(1) For purposes of this section: (a) “Qualified expenditures” means gross expenditures made in this state by a qualifying railroad during the taxable year in which the credit is claimed, provided such expenditures were made on track that was owned or leased by a qualifying railroad, and were:
1. For the maintenance, reconstruction, or replacement of railroad infrastructure, including track, roadbed, bridges, industrial leads and sidings, or track-related structures which were owned or leased by the qualifying railroad; or
2. For new construction by the qualifying railroad of industrial leads, switches, spurs and sidings, and extensions of existing sidings located in this state.
(b) “Qualifying railroad” means any taxpayer that was a Class II or Class III railroad operating in this state on the last day of the taxable year for which the credit is claimed, pursuant to the classifications in effect for that year as set by the United States Surface Transportation Board or its successor.
(2)(a) For taxable years beginning on or after January 1, 2023, a qualifying railroad is eligible for a credit against the tax imposed by this chapter if it has qualified expenditures in this state in the taxable year.
(b) The credit allowed under this section is equal to 50 percent of a qualifying railroad’s qualified expenditures incurred in this state in the taxable year, as limited by paragraph (c).
(c) The amount of the credit may not exceed the product of $3,500 and the number of miles of railroad track owned or leased within this state by the qualifying railroad as of the end of the taxable year in which the qualified expenditures were incurred.
(3)(a) A qualifying railroad must submit to the department with its return an application including any documentation or information required by the department to demonstrate eligibility for the credit allowed under this section.
(b) If the qualifying railroad is not a taxpayer under this chapter, the qualifying railroad must submit the required application including any documentation or information required by the department directly to the department no later than May 1 of the calendar year following the year in which the qualified expenditures were made, in accordance with rules adopted by the department.
(c) The qualifying railroad must include an affidavit certifying that all information contained in the application is true and correct, and supporting documentation must include a copy of any Internal Revenue Service Form 8900, or its equivalent, if such documentation was filed with the Internal Revenue Service for any credit under 26 U.S.C. s. 45G for which the federal credit related in whole or in part to the qualified expenditures in this state for which the credit is sought.
(d) If the qualifying railroad is a taxpayer under this chapter and the credit earned exceeds the taxpayer’s liability under this chapter for that year, or if the qualifying railroad is not a taxpayer under this chapter, the department must issue a letter to the qualifying railroad within 30 days after receipt of the completed application indicating the amount of the approved credit available for carryover or transfer in accordance with subsection (4).
(e) The department may consult with the Department of Transportation regarding the qualifications, ownership, or classification of any qualifying railroad applying for a credit under this section. The Department of Transportation shall provide technical assistance, when requested by the department, on any technical audits performed pursuant to this section.
(4)(a) If the credit granted under this section is not fully used in any one taxable year because of insufficient tax liability on the part of the qualifying railroad, or because the qualifying railroad is not subject to tax under this chapter, the unused amount may be carried forward for a period not to exceed 5 taxable years or may be transferred in accordance with paragraph (b). The carryover or transferred credit may be used in any of the 5 subsequent taxable years, when the tax imposed by this chapter for that taxable year exceeds the credit for which the qualifying railroad or transferee under paragraph (b) is eligible in that taxable year under this subsection, after applying the other credits and unused carryovers in the order provided by s. 220.02(8). (b)1. The credit under this section may be transferred:
a. By written agreement to a taxpayer subject to the tax under this chapter and that either transports property using the rail facilities of the qualifying railroad or furnishes railroad-related property or services to any railroad operating in this state, or is a railroad, as those terms are defined in 26 C.F.R. s. 1.45G-1(b); and
b. At any time during the 5 taxable years following the taxable year the credit was originally earned by the qualifying railroad.
2. The written agreement required for transfer under this paragraph shall:
a. Be filed jointly by the qualifying railroad and the transferee with the department within 30 days after the transfer, in accordance with rules adopted by the department; and
b. Contain all of the following information: the name, address, and taxpayer identification number for the qualifying railroad and the transferee; the amount of the credit being transferred; the taxable year in which the credit was originally earned by the qualifying railroad; and the remaining taxable years for which the credit may be claimed.
(5) Notification of a transfer of credit under this section must be submitted to the department on a form adopted by rule of the department. Within 30 days after the transfer, the department shall provide a letter acknowledging the transfer, after which time the transferee may claim the transferred credit on its return due on or after the date of the letter. The transferee shall attach a copy of the letter to its return when claiming the credit.
(6) In the event the credit provided under this section is reduced as a result of an examination or audit by the department, such tax deficiency shall be recovered from the first entity to have claimed such credit up to the amount of credit taken. Any subsequent deficiency shall be assessed against any entity acquiring and claiming such credit or, in the case of multiple succeeding entities, in the order of credit succession.
(7) The department may adopt rules to implement this section.
1Note.—Section 53, ch. 2022-97, provides that:
“(1) The Department of Revenue is authorized, and all conditions are deemed met, to adopt emergency rules pursuant to s. 120.54(4), Florida Statutes, to implement the amendments made by this act to s. 212.08; the creation by this act of ss. 197.319, 197.3195, and 220.1915, Florida Statutes; and the creation by this act of the temporary tax exemptions for ENERGY STAR appliances, children’s books, children’s diapers, baby and toddler clothing and shoes, and impact-resistant windows, doors, and garage doors. Notwithstanding any other provision of law, emergency rules adopted pursuant to this subsection are effective for 6 months after adoption and may be renewed during the pendency of procedures to adopt permanent rules addressing the subject of the emergency rules.
“(2) This section shall take effect upon this act becoming a law and expires July 1, 2025.”