Florida Senate - 2021                              CS for SB 258
       
       
        
       By the Committee on Finance and Tax; and Senator Jones
       
       
       
       
       
       593-02731-21                                           2021258c1
    1                        A bill to be entitled                      
    2         An act relating to an internship tax credit program;
    3         amending s. 220.02, F.S.; specifying the order in
    4         which the Florida Internship Tax Credit Program
    5         corporate income tax credit created by this act is
    6         applied; amending s. 220.13, F.S.; requiring certain
    7         claimed tax credit amounts to be added to a taxpayer’s
    8         adjusted federal income; creating s. 220.198, F.S.;
    9         providing a short title; defining terms; providing a
   10         corporate income tax credit for qualified businesses
   11         employing student interns if certain criteria are met;
   12         specifying the amount of the credit a qualified
   13         business may claim per student intern; specifying a
   14         limit on the credit claimed per taxable year;
   15         authorizing the Department of Revenue to adopt certain
   16         rules; authorizing a qualified business to carry
   17         forward unused credit for a certain time; authorizing
   18         the department to adopt emergency rules; providing for
   19         expiration of that authority; providing effective
   20         dates.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Subsection (8) of section 220.02, Florida
   25  Statutes, is amended to read:
   26         220.02 Legislative intent.—
   27         (8) It is the intent of the Legislature that credits
   28  against either the corporate income tax or the franchise tax be
   29  applied in the following order: those enumerated in s. 631.828,
   30  those enumerated in s. 220.191, those enumerated in s. 220.181,
   31  those enumerated in s. 220.183, those enumerated in s. 220.182,
   32  those enumerated in s. 220.1895, those enumerated in s. 220.195,
   33  those enumerated in s. 220.184, those enumerated in s. 220.186,
   34  those enumerated in s. 220.1845, those enumerated in s. 220.19,
   35  those enumerated in s. 220.185, those enumerated in s. 220.1875,
   36  those enumerated in s. 220.193, those enumerated in s. 288.9916,
   37  those enumerated in s. 220.1899, those enumerated in s. 220.194,
   38  and those enumerated in s. 220.196, and those enumerated in s.
   39  220.198.
   40         Section 2. Paragraph (a) of subsection (1) of section
   41  220.13, Florida Statutes, is amended to read:
   42         220.13 “Adjusted federal income” defined.—
   43         (1) The term “adjusted federal income” means an amount
   44  equal to the taxpayer’s taxable income as defined in subsection
   45  (2), or such taxable income of more than one taxpayer as
   46  provided in s. 220.131, for the taxable year, adjusted as
   47  follows:
   48         (a) Additions.—There shall be added to such taxable income:
   49         1.a. The amount of any tax upon or measured by income,
   50  excluding taxes based on gross receipts or revenues, paid or
   51  accrued as a liability to the District of Columbia or any state
   52  of the United States which is deductible from gross income in
   53  the computation of taxable income for the taxable year.
   54         b. Notwithstanding sub-subparagraph a., if a credit taken
   55  under s. 220.1875 is added to taxable income in a previous
   56  taxable year under subparagraph 11. and is taken as a deduction
   57  for federal tax purposes in the current taxable year, the amount
   58  of the deduction allowed shall not be added to taxable income in
   59  the current year. The exception in this sub-subparagraph is
   60  intended to ensure that the credit under s. 220.1875 is added in
   61  the applicable taxable year and does not result in a duplicate
   62  addition in a subsequent year.
   63         2. The amount of interest which is excluded from taxable
   64  income under s. 103(a) of the Internal Revenue Code or any other
   65  federal law, less the associated expenses disallowed in the
   66  computation of taxable income under s. 265 of the Internal
   67  Revenue Code or any other law, excluding 60 percent of any
   68  amounts included in alternative minimum taxable income, as
   69  defined in s. 55(b)(2) of the Internal Revenue Code, if the
   70  taxpayer pays tax under s. 220.11(3).
   71         3. In the case of a regulated investment company or real
   72  estate investment trust, an amount equal to the excess of the
   73  net long-term capital gain for the taxable year over the amount
   74  of the capital gain dividends attributable to the taxable year.
   75         4. That portion of the wages or salaries paid or incurred
   76  for the taxable year which is equal to the amount of the credit
   77  allowable for the taxable year under s. 220.181. This
   78  subparagraph shall expire on the date specified in s. 290.016
   79  for the expiration of the Florida Enterprise Zone Act.
   80         5. That portion of the ad valorem school taxes paid or
   81  incurred for the taxable year which is equal to the amount of
   82  the credit allowable for the taxable year under s. 220.182. This
   83  subparagraph shall expire on the date specified in s. 290.016
   84  for the expiration of the Florida Enterprise Zone Act.
   85         6. The amount taken as a credit under s. 220.195 which is
   86  deductible from gross income in the computation of taxable
   87  income for the taxable year.
   88         7. That portion of assessments to fund a guaranty
   89  association incurred for the taxable year which is equal to the
   90  amount of the credit allowable for the taxable year.
   91         8. In the case of a nonprofit corporation which holds a
   92  pari-mutuel permit and which is exempt from federal income tax
   93  as a farmers’ cooperative, an amount equal to the excess of the
   94  gross income attributable to the pari-mutuel operations over the
   95  attributable expenses for the taxable year.
   96         9. The amount taken as a credit for the taxable year under
   97  s. 220.1895.
   98         10. Up to nine percent of the eligible basis of any
   99  designated project which is equal to the credit allowable for
  100  the taxable year under s. 220.185.
  101         11. The amount taken as a credit for the taxable year under
  102  s. 220.1875. The addition in this subparagraph is intended to
  103  ensure that the same amount is not allowed for the tax purposes
  104  of this state as both a deduction from income and a credit
  105  against the tax. This addition is not intended to result in
  106  adding the same expense back to income more than once.
  107         12. The amount taken as a credit for the taxable year under
  108  s. 220.193.
  109         13. Any portion of a qualified investment, as defined in s.
  110  288.9913, which is claimed as a deduction by the taxpayer and
  111  taken as a credit against income tax pursuant to s. 288.9916.
  112         14. The costs to acquire a tax credit pursuant to s.
  113  288.1254(5) that are deducted from or otherwise reduce federal
  114  taxable income for the taxable year.
  115         15. The amount taken as a credit for the taxable year
  116  pursuant to s. 220.194.
  117         16. The amount taken as a credit for the taxable year under
  118  s. 220.196. The addition in this subparagraph is intended to
  119  ensure that the same amount is not allowed for the tax purposes
  120  of this state as both a deduction from income and a credit
  121  against the tax. The addition is not intended to result in
  122  adding the same expense back to income more than once.
  123         17.The amount taken as a credit for the taxable year
  124  pursuant to s. 220.198.
  125         Section 3. Section 220.198, Florida Statutes, is created to
  126  read:
  127         220.198Internship tax credit program.—
  128         (1)This section may be cited as the “Florida Internship
  129  Tax Credit Program.”
  130         (2)As used in this section, the term:
  131         (a)“Full time” means at least 30 hours per week.
  132         (b)“Qualified business” means a business that is in
  133  existence and has been continuously operating for at least 3
  134  years.
  135         (c)“Student intern” means a person who has completed at
  136  least 60 credit hours at a state university or a Florida College
  137  System institution; a person who is enrolled in a career center
  138  operated by a school district under s. 1001.44 or a charter
  139  technical career center; or any graduate student enrolled at a
  140  state university.
  141         (3)For taxable years beginning on or after January 1,
  142  2022, a qualified business is eligible for a credit against the
  143  tax imposed by this chapter in the amount of $2,000 per student
  144  intern if all of the following apply:
  145         (a)The qualified business employed at least one student
  146  intern in an internship in which the student intern worked full
  147  time in this state for at least 9 consecutive weeks, and the
  148  qualified business provides the department documentation
  149  evidencing each internship claimed.
  150         (b)The qualified business provides the department
  151  documentation for the current taxable year showing that at least
  152  20 percent of the business’ full-time employees were previously
  153  employed by that business as student interns.
  154         (c)At the start of an internship, each student intern
  155  provides the qualified business with verification by the student
  156  intern’s state university, Florida College System institution,
  157  career center operated by a school district under s. 1001.44, or
  158  charter technical career center that the student intern is
  159  enrolled and maintains a minimum grade point average of 2.0 on a
  160  4.0 scale.
  161         (4)Notwithstanding paragraph (3)(b), a qualified business
  162  that, on average for the 3 immediately preceding years, employed
  163  10 or fewer full-time employees may receive the tax credit if it
  164  provides documentation that it previously hired at least one
  165  student intern and, for the current taxable year, that it
  166  employs on a full-time basis at least one employee who was
  167  previously employed by that qualified business as a student
  168  intern.
  169         (5)A qualified business may not claim a tax credit of more
  170  than $10,000 in any one taxable year.
  171         (6)The department may adopt rules governing the manner and
  172  form of applications for the tax credit and establishing
  173  qualification requirements for the tax credit.
  174         (7)A qualified business may carry forward any unused
  175  portion of a tax credit under this section for up to 2 taxable
  176  years.
  177         Section 4. (1) The Department of Revenue is authorized, and
  178  all conditions are deemed met, to adopt emergency rules pursuant
  179  to s. 120.54(4), Florida Statutes, for the purpose of
  180  administering this act.
  181         (2) Notwithstanding any other law, emergency rules adopted
  182  pursuant to subsection (1) are effective for 6 months after
  183  adoption and may be renewed during the pendency of procedures to
  184  adopt permanent rules addressing the subject of the emergency
  185  rules.
  186         (3) This section shall take effect upon this act becoming a
  187  law and expires July 1, 2022.
  188         Section 5. Except as otherwise expressly provided in this
  189  act and except for this section, which shall take effect upon
  190  this act becoming a law, this act shall take effect July 1,
  191  2021.