Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 596
       
       
       
       
       
       
                                Ì731766CÎ731766                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/02/2014           .                                
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       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 288.1046, Florida Statutes, is created
    6  to read:
    7         288.1046 Defense Works in Florida Incentive.—
    8         (1) As used in this section, the term:
    9         (a) “Florida prime contractor” means a business entity
   10  operating in this state that is awarded a prime contract.
   11         (b) “Florida small business subcontractor” means a business
   12  entity that:
   13         1. Maintains its primary place of business in the state;
   14         2. Has 250 or fewer employees at the time a qualified
   15  subcontract award is made;
   16         3. Is awarded a subcontract from a Florida prime
   17  contractor; and
   18         4. Has no subsidiary or affiliate business relationship to
   19  the prime contractor making the award.
   20         (c) “Prime contract” means a contract that is awarded
   21  directly from the Federal Government.
   22         (d) “Qualified defense work” means a prime contract awarded
   23  for manufacturing, engineering, construction, distribution,
   24  research, development, or other activities related to equipment,
   25  supplies, technology, or other goods or services that directly
   26  or indirectly support the United States Armed Forces or that can
   27  be reasonably determined to support national security, including
   28  space related activities.
   29         (e) “Qualified subcontract award” means qualified defense
   30  work, in part or in whole, subcontracted from a Florida prime
   31  contractor to a Florida small business subcontractor, which is
   32  executed in the state and valued at more than $250,000. The term
   33  does not include subcontracts executed before July 1, 2014.
   34         (2) A Florida prime contractor may apply to the department
   35  to certify that it may reduce its computation of adjusted
   36  federal income under s. 220.13 by an amount equal to 4 percent
   37  of the subcontract award if such prime contractor:
   38         (a) Is subject to chapter 220;
   39         (b) Is awarded qualified defense work; and
   40         (c) Awards a qualified subcontract award.
   41         (3) A Florida prime contractor may reduce its adjusted
   42  federal income under subsection (2) only for taxable years
   43  beginning on or after January 1, 2014, and must apply separately
   44  to the department for each qualified subcontract award and
   45  provide the department required documentation, including, but
   46  not limited to, the application for the award and copies of
   47  contracts, tax records, or employment records.
   48         (4) The department may establish application, approval,
   49  appeal, and accountability processes as necessary. The
   50  department may consult with Enterprise Florida, Inc., and the
   51  Florida Defense Support Task Force as necessary to administer
   52  this section.
   53         (a) Within 10 days after certifying a qualified subcontract
   54  award, the department shall provide:
   55         1. A letter certifying the award to the applicant; and
   56         2. A copy of the letter certifying the award to the
   57  Department of Revenue.
   58         (b) The department may certify, for each Florida prime
   59  contractor applicant per calendar year, up to $250 million in
   60  aggregate qualified subcontract awards.
   61         (c) The department may certify in total, per calendar year,
   62  up to $2.5 billion in aggregate qualified subcontract awards.
   63         (d) For a multiyear qualified subcontract award, the
   64  department shall certify the full amount of the award under
   65  paragraphs (b) and (c) in the calendar year it was awarded.
   66         (e) The Florida prime contractor may reduce its adjusted
   67  federal income under subsection (2) in the taxable years in
   68  which payments are made to the Florida small business
   69  subcontractor.
   70         (5) The department and the Department of Revenue may adopt
   71  rules to administer this section.
   72         Section 2. Paragraph (b) of subsection (1) of 220.13,
   73  Florida Statutes, is amended to read:
   74         220.13 “Adjusted federal income” defined.—
   75         (1) The term “adjusted federal income” means an amount
   76  equal to the taxpayer’s taxable income as defined in subsection
   77  (2), or such taxable income of more than one taxpayer as
   78  provided in s. 220.131, for the taxable year, adjusted as
   79  follows:
   80         (b) Subtractions.—
   81         1. There shall be subtracted from such taxable income:
   82         a. The net operating loss deduction allowable for federal
   83  income tax purposes under s. 172 of the Internal Revenue Code
   84  for the taxable year, except that any net operating loss that is
   85  transferred pursuant to s. 220.194(6) may not be deducted by the
   86  seller;,
   87         b. The net capital loss allowable for federal income tax
   88  purposes under s. 1212 of the Internal Revenue Code for the
   89  taxable year;,
   90         c. The excess charitable contribution deduction allowable
   91  for federal income tax purposes under s. 170(d)(2) of the
   92  Internal Revenue Code for the taxable year;, and
   93         d. The excess contributions deductions allowable for
   94  federal income tax purposes under s. 404 of the Internal Revenue
   95  Code for the taxable year.
   96  
   97  However, a net operating loss and a capital loss shall never be
   98  carried back as a deduction to a prior taxable year, but all
   99  deductions attributable to such losses shall be deemed net
  100  operating loss carryovers and capital loss carryovers,
  101  respectively, and treated in the same manner, to the same
  102  extent, and for the same time periods as are prescribed for such
  103  carryovers in ss. 172 and 1212, respectively, of the Internal
  104  Revenue Code.
  105         2. There shall be subtracted from such taxable income any
  106  amount to the extent included therein the following:
  107         a. Dividends treated as received from sources without the
  108  United States, as determined under s. 862 of the Internal
  109  Revenue Code.
  110         b. All amounts included in taxable income under s. 78 or s.
  111  951 of the Internal Revenue Code.
  112  
  113  However, as to any amount subtracted under this subparagraph,
  114  there shall be added to such taxable income all expenses
  115  deducted on the taxpayer’s return for the taxable year which are
  116  attributable, directly or indirectly, to such subtracted amount.
  117  Further, no amount shall be subtracted with respect to dividends
  118  paid or deemed paid by a Domestic International Sales
  119  Corporation.
  120         3. In computing “adjusted federal income” for taxable years
  121  beginning after December 31, 1976, there shall be allowed as a
  122  deduction the amount of wages and salaries paid or incurred
  123  within this state for the taxable year for which no deduction is
  124  allowed pursuant to s. 280C(a) of the Internal Revenue Code
  125  (relating to credit for employment of certain new employees).
  126         4. There shall be subtracted from such taxable income any
  127  amount of nonbusiness income included therein.
  128         5. There shall be subtracted any amount of taxes of foreign
  129  countries allowable as credits for taxable years beginning on or
  130  after September 1, 1985, under s. 901 of the Internal Revenue
  131  Code to any corporation which derived less than 20 percent of
  132  its gross income or loss for its taxable year ended in 1984 from
  133  sources within the United States, as described in s.
  134  861(a)(2)(A) of the Internal Revenue Code, not including credits
  135  allowed under ss. 902 and 960 of the Internal Revenue Code,
  136  withholding taxes on dividends within the meaning of sub
  137  subparagraph 2.a., and withholding taxes on royalties, interest,
  138  technical service fees, and capital gains.
  139         6. There shall be subtracted from such taxable income 4
  140  percent of the amount of the subcontract award certified by the
  141  Department of Economic Opportunity and paid to the subcontractor
  142  pursuant to s. 288.1046.
  143         7. Notwithstanding any other provision of this code, except
  144  with respect to amounts subtracted pursuant to subparagraphs 1.
  145  and 3., any increment of any apportionment factor which is
  146  directly related to an increment of gross receipts or income
  147  which is deducted, subtracted, or otherwise excluded in
  148  determining adjusted federal income shall be excluded from both
  149  the numerator and denominator of such apportionment factor.
  150  Further, all valuations made for apportionment factor purposes
  151  shall be made on a basis consistent with the taxpayer’s method
  152  of accounting for federal income tax purposes.
  153         Section 3. This act shall take effect July 1, 2014.
  154  
  155  ================= T I T L E  A M E N D M E N T ================
  156  And the title is amended as follows:
  157         Delete everything before the enacting clause
  158  and insert:
  159                        A bill to be entitled                      
  160         An act relating to defense contracting; creating s.
  161         288.1046, F.S.; defining terms; authorizing certain
  162         prime contractors to apply to the Department of
  163         Economic Opportunity to certify that such contractors
  164         may reduce their computation of adjusted federal
  165         income by a certain amount when awarded a prime
  166         contract; providing requirements to apply for a
  167         reduction in computation of income; requiring a prime
  168         contractor to apply separately for each qualified
  169         subcontract award and to provide documentation;
  170         providing guidelines for the department to certify an
  171         award; authorizing the department and the Department
  172         of Revenue to adopt rules; amending s. 220.13, F.S.;
  173         revising the definition of the term “adjusted federal
  174         income” for corporate income tax purposes; providing
  175         for certain reduction in computation of income, to
  176         conform; providing an effective date.