Florida Senate - 2015                                     SB 128
       
       
        
       By Senator Soto
       
       
       
       
       
       14-00031-15                                            2015128__
    1                        A bill to be entitled                      
    2         An act relating to a new small business tax credit;
    3         creating s. 220.197, F.S.; defining terms; providing a
    4         tax credit to new small businesses in a specified
    5         amount for qualified employees; limiting the total
    6         amount of tax credit that may be taken as a deduction;
    7         prohibiting receipt of the tax credit through a refund
    8         of taxes previously paid; requiring a business to
    9         apply to the Department of Revenue for tax credit
   10         approval; providing application requirements;
   11         requiring the department to provide notice of approval
   12         or of insufficiencies identified in the application
   13         within a specified period; authorizing an applicant to
   14         reapply if an application is deemed insufficient;
   15         authorizing an unused amount of tax credit to be
   16         carried forward for a specified period under certain
   17         circumstances; authorizing the department to adopt
   18         rules; amending ss. 220.02 and 220.13, F.S.;
   19         conforming provisions to changes made by the act;
   20         making technical corrections; providing an effective
   21         date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 220.197, Florida Statutes, is created to
   26  read:
   27         220.197 New small business tax credit.—
   28         (1) As used in this section, the term:
   29         (a) “New small business” or “business” means a taxpayer
   30  that:
   31         1. Employs fewer than 15 qualified employees at a site
   32  located in this state; and
   33         2. Has conducted an activity that is taxable under this
   34  chapter for 24 months or less.
   35         (b) “Qualified employee” means an individual employed by
   36  the business to perform duties in connection with the activities
   37  of the business for an average of at least 36 hours per week for
   38  at least 3 months.
   39         (2) A new small business may qualify for a tax credit under
   40  this section only once. If qualified, the business shall receive
   41  a $1,500 credit against any tax due under this chapter for each
   42  qualified employee, up to a maximum total credit of $21,000. The
   43  credit may only be taken as a deduction on a corporate income
   44  tax return and may not be received through a refund of taxes
   45  previously paid.
   46         (3) In order to qualify for a credit under this section, a
   47  business must apply to the department for approval by completing
   48  the department’s application form. An application for a credit
   49  must include all information required by the department to
   50  verify the applicant’s status as a new small business.
   51         (4) Within 15 business days after receipt of the
   52  application, the department shall notify the applicant in
   53  writing as to whether the application has been approved or
   54  deemed insufficient to support the credit. The department shall
   55  identify any insufficiency in the written notice. If the
   56  application is deemed insufficient, the applicant may reapply
   57  for the credit within 90 calendar days after its receipt of the
   58  written notice.
   59         (5) If the credit approved under this section is not fully
   60  used in a taxable year, the unused amount may be carried forward
   61  for 1 taxable year. The carryover credit may be used if the tax
   62  imposed by this chapter for such taxable year exceeds the credit
   63  under this section after applying other credits and unused
   64  credit carryovers in the order provided in s. 220.02(8).
   65         (6) The department may adopt rules to administer this
   66  section.
   67         Section 2. Subsection (8) of section 220.02, Florida
   68  Statutes, is amended to read:
   69         220.02 Legislative intent.—
   70         (8) The It is the intent of the Legislature that credits
   71  against either the corporate income tax or the franchise tax
   72  under the following sections shall be applied in the following
   73  order of priority: those enumerated in s. 631.828, those
   74  enumerated in s. 220.191, those enumerated in s. 220.181, those
   75  enumerated in s. 220.183, those enumerated in s. 220.182, those
   76  enumerated in s. 220.1895, those enumerated in s. 220.195, those
   77  enumerated in s. 220.184, those enumerated in s. 220.186, those
   78  enumerated in s. 220.1845, those enumerated in s. 220.19, those
   79  enumerated in s. 220.185, those enumerated in s. 220.1875, those
   80  enumerated in s. 220.192, those enumerated in s. 220.193, those
   81  enumerated in s. 288.9916, those enumerated in s. 220.1899,
   82  those enumerated in s. 220.194, and those enumerated in s.
   83  220.196, and s. 220.197.
   84         Section 3. Paragraph (a) of subsection (1) of section
   85  220.13, Florida Statutes, is amended to read:
   86         220.13 “Adjusted federal income” defined.—
   87         (1) The term “adjusted federal income” means an amount
   88  equal to the taxpayer’s taxable income as defined in subsection
   89  (2), or such taxable income of more than one taxpayer as
   90  provided in s. 220.131, for the taxable year, adjusted as
   91  follows:
   92         (a) Additions.—The following amounts There shall be added
   93  to such taxable income:
   94         1. The amount of any tax upon or measured by income,
   95  excluding taxes based on gross receipts or revenues, paid or
   96  accrued as a liability to the District of Columbia or any state
   97  of the United States which is deductible from gross income in
   98  the computation of taxable income for the taxable year.
   99         2. The amount of interest which is excluded from taxable
  100  income under s. 103(a) of the Internal Revenue Code or any other
  101  federal law, less the associated expenses disallowed in the
  102  computation of taxable income under s. 265 of the Internal
  103  Revenue Code or any other law, excluding 60 percent of any
  104  amounts included in alternative minimum taxable income, as
  105  defined in s. 55(b)(2) of the Internal Revenue Code, if the
  106  taxpayer pays tax under s. 220.11(3).
  107         3. In the case of a regulated investment company or real
  108  estate investment trust, an amount equal to the excess of the
  109  net long-term capital gain for the taxable year over the amount
  110  of the capital gain dividends attributable to the taxable year.
  111         4. That portion of the wages or salaries paid or incurred
  112  for the taxable year which is equal to the amount of the credit
  113  allowable for the taxable year under s. 220.181. This
  114  subparagraph expires shall expire on the date specified in s.
  115  290.016 for the expiration of the Florida Enterprise Zone Act.
  116         5. That portion of the ad valorem school taxes paid or
  117  incurred for the taxable year which is equal to the amount of
  118  the credit allowable for the taxable year under s. 220.182. This
  119  subparagraph expires shall expire on the date specified in s.
  120  290.016 for the expiration of the Florida Enterprise Zone Act.
  121         6. The amount taken as a credit under s. 220.195 which is
  122  deductible from gross income in the computation of taxable
  123  income for the taxable year.
  124         7. That portion of assessments to fund a guaranty
  125  association incurred for the taxable year which is equal to the
  126  amount of the credit allowable for the taxable year.
  127         8. In the case of a nonprofit corporation that which holds
  128  a pari-mutuel permit and that which is exempt from federal
  129  income tax as a farmers’ cooperative, an amount equal to the
  130  excess of the gross income attributable to the pari-mutuel
  131  operations over the attributable expenses for the taxable year.
  132         9. The amount taken as a credit for the taxable year under
  133  s. 220.1895.
  134         10. Up to 9 nine percent of the eligible basis of any
  135  designated project which is equal to the credit allowable for
  136  the taxable year under s. 220.185.
  137         11. The amount taken as a credit for the taxable year under
  138  s. 220.1875. The addition in this subparagraph is intended to
  139  ensure that the same amount is not allowed for the tax purposes
  140  of this state as both a deduction from income and a credit
  141  against the tax. This addition is not intended to result in
  142  adding the same expense back to income more than once.
  143         12. The amount taken as a credit for the taxable year under
  144  s. 220.192.
  145         13. The amount taken as a credit for the taxable year under
  146  s. 220.193.
  147         14. Any portion of a qualified investment, as defined in s.
  148  288.9913, which is claimed as a deduction by the taxpayer and
  149  taken as a credit against income tax under pursuant to s.
  150  288.9916.
  151         15. The costs to acquire a tax credit pursuant to s.
  152  288.1254(5) which that are deducted from or otherwise reduce
  153  federal taxable income for the taxable year.
  154         16. The amount taken as a credit for the taxable year under
  155  pursuant to s. 220.194.
  156         17. The amount taken as a credit for the taxable year under
  157  s. 220.196. The addition in this subparagraph is intended to
  158  ensure that the same amount is not allowed for the tax purposes
  159  of this state as both a deduction from income and a credit
  160  against the tax. The addition is not intended to result in
  161  adding the same expense back to income more than once.
  162         18. The amount taken as a credit for the taxable year under
  163  s. 220.197.
  164         Section 4. This act shall take effect July 1, 2015.