Florida Senate - 2014                              CS for SB 596
       
       
        
       By the Committee on Commerce and Tourism; and Senator Evers
       
       
       
       
       
       577-02073-14                                           2014596c1
    1                        A bill to be entitled                      
    2         An act relating to defense contracting; creating s.
    3         288.1046, F.S.; defining terms; authorizing certain
    4         prime contractors to apply to the Department of
    5         Economic Opportunity to certify that such contractors
    6         may reduce their computation of adjusted federal
    7         income by a certain amount when awarded a prime
    8         contract; providing requirements to apply for a
    9         reduction in computation of income; requiring a prime
   10         contractor to apply separately for each qualified
   11         subcontract award and to provide documentation;
   12         providing guidelines for the department to certify an
   13         award; authorizing the department and the Department
   14         of Revenue to adopt rules; amending s. 220.13, F.S.;
   15         revising the definition of the term “adjusted federal
   16         income” for corporate income tax purposes; providing
   17         for certain reduction in computation of income, to
   18         conform; providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 288.1046, Florida Statutes, is created
   23  to read:
   24         288.1046 Defense Works in Florida Incentive.—
   25         (1) As used in this section, the term:
   26         (a) “Florida prime contractor” means a business entity
   27  operating in this state that is awarded a prime contract.
   28         (b) “Florida small business subcontractor” means a business
   29  entity that:
   30         1. Maintains its primary place of business in the state;
   31         2. Has 250 or fewer employees at the time a qualified
   32  subcontract award is made;
   33         3. Is awarded a subcontract from a Florida prime
   34  contractor; and
   35         4. Has no subsidiary or affiliate business relationship to
   36  the prime contractor making the award.
   37         (c) “Prime contract” means a contract that is awarded
   38  directly from the Federal Government.
   39         (d) “Qualified defense work” means a prime contract awarded
   40  for manufacturing, engineering, construction, distribution,
   41  research, development, or other activities related to equipment,
   42  supplies, technology, or other goods or services that directly
   43  or indirectly support the United States Armed Forces or that can
   44  be reasonably determined to support national security, including
   45  space related activities. The term does not include contracts
   46  awarded before October 1, 2013.
   47         (e) “Qualified subcontract award” means qualified defense
   48  work, in part or in whole, subcontracted from a Florida prime
   49  contractor to a Florida small business subcontractor, which is
   50  executed in the state and valued at more than $250,000.
   51         (2) A Florida prime contractor may apply to the department
   52  to certify that it may reduce its computation of adjusted
   53  federal income under s. 220.13 by an amount equal to 4 percent
   54  of the subcontract award if such prime contractor:
   55         (a) Is subject to chapter 220;
   56         (b) Is awarded qualified defense work; and
   57         (c) Awards a qualified subcontract award.
   58         (3) A Florida prime contractor may claim the incentive
   59  under subsection (2) only for taxable years beginning on or
   60  after January 1, 2014, and must apply separately to the
   61  department for each qualified subcontract award and provide the
   62  department required documentation, including, but not limited
   63  to, the application for the award and copies of contracts, tax
   64  records, or employment records.
   65         (4) The department may establish application, approval,
   66  appeal, and accountability processes as necessary. The
   67  department may consult with Enterprise Florida, Inc., and the
   68  Florida Defense Support Task Force as necessary to administer
   69  this section.
   70         (a) Within 10 days after certifying a qualified subcontract
   71  award, the department shall provide:
   72         1. A letter certifying the award to the applicant; and
   73         2. A copy of the letter certifying the award to the
   74  Department of Revenue.
   75         (b) The department may certify, for each Florida prime
   76  contractor applicant per calendar year, up to $250 million in
   77  aggregate qualified subcontract awards, equaling up to $10
   78  million in reduced taxable income and up to $550,000 in reduced
   79  taxes.
   80         (c) The department may certify in total, per calendar year,
   81  up to $2.5 billion in aggregate qualified subcontract awards,
   82  equaling up to $100 million in reduced taxable income and up to
   83  $5.5 million in reduced taxes.
   84         (d) For a multiyear qualified subcontract award:
   85         1. The department shall certify the full amount of the
   86  award under paragraphs (b) and (c) in the calendar year it was
   87  awarded; and
   88         2. The Florida prime contractor may claim the incentive in
   89  the taxable year in which payment is made to the Florida small
   90  business subcontractor.
   91         (5) The department and the Department of Revenue may adopt
   92  rules to administer this section.
   93         Section 2. Paragraph (b) of subsection (1) of 220.13,
   94  Florida Statutes, is amended to read:
   95         220.13 “Adjusted federal income” defined.—
   96         (1) The term “adjusted federal income” means an amount
   97  equal to the taxpayer’s taxable income as defined in subsection
   98  (2), or such taxable income of more than one taxpayer as
   99  provided in s. 220.131, for the taxable year, adjusted as
  100  follows:
  101         (b) Subtractions.—
  102         1. There shall be subtracted from such taxable income:
  103         a. The net operating loss deduction allowable for federal
  104  income tax purposes under s. 172 of the Internal Revenue Code
  105  for the taxable year, except that any net operating loss that is
  106  transferred pursuant to s. 220.194(6) may not be deducted by the
  107  seller;,
  108         b. The net capital loss allowable for federal income tax
  109  purposes under s. 1212 of the Internal Revenue Code for the
  110  taxable year;,
  111         c. The excess charitable contribution deduction allowable
  112  for federal income tax purposes under s. 170(d)(2) of the
  113  Internal Revenue Code for the taxable year;, and
  114         d. The excess contributions deductions allowable for
  115  federal income tax purposes under s. 404 of the Internal Revenue
  116  Code for the taxable year.
  117  
  118  However, a net operating loss and a capital loss shall never be
  119  carried back as a deduction to a prior taxable year, but all
  120  deductions attributable to such losses shall be deemed net
  121  operating loss carryovers and capital loss carryovers,
  122  respectively, and treated in the same manner, to the same
  123  extent, and for the same time periods as are prescribed for such
  124  carryovers in ss. 172 and 1212, respectively, of the Internal
  125  Revenue Code.
  126         2. There shall be subtracted from such taxable income any
  127  amount to the extent included therein the following:
  128         a. Dividends treated as received from sources without the
  129  United States, as determined under s. 862 of the Internal
  130  Revenue Code.
  131         b. All amounts included in taxable income under s. 78 or s.
  132  951 of the Internal Revenue Code.
  133  
  134  However, as to any amount subtracted under this subparagraph,
  135  there shall be added to such taxable income all expenses
  136  deducted on the taxpayer’s return for the taxable year which are
  137  attributable, directly or indirectly, to such subtracted amount.
  138  Further, no amount shall be subtracted with respect to dividends
  139  paid or deemed paid by a Domestic International Sales
  140  Corporation.
  141         3. In computing “adjusted federal income” for taxable years
  142  beginning after December 31, 1976, there shall be allowed as a
  143  deduction the amount of wages and salaries paid or incurred
  144  within this state for the taxable year for which no deduction is
  145  allowed pursuant to s. 280C(a) of the Internal Revenue Code
  146  (relating to credit for employment of certain new employees).
  147         4. There shall be subtracted from such taxable income any
  148  amount of nonbusiness income included therein.
  149         5. There shall be subtracted any amount of taxes of foreign
  150  countries allowable as credits for taxable years beginning on or
  151  after September 1, 1985, under s. 901 of the Internal Revenue
  152  Code to any corporation which derived less than 20 percent of
  153  its gross income or loss for its taxable year ended in 1984 from
  154  sources within the United States, as described in s.
  155  861(a)(2)(A) of the Internal Revenue Code, not including credits
  156  allowed under ss. 902 and 960 of the Internal Revenue Code,
  157  withholding taxes on dividends within the meaning of sub
  158  subparagraph 2.a., and withholding taxes on royalties, interest,
  159  technical service fees, and capital gains.
  160         6. There shall be subtracted from such taxable income 4
  161  percent of the amount of the subcontract award certified by the
  162  Department of Economic Opportunity pursuant to s. 288.1046.
  163         7. Notwithstanding any other provision of this code, except
  164  with respect to amounts subtracted pursuant to subparagraphs 1.
  165  and 3., any increment of any apportionment factor which is
  166  directly related to an increment of gross receipts or income
  167  which is deducted, subtracted, or otherwise excluded in
  168  determining adjusted federal income shall be excluded from both
  169  the numerator and denominator of such apportionment factor.
  170  Further, all valuations made for apportionment factor purposes
  171  shall be made on a basis consistent with the taxpayer’s method
  172  of accounting for federal income tax purposes.
  173         Section 3. This act shall take effect July 1, 2014.