Florida Senate - 2016                              CS for SB 868
       
       
        
       By the Committee on Finance and Tax; and Senator Smith
       
       593-03609-16                                           2016868c1
    1                        A bill to be entitled                      
    2         An act relating to community contribution tax credits;
    3         amending s. 220.03, F.S.; providing definitions
    4         related to community contribution tax credits that may
    5         apply to business firms against certain income tax
    6         liabilities; amending s. 212.08, F.S.; providing
    7         definitions related to community contribution tax
    8         credits that may apply against sales and use tax
    9         liabilities; amending s. 624.5105, F.S.; providing
   10         definitions related to community contribution tax
   11         credits that may apply against certain premium tax
   12         liabilities; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (d) of subsection (1) of section
   17  220.03, F.S., is amended to read:
   18         220.03 Definitions.—
   19         (1) SPECIFIC TERMS.—When used in this code, and when not
   20  otherwise distinctly expressed or manifestly incompatible with
   21  the intent thereof, the following terms shall have the following
   22  meanings:
   23         (d) “Community Contribution” means the grant by a business
   24  firm of any of the following items:
   25         1. Cash or other liquid assets.
   26         2. Real property, which for purposes of this subparagraph
   27  includes 100 percent ownership of a real property holding
   28  company. The term “real property holding company” means a
   29  Florida entity, such as a Florida limited liability company,
   30  that:
   31         a.Is wholly owned by the business firm.
   32         b.Is the sole owner of real property, as defined in s.
   33  192.001(12), located in the state.
   34         c.Is disregarded as an entity for federal income tax
   35  purposes pursuant to 26 C.F.R. s. 301.7701-3(b)(1)(ii).
   36         d.At the time of contribution to an eligible sponsor, has
   37  no material assets other than the real property and any other
   38  property that qualifies as a community contribution.
   39         3. Goods or inventory.
   40         4. Other physical resources as identified by the
   41  department.
   42  
   43  This paragraph expires June 30, 2018.
   44         Section 2. Paragraph (p) of subsection (5) of section
   45  212.08, Florida Statutes, is amended to read:
   46         212.08 Sales, rental, use, consumption, distribution, and
   47  storage tax; specified exemptions.—The sale at retail, the
   48  rental, the use, the consumption, the distribution, and the
   49  storage to be used or consumed in this state of the following
   50  are hereby specifically exempt from the tax imposed by this
   51  chapter.
   52         (5) EXEMPTIONS; ACCOUNT OF USE.—
   53         (p) Community contribution tax credit for donations.—
   54         1. Authorization.—Persons who are registered with the
   55  department under s. 212.18 to collect or remit sales or use tax
   56  and who make donations to eligible sponsors are eligible for tax
   57  credits against their state sales and use tax liabilities as
   58  provided in this paragraph:
   59         a. The credit shall be computed as 50 percent of the
   60  person’s approved annual community contribution.
   61         b. The credit shall be granted as a refund against state
   62  sales and use taxes reported on returns and remitted in the 12
   63  months preceding the date of application to the department for
   64  the credit as required in sub-subparagraph 3.c. If the annual
   65  credit is not fully used through such refund because of
   66  insufficient tax payments during the applicable 12-month period,
   67  the unused amount may be included in an application for a refund
   68  made pursuant to sub-subparagraph 3.c. in subsequent years
   69  against the total tax payments made for such year. Carryover
   70  credits may be applied for a 3-year period without regard to any
   71  time limitation that would otherwise apply under s. 215.26.
   72         c. A person may not receive more than $200,000 in annual
   73  tax credits for all approved community contributions made in any
   74  one year.
   75         d. All proposals for the granting of the tax credit require
   76  the prior approval of the Department of Economic Opportunity.
   77         e. The total amount of tax credits which may be granted for
   78  all programs approved under this paragraph, s. 220.183, and s.
   79  624.5105 is $18.4 million in the 2015-2016 fiscal year, $21.4
   80  million in the 2016-2017 fiscal year, and $21.4 million in the
   81  2017-2018 fiscal year for projects that provide housing
   82  opportunities for persons with special needs or homeownership
   83  opportunities for low-income households or very-low-income
   84  households and $3.5 million annually for all other projects. As
   85  used in this paragraph, the term “person with special needs” has
   86  the same meaning as in s. 420.0004 and the terms “low-income
   87  person,” “low-income household,” “very-low-income person,” and
   88  “very-low-income household” have the same meanings as in s.
   89  420.9071.
   90         f. A person who is eligible to receive the credit provided
   91  in this paragraph, s. 220.183, or s. 624.5105 may receive the
   92  credit only under one section of the person’s choice.
   93         2. Eligibility requirements.—
   94         a. A community contribution by a person must be in the
   95  following form:
   96         (I) Cash or other liquid assets;
   97         (II) Real property, including 100 percent ownership of a
   98  real property holding company;
   99         (III) Goods or inventory; or
  100         (IV) Other physical resources identified by the Department
  101  of Economic Opportunity.
  102  
  103  For purposes of this subparagraph, the term “real property
  104  holding company” means a Florida entity, such as a Florida
  105  limited liability company, that is wholly owned by the person;
  106  is the sole owner of real property, as defined in s.
  107  192.001(12), located in the state; is disregarded as an entity
  108  for federal income tax purposes pursuant to 26 C.F.R. s.
  109  301.7701-3(b)(1)(ii); and at the time of contribution to an
  110  eligible sponsor, has no material assets other than the real
  111  property and any other property that qualifies as a community
  112  contribution.
  113         b. All community contributions must be reserved exclusively
  114  for use in a project. As used in this sub-subparagraph, the term
  115  “project” means activity undertaken by an eligible sponsor which
  116  is designed to construct, improve, or substantially rehabilitate
  117  housing that is affordable to low-income households or very-low
  118  income households; designed to provide housing opportunities for
  119  persons with special needs; designed to provide commercial,
  120  industrial, or public resources and facilities; or designed to
  121  improve entrepreneurial and job-development opportunities for
  122  low-income persons. A project may be the investment necessary to
  123  increase access to high-speed broadband capability in a rural
  124  community that had an enterprise zone designated pursuant to
  125  chapter 290 as of May 1, 2015, including projects that result in
  126  improvements to communications assets that are owned by a
  127  business. A project may include the provision of museum
  128  educational programs and materials that are directly related to
  129  a project approved between January 1, 1996, and December 31,
  130  1999, and located in an area which was in an enterprise zone
  131  designated pursuant to s. 290.0065 as of May 1, 2015. This
  132  paragraph does not preclude projects that propose to construct
  133  or rehabilitate housing for low-income households or very-low
  134  income households on scattered sites or housing opportunities
  135  for persons with special needs. With respect to housing,
  136  contributions may be used to pay the following eligible special
  137  needs, low-income, and very-low-income housing-related
  138  activities:
  139         (I) Project development impact and management fees for
  140  special needs, low-income, or very-low-income housing projects;
  141         (II) Down payment and closing costs for persons with
  142  special needs, low-income persons, and very-low-income persons;
  143         (III) Administrative costs, including housing counseling
  144  and marketing fees, not to exceed 10 percent of the community
  145  contribution, directly related to special needs, low-income, or
  146  very-low-income projects; and
  147         (IV) Removal of liens recorded against residential property
  148  by municipal, county, or special district local governments if
  149  satisfaction of the lien is a necessary precedent to the
  150  transfer of the property to a low-income person or very-low
  151  income person for the purpose of promoting home ownership.
  152  Contributions for lien removal must be received from a
  153  nonrelated third party.
  154         c. The project must be undertaken by an “eligible sponsor,”
  155  which includes:
  156         (I) A community action program;
  157         (II) A nonprofit community-based development organization
  158  whose mission is the provision of housing for persons with
  159  specials needs, low-income households, or very-low-income
  160  households or increasing entrepreneurial and job-development
  161  opportunities for low-income persons;
  162         (III) A neighborhood housing services corporation;
  163         (IV) A local housing authority created under chapter 421;
  164         (V) A community redevelopment agency created under s.
  165  163.356;
  166         (VI) A historic preservation district agency or
  167  organization;
  168         (VII) A regional workforce board;
  169         (VIII) A direct-support organization as provided in s.
  170  1009.983;
  171         (IX) An enterprise zone development agency created under s.
  172  290.0056;
  173         (X) A community-based organization incorporated under
  174  chapter 617 which is recognized as educational, charitable, or
  175  scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
  176  and whose bylaws and articles of incorporation include
  177  affordable housing, economic development, or community
  178  development as the primary mission of the corporation;
  179         (XI) Units of local government;
  180         (XII) Units of state government; or
  181         (XIII) Any other agency that the Department of Economic
  182  Opportunity designates by rule.
  183  
  184  A contributing person may not have a financial interest in the
  185  eligible sponsor.
  186         d. The project must be located in an area which was in an
  187  enterprise zone designated pursuant to chapter 290 as of May 1,
  188  2015, or a Front Porch Florida Community, unless the project
  189  increases access to high-speed broadband capability in a rural
  190  community that had an enterprise zone designated pursuant to
  191  chapter 290 as of May 1, 2015, but is physically located outside
  192  the designated rural zone boundaries. Any project designed to
  193  construct or rehabilitate housing for low-income households or
  194  very-low-income households or housing opportunities for persons
  195  with special needs is exempt from the area requirement of this
  196  sub-subparagraph.
  197         e.(I) If, during the first 10 business days of the state
  198  fiscal year, eligible tax credit applications for projects that
  199  provide housing opportunities for persons with special needs or
  200  homeownership opportunities for low-income households or very
  201  low-income households are received for less than the annual tax
  202  credits available for those projects, the Department of Economic
  203  Opportunity shall grant tax credits for those applications and
  204  grant remaining tax credits on a first-come, first-served basis
  205  for subsequent eligible applications received before the end of
  206  the state fiscal year. If, during the first 10 business days of
  207  the state fiscal year, eligible tax credit applications for
  208  projects that provide housing opportunities for persons with
  209  special needs or homeownership opportunities for low-income
  210  households or very-low-income households are received for more
  211  than the annual tax credits available for those projects, the
  212  Department of Economic Opportunity shall grant the tax credits
  213  for those applications as follows:
  214         (A) If tax credit applications submitted for approved
  215  projects of an eligible sponsor do not exceed $200,000 in total,
  216  the credits shall be granted in full if the tax credit
  217  applications are approved.
  218         (B) If tax credit applications submitted for approved
  219  projects of an eligible sponsor exceed $200,000 in total, the
  220  amount of tax credits granted pursuant to sub-sub-sub
  221  subparagraph (A) shall be subtracted from the amount of
  222  available tax credits, and the remaining credits shall be
  223  granted to each approved tax credit application on a pro rata
  224  basis.
  225         (II) If, during the first 10 business days of the state
  226  fiscal year, eligible tax credit applications for projects other
  227  than those that provide housing opportunities for persons with
  228  special needs or homeownership opportunities for low-income
  229  households or very-low-income households are received for less
  230  than the annual tax credits available for those projects, the
  231  Department of Economic Opportunity shall grant tax credits for
  232  those applications and shall grant remaining tax credits on a
  233  first-come, first-served basis for subsequent eligible
  234  applications received before the end of the state fiscal year.
  235  If, during the first 10 business days of the state fiscal year,
  236  eligible tax credit applications for projects other than those
  237  that provide housing opportunities for persons with special
  238  needs or homeownership opportunities for low-income households
  239  or very-low-income households are received for more than the
  240  annual tax credits available for those projects, the Department
  241  of Economic Opportunity shall grant the tax credits for those
  242  applications on a pro rata basis.
  243         3. Application requirements.—
  244         a. An eligible sponsor seeking to participate in this
  245  program must submit a proposal to the Department of Economic
  246  Opportunity which sets forth the name of the sponsor, a
  247  description of the project, and the area in which the project is
  248  located, together with such supporting information as is
  249  prescribed by rule. The proposal must also contain a resolution
  250  from the local governmental unit in which the project is located
  251  certifying that the project is consistent with local plans and
  252  regulations.
  253         b. A person seeking to participate in this program must
  254  submit an application for tax credit to the Department of
  255  Economic Opportunity which sets forth the name of the sponsor, a
  256  description of the project, and the type, value, and purpose of
  257  the contribution. The sponsor shall verify, in writing, the
  258  terms of the application and indicate its receipt of the
  259  contribution, and such verification must accompany the
  260  application for tax credit. The person must submit a separate
  261  tax credit application to the Department of Economic Opportunity
  262  for each individual contribution that it makes to each
  263  individual project.
  264         c. A person who has received notification from the
  265  Department of Economic Opportunity that a tax credit has been
  266  approved must apply to the department to receive the refund.
  267  Application must be made on the form prescribed for claiming
  268  refunds of sales and use taxes and be accompanied by a copy of
  269  the notification. A person may submit only one application for
  270  refund to the department within a 12-month period.
  271         4. Administration.—
  272         a. The Department of Economic Opportunity may adopt rules
  273  necessary to administer this paragraph, including rules for the
  274  approval or disapproval of proposals by a person.
  275         b. The decision of the Department of Economic Opportunity
  276  must be in writing, and, if approved, the notification shall
  277  state the maximum credit allowable to the person. Upon approval,
  278  the Department of Economic Opportunity shall transmit a copy of
  279  the decision to the department.
  280         c. The Department of Economic Opportunity shall
  281  periodically monitor all projects in a manner consistent with
  282  available resources to ensure that resources are used in
  283  accordance with this paragraph; however, each project must be
  284  reviewed at least once every 2 years.
  285         d. The Department of Economic Opportunity shall, in
  286  consultation with the statewide and regional housing and
  287  financial intermediaries, market the availability of the
  288  community contribution tax credit program to community-based
  289  organizations.
  290         5. Expiration.—This paragraph expires June 30, 2018;
  291  however, any accrued credit carryover that is unused on that
  292  date may be used until the expiration of the 3-year carryover
  293  period for such credit.
  294         Section 3. Paragraph (a) of subsection (5) of section
  295  624.5105, Florida Statutes, is amended to read:
  296         624.5105 Community contribution tax credit; authorization;
  297  limitations; eligibility and application requirements;
  298  administration; definitions; expiration.—
  299         (5) DEFINITIONS.—As used in this section, the term:
  300         (a) “Community contribution” means the grant by an insurer
  301  of any of the following items:
  302         1. Cash or other liquid assets.
  303         2. Real property, including 100 percent ownership of a real
  304  property holding company.
  305         3. Goods or inventory.
  306         4. Other physical resources which are identified by the
  307  department.
  308  
  309  For purposes of this paragraph, the term “real property holding
  310  company” means a Florida entity, such as a Florida limited
  311  liability company, that is wholly owned by the insurer; is the
  312  sole owner of real property, as defined in s. 192.001(12),
  313  located in the state; is disregarded as an entity for federal
  314  income tax purposes pursuant to 26 C.F.R. s. 301.7701
  315  3(b)(1)(ii); and at the time of contribution to an eligible
  316  sponsor, has no material assets other than the real property and
  317  any other property that qualifies as a community contribution.
  318         Section 4. This act shall take effect July 1, 2016.