Florida Administrative Code
12 - DEPARTMENT OF REVENUE
12C - Corporate, Estate and Intangible Tax
Chapter 12C-1 - CORPORATE INCOME TAX
Section 12C-1.0198 - Experiential Learning Tax Credit Program
Universal Citation: FL Admin Code R 12C-1.0198
Current through Reg. 50, No. 187; September 24, 2024
(1) Definitions. For purpose of this rule, the following terms mean:
(a) "Apprentice"
means a person at least 16 years of age who is engaged in learning a recognized
skilled trade through actual work experience under the supervision of
journeyworker craftspersons, which training should be combined with properly
coordinated studies of related technical and supplementary subjects, and who
has entered into a written agreement, which may be cited as an apprentice
agreement, with an apprenticeship sponsor registered by the Florida Department
of Education who may be either an employer, an association of employers, or a
local joint apprenticeship committee.
(b) "Full time" means at least 30 hours per
week.
(c) "Preapprentice means any
person 16 years of age or over engaged in any course of instruction in the
public school system or elsewhere, which course is registered as a
preapprenticeship program with the Florida Department of Education.
(d) "Qualified business" means a business
that is in existence and has been continuously operating for at least 3
years.
(e) "Student intern" means a
person who has completed at least 60 credit hours at a state university or 15
credit hours at a Florida College System institution, regardless of whether the
student intern receives course credit for the internship; a person who is
enrolled in a career center operated by a school district under Section
1001.44, F.S., or a charter
technical career center; or any graduate student enrolled at a state
university.
(2) Available Tax Credits for Qualified Businesses. For taxable years beginning during calendar years, 2022-2025, an experiential learning tax credit is available against the tax imposed by Chapter 220, F.S., and equal to $2, 000 per apprentice, preapprentice, or student intern, but no more than $10, 000 per taxable year.
(a) These tax credits are
available on a first-come, first-served basis.
(b) The Department must approve the tax
credit before the taxpayer can take the credit on a return.
(c) Qualified businesses may carry forward
any unused portion of the tax credit for up to two taxable
years.
(3) Eligibility.
(a) To be eligible to request a tax credit, a
qualified business must employ at least one apprentice, preapprentice, or
student intern during any of the taxable years 2022-2025 in an apprenticeship,
preapprenticeship, or internship in which the student intern worked full time
in Florida for at least 9 consecutive weeks, or the apprentice or preapprentice
worked in Florida for at least 500 hours, in addition to one of the following
criteria:
1. Twenty percent or more of the
business' current full-time employees were previously employed as apprentices,
preapprentices, or student interns by the qualified business.
2. Employed, on average for the 3 immediately
preceding taxable years, 10 or fewer full-time employees and previously hired
at least one apprentices, preapprentices, or student intern during that
time.
(b) Qualified
businesses must provide documentation demonstrating that each apprentices,
preapprentices, or student intern employed during any of the taxable years
2022-2025 is enrolled in an educational institution as stated in paragraph
(1)(e) or with a provider of related technical instruction and maintains a
minimum grade point average of 2.0 on a 4.0 scale, if
applicable.
(4) Application process.
(a) To apply for
available program credits, a taxpayer must submit a Florida Experiential
Learning Tax Credit Program - Application for Tax Credit (Form F-1198,
incorporated by reference in Rule
12C-1.051, F.A.C.), along with
documentation demonstrating that the business and apprentice, preapprentice, or
student intern meet the criteria to receive tax credits, including a taxpayer's
Registered Apprenticeship Partners Information Data System program
identification number, if applicable.
(b) Following receipt of an application, the
Department will send written correspondence regarding the amount of tax credit
approved or providing the reason the tax credit application could not be
approved, whether in whole or in part. The taxpayer may protest a denial
pursuant to Sections 120.569 and
120.57, F.S. The Department will
reserve the denied amount of the allocation for the taxpayer during the protest
period.
Rulemaking Authority 213.06(1), 220.198(6) FS. Law Implemented 220.198 FS.
New 1-1-23, Amended 1-1-24.
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