act becoming a 512 law and expires July 1, 2023. 513 Section 7. This act applies to taxable years beginning and 514 for qualified expenses incurred on or after January 1, 2023. 515 Section 8. This act shall take effect January 1, 2023.