Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 942
       
       
       
       
       
       
                                Barcode 263742                          
       
                              LEGISLATIVE ACTION                        
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       The Committee on Budget Subcommittee on Finance and Tax
       (Bogdanoff) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (1) of section
    6  220.13, Florida Statutes, is amended to read:
    7         220.13 “Adjusted federal income” defined.—
    8         (1) The term “adjusted federal income” means an amount
    9  equal to the taxpayer’s taxable income as defined in subsection
   10  (2), or such taxable income of more than one taxpayer as
   11  provided in s. 220.131, for the taxable year, adjusted as
   12  follows:
   13         (a) Additions.—There shall be added to such taxable income:
   14         1. The amount of any tax upon or measured by income,
   15  excluding taxes based on gross receipts or revenues, paid or
   16  accrued as a liability to the District of Columbia or any state
   17  of the United States which is deductible from gross income in
   18  the computation of taxable income for the taxable year.
   19         2. The amount of interest which is excluded from taxable
   20  income under s. 103(a) of the Internal Revenue Code or any other
   21  federal law, less the associated expenses disallowed in the
   22  computation of taxable income under s. 265 of the Internal
   23  Revenue Code or any other law, excluding 60 percent of any
   24  amounts included in alternative minimum taxable income, as
   25  defined in s. 55(b)(2) of the Internal Revenue Code, if the
   26  taxpayer pays tax under s. 220.11(3).
   27         3. In the case of a regulated investment company or real
   28  estate investment trust, an amount equal to the excess of the
   29  net long-term capital gain for the taxable year over the amount
   30  of the capital gain dividends attributable to the taxable year.
   31         4. That portion of the wages or salaries paid or incurred
   32  for the taxable year which is equal to the amount of the credit
   33  allowable for the taxable year under s. 220.181. This
   34  subparagraph shall expire on the date specified in s. 290.016
   35  for the expiration of the Florida Enterprise Zone Act.
   36         5. That portion of the ad valorem school taxes paid or
   37  incurred for the taxable year which is equal to the amount of
   38  the credit allowable for the taxable year under s. 220.182. This
   39  subparagraph shall expire on the date specified in s. 290.016
   40  for the expiration of the Florida Enterprise Zone Act.
   41         6. The amount of emergency excise tax paid or accrued as a
   42  liability to this state under chapter 221 which tax is
   43  deductible from gross income in the computation of taxable
   44  income for the taxable year.
   45         7. That portion of assessments to fund a guaranty
   46  association incurred for the taxable year which is equal to the
   47  amount of the credit allowable for the taxable year.
   48         8. In the case of a nonprofit corporation which holds a
   49  pari-mutuel permit and which is exempt from federal income tax
   50  as a farmers’ cooperative, an amount equal to the excess of the
   51  gross income attributable to the pari-mutuel operations over the
   52  attributable expenses for the taxable year.
   53         9. The amount taken as a credit for the taxable year under
   54  s. 220.1895.
   55         10. Up to nine percent of the eligible basis of any
   56  designated project which is equal to the credit allowable for
   57  the taxable year under s. 220.185.
   58         11. The amount taken as a credit for the taxable year under
   59  s. 220.1875. The addition in this subparagraph is intended to
   60  ensure that the same amount is not allowed for the tax purposes
   61  of this state as both a deduction from income and a credit
   62  against the tax. This addition is not intended to result in
   63  adding the same expense back to income more than once.
   64         12. The amount taken as a credit for the taxable year under
   65  s. 220.192.
   66         13. The amount taken as a credit for the taxable year under
   67  s. 220.193.
   68         14. Any portion of a qualified investment, as defined in s.
   69  288.9913, which is claimed as a deduction by the taxpayer and
   70  taken as a credit against income tax pursuant to s. 288.9916.
   71         15. The costs to acquire a tax credit pursuant to s.
   72  288.1254(5) that are deducted from or otherwise reduce federal
   73  taxable income for the taxable year.
   74         16. The amount taken as a credit for the taxable year under
   75  s. 220.194.
   76         Section 2. Section 220.194, Florida Statutes, is created to
   77  read:
   78         220.194Research and development tax credit.—
   79         (1) DEFINITIONS.—As used in this section, the term:
   80         (a) “Base amount” means the average of the business
   81  enterprise’s qualified research expenses in this state allowed
   82  under 26 U.S.C. s. 41 for the 4 taxable years preceding the
   83  taxable year for which the credit is determined. The qualified
   84  research expenses taken into account in computing the base
   85  amount shall be determined on a basis consistent with the
   86  determination of qualified research expenses for the taxable
   87  year.
   88         (b)“Business enterprise” means any corporation as defined
   89  in s. 220.03 which meets the definition of a target industry
   90  business as defined in s. 288.106.
   91         (c)“Qualified research expenses” mean research expenses
   92  qualifying for the credit under 26 U.S.C. s. 41 for in-house
   93  research expenses incurred in this state or contract research
   94  expenses incurred in this state. The term does not include
   95  research conducted outside this state or research expenses that
   96  do not qualify for a credit under 26 U.S.C. s. 41.
   97         (2)TAX CREDIT.Subject to the limitations contained in
   98  paragraph (e), a business enterprise is eligible for a credit
   99  against the tax imposed by this chapter if the business
  100  enterprise has qualified research expenses in this state in the
  101  taxable year exceeding the base amount and, for the same taxable
  102  year, claims and is allowed a research credit for such qualified
  103  research expenses under 26 U.S.C. s. 41.
  104         (a)The tax credit shall be 10 percent of the excess
  105  qualified research expenses over the base amount. However, the
  106  maximum tax credit for a business enterprise that has not been
  107  in existence for at least 4 taxable years immediately preceding
  108  the taxable year is reduced by 25 percent for each taxable year
  109  for which the business enterprise, or a predecessor corporation
  110  that was a business enterprise, did not exist.
  111         (b)The credit taken in any taxable year may not exceed 50
  112  percent of the business enterprise’s remaining net income tax
  113  liability under this chapter after all other credits have been
  114  applied under s. 220.02(8).
  115         (c)Any unused credit authorized under this section may be
  116  carried forward and claimed by the taxpayer for up to 5 years
  117  following the close of the taxable year in which the qualified
  118  research expenses are incurred.
  119         (d)The combined total amount of tax credits which may be
  120  granted to all business enterprises under this section during
  121  any calendar year is $15 million. Applications may be filed with
  122  the department on or after March 20 for qualified research
  123  expenses incurred within the preceding calendar year, and
  124  credits shall be granted in the order in which completed
  125  applications are received.
  126         (3) RECALCULATION OF CREDIT AMOUNT.—If the amount of
  127  qualified research expenses is reduced as a result of a federal
  128  audit or examination, the credit granted pursuant to this
  129  section must be recalculated. The taxpayer must file amended
  130  returns for all affected years pursuant to s. 220.23(2), and the
  131  taxpayer must pay to the department the difference between the
  132  initial credit amount taken and the recalculated credit amount.
  133         (4)RULES.—The department may adopt rules to administer
  134  this section, including, but not limited to, rules prescribing
  135  forms and application procedures and dates, and may establish
  136  guidelines for making an affirmative showing of qualification
  137  for a credit and any evidence needed to substantiate a claim for
  138  credit under this section.
  139         Section 3. Subsection (8) of section 220.02, Florida
  140  Statutes, is amended to read:
  141         220.02 Legislative intent.—
  142         (8) It is the intent of the Legislature that credits
  143  against either the corporate income tax or the franchise tax be
  144  applied in the following order: those enumerated in s. 631.828,
  145  those enumerated in s. 220.191, those enumerated in s. 220.181,
  146  those enumerated in s. 220.183, those enumerated in s. 220.182,
  147  those enumerated in s. 220.1895, those enumerated in s. 221.02,
  148  those enumerated in s. 220.184, those enumerated in s. 220.186,
  149  those enumerated in s. 220.1845, those enumerated in s. 220.19,
  150  those enumerated in s. 220.185, those enumerated in s. 220.1875,
  151  those enumerated in s. 220.192, those enumerated in s. 220.193,
  152  those enumerated in s. 288.9916, those enumerated in s.
  153  220.1899, and those enumerated in s. 220.1896, and those
  154  enumerated in s. 220.194.
  155         Section 4. This act shall take effect July 1, 2011, and
  156  applies for taxable years beginning on or after January 1, 2012.
  157  
  158  ================= T I T L E  A M E N D M E N T ================
  159         And the title is amended as follows:
  160         Delete everything before the enacting clause
  161  and insert:
  162                        A bill to be entitled                      
  163         An act relating to tax credits for research and
  164         development; amending s. 220.13, F.S.; redefining the
  165         term “adjusted federal income” to include the amount
  166         of a certain research and development tax credit;
  167         creating s. 220.194, F.S.; providing definitions;
  168         providing a tax credit for certain research and
  169         development expenses; providing eligibility
  170         requirements for research and development tax credits;
  171         providing limitations regarding eligibility; providing
  172         an amount for such credit; providing a maximum amount
  173         of credit that may be taken during a taxable year by a
  174         business enterprise; providing that any unused credit
  175         may be carried forward for a specified period;
  176         limiting the total amount of tax credits which may be
  177         approved by the department in a calendar year;
  178         providing that applications for credits may be filed
  179         on or after a specified date; requiring that the
  180         credits be granted in the order in which applications
  181         are received; requiring the recalculation of a credit
  182         under certain circumstances; authorizing the
  183         department to adopt rules; amending s. 220.02, F.S.;
  184         revising legislative intent to include the research
  185         and development tax credit in the ordered list
  186         according to which credits against corporate income
  187         tax or franchise tax are applied; providing for
  188         application; providing an effective date.