Florida 2021 Regular Session Status: In Committee 1 D cosponsors

SB 258 — Internship Tax Credit Program

Last action — Died in Appropriations, companion bill(s) passed, see HB 7061 (Ch. 2021-31)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Internship Tax Credit Program; Specifying the order in which the Florida Internship Tax Credit Program corporate income tax credit created by this act is applied; requiring certain claimed tax credit amounts to be added to a taxpayer’s adjusted federal income; designating the “Florida Internship Tax Credit Program”; providing a corporate income tax credit for qualified businesses employing student interns if certain criteria are met, etc.

Bill Text

What changed in the latest version

192 added · 71 removed

192 line(s) added, 71 removed.

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Florida Senate - 2021 SB 258 By Senator Jones 35-00585-21 2021258__ A bill to be entitled An act relating to an internship tax credit program;
Florida Senate - 2021 CS for SB 258 By the Committee on Finance and Tax;
and Senator Jones 593-02731-21 2021258c1 A bill to be entitled An act relating to an internship tax credit program;
amending s.
220.02, F.S.;
specifying the order in which the Florida Internship Tax Credit Program corporate income tax credit created by this act is applied;
amending s.
220.13, F.S.;
requiring certain claimed tax credit amounts to be added to a taxpayer’s adjusted federal income;
providing a corporate income tax credit for qualified businesses employing degree seeking student interns if certain criteria are met;
providing a corporate income tax credit for qualified businesses employing student interns if certain criteria are met;
providing an effective date.
authorizing the department to adopt emergency rules;
15 Be It Enacted by the Legislature of the State of Florida:
providing for expiration of that authority;
18 Section 1. Section 220.198, Florida Statutes, is created to read:
providing effective dates.
22 Be It Enacted by the Legislature of the State of Florida:
24 Section 1. Subsection (8) of section 220.02, Florida Statutes, is amended to read:
220.02 Legislative intent.— (8) It is the intent of the Legislature that credits against either the corporate income tax or the franchise tax be applied in the following order:
those enumerated in s.
631.828, those enumerated in s.
220.191, those enumerated in s.
220.181, those enumerated in s.
220.183, those enumerated in s.
220.182, those enumerated in s.
220.1895, those enumerated in s.
220.195, those enumerated in s.
220.184, those enumerated in s.
220.186, those enumerated in s.
220.1845, those enumerated in s.
220.19, those enumerated in s.
220.185, those enumerated in s.
220.1875, those enumerated in s.
220.193, those enumerated in s.
288.9916, those enumerated in s.
220.1899, those enumerated in s.
220.194, and those enumerated in s.
220.196, and those enumerated in s.
220.198.
Section 2. Paragraph (a) of subsection (1) of section 220.13, Florida Statutes, is amended to read:
220.13 “Adjusted federal income” defined.— (1) The term “adjusted federal income” means an amount equal to the taxpayer’s taxable income as defined in subsection (2), or such taxable income of more than one taxpayer as provided in s.
220.131, for the taxable year, adjusted as follows:
(a) Additions.—There shall be added to such taxable income:
1.a. The amount of any tax upon or measured by income, excluding taxes based on gross receipts or revenues, paid or accrued as a liability to the District of Columbia or any state of the United States which is deductible from gross income in the computation of taxable income for the taxable year.
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b. Notwithstanding sub-subparagraph a., if a credit taken under s.
220.1875 is added to taxable income in a previous taxable year under subparagraph 11.
and is taken as a deduction for federal tax purposes in the current taxable year, the amount of the deduction allowed shall not be added to taxable income in the current year.
The exception in this sub-subparagraph is intended to ensure that the credit under s.
220.1875 is added in the applicable taxable year and does not result in a duplicate addition in a subsequent year.
2. The amount of interest which is excluded from taxable income under s.
103(a) of the Internal Revenue Code or any other federal law, less the associated expenses disallowed in the computation of taxable income under s.
265 of the Internal Revenue Code or any other law, excluding 60 percent of any amounts included in alternative minimum taxable income, as defined in s.
55(b)(2) of the Internal Revenue Code, if the taxpayer pays tax under s.
220.11(3).
3. In the case of a regulated investment company or real estate investment trust, an amount equal to the excess of the net long-term capital gain for the taxable year over the amount of the capital gain dividends attributable to the taxable year.
4. That portion of the wages or salaries paid or incurred for the taxable year which is equal to the amount of the credit allowable for the taxable year under s.
220.181.
This subparagraph shall expire on the date specified in s.
290.016 for the expiration of the Florida Enterprise Zone Act.
5. That portion of the ad valorem school taxes paid or incurred for the taxable year which is equal to the amount of the credit allowable for the taxable year under s.
220.182.
This subparagraph shall expire on the date specified in s.
290.016 for the expiration of the Florida Enterprise Zone Act.
6. The amount taken as a credit under s.
220.195 which is deductible from gross income in the computation of taxable income for the taxable year.
7. That portion of assessments to fund a guaranty association incurred for the taxable year which is equal to the amount of the credit allowable for the taxable year.
8. In the case of a nonprofit corporation which holds a pari-mutuel permit and which is exempt from federal income tax as a farmers’ cooperative, an amount equal to the excess of the gross income attributable to the pari-mutuel operations over the attributable expenses for the taxable year.
9. The amount taken as a credit for the taxable year under s.
220.1895.
10. Up to nine percent of the eligible basis of any designated project which is equal to the credit allowable for the taxable year under s.
220.185.
11. The amount taken as a credit for the taxable year under s.
220.1875.
The addition in this subparagraph is intended to ensure that the same amount is not allowed for the tax purposes of this state as both a deduction from income and a credit against the tax.
This addition is not intended to result in adding the same expense back to income more than once.
12. The amount taken as a credit for the taxable year under s.
220.193.
13. Any portion of a qualified investment, as defined in s.
288.9913, which is claimed as a deduction by the taxpayer and taken as a credit against income tax pursuant to s.
288.9916.
14. The costs to acquire a tax credit pursuant to s.
288.1254(5) that are deducted from or otherwise reduce federal taxable income for the taxable year.
15. The amount taken as a credit for the taxable year pursuant to s.
220.194.
16. The amount taken as a credit for the taxable year under s.
220.196.
The addition in this subparagraph is intended to ensure that the same amount is not allowed for the tax purposes of this state as both a deduction from income and a credit against the tax.
The addition is not intended to result in adding the same expense back to income more than once.
17. The amount taken as a credit for the taxable year pursuant to s.
220.198.
Section 3. Section 220.198, Florida Statutes, is created to read:
(a) “Degree-seeking student intern” means a person who is a junior or senior at a state university, a Florida College System institution, a career center operated by a school district under s.
(a) “Full time” means at least 30 hours per week.
1001.44, or a charter technical career center, or any graduate student enrolled at a state university.
(b) “Qualified business” means a business that is in existence and has been continuously operating for at least 3 years.
(b) “Full time” means at least 30 hours per week.
(c) “Student intern” means a person who has completed at least 60 credit hours at a state university or a Florida College System institution;
(c) “Qualified business” means a business that is in existence and has been continuously operating for at least 3 years.
a person who is enrolled in a career center operated by a school district under s.
(3) For taxable years beginning on or after January 1, 2022, a qualified business may receive a tax credit for previously paid corporate income taxes imposed under this chapter in the amount of $2,000 per student intern if:
1001.44 or a charter technical career center;
(a) The qualified business employed a degree-seeking student in an internship in which the student worked full time for at least 9 consecutive weeks;
or any graduate student enrolled at a state university.
(b) The qualified business provides documentation for the current taxable year to show that at least 20 percent of the business’s full-time employees were previously employed by that business as degree-seeking student interns;
(3) For taxable years beginning on or after January 1, 2022, a qualified business is eligible for a credit against the tax imposed by this chapter in the amount of $2,000 per student intern if all of the following apply:
(c) A degree-seeking student intern working for a qualified business had a minimum grade point average of 2.0 at the start of the internship;
(a) The qualified business employed at least one student intern in an internship in which the student intern worked full time in this state for at least 9 consecutive weeks, and the qualified business provides the department documentation evidencing each internship claimed.
and (d) The state university, Florida College System institution, career center operated by a school district under s.
(b) The qualified business provides the department documentation for the current taxable year showing that at least 20 percent of the business’ full-time employees were previously employed by that business as student interns.
1001.44, or charter technical career center has provided documentation attesting to the degree-seeking student intern’s enrollment status.
(c) At the start of an internship, each student intern provides the qualified business with verification by the student intern’s state university, Florida College System institution, career center operated by a school district under s.
(4) Notwithstanding paragraph (3)(b), a qualified business that, for the 3 prior years on average, employed 10 or fewer full-time employees may receive the tax credit if it provides documentation that it previously hired at least one degree seeking student intern and, for the current taxable year, that it employs on a full-time basis at least one employee who was previously employed by that qualified business as a degree seeking student intern.
1001.44, or charter technical career center that the student intern is enrolled and maintains a minimum grade point average of 2.0 on a 4.0 scale.
(5) A qualified business may not claim a tax credit of more than $10,000 for previously paid corporate income taxes in any one taxable year.
(4) Notwithstanding paragraph (3)(b), a qualified business that, on average for the 3 immediately preceding years, employed 10 or fewer full-time employees may receive the tax credit if it provides documentation that it previously hired at least one student intern and, for the current taxable year, that it employs on a full-time basis at least one employee who was previously employed by that qualified business as a student intern.
(5) A qualified business may not claim a tax credit of more than $10,000 in any one taxable year.
(7) A qualified business awarded a tax credit for previously paid corporate income taxes under this section may carry forward any unused portion of a tax credit for up to 2 taxable years.
(7) A qualified business may carry forward any unused portion of a tax credit under this section for up to 2 taxable years.
Section 2. This act shall take effect July 1, 2021.
Section 4. (1) The Department of Revenue is authorized, and all conditions are deemed met, to adopt emergency rules pursuant to s.
120.54(4), Florida Statutes, for the purpose of administering this act.
(2) Notwithstanding any other law, emergency rules adopted pursuant to subsection (1) are effective for 6 months after adoption and may be renewed during the pendency of procedures to adopt permanent rules addressing the subject of the emergency rules.
(3) This section shall take effect upon this act becoming a law and expires July 1, 2022.
Section 5. Except as otherwise expressly provided in this act and except for this section, which shall take effect upon this act becoming a law, this act shall take effect July 1, 2021.
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Action History

  1. Died in Appropriations, companion bill(s) passed, see HB 7061 (Ch. 2021-31)

  2. CS by Finance and Tax read 1st time

  3. Now in Appropriations

  4. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  5. CS by Finance and Tax; YEAS 8 NAYS 0

  6. On Committee agenda-- Finance and Tax, 03/11/21, 9:00 am, 110 Senate Building

  7. Introduced

  8. Now in Finance and Tax

  9. Favorable by Education; YEAS 10 NAYS 0

  10. On Committee agenda-- Education, 02/16/21, 9:00 am, 412 Knott Building

  11. Referred to Education; Finance and Tax; Appropriations

  12. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

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Frequently asked questions

What does SB 258 do?
Internship Tax Credit Program; Specifying the order in which the Florida Internship Tax Credit Program corporate income tax credit created by this act is applied; requiring certain claimed tax credit amounts to be added to a taxpayer’s adjusted federal income; designating the “Florida Internship Tax Credit Program”; providing a corporate income tax credit for qualified businesses employing student interns if certain criteria are met, etc.
Who sponsors SB 258?
SB 258 is sponsored by Jones, Shevrin D. "Shev" (Democrat).
What is the current status of SB 258?
This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 258?
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