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FL S1764
Bill
AI Summary
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Amends Florida corporate income tax law to require taxpayers to add back deductions for intangible expenses, interest expenses, and management fees paid to related entities, subject to specific exceptions.
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Defines "related entity" as an artificial entity that would be part of the taxpayer's affiliated group using a 50 percent ownership threshold instead of the federal 80 percent threshold.
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Provides four exceptions to the add-back requirement: (1) consolidated Florida tax returns; (2) written agreement with the Department of Revenue; (3) recipient subject to income tax at 5.5 percent or higher with specific conditions; and (4) related entity incurred and paid the amount to an unrelated person.
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Requires related entities receiving add-back adjustments to make corresponding subtractions to their taxable income if subject to Florida tax, and prohibits adding back the same amount more than once.
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Requires taxpayers to report related entity transactions including recipient name, domicile, payment amount, and description; failure to add back amounts or provide complete information constitutes negligence subject to penalty; applies to tax years ending on or after December 31, 2011.
Legislative Description
Corporate Income Taxes
Last Action
Indefinitely postponed and withdrawn from consideration
5/7/2011