Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 288
       
       
       
       
       
       
                                Ì3664903Î366490                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/14/2023           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Finance and Tax (DiCeglie) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 138 - 367
    4  and insert:
    5         (k)“Placed in service” means the time that property is
    6  first placed by the taxpayer in a condition or state of
    7  readiness and availability for a specifically assigned function,
    8  whether for use in a trade or business, for the production of
    9  income, or in a tax-exempt activity.
   10         (l)“Qualified expenses” means rehabilitation expenditures
   11  incurred in this state which qualify for the credit under 26
   12  U.S.C. s. 47.
   13         (m)“Registered historic district” means a district listed
   14  in the National Register of Historic Places or a district:
   15         1.Designated under general law or local ordinance and
   16  certified by the United States Secretary of the Interior as
   17  meeting criteria that will substantially achieve the purposes of
   18  preserving and rehabilitating buildings of historic significance
   19  to the district; and
   20         2.Certified by the United States Secretary of the Interior
   21  as meeting substantially all of the requirements for listing a
   22  district in the National Register of Historic Places.
   23         (n)“Taxpayer” has the same meaning as in s. 220.03(1)(z),
   24  but also includes an insurer subject to the insurance premium
   25  tax under s. 624.509.
   26         (3)ELIGIBILITY.—
   27         (a)To receive a tax credit under this section, an
   28  applicant must apply to the division, no later than 6 months
   29  after the date the certified historic structure is placed in
   30  service, for a tax credit for qualified expenses in the amount
   31  and under the conditions and limitations provided in this
   32  section. The applicant must provide the division with all of the
   33  following:
   34         1.Documentation showing that:
   35         a.The rehabilitation is a certified rehabilitation;
   36         b.The structure is a certified historic structure, is
   37  income-producing, is located within this state, and is placed
   38  into service on or after January 1, 2024;
   39         c.The applicant had an ownership or a long-term leasehold
   40  interest in the certified historic structure in the year during
   41  which the certified historic structure was placed into service;
   42         d.The total amount of qualified expenses incurred in
   43  rehabilitating the certified historic structure exceeded $5,000;
   44         e.The qualified expenses were incurred in this state; and
   45         f.The applicant received a tax credit for the qualified
   46  expenses under 26 U.S.C. s. 47.
   47         2.An official certificate of eligibility from the
   48  division, signed by the State Historic Preservation Officer or
   49  the Deputy State Historic Preservation Officer, attesting that
   50  the project has been approved by the National Park Service. The
   51  attestation must identify if the project is located within a
   52  local program area.
   53         3.National Park Service Form 10-168c (Rev. 2019), titled
   54  “Historic Preservation Certification Application-Part 3-Request
   55  for Certification of Completed Work,” or a similar form, signed
   56  by an officer of the National Park Service, attesting that the
   57  completed rehabilitation meets the United States Secretary of
   58  the Interior’s Standards for Rehabilitation and is consistent
   59  with the historic character of the property and, if applicable,
   60  the district in which the completed rehabilitation is located.
   61  The form may be obtained from the National Park Service.
   62         4.The dates during which the certified historic structure
   63  was rehabilitated, the date the certified historic structure was
   64  placed into service after the certified rehabilitation was
   65  completed, and evidence that the certified historic structure
   66  was placed into service after the certified rehabilitation was
   67  completed.
   68         5.A list of total qualified expenses incurred in
   69  rehabilitating the certified historic structure. For certified
   70  rehabilitations with qualified expenses that exceed $750,000,
   71  the applicant must submit an audited cost report issued by a
   72  certified public accountant which itemizes the qualified
   73  expenses incurred in rehabilitating the certified historic
   74  structure. An applicant may submit an audited cost report issued
   75  by a certified public accountant which was created for purposes
   76  of applying for a federal historic rehabilitation tax credit and
   77  which includes all of the qualified expenses incurred in
   78  rehabilitating the certified historic structure.
   79         6.An attestation of the total qualified expenses incurred
   80  by the applicant in rehabilitating the certified historic
   81  structure.
   82         7.The information required to be reported by the
   83  department in subsection (8) to enable the department to compile
   84  its annual report.
   85  
   86  This paragraph may not be construed to restrict an applicant
   87  from making an application with the division before the
   88  certified historic structure is placed in service. However, a
   89  final determination on eligibility may not be made until the
   90  certified historic structure is placed in service.
   91         (b)Within 90 days after receipt of the information
   92  required under paragraph (a) or the certified historic structure
   93  is placed in service, whichever is later, the division shall
   94  approve or deny the application. If approved, the division must
   95  provide a letter of certification to the applicant consistent
   96  with any restrictions imposed. If the division denies any part
   97  of the requested credit, the division must inform the applicant
   98  of the grounds for the denial. The division must submit a copy
   99  of the certification and the information provided by the
  100  applicant to the department within 10 days after the division’s
  101  approval.
  102         (4)CERTIFIED REHABILITATION TAX CREDIT.—For taxable years
  103  beginning on or after January 1, 2024, there is allowed a credit
  104  against any tax due for a taxable year under this chapter after
  105  the application of any other allowable credits by the taxpayer
  106  in an amount equal to:
  107         (a)Twenty percent of the total qualified expenses incurred
  108  in this state in rehabilitating a certified historic structure
  109  that has been approved by the National Park Service to receive
  110  the federal historic rehabilitation tax credit; or
  111         (b)Thirty percent of the total qualified expenses incurred
  112  in this state in rehabilitating a certified historic structure
  113  that has been approved by the National Park Service to receive
  114  the federal historic rehabilitation tax credit and that is
  115  located within a local program area.
  116  
  117  The tax credit may be used to offset the corporate income tax
  118  imposed under this chapter and the insurance premium tax imposed
  119  in s. 624.509. An insurer claiming a credit against insurance
  120  premium tax liability under this section may not be required to
  121  pay any additional retaliatory tax levied pursuant to s.
  122  624.5091 as a result of claiming such credit. Section 624.5091
  123  does not limit such credit in any manner.
  124         (5)CARRYFORWARD OF TAX CREDIT.—
  125         (a)If a tax credit exceeds the amount of tax owed, the
  126  taxpayer may carry forward the unused tax credit for a period of
  127  up to 5 taxable years.
  128         (b)A carryforward is considered the remaining portion of a
  129  tax credit that cannot be claimed in the current taxable year.
  130         (6)SALE OR TRANSFER OF TAX CREDIT.—
  131         (a)All or part of the tax credit may be sold or
  132  transferred.
  133         (b)A taxpayer to which all or part of the tax credit is
  134  sold or transferred may sell or transfer to another taxpayer all
  135  or part of the tax credit that may otherwise be claimed.
  136         (c)A taxpayer that sells or transfers a tax credit to
  137  another taxpayer must provide a copy of the certificate of
  138  eligibility provided under subparagraph (3)(a)2. together with
  139  the audited cost report, if applicable, to the purchaser or
  140  transferee.
  141         (d)Qualified expenses may be counted only once in
  142  determining the amount of an available tax credit, and more than
  143  one taxpayer may not claim a tax credit for the same qualified
  144  expenses.
  145         (e)There is no limit on the total number of transactions
  146  for the sale or transfer of all or part of a tax credit.
  147         (f)1.No later than the 30th day after the date of a sale
  148  or transfer, the seller or transferor and the purchaser or
  149  transferee shall jointly submit written notice of the sale or
  150  transfer to the department on a form prescribed by the
  151  department. The notice must include all of the following:
  152         a.The date of the sale or transfer.
  153         b.The amount of the tax credit sold or transferred.
  154         c.The name and federal tax identification number of the
  155  seller or transferor of the tax credit and the purchaser or
  156  transferee.
  157         d.The amount of the tax credit owned by the seller or
  158  transferor before the sale or transfer and the amount the seller
  159  or transferor retained, if any, after the sale or transfer.
  160         2.The sale or transfer of a tax credit under this
  161  subsection does not extend the period for which a tax credit may
  162  be carried forward and does not increase the total amount of the
  163  tax credit that may be claimed.
  164         3.If a taxpayer claims a tax credit for qualified
  165  expenses, another taxpayer may not use the same expenses as the
  166  basis for claiming a tax credit.
  167         4.Notwithstanding the requirements of this subsection, a
  168  tax credit earned by, purchased by, or transferred to a
  169  partnership, limited liability company, S corporation, or other
  170  pass-through taxpayer may be allocated to the partners, members,
  171  or shareholders of that taxpayer in accordance with any
  172  agreement among the partners, members, or shareholders and
  173  without regard to the ownership interest of the partners,
  174  members, or shareholders in the rehabilitated certified historic
  175  structure.
  176         (g)If the tax credit is reduced due to a determination,
  177  examination, or audit by the department, the tax deficiency
  178  shall be recovered from the taxpayer that sold or transferred
  179  the tax credit or the purchaser or transferee that claimed the
  180  tax credit up to the amount of the tax credit taken.
  181         (h)Any subsequent deficiencies shall be assessed against
  182  the purchaser or transferee that claimed the tax credit or, in
  183  the case of multiple succeeding entities, in the order of tax
  184  credit succession.
  185         (7)AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX
  186  CREDITS; FRAUDULENT CLAIMS.—
  187         (a)The department, with assistance from the division, may
  188  perform any additional financial and technical audits and
  189  examinations, including examining the accounts, books, or
  190  records of the tax credit applicant, to verify the legitimacy of
  191  the qualified expenses included in a tax credit return and to
  192  ensure compliance with this section. If requested by the
  193  department, the division must provide technical assistance for
  194  any technical audits or examinations performed under this
  195  subsection.
  196         (b)It is grounds for forfeiture of previously claimed and
  197  received tax credits if the department determines, as a result
  198  of an audit or information received from the division or the
  199  United States Department of the Interior, that an applicant or a
  200  taxpayer received a tax credit pursuant to this section to which
  201  the taxpayer was not entitled. In the case of fraud, the
  202  taxpayer may not claim any future tax credits under this
  203  section.
  204         (c)The taxpayer must return forfeited tax credits to the
  205  department, and such funds shall be paid into the General
  206  Revenue Fund.
  207         (d)The taxpayer shall file with the department an amended
  208  tax return or such other report as the department prescribes and
  209  shall pay any required tax within 60 days after the taxpayer
  210  receives notification from the United States Internal Revenue
  211  Service that a previously approved tax credit has been revoked
  212  or modified, if uncontested, or within 60 days after a final
  213  order is issued following proceedings involving a contested
  214  revocation or modification order.
  215         (e)A notice of deficiency may be issued by the department
  216  at any time within 5 years after the date on which the taxpayer
  217  receives notification from the United States Internal Revenue
  218  Service that a previously approved tax credit has been revoked
  219  or modified. If a taxpayer fails to notify the department of any
  220  change in its tax credit claimed, a notice of deficiency may be
  221  issued at any time. In either case, the amount of any proposed
  222  assessment set forth in such notice of deficiency is limited to
  223  the amount of the tax credit claimed.
  224         (f)A taxpayer that fails to report and timely pay any tax
  225  due as a result of the forfeiture of its tax credit violates
  226  this section and is subject to applicable penalties and
  227  interest.
  228         (8)ANNUAL REPORT.—Based on the applications submitted and
  229  approved, the department shall submit a report by December 1 of
  230  each year to the President of the Senate and the Speaker of the
  231  House of Representatives which identifies, in the aggregate, all
  232  of the following:
  233         (a)The number of employees hired during construction
  234  phases.
  235         (b)The use of each newly rehabilitated building and the
  236  expected number of employees hired.
  237         (c)The number of affordable housing units created or
  238  preserved. As used in this paragraph, the term “affordable” has
  239  the same meaning as in s. 420.0004.
  240         (d)The property values before and after the certified
  241  rehabilitations.
  242         (9)DEPARTMENT DUTIES.—The department shall:
  243         (a)Establish a cooperative agreement with the division.
  244         (b)Adopt any necessary forms required to claim a tax
  245  
  246  ================= T I T L E  A M E N D M E N T ================
  247  And the title is amended as follows:
  248         Delete line 14
  249  and insert:
  250         the allowable amounts of tax credits; providing