Corporate Income/Franchise and Emergency Excise Tax Return for taxable years beginning on or after January 1, 2008.
F-1120N R. 01/09
Rule 12C-1.051 Florida Administrative Code Effective 01/09
Change in Estimated Tax Due Dates
Effective January 1, 2009, the due dates for declarations of estimated tax and the due dates for payments of estimated tax will be one day earlier than in previous years. This change will require the declaration or the payment to be made on or before the last day of the 4th month, the last day of the 6th month, the last day of the 9th month, and the last day of the tax year. See pages 4 and 16. The Florida Corporate Income Tax Code Does Not Conform to First Year Federal Bonus Depreciation or the Expensing of Certain Property above $25,000. Otherwise, Florida follows the 2008 Internal Revenue Code (IRC) in computing Florida corporate income tax. Additions to federal taxable income are required. See the instructions for Schedule I, Lines 14 and 15 on page 9.
Using Software to Prepare Your Return
If you use commercial software to prepare and file your return: The Department of Revenue must approve all vendor software. Ask the vendor for proof that you are using approved software. Make sure that the software is for the correct year. You cannot use 2008 software to produce 2009 tax forms. Visit the Department's Internet site to obtain a list of approved software vendors. If you used software to produce your tax return last year, you will not receive a corporate income tax return package this year.
What's Inside
Who must file ...........................................................p. 2 When to file and pay.............................................p. 2 Estimated tax and due dates ...........................p. 4 Special instructions ............................................p. 4 Line-by-line instructions ...................................p. 5 Form ordering instructions ........................... p. 16
Save Time and Paperwork with Electronic Filing.
You are able to file and pay your Florida corporate income tax return (F-1120) electronically through the IRS 1120 Federal/State Electronic Filing Program. You must file and pay electronically if you paid $20,000 or more in tax during the State of Florida's prior fiscal year (July 1 June 30). Go to the Department's Internet site at www.myflorida.com/dor for more information.
Florida Department of Revenue www.myflorida.com/dor
Instructions for preparing Florida Forms F-1120, F-7004, and F-1120ES for taxable years beginning on or after January 1, 2008
General Information
Corporate income tax is imposed by section (s.) 220.11, Florida Statutes (F.S.).
Who is Eligible to File Form F-1120A?
A corporation qualifies to file Florida Form F-1120A if it meets ALL the following criteria: · It has Florida net income of $45,000 or less. · It conducts 100 percent of its business in Florida. · It does not report any additions to and/or subtractions from federal taxable income other than a net operating loss deduction and/or state income taxes, if any. · It has no Florida Emergency Excise Tax (EET) liability. Corporations that only have assets placed into service after January 1, 1987, are not subject to Florida EET. · It is not included in a Florida or federal consolidated corporate income tax return. · It claims no tax credits other than tentative tax payments or estimated tax payments. · It is not required to pay Federal Alternative Minimum Tax.
Who Must File a Florida Corporate Income/ Franchise Tax Return?
· All corporations (including tax-exempt organizations) doing business, earning income, or existing in Florida. · Every bank and savings association doing business, earning income, or existing in Florida. · All associations or artificial entities doing business, earning income, or existing in Florida. · Foreign (out-of-state) corporations that are partners or members in a Florida partnership or joint venture. A "Florida partnership" is a partnership doing business, earning income, or existing in Florida. · A limited liability company (LLC) classified as a corporation for Florida and federal income tax purposes is subject to the Florida Income Tax Code and must file a Florida corporate income tax return. · An LLC classified as a partnership for Florida and federal income tax purposes must file a Florida Partnership Information Return (Florida Form F-1065) if one or more of its owners is a corporation. In addition, the corporate owner of an LLC classified as a partnership for Florida and federal income tax purposes must file a Florida corporate income tax return. · A single member LLC disregarded for Florida and federal income tax purposes is not required to file a separate Florida corporate income tax return. The income must be reported on the owner's return if the single member LLC is owned, directly or indirectly, by a corporation. The corporation must file Florida Form F-1120, reporting its own income and the income of the single member LLC, even if the only activity of the corporation is ownership of the single member LLC. · Homeowner and condominium associations that file federal Form 1120 (U.S. Corporation Income Tax Return) must file Florida Form F-1120 or F-1120A regardless of whether any tax may be due. If you file federal Form 1120-H (U.S. Income Tax Return for Homeowners Associations), you are not required to file a Florida return. · Political organizations that file federal Form 1120-POL. · S corporations that pay federal income tax on Line 22c of federal Form 1120S. · Tax-exempt organizations that have "unrelated trade or business income" for federal income tax purposes are subject to Florida corporate income tax and must file either Florida Form F-1120 or F-1120A.
Electronic Filing
You are able to file and pay your Florida corporate income tax return (F-1120) electronically through the IRS 1120 Federal/State Electronic Filing Program. You must file and pay electronically if you paid $20,000 or more in tax during the State of Florida's prior fiscal year (July 1 June 30). Go to the Department's Internet site for more information.
When is Florida Form F-1120 Due?
Generally, Florida Form F-1120 is due the later of: (1) On or before the first day of the fourth month following the close of the tax year. For example, for a taxpayer with a tax year that ends December 31, the Florida Form F-1120 is due on or before April 1 of the following year; or (2) The 15th day following the due date, without extension, for the filing of the related federal return for the taxable year. For example, if the federal return is due on May 1, the related Florida Form F-1120 is due on May 15. You must file a return, even if no tax is due. If the due date falls on a Saturday, Sunday, or federal or state holiday, the return is considered to be filed on time if postmarked on the next business day. Note: A late-filed return will subject a corporation to penalty, whether or not tax is due.
Extension of Time to File
To apply for an extension of time for filing Florida Form F-1120, you must complete Florida Form F-7004, Florida Tentative Income/Franchise and Emergency Excise Tax Return and Application for Extension of Time to File Return. The Florida Form F-7004 with instructions is included in the Florida Form F-1120 package. Go to the Department's Internet site for information on electronic filing and payment of tentative tax.
Florida Corporate Short Form F-1120A
Corporations or other entities subject to Florida corporate income tax must file Florida Form F-1120 unless qualified to file Florida Corporate Short Form Income Tax Return, Florida Form F-1120A.
Florida Corporate Income Tax Return filing dates. (Returns are generally due the 1st day of the 4th month following the close of the taxable year.) Taxable Year-End Return (F-1120) or Extension (F-7004) Extended due date 12/08 4/1/09 10/1/09 01/09 5/1/09 11/2/09 02/09 6/1/09 12/1/09 03/09 7/1/09 1/4/10 04/09 8/3/09 2/1/10 05/09 9/1/09 3/1/10 06/09 10/1/09 4/1/10 07/09 11/2/09 5/3/10 08/09 12/1/09 6/1/10 09/09 1/4/10 7/1/10 10/09 2/1/10 8/2/10 11/09 3/1/10 9/1/10
Important Note: The extension of time request (Form F-7004) only extends the date for filing the return, not the payment of the tax due.
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You must file Florida Form F-7004 to extend your time to file. A copy of your federal extension alone will not extend the time for filing your Florida return. See Rule 12C-1.0222, F.A.C., for information on the requirements that must be met for your request for an extension of time to be valid.
Interest
A floating rate of interest applies to underpayments, late payments, and overpayments of corporate income tax and emergency excise tax. We update the floating interest rate on January 1 and July 1 of each year by using the formula established in s. 220.807, F.S. For information on current and prior period interest rates, visit our Internet site.
Payment of Tax
You must pay the amount of tax due, as shown on Line 18 of the return, and either file your return or extension of time by the original due date. Make payments in U.S. funds. Penalties and interest apply to late payments.
Required Attachments
Attach a copy of the actual federal income tax return filed with the Internal Revenue Service (IRS). You must also attach copies of federal Forms 4562, 851 (or Florida Form F-851), 1122, 4626, Schedule D, Schedule M-3, and any supporting details for Schedules M-1 and M-2. Attach other supporting schedules if requested in these instructions. Do not detach the coupon located at the bottom of the first page of your Florida Form F-1120 or your account may not be properly credited. You may use additional sheets if the lines on Florida Form F-1120 or on any schedules are not sufficient. The additional sheets must contain all the required information and follow the format of the schedules on the return. Enter the taxpayer's name and FEIN on all sheets exactly as they appear on the front page of Florida Form F-1120.
Using Payment Credits
When a corporation makes payment using payment credits from a different Federal Employer Identification Number (FEIN), the following documentation is required: · Written authorization, including an original signature of a corporate officer, from the corporation or entity that made the payment. · The FEIN and complete names of the corporations or entities involved. · The applied period (taxable year-end) for the payment credits you are requesting to transfer. · The type of credit and the amount of payment credit you are requesting to transfer.
Where to Send Payments and Returns
Make check payable to and send with return to: Florida Department of Revenue 5050 W Tennessee St Tallahassee FL 32399-0135 If you are requesting a refund (Line 20), send your return to: Florida Department of Revenue PO Box 6440 Tallahassee FL 32314-6440
Taxable Year and Accounting Methods
The taxable year and method of accounting must be the same for Florida income tax as it is for federal income tax. If you change your taxable year or your method of accounting for federal income tax, you must also change the taxable year or method of accounting for Florida income tax.
Rounding Off to Whole-Dollar Amounts
Whole-dollar amounts may be entered on the return and accompanying schedules. To round off dollar amounts, drop amounts less than 50 cents to the next lowest dollar and increase amounts from 50 cents to 99 cents to the next highest dollar. If you use this method on the federal return, you must use it on the Florida return.
Penalties
Late-Filed Return The penalty for a return filed late is 10 percent per month, or fraction thereof, not to exceed 50 percent of the tax due with the return. If no tax is due and you file late, the penalty is $50 per month or fraction thereof, not to exceed $300. Underpayment of Tentative Tax The penalty for underpayment of tentative tax is 12 percent per year during the extension period on the underpaid amount. You must calculate the penalty from the original due date of the return. Underpayment of Estimated Tax The penalty for underpayment of estimated tax is 12 percent per year. If you underpay your estimated tax, complete Florida Form F-2220, Underpayment of Estimated Tax, and attach it to Florida Form F-1120 (see Line 15 instructions). Incomplete Return For an incomplete return, the penalty is the greater of $300 or 10 percent of the tax finally determined to be due, not to exceed $10,000. An incomplete return is one that we cannot readily handle, verify, or review. Fraudulent Return The penalty for filing a false or fraudulent return is 100 percent of the deficiency. Electronic Filing The penalty is 5% of the tax due for each month the return is not filed electronically. The penalty cannot exceed $250 in total.
Federal Employer Identification Number
If you do not have an FEIN, obtain one from the Internal Revenue Service. You can: · Apply online at www.irs.gov · Apply by telephone at 800-829-4933. · Apply by mail with IRS Form SS-4. To obtain this form, download or order it from www.irs.gov or call 800-829-3676.
To Amend a Return
You must complete a Florida Form F-1120X to amend your Florida corporate income tax return if: · You file an amended federal return. · A redetermination of federal income is made (for example, through an audit adjustment), and · The adjustments would affect net income subject to the Florida corporate income/franchise tax or the emergency excise tax. Go to our Internet site for Florida Form F-1120X with instructions.
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Estimated Tax (Form F-1120ES)
Who Must Make Estimated Tax Payments?
If you expect the combined amount of your income tax and emergency excise tax liability for the year to be more than $2,500, you must make a declaration of estimated tax for the taxable year. Use Florida Form F-1120ES, Declaration/Installment of Florida Estimated Income/Franchise and Emergency Excise Tax to declare and pay estimated tax. To determine if a declaration and payment of estimated tax is required, complete the Estimated Tax Worksheet on page 6 of the Florida Form F-1120.
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Due Dates for Declaration and Payment
Make your estimated tax payments in four equal installments. For calendar year filers, payments are due on April 30, June 30, September 30, and December 31. Florida Form F-1120 includes Florida Form F-1120ES coupons and instructions for making these four installment payments. The Department does not send reminder notices for estimated tax installments. Do not annualize your payments. The table on page 16 shows the due dates of declarations and payments for all taxpayers. Corporations having a 52-week or 53-week annual accounting period should file a declaration and make payments on dates nearest those shown in the table. To pay estimated tax, go to the Department's Internet site.
In the initial year of election, you must complete Florida Form F-1122, Authorization and Consent of Subsidiary Corporation to be Included in a Consolidated Income and Emergency Excise Tax Return for each affiliated member. Attach the form to the Florida consolidated return. Complete Florida Form F-1122 and attach for each new member of the affiliated group. A copy of federal Form 851 or Florida Form F-851 (Corporate Income/Franchise and Emergency Excise Tax Affiliations Schedule), must be attached to every Florida consolidated return filed. You must make the election by the due date of the return, including properly filed extensions.
The filing of a Florida consolidated tax return for any taxable year requires the filing of a consolidated return for all subsequent years, including subsequent additions to the group, even if the parent subsequently is not subject to Florida tax. For more information see s. 220.131, F.S., and Rule 12C-1.011, Florida Administrative Code (F.A.C.).
Florida Net Operating Loss Carryover Deduction (NOLD)
You may not carry back a Florida net operating loss as a deduction to a prior taxable year. A net operating loss must be carried over to subsequent taxable years and treated in the same manner, to the same extent, and for the same time periods prescribed in s. 172, IRC. The Florida subtraction for federal net operating losses is limited to the portion of the carry forward apportioned to Florida using the apportionment fraction for the year in which the loss occurred. To support a deduction, attach a schedule showing the following information: · · · · · · · Tax Year Adjusted Federal Loss Apportionment Fraction for the Year of Loss Florida Apportioned Net Operating Loss Carryover (NOLCO) NOLCO Used Florida Net Income/Loss NOL Carry Forward to Next Year
Short Taxable Years
You must file a separate declaration (Florida Form F-1120ES) when a return is required for a period of less than 12 months, unless the short period is less than four months or the requirement is first met after the first day of the last month in the short taxable year. When determining if you must file a declaration of estimated tax for a short taxable year, which results from a change in annual accounting period, you must annualize your net income for the short period. Multiply the short year's income by 12 and divide the result by the number of months in the short period. If the tax due based on this income is greater than $2,500, a declaration is required.
Amended Declaration (Form F-1120ES)
You must base your declaration of estimated tax upon a reasonable projection of tax liability. Circumstances may develop during the year that warrant a revision of the original estimated tax. If the revised estimate differs materially from the original estimate, file an amended declaration on or before the next installment due date.
See the Example of Florida Net Operating Loss Carry Forward Schedule on page 5. If you conduct all of your business in Florida, you must enter the Florida net operating loss carryover deduction available on Schedule II, Line 3. If you are doing business outside Florida, you must enter zero (0) on Schedule II, Line 3, and the amount of the NOLD on Schedule IV, Line 4. Florida Statutes do not provide for a separate calculation for an Alternative Minimum Tax (AMT) net operating loss. You must use the regular NOLD available against regular taxable income or Alternative Minimum Taxable Income (AMTI). The NOLD carryover will be reduced by the amount actually used as a deduction from the regular Florida taxable income or the Florida AMTI. The Florida Income Tax Code does not limit the amount of the NOLD to 90 percent of the alternative minimum taxable income before the NOLD.
Underpayments of Estimated Tax
If you underpay estimated tax, penalty and interest apply (see "Penalties" and "Interest" and the instructions for Line 15).
Special Instructions
Consolidated Returns
The privilege of electing to file a Florida consolidated income tax return is limited to an affiliated group where the parent corporation is subject to the Florida Income Tax Code and: 1. 2. The affiliated group must have filed a consolidated return for federal income tax purposes. The affiliated group electing to file a Florida consolidated return must be identical to the affiliated group filing the federal consolidated return.
Florida Net Capital Loss Carryover Deduction
You may not carry back a Florida net capital loss as a deduction to a prior taxable year. A net capital loss must be carried over to subsequent tax years and treated in the same manner, to the same extent, and for the same periods prescribed in s. 1212, IRC.
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The Florida subtraction for net capital loss carryovers is limited to the portion of the carry forward apportioned to Florida using the apportionment fraction for the year in which the loss occurred. To support a deduction, you must attach a schedule showing how you computed the deduction: · Year(s) of loss, · Apportionment fraction for the taxable year in which the loss occurred, and · Amount of the carryover(s) previously deducted. If you conduct all of your business in Florida, you must enter the Florida net capital loss carryover on Schedule II, Line 4. If you are doing business outside Florida, you must enter zero (0) on Schedule II, Line 4, and the Florida portion of net capital loss carryover on Schedule IV, Line 5.
Florida Excess Contribution Carryover Deductions
The Florida subtraction for federal excess contributions deduction is limited to the portion of the carry forward apportioned to Florida using the apportionment fraction for the year in which the carry forward occurred. To support a deduction, you must attach a schedule showing how you computed the deduction: · Year(s) of excess contributions, · Apportionment fraction for the taxable year(s), and · Amount of the carryover(s) previously deducted. If you conduct all of your business in Florida, you must enter the Florida excess charitable contribution carryover on Schedule II, Line 5, and the Florida employee benefit plan contribution carryover on Schedule II, Line 6. If you are doing business outside Florida, you must enter zero (0) on Schedule II, Lines 5 and 6. You must enter the Florida portion of your excess charitable contribution carryover on Schedule IV, Line 6, and the Florida portion of your excess employee benefit plan contribution carryover on Schedule IV, Line 7.
Example of Florida Net Operating Loss Carry Forward Schedule
Tax Year (a) Adjusted Federal Income / Loss $ $ $ $ $ $ (1,000,000) 1,500,000 (2,000,000) (2,500,000) 3,000,000 3,500,000 (b) Apportionment Fraction for Year of Loss (rounded to 6 decimal places) 0.123456 1.000000 1.000000 1.000000 1.000000 1.000000 (c) Florida Apportioned NOLCO (a) x (b) $ $ $ $ $ $ (123,456) 1,500,000 (2,000,000) (2,500,000) 3,000,000 3,500,000 (d) NOLCO Applied (e) Florida Net Income/Loss (c + d) $ $ $ $ $ $ (123,456) 1,376,544 (2,000,000) (2,500,000) 1,500,000 (f) NOL Carry Forward to Next Year $ $ $ $ $ $ (123,456) (2,000,000) (4,500,000) (1,500,000) -
2000 2001 2002 2003 2004 2005
$ $ $ $ $ $
(123,456) (3,000,000) (1,500,000)
Line-by-Line Instructions for Completing Florida Form F-1120
We number Instructions to correspond with the appropriate schedule and line numbers.
· A copy of the related federal consolidated return that was filed. · A statement reconciling the amount reported on Line 1 with the taxable income shown on Line 30 of the related federal consolidated return. When you file a Florida consolidated return, the amount that you should enter is the: · Consolidated federal taxable income from Line 30 of federal Form 1120, or · Corresponding line (taxable income) of the federal income tax return filed. Generally, the Florida consolidated group must be identical to the federal consolidated group. S corporations should enter only the amount of income subject to federal income tax at the corporate level. Line 2 - State Income Taxes Deducted in Computing Federal Taxable Income Enter the total amount of state income taxes deducted on the federal return in the computation of federal taxable income. Include the amount deducted for income taxes paid to the District of Columbia and all states, including Florida. Also, include any Florida emergency excise tax deducted on the federal return. Do not include taxes based on gross receipts, or income taxes paid to cities or counties.
Computation of Florida Net Income and Emergency Excise Tax
Chapter 220, F.S., provides that corporations and other entities base Florida net income on federal taxable income with certain modifications. Such modifications include Florida additions and subtractions, apportionment, and the Florida exemption. Line 1 - Federal Taxable Income Generally, corporations should enter the amount shown on Line 30 of federal Form 1120 or the corresponding line (taxable income) of the related federal income tax return. If a corporation is a member of an affiliated group that filed a consolidated federal tax return, but the corporation is filing a separate return for Florida, the amount shown on Line 1 of the Florida Form F-1120 should be its federal taxable income computed as if it had filed a separate federal income tax return. Attach to Florida Form F-1120:
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Note: You must attach a list to Florida Form F-1120 identifying the amount of tax and the state to which it was paid. Line 3 - Additions to Federal Taxable Income Enter the total amount of additions or adjustments to federal taxable income shown on Schedule I, Line 17, Column (a). Line 4 - Total of Lines 1, 2, and 3 Line 5 - Subtractions from Federal Taxable Income Enter the total amount of subtractions from federal taxable income shown on Schedule II, Line 10, Column (a). Line 6 - Adjusted Federal Income Subtract Line 5 from Line 4 and enter the difference. Line 7 - Florida Portion of Adjusted Federal Income If the taxpayer's business is entirely within Florida, enter the amount reported on Line 6 on this line. If the taxpayer is doing business outside Florida, complete Schedules III and IV and enter the adjusted federal income amount from Schedule IV, Line 9, Column (a). Line 8 - Nonbusiness Income Allocated to Florida If the taxpayer's business is entirely within Florida, enter zero (0). If the business is outside Florida, see the instructions for Schedule R. Line 9 - Florida Exemption Section 220.14, F.S., exempts up to $5,000 of Florida net income. The amount of the exemption is the lesser of $5,000 or the Florida portion of adjusted federal income plus nonbusiness income allocated to Florida (Line 7 plus Line 8). If the sum of Line 7 plus Line 8 is zero or less, enter zero (0). Florida allows only one $5,000 exemption to the members of a controlled group of corporations as defined in s. 1563, IRC. If you file a consolidated return, the amount of exemption taken on Line 9 is limited to the lesser of $5,000 or the Florida portion of adjusted income plus nonbusiness income allocated to Florida (Line 7 plus Line 8). If members of the controlled group file separate returns, follow the instructions for Question H-1 on page 7. If the taxable year is less than 12 months, the $5,000 exemption must be prorated. Multiply $5,000 by the number of days in the short tax year divided by 365. Line 10 - Florida Net Income Subtract Line 9 from the sum of Lines 7 and 8 and enter the difference. If the result is a loss, enter zero (0). Line 11 - Tax Due Enter 5.5 percent of Line 10 or the amount from Schedule VI (Computation of Florida Alternative Minimum Tax), Line 11, whichever is greater. See instructions for Schedule VI. Line 12 - Credits Against the Tax Enter the total credits against the tax from Schedule V, Line 18. Credits against the tax cannot exceed the amount of tax due on Line 11 and cannot create a refund. Line 13 - Emergency Excise Tax Due Enter the total emergency excise tax due from Schedule A, Line 20. Line 14 - Total Corporate Income/Franchise and Emergency Excise Tax Due Subtract Line 12 from Line 11. Add the difference to Line 13 and enter the sum on Line 14. Line 15 - Penalty and Interest If you have underpaid estimated tax, you may compute penalty and interest using Florida Form F-2220 and enter the amounts on Lines 15(a) and 15(c). To obtain Florida Form F-2220, see "For Information and Forms" on page 16.
Penalty and interest on an underpayment of estimated tax are computed from the installment due date until the earlier of the payment date or due date for filing the annual tax return, without regard to any extension of time. No penalty or interest will apply if the cumulative amount paid or credited for each installment equals or exceeds the cumulative amount due if the installments were based on: · At least 90 percent of the tax finally shown to be due for the taxable year; or · The tax computed using the prior year facts and income and current year rates. Enter any other penalty or interest due on Lines 15(b) and 15(d) respectively. See also "Penalties" and "Interest" on page 3. Line 16 - Total of Lines 14 and 15. Line 17 - Payment Credits On Line 17(a), enter the total estimated tax payments, if any, made for the taxable year, plus any carryovers from previous years or corporate income tax credit memos issued by the Department. If you filed Florida Form F-7004, enter the tentative tax paid on Line 17(b). Add the estimated tax payments and the tentative tax paid (Line 17(a) plus Line 17(b)). Enter that sum on Line 17. Attach a schedule of payments showing the amounts paid and dates of each payment. Line 18 - Total Amount Due Subtract the amount on Line 17 from Line 16 and enter the amount due. Also, enter the amount due in the space provided at the bottom of the front page of Florida Form F-1120. Make your check payable to the Florida Department of Revenue. If tax was overpaid, please refer to the instructions for Lines 19 and 20. Line 19 - Credit Enter the amount of overpayment you want applied to the following taxable year as an estimated tax payment. You may apply any portion of an overpayment as an estimated tax payment. Also, enter this amount in the space provided at the bottom of the front page of Florida Form F-1120. Note: The election to apply an overpayment to the next year's estimated tax is irrevocable. For more information, see Rule 12C-1.034(8), F.A.C., titled Special Rules Relating to Estimated Tax. Line 20 - Refund Enter the amount of overpayment you want refunded on Line 20. You may request a refund of any portion of an overpayment. Also, enter this amount in the space provided at the bottom of the front page of Florida Form F-1120. If Line 20 is left blank, we will credit the entire overpayment to next year's estimated tax. Sub S corporations must include the Notice of Acceptance as an S Corporation from the IRS if the document has not been sent to the Department.
Signature and Verification
An officer or person authorized to sign for the entity must sign all returns. An original signature is required. We will not accept a photocopy, facsimile, or stamp. A receiver, trustee, assignee, or other fiduciary must sign any return filed on behalf of the entity. Any person, firm, or corporation who prepares a return for compensation must also sign the return and provide: · Federal employer identification number (FEIN). · Preparer tax identification number (PTIN).
Questions A through M
All taxpayers must answer questions A through M. Question A - Enter the state in which you are incorporated.
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Question B - Enter the Florida document number received from the Florida Secretary of State. For information, contact the Department of State, Corporate Information at 850-488-9000 or visit the Internet site at
Depreciation Elections
The "General Rule" refers to s. 220.03(5)(a), F.S. Pursuant to this section, all amendments to the Internal Revenue Code of 1954 enacted after January 1, 1980, and before January 1, 1982, and have effective dates prior to January 1, 1982, were given effect under Chapter 220, F.S., retroactively to the effective date of such amendments. Taxpayers who elected to be governed by the General Rule; or did not make a valid election pursuant to s. 220.03(5)(b), F.S., or s. 220.03(5)(c), F.S., for taxable years beginning prior to January 1, 1987, are subject to the EET on assets placed in service between January 1, 1981, and December 31, 1986. "Election A" means the election made by taxpayers for taxable years beginning prior to January 1, 1987, pursuant to s. 220.03(5)(b), F.S., to report and pay the corporate income/ franchise tax as if the amendments to the Internal Revenue Code that were enacted after January 1, 1980, and before January 1, 1982, became effective on January 1, 1982. Taxpayers who made Election A are required to make a depreciation adjustment in computing the corporate income/franchise tax if any depreciable assets were placed in service between January 1, 1981, and December 31, 1981, but are not subject to EET on those assets. Enter this adjustment on Schedule I, Line 16. Taxpayers who made Election A are subject to the EET on assets placed in service between January 1, 1982, and December 31, 1986. "Election B" means the election made by taxpayers for taxable years beginning prior to January 1, 1987, pursuant to s. 220.03(5)(c), F.S., to report and pay the corporate income/ franchise tax as if the Internal Revenue Code of 1954, as amended and in effect on January 1, 1980, is in effect indefinitely. Taxpayers who made Election B are required to make a depreciation adjustment in computing the corporate income/ franchise tax if any depreciable assets were placed in service between January 1, 1981, and December 31, 1986, but are not subject to EET. Enter this adjustment on Schedule I, Line 16. Taxpayers who properly made Election B should not complete Schedule A. If a consolidated Florida corporate income/franchise tax return is filed, a separate schedule listing the name, address, FEIN, and the depreciation election (General Rule, Election A, or Election B) of each included corporation must be attached. Line 1 - Total Depreciation Expense Deducted on Federal Form 1120 Enter the total depreciation deducted as an expense on federal Form 1120. This amount includes depreciation expenses calculated on federal Form 4562 and any other depreciation expenses deducted on the federal income tax return. Corporations that are members of a partnership or joint venture must also include their distributive share of partnership depreciation deductions. You must attach a copy of federal Form 4562 to this return. Line 2 - Florida Portion of Adjusted Federal Income Taxpayers not required to calculate Florida alternative minimum tax (AMT) should enter the amount from Line 7 of the front page of the return. Taxpayers required to calculate Florida AMT should enter the greater of Line 7 from the front page of the return or Line 7 from Schedule VI. (Note: If both amounts are positive, the amount entered will not affect the calculation.) Line 3 - Loss Carry Forward If Schedule A, Line 2 shows a positive amount (gain), enter zero (0). If Schedule A, Line 2 shows a loss or zero, enter the loss carry forward, if any, from Schedule II, Line 3 or Schedule IV, Line 4 of Florida Form F-1120.
Schedule A Computation of Emergency Excise Tax (EET)
Schedule A applies only to depreciable assets using the ACRS depreciation method put in service from January 1, 1981, through December 31, 1986. Schedule A does not apply if the inception date of the business is on or after January 1, 1987. If you are completing Schedule A for the first time, you are required to follow the "General Rule" election explained below, because the right to choose Election A or B expired on December 31, 1986. If you must pay EET, you may claim it as a credit in the fifth taxable year following the year it is paid.
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Line 5 - Depreciation Deducted Pursuant to s. 168, IRC The depreciation expense deducted on federal Form 1120 pursuant to s. 168, IRC, for any asset placed in service between January 1, 1981, and December 31, 1986, should be entered for all taxpayers subject to the General Rule [s. 220.03 (5)(a), F.S.]. If the corporation is a member of a partnership or joint venture, the distributive share of the depreciation deduction pursuant to s. 168, IRC, for all assets placed in service between January 1, 1981, and December 31, 1986, must also be included on Line 5. Taxpayers governed by Election A [s. 220.03(5)(b), F.S.] should enter the depreciation expense deducted on federal Form 1120 pursuant to s. 168, IRC, for any asset placed in service between January 1, 1982, and December 31, 1986. If a corporation that made Election A is a member of a partnership or joint venture, the distributive share of the depreciation deduction on assets placed in service between January 1, 1982, and December 31, 1986, must also be included in Line 5. Note: Taxpayers governed by Election B should not complete Schedule A. Line 6 - Depreciation Deducted Pursuant to s. 168(b)(3) and 60 Percent of Amount Previously Taxed on Schedule VI (a) Enter the amount of straight-line depreciation included on Schedule A, Line 5 and deducted on federal Form 1120 pursuant to s. 168(b)(3), IRC. (b) Taxpayers required to pay Florida AMT should enter the sum of: (1) any straight-line depreciation included on Schedule A, Line 5, deducted on federal Form 1120 pursuant to s. 168(b)(3), IRC and (2) 60 percent of the depreciation included on Schedule A, Line 5, which was also included on federal Form 4626 as a tax preference amount or ultimately included within the adjusted current earnings (ACE) adjustment. Line 7 - Depreciation Related to Nonbusiness Income Enter the amount of depreciation on Schedule A, Line 5, directly related to an amount subtracted as nonbusiness income on Schedule II, Line 7. Line 12 - Nonbusiness Income Determine the amount of all depreciation deducted pursuant to s. 168, IRC [except s. 168(b)(3), IRC] directly related to an amount of nonbusiness income allocated to Florida. Multiply this amount of depreciation by 40 percent and enter on Line 12. Line 15 - Exemption (a) Taxpayers not required to pay Florida AMT should enter the difference between $5,000 and the amount of the Florida exemption taken on Line 9, on the front page of Florida Form F-1120. (b) Taxpayers required to pay Florida AMT should enter the difference between $5,000 and the amount of the Florida exemption taken on Schedule VI, Line 9. Line 19 - Emergency Excise Tax (EET) Credit Florida allows a credit in the fifth taxable year following the taxable year for which EET was paid. The amount of the EET credit is equal to the amount of the EET paid plus any credit or carryover applied to reduce the amount of EET due. Attach a schedule showing computation to support the credit claimed. You may carry forward any unused credit for a period not to exceed five (5) years. The amount on Line 19 cannot exceed the amount on Line 18. If the amount of the credit exceeds the EET due, you may take the excess amount on Schedule V, Line 8. When filing a final return, the taxpayer must compute EET due for the final tax year. However, the taxpayer may take the EET liability computed for the final year as a credit against the EET due for that year. Therefore, the taxpayer will not actually have any liability for EET in the final year.
Note: Florida considers a return to be a final return when it is also a final return for federal purposes. When a C corporation elects to become an S corporation, the "final" C return is not considered the final tax return for the corporation. A return for a foreign (out-of-state) corporation that has ceased doing business in Florida is not a final return.
Schedule I Additions and/or Adjustments to Federal Taxable Income
Note: Taxpayers required to complete Schedule VI (Alternative Minimum Tax) must complete Column (b). Line 1 - Interest Excluded from Federal Taxable Income Column (a). Enter the amount of interest excluded from taxable income under s. 103(a), IRC, or any other federal law, less the associated expenses disallowed in the computation of taxable income under s. 265, IRC, or any other law. These items will be included in Schedule M-1 of the federal return. Column (b). Enter the amount entered under Column (a), less the amount already included in federal alternative minimum taxable income (usually 60 percent), including interest on private activity bonds and interest included in the adjusted current earnings (ACE) adjustment. Line 2 - Undistributed Net Long-Term Capital Gains Columns (a) and (b). If you are a regulated investment company (RIC) or a real estate investment trust (REIT), enter the undistributed net capital gain for the taxable year computed pursuant to ss. 852(b)(3)(D) and 857(b)(3)(D), IRC. Line 3 - Net Operating Loss Deduction Column (a). The amount of net operating loss deduction shown on Line 29(a) of the federal Form 1120 or on the corresponding line of other federal income tax forms. Column (b). The net operating loss deduction should be the amount on the federal Form 4626. Line 4 - Net Capital Loss Carryover Columns (a) and (b). Enter the net capital loss carryover, as defined in s. 1212, IRC, deducted from capital gains in computing federal taxable income for the taxable year. Refer to federal Form 1120, Schedule D, for this adjustment. Line 5 - Excess Charitable Contribution Carryover Columns (a) and (b). Enter the amount of excess charitable contributions, determined under s. 170(d)(2), IRC, carried forward and deducted in computing federal taxable income for the taxable year. Line 6 - Employee Benefit Plan Contribution Carryover Columns (a) and (b). Enter the total amount of excess employee benefit plan deductions determined under s. 404(a)(1)(E), IRC, (excess contributions to qualified pension plans) and s. 404(a) (3)(A)(ii), IRC, (excess contributions to qualified stock bonus or profit-sharing plans), and carried forward and deducted in computing federal taxable income for the taxable year. Line 7 - Enterprise Zone Jobs Credit Columns (a) and (b). Enter the amount from Line 3 of Schedule V. This will be the amount of enterprise zone jobs credit on Florida Form F-1156Z for the taxable year. Line 8 - Ad Valorem Taxes Allowable as an Enterprise Zone Property Tax Credit Columns (a) and (b). Enter the amount from Line 5 of Schedule V. This will be the portion of the ad valorem taxes paid or incurred for the taxable year that is allowable as an enterprise zone property tax credit on Florida Form F-1158Z.
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Line 9 - Guaranty Association Assessment(s) Credit Columns (a) and (b). Enter the portion of assessments to fund a guaranty association incurred for the taxable year that is equal to the amount of credit taken for the taxable year. Line 10 - Rural and/or Urban High Crime Area Job Tax Credits Columns (a) and (b). Enter the total of the amounts from Lines 6 and 7 of Schedule V. This is the amount taken as rural and/or urban high crime area job tax credits for the taxable year. Line 11 - State Housing Tax Credit Columns (a) and (b). Enter the amount from Line 13 of Schedule V. This is the amount taken as the state housing tax credit for the taxable year. Line 12 - Credit for Contributions to Nonprofit Scholarship Funding Organizations Columns (a) and (b). Enter the amount from Line 14 of Schedule V. This is the amount taken as a credit for contributions to nonprofit scholarship funding organizations for the taxable year. Line 13 - Renewable Energy Tax Credits Columns (a) and (b). Enter the total of the amounts from Lines 15 and 16 of Schedule V. This is the amount taken for the renewable energy technologies investment tax credit and the renewable energy production tax credit for the taxable year. Line 14 Section 179 Expense Deduction above $25,000 Columns (a) and (b). Enter all amounts in excess of $25,000 claimed as a deduction for federal income tax purposes under IRC s. 179. Line 15 Special 50% Depreciation Allowance Columns (a) and (b). Enter all amounts claimed as a special 50% depreciation allowance for federal income tax purposes [property placed in service after December 31, 2007, and before January 1, 2009, under IRC s. 168(k)]. Line 16 Other Additions (attach statement) Attach explanatory schedules. Examples: (1) Partnership adjustment. Columns (a) and (b). Florida adjusted federal ordinary partnership income or loss is based on the federal ordinary partnership income or loss with certain modifications (Florida additions and subtractions). To the extent that such modifications increase the taxpayer's distributive share of partnership income or loss included in its federal income tax return, you must enter an appropriate addition as determined on Florida Form F-1065 on Line 16 of this schedule. Consolidated income adjustment. Columns (a) and (b). No consolidated income adjustment is necessary unless the corporation made an election under s. 220.131(1), F.S., within 90 days of December 20, 1984, or upon filing the taxpayer's first return after December 20, 1984, to file a consolidated return on the same basis as its consolidated returns filed prior to July 19, 1983. Attach a schedule showing the computation of federal taxable income for the Florida affiliated group and the amounts included in the net positive or negative (in parentheses) adjustment. Depreciation adjustment. Column (a). The required depreciation adjustment is for Election A and Election B taxpayers (see Depreciation Elections section on page 7). The depreciation adjustment will include the positive or negative difference, if any, between the depreciation deducted as shown on federal Form 4562 for these assets and the depreciation allowable for these assets under the Internal Revenue Code of 1954, as amended and in effect on January 1, 1980. Attach a copy of federal Form 4562 and a statement setting forth the details of the adjustment.
Column (b). Taxpayers who were required to include an amount as a tax preference item on federal Form 4626 for assets for which a depreciation adjustment was made in Column (a) pursuant to s. 220.03(5)(b) or (c), F.S., should adjust the amount included in Column (a) by the amount of the tax preference addition. Taxpayers required to include amounts in the adjusted current earnings (ACE) adjustment should adjust the amount included in Column (a) by the amount of the depreciation ultimately included in the ACE adjustment. If a taxpayer is governed by Election A or Election B and directly or indirectly owns an interest in a partnership, trust, or other entity not taxable as a corporation, it must include in its adjustment its distributive share of any depreciation difference. The difference in the depreciation for the partnership, trust, or other entity should be computed in the same manner explained above for Election A or Election B. The taxpayer's distributive share of the depreciation difference computed should be added to the difference computed under Election A or Election B on the taxpayer's assets. You must attach a copy of the underlying entity's federal Form 4562 and a statement setting forth the details of the adjustment.
Schedule II Subtractions from Federal Taxable Income
Taxpayers may not subtract from federal taxable income for Social Security and Medicare taxes paid on certain employee tip income when such taxes are taken as a credit on their federal corporate income tax return as part of the federal General Business Credit. Florida Statutes do not provide a similar credit for Florida income tax purposes, nor is there a provision for a subtraction from federal income for the taxes taken as a federal tax credit. Note: Taxpayers required to complete Schedule VI (Computation of Florida Alternative Minimum Tax) must complete Column (b). Line 1 - Gross Foreign Source Income Less Attributable Expenses Columns (a) and (b). Enter all amounts included in federal taxable income under s. 78, IRC, on Line 1(a). Enter dividends treated as received from sources outside the United States, as determined under s. 862, IRC, on Line 1(b). Enter the total of expenses directly and indirectly attributable to ss. 78 and 862, IRC, on Line 1(c). Add s. 78 income and s. 862 dividends and subtract expenses [1(a) + 1(b) - 1(c)]. Enter result on Line 1. Line 2 - Gross Subpart F Income Less Attributable Expenses Columns (a) and (b). Enter the subpart F income included in federal taxable income under s. 951, IRC, on Line 2(a). Enter the total of expenses directly and indirectly attributable to s. 951, IRC, on Line 2(b). Subtract the attributable expenses from the subpart F income [2(a) - 2(b)]. Include copies of all IRS forms, schedules, and worksheets associated with IRS Form 5471. Note: Taxpayers doing business outside Florida enter zero (0) on Lines 3, 4, 5, and 6 and complete Lines 4, 5, 6, 7, and 8 of Schedule IV. Line 3 - Florida Net Operating Loss Carryover Deduction Columns (a) and (b). See Florida Net Operating Loss Carryover Deduction instructions (page 4). Line 4 - Florida Net Capital Loss Carryover Deduction Columns (a) and (b). See Florida Net Capital Loss Carryover Deduction instructions (page 4). Line 5 - Florida Excess Charitable Contribution Carryover Columns (a) and (b). See Florida Excess Contribution Carryover Deductions instructions (page 5).
(2)
(3)
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Line 6 - Florida Employee Benefit Plan Contribution Carryover Columns (a) and (b). See Florida Excess Contribution Carryover Deductions instructions (page 5). Line 7 - Nonbusiness Income Columns (a) and (b). If the taxpayer's business is entirely within Florida, enter zero (0). If the business is outside Florida, enter the amount of nonbusiness income included in federal taxable income from Schedule R, Line 3. See Instructions for Schedule R (page 15). Line 8 - Eligible Net Income of an International Banking Facility Columns (a) and (b). The eligible net income of an international banking facility is allowed as a deduction from adjusted federal income, to the extent not deductible in determining federal taxable income or subtracted pursuant to s. 220.13(1)(b)2., F.S. See ss. 220.63(5) and 220.62(3), F.S., for a detailed explanation of the computation of eligible net income and a definition of international banking facility. Line 9 - Other Subtractions Columns (a) and (b). Enter any other item required to be subtracted as an adjustment to compute adjusted federal income. Attach explanatory schedules. Examples: (1) Partnership adjustment. Florida adjusted federal ordinary partnership income or loss is based on the federal ordinary partnership income or loss with certain modifications (Florida additions and subtractions). To the extent that such modifications decrease the taxpayer's distributive share of partnership income or loss included in its federal income tax return, an appropriate subtraction as determined on Florida Form F-1065 must be entered on Line 9 of this schedule. Certain foreign taxes. Enter the amount of taxes of foreign countries allowable as credits under s. 901, IRC, to any corporation that derived less than 20 percent of its gross income or loss for its taxable year ending in 1984 from sources within the United States, as described in s. 861(a) (2)(A), IRC, not including withholding taxes specified in s. 220.13(1)(b)5., F.S.
Note: If the amount reported in Schedule III-A, Column (b) for either the property or payroll factor is zero, the weighted percentage for the other factor will be 33 1/3 percent and the weighted percentage for the sales factor will be 66 2/3 percent. If the amount reported in Schedule III-A, Column (b) for the sales factor is zero, the weighted percentage for the property and payroll factors will change from 25 percent to 50 percent each. If the amounts reported in Schedule III-A, Column (b) for any two factors are zero, the weighted percentage for the remaining factor will be 100 percent. All amounts related to nonbusiness income, income related to ss. 78, 862, and 951, IRC, and any other income not included in the adjusted federal income (Florida Form F-1120, Line 6) must be excluded from the apportionment factors. III-A Line 1. Average Value of Property The property factor is a fraction. The numerator, in this fraction, is the average value of real and tangible personal property owned or rented and used during the taxable year in Florida. The denominator is the average value of such property owned or rented and used everywhere during the taxable year. Property owned is valued at original cost, without regard to accumulated depreciation. Property rented is valued at eight times the net annual rental rate. You must reduce the net annual rental rate by the annual rental rate received from sub-rentals. Compute the average value of property using Schedule III-B. On Lines 1 through 4 of this schedule, enter the beginning-ofyear and end-of-year balances for property owned and used within Florida, as well as property owned and used everywhere. Compute the average value using the formula provided on Line 6. Enter the value of rented property on Line 7. Add Lines 6 a) and 7 a) and enter the Florida average on Line 8 a) of Schedule III-B and on Schedule III-A, Line 1, Column (a). Likewise, add Lines 6 b) and 7 b) and enter the everywhere average on Line 8 b) of Schedule III-B and on Schedule III-A, Line 1, Column (b). If substantial fluctuations in the values of the property exist during the tax period or where you acquired property after the beginning of the tax period or disposed of property before the end of the tax period, the Department may require or allow monthly averaging of property values. If monthly averages are used, you must attach appropriate schedules. For corporations not included within the definition of a financial organization, intangible personal property will not be included in the property factor. The property factor used by a financial organization must include intangible personal property, except goodwill, owned and used in the business. The term "financial organization" includes any bank, trust company, savings bank, industrial bank, land bank, safe deposit company, private banker, savings and loan association, credit union, cooperative bank, small loan company, sales finance company, or investment company. The intangible personal property will be valued at its tax basis for federal income tax purposes. Florida considers intangible personal property to be in this state if it consists of any of the following: (a) (b) (c) (d) (e) Coin or currency located in this state. Assets in the nature of loans located in this state, including balances due from depository institutions, repurchase agreements, federal funds sold, and bankers' acceptances. Installment obligations on loans for which the customer initially applied at an office located in this state. Loans secured by mortgages, deeds of trust, or other liens upon real or tangible personal property located in this state. A portion of a participation loan where the office that enters into the participation is located in this state.
(2)
Schedule III Apportionment of Adjusted Federal Income
Florida taxpayers doing business outside Florida are required to apportion their business income to Florida based upon a three-factor formula (average value of property, payroll, and sales factors), except for insurance companies, transportation companies, and taxpayers who have been given prior permission by the Department to apportion income using a different method. Florida does not allow a taxpayer to apportion income if it is not doing business outside the state. Making only sales in another state without property or payroll in that state does not automatically indicate a taxpayer is "doing business" in a state other than Florida. See Rule 12C-1.015, F.A.C., for further information about when a Florida corporation may apportion income. The three-factor formula measures Florida's share of adjusted federal income by ratios of the taxpayer's property, payroll, and sales in Florida to total property, payroll, and sales located or occurring everywhere. We weight the apportionment factors as follows: 25 percent to property, 25 percent to payroll, and 50 percent to sales.
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(f) (g)
(h)
(i)
(j) (k)
Credit card receivables from customers who reside or who are commercially domiciled in this state. Investments in securities that generate business income where the taxpayer's commercial domicile is in the state, unless such securities have acquired a discrete business situs elsewhere. Securities held by a state treasurer or other public official or pledged to secure public funds or trust funds deposited with the taxpayer, if the office where the secured deposits are maintained is in this state. Leases of tangible personal property where the taxpayer's commercial domicile is in Florida, unless the taxpayer establishes that the location of the leased tangible property is in another state or states for the entire taxable year and the taxpayer is taxable in such other state or states. Installment sale agreements originally executed by a taxpayer or its agent to sell real or tangible personal property located in this state. Any other intangible personal property located in this state used to generate business income.
Florida defines the term "total sales" as gross receipts without regard to returns or allowances. The term "sales" is not limited to tangible personal property, and may include: (a) (b) (c) (d) (e) Rental or royalty income if such income is significant in the taxpayer's business. Interest received on deferred payments of sales of real or tangible personal property. Income from the sale, licensing, or other use of intangible personal property. Sales of services. For financial organizations, income from intangible personal property.
Making only sales in another state without property or payroll in that state does not automatically indicate a taxpayer is "doing business" in a state other than Florida. See Rule 12C-1.015, F.A.C., for further information about when a Florida corporation may apportion income. Sales will be attributable to Florida using the following criteria: (a) (b) (c) (d) Sales of tangible personal property will be "Florida sales" if the property is delivered or shipped to a purchaser within this state. Rentals will be "Florida sales" if the real or tangible personal property is in this state. Interest received on deferred payments of sales of real or tangible personal property will be included in "Florida sales" if the sale of the property is in Florida. Sales of service organizations are within Florida if the services are performed in Florida. Fees, commissions, or other compensation for financial services rendered within this state. Gross profits from trading in stocks, bonds, or other securities managed within this state. Interest, other than interest from loans secured by mortgages, deeds of trust, or other liens upon real or tangible property located outside this state. Dividends received within this state. Interest for carrying debit balances on margin accounts, charged to customers at their business locations in this state, without deducting any costs for carrying such accounts. Interest, fees, commissions, and other charges or gains from loans secured by mortgages, deeds of trust, or other liens upon real or tangible personal property located in this state or from installment sale agreements originally executed by a taxpayer or its agent to sell real or tangible personal property located in this state. Any other gross income, including other interest, resulting from the operation as a financial organization within this state.
III-A Line 2. Payroll The payroll factor is a fraction. The numerator, in this fraction, is the total amount paid to employees in Florida during the taxable year for compensation. The denominator is the total compensation paid to employees everywhere during the taxable year. Enter the numerator in Schedule III-A, Line 2, Column (a). Enter the denominator in Schedule III-A, Line 2, Column (b). For purposes of this factor, compensation is paid within Florida if: (a) (b) (c) The employee's service is performed entirely within Florida, or The employee's service is performed both within and outside Florida, but the service performed outside Florida is incidental to the employee's service, or Some of the employee's service is performed in Florida and either the base of operations or the place from which the service is directed or controlled is in Florida, or the base of operations or place from which the service is controlled is not in any state in which some part of the service is performed and the employee's residence is in Florida.
For a financial organization, "Florida sales" will also include: (a) (b) (c) (d) (e)
The taxpayer must attach a statement listing all compensation paid or accrued for the taxable year other than that shown on Schedule A of federal Form 1120. Sponsored Research and Development Contracts through a University The payroll factor excludes compensation paid to a Florida employee and the property factor excludes any real or tangible personal property located in Florida certified as dedicated exclusively to the activities of sponsored research and development contracts through a state university or a non-public Florida chartered university conducting graduate programs at the professional or doctoral level. This exclusion applies only during the contractual period and the tax savings is limited to the amount paid for the sponsored research. Attach a copy of the certification letter, received from the Board of Governors of the State University System or the university president, to the return. Also, the taxpayer must include the schedule of items, as certified by the university, excluded from the payroll and property factors. III-A Line 3. Sales Factor The sales factor is a fraction. The numerator, in this fraction, is the total sales of the taxpayer in Florida during the taxable year. The denominator is the total sales of the taxpayer everywhere during the taxable year. Use Schedule III-C to calculate the sales factor. Enter the numerator on Schedule III-A, Line 3, Column (a) and the denominator on Schedule III-A, Line 3, Column (b).
(f)
(g)
III-A Line 4. Apportionment Fraction For Lines 1, 2, and 3 of Schedule III-A, divide the amount in Column (a) by the amount in Column (b). Round the result to six decimal places. Enter the result in Column (c) of Schedule III-A. In Column (d), use the appropriate weight for each factor. See the note on page 10 for more detailed information. Multiply the amount in Column (c) by the weighted percentage in Column (d). Round the result to six decimal places. Enter the result in Column (e). To compute the Florida apportionment fraction, add the weighted factors on Schedule III-A, Lines 1, 2, and 3 of Column (e). Enter the total on Schedule III-A, Line 4 and on Schedule IV, Line 2.
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III-D. Special Apportionment Fractions Insurance Companies Insurance companies apportion adjusted federal income to Florida by multiplying it by a fraction. The numerator is the direct premiums written for insurance upon properties and risks in Florida and the denominator is direct premiums written on properties and risks everywhere. Florida defines the term "direct premiums written" as the total amount of direct premiums written, assessments, and annuity considerations, as reported on the annual statement filed by the company with the Florida Insurance Commissioner. However, if the principal source of premiums written by an insurance company consists of premiums for reinsurance accepted by it, the numerator and denominator of the above fraction include the direct premiums written plus premiums written for reinsurance. Enter the amounts within Florida in Column (a) and amounts everywhere in Column (b) on Schedule III-D, Line 1. Divide Column (a) by Column (b) and enter the result on Schedule III-D, Line 1, Column (c) and on Schedule IV, Line 2. Note: Insurance companies using this apportionment fraction should attach a copy of Schedule T from their annual report. Transportation service companies Taxpayers furnishing transportation services will use a single factor apportionment fraction to apportion their income to Florida. The term "taxpayers furnishing transportation services" includes taxpayers engaged exclusively in interstate commerce. Florida apportions the income of transportation companies by multiplying their adjusted federal income by a fraction; the numerator is the revenue miles within Florida and the denominator is the revenue miles everywhere. For transportation other than by pipeline, a revenue mile is the transportation of one passenger or one net ton of freight the distance of one mile for consideration. Enter the amount within Florida in Column (a) and the amount everywhere in Column (b) on Schedule III-D, Line 2. Divide Column (a) by (b) and enter the result on Schedule III-D, Line 2, Column (c) and on Schedule IV, Line 2.
Line 4, Column (a) - Net Operating Loss Carryover Apportioned to Florida Enter any available Florida net operating loss carryover deduction. To support a deduction, you must attach a schedule showing how you computed the deduction. See the Florida Net Operating Loss Carryover Deduction (NOLD) instructions on page 4, including the example of a Florida Net Operating Loss Carry Forward schedule on page 5. Line 5, Column (a) - Net Capital Loss Carryover Apportioned to Florida Enter any available Florida net capital loss carryover deduction. See the Florida Net Capital Loss Carryover Deduction instructions on page 5. To support a deduction, you must attach a schedule showing how you computed the deduction. You must include the year(s) of loss, apportionment fraction for the taxable year in which the loss occurred, and amounts of the carryover(s) previously deducted. Line 6, Column (a) - Excess Charitable Contribution Carryover Apportioned to Florida Enter any available Florida excess charitable contribution carryover. See the Florida Excess Contribution Carryover Deductions instructions on page 5. To support a deduction, you must attach a schedule showing how you computed the deduction. You must include the year(s) of excess contributions, apportionment fraction for the year(s) in which the excess contribution occurred, and the amount of the excess contribution carryover previously deducted. Line 7, Column (a) - Employee Benefit Plan Contribution Carryover Apportioned to Florida Enter any available Florida employee benefit plan excess contribution carryover. See the Florida Excess Contribution Carryover Deductions instructions on page 5. To support a deduction, you must attach a schedule showing how you computed the deduction. You must include the year(s) of excess contributions, apportionment fraction for the year(s) in which the excess contribution occurred, and the amount of the excess contribution carryover previously deducted. Line 8, Column (a) - Total Carryovers Apportioned to Florida Add Column (a), Lines 4 through 7 and enter the total. Line 9, Column (a) - Adjusted Federal Income Apportioned to Florida Subtract Line 8, Column (a) from Line 3, Column (a) and enter the difference on this line and, on the front page of Florida Form F-1120 (Line 7). Column (b) - Apportionment of Adjusted Alternative Minimum Taxable Income Line 1, Column (b) - Apportionable Adjusted Federal Income Enter the adjusted federal alternative minimum taxable income from Schedule VI, Line 6. Line 2, Column (b) - Florida Apportionment Fraction Enter the Florida apportionment fraction from either Schedule III-A, Line 4 or Schedule III-D, Column (c). Lines 4 through 7, Column (b) - Net Operating Loss and Other Carryovers Follow instructions for Schedule IV, Lines 4 through 7, Column (a), instructions for Schedule VI, and see the various carryover deduction instructions on pages 4 and 5. Line 8, Column (b) - Total Carryovers Apportioned to Florida Add Column (b), Lines 4 through 7 and enter the total. Line 9, Column (b) - Adjusted Federal Income Apportioned to Florida Subtract Line 8, Column (b) from Line 3, Column (b) and enter the difference on this line and on Schedule VI, Line 7.
Schedule IV Computation of Florida Portion of Adjusted Federal Income
A taxpayer doing business outside Florida should use Schedule IV to compute the Florida portion of adjusted federal income. Florida does not allow a taxpayer to apportion income using Schedule IV if it is not considered to be doing business outside Florida. Taxpayers required to compute Florida alternative minimum tax (see instructions for Schedule VI, page 14) must compute the Florida portion of adjusted federal income in Column (a) and the Florida portion of adjusted federal alternative minimum taxable income in Column (b). Taxpayers not required to compute Florida alternative minimum tax should only compute the Florida portion of adjusted federal income in Column (a). Column (a) - Apportionment of Adjusted Federal Income Line 1, Column (a) - Apportionable Adjusted Federal Income Enter the adjusted federal income from Line 6 on the front page of Florida Form F-1120. Line 2, Column (a) - Florida Apportionment Fraction Enter the Florida apportionment fraction from either Schedule III-A, Line 4 or Schedule III-D, Column (c).
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Schedule V Credits Against the Corporate Income/Franchise Tax
Note: Credits against the tax may not exceed the corporate income/franchise tax liability. Section 220.02(8), F.S., provides for an order of application for the credits against corporate income tax. The credits are listed in Schedule V in the order they must be applied. The Florida Life and Health Insurance Guaranty Association (FLAHIGA) Assessment Credit, available to certain insurers, is not listed in s. 220.02(8), F.S. Therefore, the FLAHIGA credit is to be included in the "other credits" on Line 17. You may find the instructions for the credit with the instructions for Line 17. Line 1 - Florida Health Maintenance Organization Consumer Assistance Assessment Credit A corporate income tax credit is available to a member of the Health Maintenance Organization Consumer Assistance Plan for assessments paid under s. 631.828, F.S. This credit is limited to 20 percent of the amount of such assessments for each of the five calendar years following the year in which such assessment was paid. Attach a copy of the assessment notice to Florida Form F-1120. Line 2 - Capital Investment Tax Credit An annual capital investment tax credit is available to a qualifying business that establishes a qualifying project. Attach a copy of the certification received from the Office of Tourism, Trade and Economic Development. For qualifying projects defined in s. 220.191(1)(h)1. and 2., F.S., this credit is granted against only the portion of Florida corporate income tax generated by, or arising out of, the qualifying project. You must attach a pro forma tax return indicating the qualifying project's Florida taxable income for the year to claim this credit. Businesses may apply for this credit with Enterprise Florida, Inc. at 850-488-6300. A taxpayer that takes this credit against Florida insurance premium tax is not eligible to take it against Florida corporate income tax. For qualifying projects defined in s. 220.191(1)(h)3., F.S., when the capital investment tax credit is used in whole or in part by a member of the qualifying business' affiliated group or a related entity that is taxable as a cooperative under subchapter T of the Internal Revenue Code, the qualifying business and the entities claiming the qualifying business' tax credit must attach a schedule reconciling how the capital investment tax credit is used. The name, federal employer identification number and amount of capital investment tax credit claimed by each entity must be included in the schedule. If you are claiming a transferred capital investment tax credit per s. 220.191(2)(c) F. S., you must attach to your return a copy of the letter received from the Department of Revenue certifying the amount of the credit transferred (only credits relating to solar energy projects may be transferred). Line 3 - Enterprise Zone Jobs Credit Any business claiming the credit must complete and attach a Florida Enterprise Zone Jobs Credit Certificate of Eligibility for Corporate Income Tax (Florida Form F-1156Z). Enter the amount from Florida Form F-1156Z. Taxpayers claiming the credit must include the amount claimed for the current taxable year on Schedule I, Line 7. Line 4 - Community Contribution Tax Credit Florida allows a credit equal to 50 percent of a qualified community contribution against corporate income tax for the taxable year of the contribution. The amount of the community contribution credit allowed is limited to $200,000 per taxpayer. You may carry forward any unused credits for a period not to exceed five (5) years.
Community contribution credits require the approval of the Office of Tourism, Trade and Economic Development. Attach a copy of the decision approving the credit to the Florida Form F-1120 on which you are claiming the credit. Note: Insurance companies may not claim the community contribution credit against their corporate income tax liability. Line 5 - Enterprise Zone Property Tax Credit Any business claiming the credit must complete and attach an Enterprise Zone Property Tax Credit form (Florida Form F-1158Z). Enter the amount of enterprise zone property tax credit, including any applicable carryover credit, from Florida Form F-1158Z. Note: Taxpayers claiming the credit must include the amount claimed for the current year on Schedule I, Line 8. Line 6 - Rural Job Tax Credit, and Line 7 - Urban High Crime Area Job Tax Credit You must submit an application for eligibility to the Office of Tourism, Trade and Economic Development (OTTED) annually. Attach a copy of the approval from OTTED to the return. A corporation that uses one of these credits against sales and use tax is not eligible to take the same credit against Florida corporate income tax. You may carry forward any unused credit for a period not to exceed five (5) years. Note: Taxpayers claiming these credits must include the amounts claimed for the current year on Schedule I, Line 10. Line 8 - Emergency Excise Tax (EET) Credit A credit for EET is available in the fifth taxable year following the taxable year for which the tax was paid. If the amount available as a credit exceeds the amount of the total EET due on Schedule A, Line 18, the excess credit may be used on Schedule V, Line 8. Any unused credit may be carried forward for a period not to exceed five (5) years. Taxpayers filing a final year return should enter the amount of any Florida EET paid and not previously claimed as a credit. Attach a schedule showing computations to support the credit claimed. Line 9 - Hazardous Waste Facility Tax Credit A credit is allowed to the owner of any commercial hazardous waste facility for the sum of: (a) expenses for required hydrologic, geologic, or soil site evaluations and permit fees, and (b) five percent of the cost of stationary facility equipment used for recycling hazardous wastes pursuant to s. 220.184, F.S. Any unused credit may be carried forward for a period not to exceed five (5) years. Line 10 - Florida Alternative Minimum Tax (AMT) Credit A credit for Florida AMT paid is allowable in any tax year in which "regular" Florida tax is due subsequent to the tax year for which Florida AMT was paid. The amount of the credit is equal to the amount of the AMT paid over the amount of "regular" tax that would have otherwise been due. The amount of AMT credit that may be taken in a subsequent tax year is limited to the amount of "regular" tax that is due over the amount of AMT that would be due if the AMT statutes were applicable. Line 11 - Contaminated Site Rehabilitation Tax Credit A credit is available to eligible entities for a percentage of the costs of a voluntary cleanup of a contaminated site. Any corporation that wishes to obtain this credit must submit with its return a tax credit certificate issued by the Florida Department of Environmental Protection. Additional information can be obtained by contacting the Department of Environmental Protection, Bureau of Waste Cleanup, at 850-245-8927. Any unused credit may be carried forward for a period not to exceed five (5) years.
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Line 12 - Child Care Tax Credits The Child Care Tax Credit Program expired on June 30, 2008. You are allowed to carry forward unused child care tax credits for a period not to exceed five years from the date the credits were granted. You must attach a copy of the approval letter from the Department of Revenue to your return. If you take this credit against your insurance premium tax, you are not eligible to take it against your Florida corporate income tax. See s. 220.19(5) and s. 624.5107(6), F.S. Line 13 - State Housing Tax Credit A credit is available against Florida corporate income tax based upon approved low income housing projects for a five (5) year credit period beginning with the year the project is completed. A taxpayer that wishes to participate in the State Housing Tax Credit Program must submit an application to the Florida Housing Finance Corporation. Attach a copy of the approval letter from the Florida Housing Finance Corporation to the return. Additional information can be obtained from the Low Income Housing Administrator at 850-488-4197. Note: Taxpayers must include the amount claimed for the current year on Schedule I, Line 11. Line 14 Credit for Contributions to Nonprofit Scholarship Funding Organizations A credit is available against Florida corporate income tax for contributions to nonprofit scholarship funding organizations (SFOs). To learn more about this credit or to submit your application, go to the Department's Internet site and follow the links. The Department of Revenue must approve this credit before it can be taken. One hundred percent of an eligible contribution is allowed as a credit, but the amount of the credit taken may not exceed 75 percent of the tax due after applying any other allowable credits against the tax due. If the credit granted is not fully used in any one year, the taxpayer may apply for approval to carry forward the credit in a subsequent year. An unused credit cannot be carried forward more than three (3) years. Attach a copy of the certificate of contribution from each nonprofit scholarship funding organization to your Florida Form F-1120. Note: Taxpayers must include the amount of any credit claimed for the current year on Schedule I, Line 12. Line 15 - Renewable Energy Technologies Investment Tax Credit A credit is available against Florida corporate income tax for certain eligible costs in connection with an investment in renewable energy technologies for tax years beginning on or after January 1, 2007. An application must be made to the Florida Energy and Climate Commission for this tax credit. Call the Florida Energy and Climate Commission at (850) 487-3800 for additional information. Any unused credit may be carried forward to tax years ending on or before December 31, 2010. The certification from the Florida Energy and Climate Commission must be attached to the return on which the credit is claimed. Line 16 - Florida Renewable Energy Production Tax Credit A credit is available against Florida corporate income tax for electricity produced at a Florida facility from renewable energy. The credit is based upon additional electricity produced and sold between January 1, 2007, and June 30, 2010. Application must be made to the Department of Revenue for an allocation of each year's available credit. To learn more about this credit or to submit your application, go to our Internet site and follow the links. An application must be submitted before February 1st of
each year beginning with February 1, 2008, to obtain an allocation of the credit based upon the previous calendar year's production and sale of electricity. Any unused amount of an allocated credit may be carried forward for up to five years. You may transfer this tax credit one time, in increments of 25% or more. To learn more about transfers of the credit or to submit a notice of intent to transfer go to the Department of Revenue's Internet site. You can also refer to Florida Form F-1193, Application for Florida Renewable Energy Production Tax Credit and Florida Form F-1193T, Notice of Intent to Transfer Florida Energy Tax Credit. To order forms, see, "For Information and Forms" on page 16. Attach a copy of the letter received from the Department of Revenue to your tax return showing the allocation of the credit. For transferred credits, a copy of the letter received from the Department of Revenue certifying the amount of credit transferred must be attached to your return. Line 17 - Other Credits Enter the amount of any other credits allowable against the corporate income/franchise tax. Attach a supporting schedule indicating the type and amount of any allowable credit. Florida Life and Health Insurance Guaranty Association (FLAHIGA) Assessment Credit A credit against insurance premium tax or corporate income tax is available to member insurers of FLAHIGA as follows: · For each assessment levied before January 1, 1997, 0.1 percent of the amount of the assessment for each year following the year in which the assessment was paid. · For each assessment levied and paid after December 31, 1996, five percent of the amount of the assessment for each of the 20 years following the year in which the assessment was paid. The total amount of assessment that can be claimed as a credit is net of any refunds received. However, if a member insurer ceases doing business, all uncredited assessments may be credited against its insurance premium or corporate income tax liability for the year it ceases doing business. The same assessment amount may not be offset by an insurer against both its insurance premium and corporate income tax liabilities. Attach a statement showing the computations to support the credit claimed, a copy of the Assessment Levy, and a copy of the Certificate of Contribution for each assessment claimed as a credit. Line 18 - Total Credits Against the Tax Enter the sum of Lines 1 through 17 on this line and on the front page of Florida Form F-1120 (Line 12).
Schedule VI Computation of Florida Alternative Minimum Tax (AMT)
If you did not pay federal AMT for the related federal taxable year, you will not have to pay AMT to Florida, and should not complete Schedule VI. Corporations required to pay federal AMT must compute the amount of "regular" Florida corporate income/franchise tax and the amount of Florida AMT that may be due. The corporation is liable for whichever amount is greater. Florida AMT is 3.3 percent of the Florida alternative minimum taxable income (AMTI). The computation of the Florida AMTI is similar to the computation of the regular Florida taxable income. The primary difference is the starting point for the computation. The federal AMTI, after exemption, is the base used for computing the Florida AMTI.
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A corporation that is part of an affiliated group, which filed a consolidated return for federal income tax purposes and paid the federal AMT, must compute Florida AMT even if it files a separate return for Florida. This is true even if the individual corporation would not have been subject to federal AMT if a separate federal return had been filed. The separate corporation must compute its federal AMTI using a pro forma federal Form 4626. The amounts reflected on the pro forma 4626 should be the actual amounts computed as the federal AMTI after the exemption. The federal form instructions indicate that zero should be entered if the actual amount is less than zero. The actual amount should be reflected for purposes of computing the Florida AMT. The Florida Income Tax Code does not create a separate net operating loss deduction (NOLD) for AMT purposes or limit the amount of the NOLD to 90 percent of AMTI before the NOLD. See the Florida Net Operating Loss Carryover Deduction (NOLD) instructions on page 4. Any available tax credits itemized in Schedule V should be used against the amount of AMT due. Line 1 - Federal Alternative Minimum Taxable Income (AMTI) after Exemption Enter the amount of federal AMTI, after the allowed $40,000 exemption or reduced exemption stated on the federal Form 4626. Line 2 - State Income Taxes Deducted in Computing Federal Taxable Income Enter the total amount of state income taxes deducted on the federal return in the computation of federal taxable income. Include the amount deducted for income taxes paid to the District of Columbia and all states, including Florida. Also include any Florida emergency excise tax deducted on the federal return. Do not include taxes based on gross receipts or income taxes paid to cities or counties. Prepare a list identifying the amount of tax and the state to which it was paid and attach it to Florida Form F-1120. Line 3 - Additions to Federal Taxable Income Enter the amount from Schedule I, Line 17, Column (b). Line 5 - Subtractions from Federal Taxable Income Enter the amount from Schedule II, Line 10, Column (b). Line 7 - Florida Portion of Adjusted Federal Income If the taxpayer's business is conducted entirely within Florida, enter the amount reported on Schedule VI, Line 6 on this line, also. If the taxpayer's business is also conducted outside Florida, complete Column (b) titled "Adjusted AMT Income" in Schedule IV. On Schedule VI, Line 7, enter the amount from Schedule IV, Line 9, Column (b). Line 8 - Nonbusiness Income Allocated to Florida If the taxpayer's business is conducted entirely within Florida, enter zero. If the business is also conducted outside Florida, enter the amount from Schedule R, Line 1. Line 9 - Florida Exemption Use the instructions on page 6 for completing Florida Form F-1120, Line 9. Note: The amounts entered in Schedule VI are not reduced by any amount entered on the front page of Florida Form F-1120.
Schedule R Nonbusiness Income
Note: Taxpayers that conduct business entirely within Florida need not complete Schedule R. Nonbusiness income is not subject to apportionment, but is allocated as provided in s. 220.16, F.S. The term nonbusiness does not include income from tangible and intangible property if the acquisition, management, and disposition of the property constitute integral parts of the taxpayer's regular trade or business operations, or any amounts that could be included in apportionable income without violating the due process clause of the U.S. Constitution. In general, all transactions and activities of a taxpayer that are dependent upon, or contribute to the operations of the taxpayer's economic enterprise as a whole, constitute the taxpayer's trade or business. Functionally related dividends are presumed to be business income. Nonbusiness income means rents and royalties from real or tangible personal property, capital gains, interest, dividends, and patent and copyright royalties, to the extent they do not arise from transactions and activities in the regular course of a taxpayer's trade or business. Line 1 - Nonbusiness Income (Loss) Allocated to Florida Enter each type (for example: dividends, interest, and royalties) and the amount of nonbusiness income allocated to Florida on this line and on the front page of Florida Form F-1120 (Line 8). AMT filers should enter the amount of nonbusiness income allocated to Florida on Schedule VI, Line 8. Line 2 - Nonbusiness Income (Loss) Allocated Elsewhere Enter each type (for example: dividends, interest, and royalties), the state or country to which the nonbusiness income is allocated, and the amount of nonbusiness income. Line 3 - Total Nonbusiness Income Enter the sum of Lines 1 and 2 on Line 3 and on Schedule II, Line 7.
Estimated Tax Worksheet
You must make estimated payments if your combined corporate income and emergency excise tax liability exceeds $2,500. Complete the worksheet to determine if estimated tax is due. Line 2 - Florida Exemption $5,000 Members of a Controlled Group - Only one $5,000 exemption is allowed to a controlled group of corporations. For any Florida taxpayer who is a member of a controlled group, the manner in which the members allocate the $5,000 exemption for purposes of filing the annual Florida return will be binding upon all members with respect to estimated tax. This includes the determination of whether a declaration was required and the computation of penalties and interest on underpayments.
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For Information and Forms
Information and forms are available on our Internet site at
www.myflorida.com/dor
To speak with a Department of Revenue representative, call Taxpayer Services, Monday through Friday, 8 a.m. to 7 p.m., ET, at 800-352-3671. Persons with hearing or speech impairments may call our TDD at 800-367-8331 or 850-922-1115. For a written reply to tax questions, write: Taxpayer Services Florida Department of Revenue 5050 W Tennessee St Bldg L Tallahassee FL 32399-0112
To receive forms by mail: · Order multiple copies of forms from our Internet site at www.myflorida.com/dor/forms or · Mail form requests to: Distribution Center Florida Department of Revenue 168A Blountstown Hwy Tallahassee FL 32304-3761 Department of Revenue service centers host educational seminars about Florida's taxes. To get a schedule of upcoming seminars or to register for one, · Visit us online at www.myflorida.com/dor or · Call the service center nearest you.
Due Dates for Declaration of Estimated Tax
Taxable Year End
Due Dates for: 1st installment 2nd installment 3rd installment 4th installment Dec 31 4/30 6/30 9/30 12/31 Jan 31 5/31 7/31 10/31 1/31 Feb 28 6/30 8/31 11/30 2/28 Mar 31 7/31 9/30 12/31 3/31 Apr 30 8/31 10/31 1/31 4/30 May 31 9/30 11/30 2/28 5/31 Jun 30 10/31 12/31 3/31 6/30 Jul 31 11/30 1/31 4/30 7/31 Aug 31 12/31 2/28 5/31 8/31 Sep 30 1/31 3/31 6/30 9/30 Oct 31 2/28 4/30 7/31 10/31 Nov 30 3/31 5/31 8/31 11/30
Forms
Additional forms which may be needed. F-851 F-1065 F-1120A F-1120ES F-1120X F-1122 Affiliations Schedule Florida Partnership Information Return Florida Corporate Short Form Declaration/Installment of Florida Estimated Income/Franchise and Emergency Excise Tax Amended Florida Corporate Income Tax Return Authorization and Consent of Subsidiary Corporation to be included in a Consolidated Income and Emergency Excise Tax Return Florida Enterprise Zone Jobs Credit Certificate of Eligibility for Corporate Income Tax Enterprise Zone Property Tax Credit Effective July 1, 1995 Underpayment of Estimated Tax on Florida Corporate Income/Franchise and Emergency Excise Tax Tentative Income/Franchise and Emergency Excise Tax Return and Application for Extension of Time to File Return
Filing Tips
Be sure to make personal file copies of your return and schedules before mailing originals to the Department of Revenue. Use the Change of Address Form to notify the Department of changes. For ease of processing and to ensure the Department properly records your return and payment, use an original form whenever possible.
F-1156Z F-1158Z F-2220
F-7004
F-1120N R. 01/09
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