1(1) 2It is the intent of the Legislature in enacting this code to impose a tax upon all corporations, organizations, associations, and other artificial entities which derive from this state or from any other jurisdiction permanent and inherent attributes not inherent in or available to natural persons, such as perpetual life, transferable ownership represented by shares or certificates, and limited liability for all owners. It is intended that any limited liability company that is classified as a partnership for federal income tax purposes and is defined in and organized pursuant to chapter 605 or qualified to do business in this state as a foreign limited liability company not be subject to the tax imposed by this code. It is the intent of the Legislature to subject such corporations and other entities to taxation hereunder for the privilege of conducting business, deriving income, or existing within this state. This code is not intended to tax, and shall not be construed so as to tax, any natural person who engages in a trade, business, or profession in this state under his or her own or any fictitious name, whether individually as a proprietorship or in partnership with others, or as a member or a manager of a limited liability company classified as a partnership for federal income tax purposes; any estate of a decedent or incompetent; or any testamentary trust. However, a corporation or other taxable entity which is or which becomes partners with one or more natural persons shall not, merely by reason of being a partner, exclude from its net income subject to tax its respective share of partnership net income. This statement of intent shall be given preeminent consideration in any construction or interpretation of this code in order to avoid any conflict between this code and the mandate in s. 5, Art. VII of the State Constitution that no income tax be levied upon natural persons who are residents and citizens of this state.
327(2) 328It is the intent of the Legislature that the tax levied by this code be construed to be an excise or privilege tax measured by net income and that such tax not be deemed or construed to be a property tax or a tax on property or a tax measured by the value of property for any purpose.
386(3) 387It is the intent of the Legislature that the income tax imposed by this code utilize, to the greatest extent possible, concepts of law which have been developed in connection with the income tax laws of the United States, in order to:429(a) 430Minimize the expenses of the Department of Revenue and difficulties in administering this code;
444(b) 445Minimize the costs and difficulties of taxpayer compliance; and
454(c) 455Maximize, for both revenue and statistical purposes, the sharing of information between the state and the Federal Government.
473(4) 474It is the intent of the Legislature that the tax imposed by this code be prospective in effect only. Consistent with this intention and the intent expressed in subsection (3), it is hereby declared to be the intent of the Legislature that:516(a) 517“Income,” for purposes of this code, including gains from the sale, exchange, or other disposition of property, be deemed to be created for Florida income tax purposes at such time as such income is realized for federal income tax purposes;
558(b) 559No accretion of value, no accrual of gain, and no acquisition of a right to receive or accrue income which has occurred or been generated prior to November 2, 1971, be deemed to be “property,” or an interest in property, for any purpose under this code; and
607(c) 608All income realized for federal income tax purposes after November 2, 1971, be subject to taxation in full by this state and be taxed in the manner and to the extent provided in this code.
643(5) 644It is the intent of the Legislature that, if there is included in any taxpayer’s net income subject to tax under this code any item or items of income which are determined to be improperly so included because of a conflict with any federal statute, the Constitution of the United States, or the State Constitution, all such items of income be excluded from the net incomes of all taxpayers subject to tax under this code, but all other provisions of this chapter, and their application, not be invalidated or in any way impaired by such required exclusion of an item or items of income.
748(6)(a) 749It is the intent of the Legislature that the enterprise zone jobs credit provided by s. 765220.181 766be applicable only to those businesses located in an enterprise zone. It is further the intent of the Legislature to provide an incentive for the increased provision of employment opportunities leading to the improvement of the quality of life of those employed and the positive expansion of the economy of the state as well as the economy of present enterprise zones. 827(b) 828Any person charged with any criminal offense arising from a civil disorder associated with an emergency, as defined in s. 848220.03(1)(i), 849and found guilty, whether or not adjudication of guilt or imposition of sentence is suspended, deferred, or withheld, is not eligible to make application for, receive, or in any other manner enjoy the benefits or any form of assistance available under chapter 80-247, Laws of Florida. 895(c) 896This subsection expires on the date specified in s. 905290.016 906for the expiration of the Florida Enterprise Zone Act. 915(7)(a) 916It is the intent of the Legislature that the enterprise zone property tax credit provided by s. 933220.182 934be applicable only to those new or expanded businesses located in enterprise zones which make a positive expansionary contribution to the economy of this state and to the economy of their local communities in terms of new jobs for residents of enterprise zones and improvements to real and personal property located in enterprise zones. 988(b) 989Any person charged with any criminal offense arising from a civil disorder associated with an emergency, as defined in s. 1009220.03(1)(i), 1010and found guilty, whether or not adjudication of guilt or imposition of sentence is suspended, deferred, or withheld, is not eligible to make application for, receive, or in any other manner enjoy the benefits or any form of assistance available under chapter 80-248, Laws of Florida. 1056(c) 1057This subsection expires on the date specified in s. 1066290.016 1067for the expiration of the Florida Enterprise Zone Act. 1076(8) 1077It 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. 1106631.828, 1107those enumerated in s. 1111220.191, 1112those enumerated in s. 1116220.181, 1117those enumerated in s. 1121220.183, 1122those enumerated in s. 1126220.182, 1127those enumerated in s. 1131220.1895, 1132those enumerated in s. 1136220.195, 1137those enumerated in s. 1141220.184, 1142those enumerated in s. 1146220.186, 1147those enumerated in s. 1151220.1845, 1152those enumerated in s. 1156220.19, 1157those enumerated in s. 1161220.185, 1162those enumerated in s. 1166220.1875, 1167those enumerated in s. 1171220.193, 1172those enumerated in s. 1176288.9916, 1177those enumerated in s. 1181220.1899, 1182those enumerated in s. 1186220.194, 1187and those enumerated in s. 1192220.1961193. 1194(9) 1195Notwithstanding any other provision of this chapter, it is the intent of the Legislature that, except as otherwise provided under the Internal Revenue Code, for the purposes of this chapter, the term “qualified subchapter S subsidiary,” as that term is defined in s. 1361(b)(3) of the Internal Revenue Code, shall not be treated as a separate corporation or entity from the S corporation parent to which the subsidiary’s assets, liabilities, income, deductions, and credits are attributed under s. 1361(b)(3) of the Internal Revenue Code.
