HB 1221CS

CHAMBER ACTION




1The Committee on Commerce recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to corporate income tax credits; amending
7s. 220.02, F.S.; revising legislative intent; revising the
8order of taking certain credits against the corporate
9income tax or the franchise tax to include the corporate
10income tax credit for certain small businesses providing
11employee health care insurance; amending s. 220.13, F.S.;
12revising additions to adjusted federal income to include
13the corporate income tax credit for certain small
14businesses providing employee health care insurance;
15creating s. 220.192, F.S.; providing a credit against the
16corporate income tax for certain small businesses for
17providing employee health care insurance; providing
18requirements, limitations, and eligibility criteria for
19the credit; authorizing the Department of Revenue to adopt
20rules; providing an effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Subsection (8) of section 220.02, Florida
25Statutes, is amended to read:
26     220.02  Legislative intent.--
27     (8)  It is the intent of the Legislature that credits
28against either the corporate income tax or the franchise tax be
29applied in the following order: those enumerated in s. 631.828,
30those enumerated in s. 220.191, those enumerated in s. 220.181,
31those enumerated in s. 220.183, those enumerated in s. 220.182,
32those enumerated in s. 220.1895, those enumerated in s. 221.02,
33those enumerated in s. 220.184, those enumerated in s. 220.186,
34those enumerated in s. 220.1845, those enumerated in s. 220.19,
35those enumerated in s. 220.185, and those enumerated in s.
36220.187, and those enumerated in s. 220.192.
37     Section 2.  Paragraph (a) of subsection (1) of section
38220.13, Florida Statutes, is amended to read:
39     220.13  "Adjusted federal income" defined.--
40     (1)  The term "adjusted federal income" means an amount
41equal to the taxpayer's taxable income as defined in subsection
42(2), or such taxable income of more than one taxpayer as
43provided in s. 220.131, for the taxable year, adjusted as
44follows:
45     (a)  Additions.--There shall be added to such taxable
46income:
47     1.  The amount of any tax upon or measured by income,
48excluding taxes based on gross receipts or revenues, paid or
49accrued as a liability to the District of Columbia or any state
50of the United States which is deductible from gross income in
51the computation of taxable income for the taxable year.
52     2.  The amount of interest which is excluded from taxable
53income under s. 103(a) of the Internal Revenue Code or any other
54federal law, less the associated expenses disallowed in the
55computation of taxable income under s. 265 of the Internal
56Revenue Code or any other law, excluding 60 percent of any
57amounts included in alternative minimum taxable income, as
58defined in s. 55(b)(2) of the Internal Revenue Code, if the
59taxpayer pays tax under s. 220.11(3).
60     3.  In the case of a regulated investment company or real
61estate investment trust, an amount equal to the excess of the
62net long-term capital gain for the taxable year over the amount
63of the capital gain dividends attributable to the taxable year.
64     4.  That portion of the wages or salaries paid or incurred
65for the taxable year which is equal to the amount of the credit
66allowable for the taxable year under s. 220.181. The provisions
67of this subparagraph shall expire and be void on June 30, 2005.
68     5.  That portion of the ad valorem school taxes paid or
69incurred for the taxable year which is equal to the amount of
70the credit allowable for the taxable year under s. 220.182. The
71provisions of this subparagraph shall expire and be void on June
7230, 2005.
73     6.  The amount of emergency excise tax paid or accrued as a
74liability to this state under chapter 221 which tax is
75deductible from gross income in the computation of taxable
76income for the taxable year.
77     7.  That portion of assessments to fund a guaranty
78association incurred for the taxable year which is equal to the
79amount of the credit allowable for the taxable year.
80     8.  In the case of a nonprofit corporation which holds a
81pari-mutuel permit and which is exempt from federal income tax
82as a farmers' cooperative, an amount equal to the excess of the
83gross income attributable to the pari-mutuel operations over the
84attributable expenses for the taxable year.
85     9.  The amount taken as a credit for the taxable year under
86s. 220.1895.
87     10.  Up to nine percent of the eligible basis of any
88designated project which is equal to the credit allowable for
89the taxable year under s. 220.185.
90     11.  The amount taken as a credit for the taxable year
91under s. 220.187.
92     12.  The amount taken as a credit for the taxable year
93under s. 220.192.
94     Section 3.  Section 220.192, Florida Statutes, is created
95to read:
96     220.192  Credits for small businesses providing health care
97insurance for their employees.--
98     (1)(a)  Retroactive to January 1, 2004, and applying on a
99prorated basis to tax years ending on or after January 1, 2004,
100there shall be allowed a credit against the tax imposed by this
101chapter to any small business as defined by s. 288.703(1) that
102provides health care insurance for its employees consisting of
103the coverages provided in chapter 627.
104     (b)  The credit shall be computed as the amount paid in
105premiums by the business claiming the credit to provide health
106care insurance for employees of the business, not to exceed
107$1,000 per tax year.
108     (2)(a)  If the credit is not fully used in any one year,
109the unused amount may be carried forward for a period not to
110exceed 5 years. The carryover credit may be used in a subsequent
111year when the tax imposed by this chapter for such year exceeds
112the credit for such year after applying the other credits and
113unused credit carryovers in the order provided in s. 220.02(8).
114     (b)  Small businesses shall provide documentation of
115eligibility to claim the tax credit pursuant to this section to
116the department in a form and manner prescribed by rules of the
117department.
118     (c)  The department shall adopt rules necessary to
119administer this section, including rules establishing
120application forms and procedures.
121     Section 4.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.