(1) A taxpayer required to determine taxable income pursuant to s. 220.13(2)(k) shall be allowed a credit against the tax imposed by this chapter in any subsequent taxable years.
1(2) The credit pursuant to this section shall be the amount of the excess, if any, of the tax paid based upon taxable income determined pursuant to s. 220.13(2)(k) over the amount of tax which would have been due based upon taxable income without application of s. 220.13(2)(k), before application of this credit without application of any credit under s. 220.1875, s. 220.1876, or s. 220.1877.
(3) The amount of credit allowable in any subsequent taxable years shall not exceed the excess, if any, of the amount of tax computed under this chapter without application of s. 220.13(2)(k) over the amount of tax computed with application of s. 220.13(2)(k), whether or not such paragraph is required to compute taxable income for the year.
History.—s. 15, ch. 87-99; s. 16, ch. 90-203; s. 1, ch. 2009-108; s. 8, ch. 2010-24; s. 32, ch. 2021-31; s. 6, ch. 2021-193.
1Note.—
A. Section 51, ch. 2021-31, provides that:
“(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 implementing:
“(a) The amendment made by this act to s. 212.06, Florida Statutes;
“(b) The provisions related to the Strong Families Tax Credit created by this act; and
“(c) The provisions related to the Florida Internship Tax Credit Program created by 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 January 1, 2025.”
B. Section 12, ch. 2021-193, provides that “[t]he Department of Revenue is authorized, and all conditions are deemed met, to adopt emergency rules under s. 120.54(4), Florida Statutes, for the purpose of implementing provisions related to the New Worlds Reading Initiative Tax Credit created by this act. Notwithstanding any other law, emergency rules adopted under this section 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.”
Structure Florida Statutes
Title XIV - Taxation and Finance
Part II - Tax Imposed; Apportionment (Ss. 220.11-220.198)
220.1105 - Tax imposed; automatic refunds and downward adjustments to tax rates.
220.12 - “Net income” defined.
220.13 - “Adjusted federal income” defined.
220.131 - Adjusted federal income; affiliated groups.
220.15 - Apportionment of adjusted federal income.
220.151 - Apportionment; methods for special industries.
220.152 - Apportionment; other methods.
220.153 - Apportionment by sales factor.
220.16 - Allocation of nonbusiness income.
220.181 - Enterprise zone jobs credit.
220.182 - Enterprise zone property tax credit.
220.183 - Community contribution tax credit.
220.184 - Hazardous waste facility tax credit.
220.1845 - Contaminated site rehabilitation tax credit.
220.185 - State housing tax credit.
220.186 - Credit for Florida alternative minimum tax.
220.1875 - Credit for contributions to eligible nonprofit scholarship-funding organizations.
220.1876 - Credit for contributions to the New Worlds Reading Initiative.
220.1877 - Credit for contributions to eligible charitable organizations.
220.1895 - Rural Job Tax Credit and Urban High-Crime Area Job Tax Credit.
220.1899 - Entertainment industry tax credit.
220.19 - Child care tax credits.
220.191 - Capital investment tax credit.
220.1915 - Credit for qualified railroad reconstruction or replacement expenditures.
220.193 - Florida renewable energy production credit.
220.194 - Corporate income tax credits for spaceflight projects.
220.195 - Emergency excise tax credit.