Florida Senate - 2012                                     SB 160
       
       
       
       By Senator Ring
       
       
       
       
       32-00087-12                                            2012160__
    1                        A bill to be entitled                      
    2         An act relating to employment of the homeless;
    3         amending s. 220.02, F.S.; specifying the order for
    4         applying the tax credit for employment of the
    5         homeless; amending s. 220.13, F.S.; redefining the
    6         term “adjusted federal income” to include an
    7         adjustment for such tax credit; creating s. 220.197,
    8         F.S.; providing definitions; providing a tax credit
    9         for a corporation that hires a homeless person
   10         residing in a transitional, permanent supportive, or
   11         permanent housing facility; specifying the information
   12         that must be provided to the Department of Revenue
   13         when applying for the credit; providing for the
   14         carryover of unused credits; requiring that the
   15         application be filed with the department by a
   16         specified date each year; providing penalties for
   17         fraudulently claiming the tax credit; limiting the
   18         total amount of tax credits that may be granted per
   19         taxable year; authorizing the department to adopt
   20         rules; providing for the expiration of the tax credit;
   21         requiring that the department collect certain data;
   22         providing an effective date.
   23  
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsection (8) of section 220.02, Florida
   27  Statutes, is amended to read:
   28         220.02 Legislative intent.—
   29         (8) It is the intent of the Legislature that credits
   30  against either the corporate income tax or the franchise tax be
   31  applied in the following order: those enumerated in s. 631.828,
   32  those enumerated in s. 220.191, those enumerated in s. 220.181,
   33  those enumerated in s. 220.183, those enumerated in s. 220.182,
   34  those enumerated in s. 220.1895, those enumerated in s. 220.195,
   35  those enumerated in s. 220.184, those enumerated in s. 220.186,
   36  those enumerated in s. 220.1845, those enumerated in s. 220.19,
   37  those enumerated in s. 220.185, those enumerated in s. 220.1875,
   38  those enumerated in s. 220.192, those enumerated in s. 220.193,
   39  those enumerated in s. 288.9916, those enumerated in s.
   40  220.1899, those enumerated in s. 220.1896, those enumerated in
   41  s. 220.194, and those enumerated in s. 220.196, and those
   42  enumerated under s. 220.197.
   43         Section 2. Paragraph (a) of subsection (1) of section
   44  220.13, Florida Statutes, is amended to read:
   45         220.13 “Adjusted federal income” defined.—
   46         (1) The term “adjusted federal income” means an amount
   47  equal to the taxpayer’s taxable income as defined in subsection
   48  (2), or such taxable income of more than one taxpayer as
   49  provided in s. 220.131, for the taxable year, adjusted as
   50  follows:
   51         (a) Additions.—There shall be added to such taxable income:
   52         1. The amount of any tax upon or measured by income,
   53  excluding taxes based on gross receipts or revenues, paid or
   54  accrued as a liability to the District of Columbia or any state
   55  of the United States which is deductible from gross income in
   56  the computation of taxable income for the taxable year.
   57         2. The amount of interest which is excluded from taxable
   58  income under s. 103(a) of the Internal Revenue Code or any other
   59  federal law, less the associated expenses disallowed in the
   60  computation of taxable income under s. 265 of the Internal
   61  Revenue Code or any other law, excluding 60 percent of any
   62  amounts included in alternative minimum taxable income, as
   63  defined in s. 55(b)(2) of the Internal Revenue Code, if the
   64  taxpayer pays tax under s. 220.11(3).
   65         3. In the case of a regulated investment company or real
   66  estate investment trust, an amount equal to the excess of the
   67  net long-term capital gain for the taxable year over the amount
   68  of the capital gain dividends attributable to the taxable year.
   69         4. That portion of the wages or salaries paid or incurred
   70  for the taxable year which is equal to the amount of the credit
   71  allowable for the taxable year under s. 220.181. This
   72  subparagraph shall expire on the date specified in s. 290.016
   73  for the expiration of the Florida Enterprise Zone Act.
   74         5. That portion of the ad valorem school taxes paid or
   75  incurred for the taxable year which is equal to the amount of
   76  the credit allowable for the taxable year under s. 220.182. This
   77  subparagraph shall expire on the date specified in s. 290.016
   78  for the expiration of the Florida Enterprise Zone Act.
   79         6. The amount taken as a credit under s. 220.195 which is
   80  deductible from gross income in the computation of taxable
   81  income for the taxable year.
   82         7. That portion of assessments to fund a guaranty
   83  association incurred for the taxable year which is equal to the
   84  amount of the credit allowable for the taxable year.
   85         8. In the case of a nonprofit corporation which holds a
   86  pari-mutuel permit and which is exempt from federal income tax
   87  as a farmers’ cooperative, an amount equal to the excess of the
   88  gross income attributable to the pari-mutuel operations over the
   89  attributable expenses for the taxable year.
   90         9. The amount taken as a credit for the taxable year under
   91  s. 220.1895.
   92         10. Up to nine percent of the eligible basis of any
   93  designated project which is equal to the credit allowable for
   94  the taxable year under s. 220.185.
   95         11. The amount taken as a credit for the taxable year under
   96  s. 220.1875. The addition in this subparagraph is intended to
   97  ensure that the same amount is not allowed for the tax purposes
   98  of this state as both a deduction from income and a credit
   99  against the tax. This addition is not intended to result in
  100  adding the same expense back to income more than once.
  101         12. The amount taken as a credit for the taxable year under
  102  s. 220.192.
  103         13. The amount taken as a credit for the taxable year under
  104  s. 220.193.
  105         14. Any portion of a qualified investment, as defined in s.
  106  288.9913, which is claimed as a deduction by the taxpayer and
  107  taken as a credit against income tax pursuant to s. 288.9916.
  108         15. The costs to acquire a tax credit pursuant to s.
  109  288.1254(5) that are deducted from or otherwise reduce federal
  110  taxable income for the taxable year.
  111         16. The amount taken as a credit for the taxable year
  112  pursuant to s. 220.194.
  113         17. The amount taken as a credit for the taxable year under
  114  s. 220.196. The addition in this subparagraph is intended to
  115  ensure that the same amount is not allowed for the tax purposes
  116  of this state as both a deduction from income and a credit
  117  against the tax. The addition is not intended to result in
  118  adding the same expense back to income more than once.
  119         18.The amount taken as a credit for the taxable year under
  120  s. 220.197.
  121         Section 3. Section 220.197, Florida Statutes, is created to
  122  read:
  123         220.197Tax credit for employment of the homeless.—
  124         (1)As used in this section, the term:
  125         (a)“Continuously employed” means that an employee has
  126  worked for the corporation for at least 80 hours during each 30
  127  day period and has been employed at least 6 months following the
  128  date that the employee began working for the corporation on or
  129  after July 1, 2012.
  130         (b)“Homeless person” means an individual whose primary
  131  nighttime residence is a transitional, permanent supportive, or
  132  permanent housing facility.
  133         (c)“Transitional, permanent supportive, or permanent
  134  housing facility” means a facility located in the state which
  135  is:
  136         1. A supervised, publicly or privately operated shelter
  137  that is designed to provide temporary living accommodations,
  138  including welfare hotels, congregate shelters, and transitional
  139  housing for the mentally ill, and that receives federal homeless
  140  assistance funding distributed by the United States Department
  141  of Housing and Urban Development.
  142         2. An emergency shelter that receives county homeless
  143  assistance funding.
  144         (2)For taxable years beginning on or after January 1,
  145  2013, a tax credit of $1,000 shall be allowed to a corporation
  146  against any corporate income tax due under this chapter if the
  147  corporation hires a homeless person who resides in an emergency
  148  shelter, or a transitional, permanent supportive, or permanent
  149  housing facility at the time he or she begins employment and who
  150  remains continuously employed by the corporation for at least 6
  151  months. The tax credit may be taken only once per new employee.
  152         (3)Upon applying for the credit, the corporation must
  153  provide the department with the following information:
  154         (a)For each new employee for whom the credit is claimed:
  155         1.The employee’s name, social security number, and current
  156  address or, if the employee is no longer employed, the last
  157  known address of the person while employed by the corporation;
  158         2.The address of the transitional, permanent supportive,
  159  or permanent housing facility where the employee was residing at
  160  the time he or she began employment and documentation from the
  161  facility which demonstrates that the employee qualified for and
  162  was residing at the facility at the time he or she began
  163  employment; and
  164         3.The salary or hourly wages paid to the new employee
  165  during the taxable year.
  166         (b)The total salary or hourly wages paid during the
  167  taxable year to each employee who is still employed by the
  168  corporation and for whom the tax credit was claimed in a prior
  169  taxable year.
  170         (4)If the credit is not fully used in any one year, the
  171  unused amount may be carried forward for up to 5 years. The
  172  carryover credit may be used in a subsequent year if the tax
  173  imposed by this chapter exceeds the credit for the year after
  174  applying any other credits and unused credit carryovers in the
  175  order provided in s. 220.02(8).
  176         (5)The corporation applying for the credit must
  177  affirmatively demonstrate to the satisfaction of the department
  178  that it meets the requirements in this section. An application
  179  must be filed with the department by February 1 of each year for
  180  an allocation of the previous year’s credit. The application
  181  must show that all of the requirements in this section were met
  182  during the preceding calendar year.
  183         (6)Any person who fraudulently claims the credit is liable
  184  for payment of the credit, plus a mandatory penalty in the
  185  amount of 200 percent of the credit and interest at the rate
  186  provided in s. 220.807, and commits a felony of the third
  187  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  188  775.084.
  189         (7)The total amount of tax credit which may be granted
  190  under this section is $2 million per calendar year. If the total
  191  amount of tax credit for applications submitted in a given
  192  calendar year exceeds $2 million, the amount of tax credit per
  193  applicant shall be granted on a pro rata basis. If the full
  194  amount of the tax credit is not allowed due to the $2 million
  195  annual limitation, the balance shall be allowed in the following
  196  tax year. The amount not allowed in the previous tax year shall
  197  be allowed in full prior to the pro rata allocation of tax
  198  credit in the following tax year.
  199         (8)The department may adopt rules and forms to administer
  200  this section.
  201         (9)This section expires December 31, 2017, except for
  202  subsections (3) and (8), which expire December 31, 2023. In
  203  determining whether to reenact this section, the Legislature
  204  shall consider whether the revenue generated from wages paid to
  205  qualifying employees outweighs the cost to the state in terms of
  206  the amount of taxes waived. The department shall collect and
  207  maintain data relating to the total amount of wages paid to
  208  employees for whom a tax credit has been claimed in order to
  209  assist the Legislature in making its determination.
  210         Section 4. This act shall take effect July 1, 2012.