Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 1090
       
       
       
       
       
       
                                Ì246638HÎ246638                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/03/2022           .                                
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       The Committee on Finance and Tax (Gruters) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Effective upon becoming a law and operating
    6  retroactively to January 1, 2022, paragraph (n) of subsection
    7  (1) and paragraph (c) of subsection (2) of section 220.03,
    8  Florida Statutes, are amended to read:
    9         220.03 Definitions.—
   10         (1) SPECIFIC TERMS.—When used in this code, and when not
   11  otherwise distinctly expressed or manifestly incompatible with
   12  the intent thereof, the following terms shall have the following
   13  meanings:
   14         (n) “Internal Revenue Code” means the United States
   15  Internal Revenue Code of 1986, as amended and in effect on
   16  January 1, 2022 2021, except as provided in subsection (3).
   17         (2) DEFINITIONAL RULES.—When used in this code and neither
   18  otherwise distinctly expressed nor manifestly incompatible with
   19  the intent thereof:
   20         (c) Any term used in this code has the same meaning as when
   21  used in a comparable context in the Internal Revenue Code and
   22  other statutes of the United States relating to federal income
   23  taxes, as such code and statutes are in effect on January 1,
   24  2022 2021. However, if subsection (3) is implemented, the
   25  meaning of a term shall be taken at the time the term is applied
   26  under this code.
   27         Section 2. Effective January 1, 2023, paragraph (e) of
   28  subsection (1) of section 220.13, Florida Statutes, is amended
   29  to read:
   30         220.13 “Adjusted federal income” defined.—
   31         (1) The term “adjusted federal income” means an amount
   32  equal to the taxpayer’s taxable income as defined in subsection
   33  (2), or such taxable income of more than one taxpayer as
   34  provided in s. 220.131, for the taxable year, adjusted as
   35  follows:
   36         (e) Adjustments related to federal acts.—Taxpayers shall be
   37  required to make the adjustments prescribed in this paragraph
   38  for Florida tax purposes with respect to certain tax benefits
   39  received pursuant to the Economic Stimulus Act of 2008; the
   40  American Recovery and Reinvestment Act of 2009; the Small
   41  Business Jobs Act of 2010; the Tax Relief, Unemployment
   42  Insurance Reauthorization, and Job Creation Act of 2010; the
   43  American Taxpayer Relief Act of 2012; the Tax Increase
   44  Prevention Act of 2014; the Consolidated Appropriations Act,
   45  2016; the Tax Cuts and Jobs Act of 2017; and the Coronavirus
   46  Aid, Relief, and Economic Security Act of 2020.
   47         1.a. There shall be added to such taxable income an amount
   48  equal to 100 percent of any amount deducted for federal income
   49  tax purposes as bonus depreciation for the taxable year pursuant
   50  to ss. 167 and 168(k) of the Internal Revenue Code of 1986, as
   51  amended by s. 103 of Pub. L. No. 110-185; s. 1201 of Pub. L. No.
   52  111-5; s. 2022 of Pub. L. No. 111-240; s. 401 of Pub. L. No.
   53  111-312; s. 331 of Pub. L. No. 112-240; s. 125 of Pub. L. No.
   54  113-295; s. 143 of Division Q of Pub. L. No. 114-113; and s.
   55  13201 of Pub. L. No. 115-97, for property placed in service
   56  after December 31, 2007, and before January 1, 2027.
   57         b. For the taxable year and for each of the 6 subsequent
   58  taxable years, there shall be subtracted from such taxable
   59  income an amount equal to one-seventh of the amount by which
   60  taxable income was increased pursuant to this subparagraph,
   61  notwithstanding any sale or other disposition of the property
   62  that is the subject of the adjustments and regardless of whether
   63  such property remains in service in the hands of the taxpayer.
   64         c. The provisions of Sub-subparagraph b. does do not apply
   65  to amounts by which taxable income was increased pursuant to
   66  this subparagraph for amounts deducted for federal income tax
   67  purposes as bonus depreciation for qualified improvement
   68  property as defined in s. 168(e)(6) of the Internal Revenue Code
   69  of 1986, as amended by s. 13204 of Pub. L. No. 115-97.
   70  
   71  This subparagraph does not apply to property placed in service
   72  in taxable years beginning on or after January 1, 2023.
   73         2. There shall be added to such taxable income an amount
   74  equal to 100 percent of any amount in excess of $128,000
   75  deducted for federal income tax purposes for the taxable year
   76  pursuant to s. 179 of the Internal Revenue Code of 1986, as
   77  amended by s. 102 of Pub. L. No. 110-185; s. 1202 of Pub. L. No.
   78  111-5; s. 2021 of Pub. L. No. 111-240; s. 402 of Pub. L. No.
   79  111-312; s. 315 of Pub. L. No. 112-240; and s. 127 of Pub. L.
   80  No. 113-295, for taxable years beginning after December 31,
   81  2007, and before January 1, 2015. For the taxable year and for
   82  each of the 6 subsequent taxable years, there shall be
   83  subtracted from such taxable income one-seventh of the amount by
   84  which taxable income was increased pursuant to this
   85  subparagraph, notwithstanding any sale or other disposition of
   86  the property that is the subject of the adjustments and
   87  regardless of whether such property remains in service in the
   88  hands of the taxpayer.
   89         3. There shall be added to such taxable income an amount
   90  equal to the amount of deferred income not included in such
   91  taxable income pursuant to s. 108(i)(1) of the Internal Revenue
   92  Code of 1986, as amended by s. 1231 of Pub. L. No. 111-5. There
   93  shall be subtracted from such taxable income an amount equal to
   94  the amount of deferred income included in such taxable income
   95  pursuant to s. 108(i)(1) of the Internal Revenue Code of 1986,
   96  as amended by s. 1231 of Pub. L. No. 111-5.
   97         4. For taxable years beginning on or after January 1, 2023,
   98  there shall be added to such taxable income an amount equal to
   99  the amount of business interest taken as a deduction for federal
  100  tax purposes subject to the limitation provided in s. 163(j) of
  101  the Internal Revenue Code. There shall be subtracted from such
  102  taxable income the amount of business interest paid or accrued
  103  within the taxable year which would have been deductible at the
  104  federal level consistent with s. 163 of the Internal Revenue
  105  Code as it existed and applied immediately before the enactment
  106  of the Tax Cuts and Jobs Act of 2017, Pub. L. No. 115-97 For
  107  taxable years beginning after December 31, 2018, and before
  108  January 1, 2021, there shall be added to such taxable income an
  109  amount equal to the excess, if any, of:
  110         a. One hundred percent of any amount deducted for federal
  111  income tax purposes as business interest expense for the taxable
  112  year pursuant to s. 163(j) of the Internal Revenue Code of 1986,
  113  as amended by s. 2306 of Pub. L. No. 116-136; over
  114         b. One hundred percent of the amount that would be
  115  deductible for federal income tax purposes as business interest
  116  expense for the taxable year if calculated pursuant to s. 163(j)
  117  of the Internal Revenue Code of 1986, as amended by s. 13301 of
  118  Pub. L. No. 115-97.
  119  
  120  Any expense added back pursuant to this subparagraph shall be
  121  treated as a disallowed business expense carryforward from prior
  122  years for the year or years following the addition, until such
  123  time as the expense has been used.
  124         5. With respect to qualified improvement property as
  125  defined in s. 168(e)(6) of the Internal Revenue Code of 1986, as
  126  amended by s. 13204 of Pub. L. No. 115-97, that was placed in
  127  service on or after January 1, 2018:
  128         a. There shall be added to such taxable income an amount
  129  equal to 100 percent of any amount deducted for federal income
  130  tax purposes under s. 167(a) of the Internal Revenue Code of
  131  1986. There shall be subtracted an amount equal to the amount of
  132  depreciation that would have been deductible pursuant to s.
  133  167(a) of the Internal Revenue Code of 1986 in effect on January
  134  1, 2020, and without regard to s. 2307 of Pub. L. No. 116-136,
  135  notwithstanding any sale or other disposition of the property
  136  that is the subject of the adjustments and regardless of whether
  137  such property remains in service in the hands of the taxpayer.
  138         b. The department may adopt rules necessary to administer
  139  the provisions of this subparagraph, including rules, forms, and
  140  guidelines for computing depreciation on qualified improvement
  141  property, as defined in s. 168(e)(6) of the Internal Revenue
  142  Code of 1986.
  143         6. For taxable years beginning after December 31, 2020, and
  144  before January 1, 2026, the changes made to the Internal Revenue
  145  Code by Pub. L. No. 116-260, Division EE, Title I, s. 116 and
  146  Title II, s. 210 shall not apply to this chapter. Taxable income
  147  under this section shall be calculated as though changes made by
  148  those sections were not made to the Internal Revenue Code. The
  149  Department of Revenue may adopt rules necessary to administer
  150  the provisions of this subparagraph, including rules, forms, and
  151  guidelines for treatment of expenses and depreciation related to
  152  these changes.
  153         7. Subtractions available under this paragraph may be
  154  transferred to the surviving or acquiring entity following a
  155  merger or acquisition and used in the same manner and with the
  156  same limitations as specified by this paragraph.
  157         8. The additions and subtractions specified in this
  158  paragraph are intended to adjust taxable income for Florida tax
  159  purposes, and, notwithstanding any other provision of this code,
  160  such additions and subtractions shall be permitted to change a
  161  taxpayer’s net operating loss for Florida tax purposes.
  162         Section 3. Except as otherwise expressly provided in this
  163  act, this act shall take effect upon becoming a law.
  164  
  165  ================= T I T L E  A M E N D M E N T ================
  166  And the title is amended as follows:
  167         Delete everything before the enacting clause
  168  and insert:
  169                        A bill to be entitled                      
  170         An act relating to the corporate income tax; amending
  171         s. 220.03, F.S.; adopting the 2022 version of the
  172         Internal Revenue Code for purposes of the state
  173         corporate income tax code; providing for retroactive
  174         operation; amending s. 220.13, F.S.; providing
  175         applicability for adjustments taxpayers must make to
  176         adjusted federal income with respect to bonus
  177         depreciation; revising the adjustments taxpayers must
  178         make to adjusted federal income with respect to
  179         business interest; providing effective dates.