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