Florida Senate - 2021                                    SB 7082
       
       
        
       By the Committee on Finance and Tax
       
       
       
       
       
       593-04157-21                                          20217082__
    1                        A bill to be entitled                      
    2         An act relating to the corporate income tax; amending
    3         s. 220.03, F.S.; adopting the 2021 version of the
    4         Internal Revenue Code and other federal statutes
    5         relating to federal income taxes for purposes of the
    6         state corporate income tax code; providing for
    7         retroactive operation; amending s. 220.13, F.S.;
    8         requiring the addition to adjusted federal income of
    9         certain amounts of business interest expense
   10         deductible in certain taxable years; providing an
   11         effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (n) of subsection (1) and paragraph
   16  (c) of subsection (2) of section 220.03, Florida Statutes, are
   17  amended to read:
   18         220.03 Definitions.—
   19         (1) SPECIFIC TERMS.—When used in this code, and when not
   20  otherwise distinctly expressed or manifestly incompatible with
   21  the intent thereof, the following terms shall have the following
   22  meanings:
   23         (n) “Internal Revenue Code” means the United States
   24  Internal Revenue Code of 1986, as amended and in effect on
   25  January 1, 2021 2020, except as provided in subsection (3).
   26         (2) DEFINITIONAL RULES.—When used in this code and neither
   27  otherwise distinctly expressed nor manifestly incompatible with
   28  the intent thereof:
   29         (c) Any term used in this code has the same meaning as when
   30  used in a comparable context in the Internal Revenue Code and
   31  other statutes of the United States relating to federal income
   32  taxes, as such code and statutes are in effect on January 1,
   33  2021 2020. However, if subsection (3) is implemented, the
   34  meaning of a term shall be taken at the time the term is applied
   35  under this code.
   36         Section 2. The amendment to s. 220.03, Florida Statutes,
   37  made by this act operates retroactively to January 1, 2021.
   38         Section 3. Paragraph (e) of subsection (1) of section
   39  220.13, Florida Statutes, is amended to read:
   40         220.13 “Adjusted federal income” defined.—
   41         (1) The term “adjusted federal income” means an amount
   42  equal to the taxpayer’s taxable income as defined in subsection
   43  (2), or such taxable income of more than one taxpayer as
   44  provided in s. 220.131, for the taxable year, adjusted as
   45  follows:
   46         (e) Adjustments related to federal acts.—Taxpayers shall be
   47  required to make the adjustments prescribed in this paragraph
   48  for Florida tax purposes with respect to certain tax benefits
   49  received pursuant to the Economic Stimulus Act of 2008, the
   50  American Recovery and Reinvestment Act of 2009, the Small
   51  Business Jobs Act of 2010, the Tax Relief, Unemployment
   52  Insurance Reauthorization, and Job Creation Act of 2010, the
   53  American Taxpayer Relief Act of 2012, the Tax Increase
   54  Prevention Act of 2014, the Consolidated Appropriations Act,
   55  2016, and the Tax Cuts and Jobs Act of 2017, and the Coronavirus
   56  Aid, Relief, and Economic Security Act of 2020.
   57         1. There shall be added to such taxable income an amount
   58  equal to 100 percent of any amount deducted for federal income
   59  tax purposes as bonus depreciation for the taxable year pursuant
   60  to ss. 167 and 168(k) of the Internal Revenue Code of 1986, as
   61  amended by s. 103 of Pub. L. No. 110-185, s. 1201 of Pub. L. No.
   62  111-5, s. 2022 of Pub. L. No. 111-240, s. 401 of Pub. L. No.
   63  111-312, s. 331 of Pub. L. No. 112-240, s. 125 of Pub. L. No.
   64  113-295, s. 143 of Division Q of Pub. L. No. 114-113, and s.
   65  13201 of Pub. L. No. 115-97, for property placed in service
   66  after December 31, 2007, and before January 1, 2027. For the
   67  taxable year and for each of the 6 subsequent taxable years,
   68  there shall be subtracted from such taxable income an amount
   69  equal to one-seventh of the amount by which taxable income was
   70  increased pursuant to this subparagraph, notwithstanding any
   71  sale or other disposition of the property that is the subject of
   72  the adjustments and regardless of whether such property remains
   73  in service in the hands of the taxpayer.
   74         2. There shall be added to such taxable income an amount
   75  equal to 100 percent of any amount in excess of $128,000
   76  deducted for federal income tax purposes for the taxable year
   77  pursuant to s. 179 of the Internal Revenue Code of 1986, as
   78  amended by s. 102 of Pub. L. No. 110-185, s. 1202 of Pub. L. No.
   79  111-5, s. 2021 of Pub. L. No. 111-240, s. 402 of Pub. L. No.
   80  111-312, s. 315 of Pub. L. No. 112-240, and s. 127 of Pub. L.
   81  No. 113-295, for taxable years beginning after December 31,
   82  2007, and before January 1, 2015. For the taxable year and for
   83  each of the 6 subsequent taxable years, there shall be
   84  subtracted from such taxable income one-seventh of the amount by
   85  which taxable income was increased pursuant to this
   86  subparagraph, notwithstanding any sale or other disposition of
   87  the property that is the subject of the adjustments and
   88  regardless of whether such property remains in service in the
   89  hands of the taxpayer.
   90         3. There shall be added to such taxable income an amount
   91  equal to the amount of deferred income not included in such
   92  taxable income pursuant to s. 108(i)(1) of the Internal Revenue
   93  Code of 1986, as amended by s. 1231 of Pub. L. No. 111-5. There
   94  shall be subtracted from such taxable income an amount equal to
   95  the amount of deferred income included in such taxable income
   96  pursuant to s. 108(i)(1) of the Internal Revenue Code of 1986,
   97  as amended by s. 1231 of Pub. L. No. 111-5.
   98         4. For taxable years beginning after December 31, 2018, and
   99  before January 1, 2021, there shall be added to such taxable
  100  income an amount equal to the excess, if any, of:
  101         a.One hundred percent of any amount deducted for federal
  102  income tax purposes as business interest expense for the taxable
  103  year pursuant to s. 163(j) of the Internal Revenue Code of 1986,
  104  as amended by s. 2306 of Pub. L. No. 116-136; over
  105         b.One hundred percent of the amount that would be
  106  deductible for federal income tax purposes as business interest
  107  expense for the taxable year if calculated pursuant to s. 163(j)
  108  of the Internal Revenue Code of 1986, as amended by s. 13301 of
  109  Pub. L. No. 115-97.
  110         5. Subtractions available under this paragraph may be
  111  transferred to the surviving or acquiring entity following a
  112  merger or acquisition and used in the same manner and with the
  113  same limitations as specified by this paragraph.
  114         6.5. The additions and subtractions specified in this
  115  paragraph are intended to adjust taxable income for Florida tax
  116  purposes, and, notwithstanding any other provision of this code,
  117  such additions and subtractions shall be permitted to change a
  118  taxpayer’s net operating loss for Florida tax purposes.
  119         Section 4. This act shall take effect upon becoming a law.