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Weekly Legislative Update from February 7, 2020

Taxation

SB 1174 – Relating to Communications Services Tax

On Monday, February 3, SB 1174 by Senator Travis Hutson (R-Palm Coast) was heard by the Senate Innovation, Industry, and Technology Committee and was reported favorable with 10 yeas and 0 nays. AIF stood in support of this legislation.

The bill amends the definition of “video service” for purposes of the Communications Services Tax (CST) to include streaming and similar services. By definition: “video service” is to include subscriptions to digital video content and the rental of digital video content delivered to a Florida service address by download, streaming, or some combination thereof, and where the access to such content expires at a specific time or on the occurrence of a condition subsequent (such as the end of a subscription period).

Additionally, the bill reduces the state CST rate from 4.92 percent to 4.9 percent.

SB 1174 will now move to the Senate Community Affairs Committee.

AIF supports legislation that will reduce the communications services tax and have a positive financial impact on Florida’s consumers, many of whom are businesses that pay for cable, satellite and streaming services.

 

SB 1240 – Relating to Corporate Income Tax

On Tuesday, February 4, SB 1240 by Senator Joe Gruters (R-Sarasota) was heard by the Senate Commerce and Tourism Committee and was reported favorable with 5 yeas and 0 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, spoke in support of this legislation.

Florida imposes a 5.5 percent tax on the taxable income of corporations and financial institutions doing business in Florida. A corporation calculates its taxable income for Florida tax purposes by starting with its taxable income determined for federal tax purposes. This means that a corporation paying taxes in Florida receives the same treatment in Florida as is allowed in determining its federal taxable income.

The bill grants eligible car rental, leasing, or financing companies a $2 million tax credit against their Florida corporate taxes paid for the 2018 taxable year. To be eligible for the tax credit, these companies must have deferred gains on the sale of personal property for corporate federal income tax purposes under s. 1031 of the Internal Revenue Code during the August 1, 2016-August 1, 2017 taxable year, and incurred a specific rise in tax liability in the August 1, 2017-August 1, 2018 taxable year.

SB 1240 will now move to the Senate Finance and Tax Committee.

AIF supports a reduced corporate income tax on businesses to encourage corporate growth and the expansion of employment opportunities in Florida.

 

SB 1642 – Relating to Tax Exemptions

On Tuesday, February 4, SB 1642 by Senator Joe Gruters (R-Sarasota) was heard by the Senate Commerce and Tourism Committee and was reported favorable with 4 yeas and 1 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

Florida levies a 6 percent sales and use tax on the sale or rental of most tangible personal property, admissions, transient rentals, and a limited number of services.

The bill exempts from sales tax the purchase of aircraft equipment used for advanced training purposes as part of a contract with the U.S. Department of Defense (DOD) or a military branch of a recognized foreign government, as well as certain parts and accessories for industrial machinery and equipment. Specifically, industrial machinery and equipment for the manufacture, processing, compounding, or production of items is tax exempt.

SB 1642 will now move to the Senate Finance and Tax Committee.

AIF supports a tax exemption on industrial machinery that gives manufacturers and industrial businesses in Florida the tools needed to create jobs and continue to drive the economy.