The Florida Tax Credit Scholarship Program allows taxpayers to make
private, voluntary contributions to eligible nonprofit scholarship-funding
organizations and receive a dollar-for-dollar credit against the following
Florida taxes:
The Florida Department of Education designates the eligible nonprofit
scholarship-funding organizations eligible to receive contributions under
the program. A listing of eligible nonprofit scholarship-funding
organizations can be found on the
Florida Department of Education - School Choice
webpage.
Taxpayers who wish to participate must apply to the Department of Revenue
for an allocation of tax credit.
The fastest and easiest way to apply for an allocation of credit or to
rescind a previous allocation of credit is to use the online application.
You must apply online if you are required to file returns and remit
payments by electronic means. When an online application is completed and
submitted, a confirmation number will be provided to confirm receipt of
the application. Taxpayers who do not meet the electronic filing
requirements are encouraged to apply online.
References: Sections 211.0251, 212.1831, 220.02, 220.13, 220.1875,
561.1211, 624.51055 and 1002.395, Florida Statutes, and Rules 12-29.002
and 12-29.003, Florida Administrative Code
Apply for Tax Credit Allocation
To apply for the credit online, visit the Department's
Online Application for Tax Credit Allocation for Contributions to
Nonprofit Scholarship Funding Organizations (SFOs). Once you complete the application, you will receive a confirmation
number that you can print for your records. This confirmation number
only confirms that the Department received your application. It does
not approve the application for credit allocation, and it does not
authorize the use of any credit. The Department will send you written
correspondence explaining the approved tax credit allocation or the
reason the credit allocation could not be approved.
You will need the following information:
- your federal identification number,
-
the name of the eligible nonprofit scholarship-funding organization
you plan to contribute to,
- the amount you plan to contribute for the specific tax, and
-
if you file your Florida corporate income/franchise tax return on a
consolidated basis, the name and federal identification number of
the parent company.
Claiming a Tax Credit
If your credit allocation is approved, you must make a monetary
contribution to the nonprofit scholarship-funding organization
selected in your application before claiming a credit against tax due.
The nonprofit scholarship-funding organization receiving your
contribution will issue you a Certificate of Contribution containing
the amount of the contribution and the date received.
For specific information about claiming credits, refer to the
applicable tax below.
Rescind a Previously Approved Florida Tax Credit Scholarship Program
You may apply to the Department to rescind all or part of a previously
approved credit tax allocation for a contribution to an eligible
nonprofit scholarship-funding organization under the Florida Tax
Credit Scholarship Program. Rescinding a tax credit allocation allows
credit allocations that will not be used by you to be made available
to other taxpayers wishing to apply for an allocation. You must submit
a separate application for each previously approved credit allocation.
You will need the following information:
-
the confirmation number from your original application for an
allocation of credit,
- the amount you wish to rescind in total and by tax type,
- your federal identification number,
-
the name of the eligible nonprofit scholarship-funding organization
which you originally intended to make your contribution to, and
-
if you file your Florida corporate income/franchise tax return on a
consolidated basis, the federal identification number of the parent
company.
The Department will send written correspondence explaining the
approved rescinded amount or the reason the application could not be
approved. The Department will approve the application unless you have
claimed the credit amount to be rescinded on a previously filed tax
return, or the credit allocation for a particular year is closed.
To apply for rescindment online, visit the Department's
Application for Rescindment of Tax Credit for Contributions to
Nonprofit Scholarship Funding Organizations (SFOs).
Transferring a Tax Credit
The tax credit may be conveyed, assigned, or transferred:
-
if all the assets of a taxpayer/entity are conveyed, transferred, or
assigned in the same transaction; or
-
from one taxpayer/entity (transferor) to another taxpayer/entity
(transferee) when the transferee is a member of the transferor’s
affiliated group.
You can apply for a transfer from one member to another member of your
affiliated group by submitting the paper
Florida Tax Credit Scholarship Program Notice of Intent to Transfer
a Tax Credit
(Form DR-116200).
The Department will send notification of approval or denial. If the
transfer is approved, a copy of the approval letter will be sent to
both the transferor and transferee. The approval letter will include
instructions on how the transferee may claim the tax credit on a tax
return.
Transfers must be approved before a transferee may claim a tax
credit on a tax return.
Corporate Income Tax
One hundred percent of an eligible contribution is allowed as a credit
against any tax due for a taxable year. The credit granted must be
reduced by the resulting decrease in federal income tax when
considering the credit and the overall impact it has on the federal
income tax due. The amount of credit taken for the taxable year must
be added back to taxable income only once. A copy of the certificate
of contribution from each eligible nonprofit scholarship-funding
organization must be attached to the return when claiming the credit.
For taxable years beginning on or after January 1, 2018, applications
may be submitted beginning on the first business day in January for
contributions to be made for taxable years that begin in the same
calendar year through the day before the due date, or if extended, the
day before the extended due date of the Florida corporate
income/franchise tax return. The allocation of each state fiscal
year's allotted credit cap amount begins on the first business day in
January. The Department will accept applications for an allocation of
credit against corporate income tax until the allotted credit cap
amount is reached or until the day before the due date, or if the due
date is extended, the day before the extended due date of the return
for the applicable tax year, whichever occurs first.
For estimated tax purposes, all contributions that earn a credit for
the taxable year beginning on or after January 1, 2018, will apply to
the first installment due for that taxable year under the prior year
exception. However, estimated tax penalty and interest may still be
imposed under certain circumstances when the request for an allocation
of credit is made during the period of time in which an extension of
time to file the tax return has been granted.
An unused credit cannot be carried forward more than 10 years. The tax
credit cannot be conveyed, assigned, or transferred to another entity
unless the other entity is a member of the taxpayer's affiliated
group, or all the assets of the taxpayer are conveyed, transferred, or
assigned in the same transaction. For transfers to another member of
the taxpayer's affiliated group, submit
Florida Tax Credit Scholarship Program Notice of Intent to Transfer
a Tax Credit
(Form DR-116200
).
Example 1 - A corporate income tax taxpayer applying for a
credit allocation for its tax year beginning January 1, 2022, and
ending December 31, 2022, may submit an application on January 3,
2022, through April 30, 2023. If the return is validly extended, the
application may be submitted through October 30, 2023, assuming the
annual allocation is not exhausted before the time of application. In
this example, the taxpayer must contribute to the eligible nonprofit
scholarship-funding organization between January 1, 2022, and May 1,
2023, unless the return is validly extended, in which case the
contribution must be made by November 1, 2023. If the credit is not
fully used on this return, the unused credit can be carried forward up
to 10 years.
Example 2 - A corporate income tax taxpayer applying for a
credit allocation for its tax year beginning December 1, 2022, and
ending November 30, 2023, may submit an application on January 3,
2022, through March 31, 2024. If the return is validly extended, the
application may be submitted through September 30, 2024, assuming the
annual allocation is not exhausted before the time of application. In
this example, the taxpayer must contribute to the eligible nonprofit
scholarship-funding organization between December 1, 2022, and April
1, 2024, unless the return is validly extended, in which case the
contribution must be made by October 1, 2024. If the credit is not
fully used on this return, the unused credit can be carried forward up
to 10 years.
References: Sections 220.02(8), 220.13(1)(a)1.b., 220.13(1)(a)11.,
220.1875, 220.222, 220.32, 220.34, and 1002.395, Florida Statutes, and
Rule Chapter 12-29, Florida Administrative Code
Excise Tax on Liquor, Wine, and Malt Beverages
Upon approval of the Division of Alcoholic Beverages and Tobacco of
the Florida Department of Business and Professional Regulation, a
credit is allowed against any tax due, except excise taxes imposed on
wine produced by manufacturers in this state from products grown in
this state, for eligible contributions paid to an eligible nonprofit
scholarship-funding organization. The amount of credit taken may not
exceed 90% of the tax due on the return the credit is claimed. A copy
of the certificate of contribution from each eligible nonprofit
scholarship-funding organization must be attached to the return when
claiming the credit.
Applications may be submitted beginning on the first business day in
January for contributions to be made in the state fiscal year
beginning the following July 1. The Department will accept
applications for an allocation of credit against these excise taxes
until the allotted credit cap amount is reached or until the end of
the applicable state fiscal year, whichever occurs first.
An unused credit cannot be carried forward more than 10 years. The
credit cannot be conveyed, assigned, or transferred to another entity
unless the other entity is a member of the taxpayer's affiliated
group, or all the assets of the taxpayer are conveyed, assigned, or
transferred in the same transaction. For transfers to another member
of the taxpayer's affiliated group, submit the
Florida Tax Credit Scholarship Program Notice of Intent to Transfer
a Tax Credit
(Form DR-116200
).
Example – For state fiscal year 2022-2023, excise taxpayers of
liquor, wine and malt beverages applying for a credit allocation may
submit an application between January 3, 2022, and June 30, 2023,
assuming the annual allocation is not exhausted before the time of
application. In this example, the taxpayer must contribute to the
eligible nonprofit scholarship-funding organization between July 1,
2022, and June 30, 2023. The credit can be claimed after the
contribution is made and before June 30, 2023. If the credit is not
fully used before June 30, 2023, the unused credit can be carried
forward up to 10 years.
References: Sections 561.1211, 563.05, 564.06, 565.12, and 1002.395,
Florida Statutes, and Rule Chapter 12-29, Florida Administrative Code
Insurance Premium Tax
One hundred percent of an eligible contribution is allowed as a credit
against any tax due for a taxable year after deducting from such tax:
-
Deductions for assessments made pursuant to Section 440.51, Florida
Statutes (F.S.) - Workers' Compensation Administrative Assessments;
-
Credits for taxes paid under Sections 175.101 and 185.08, F.S. -
Firefighters' and Police Officers' Pension Trust Funds;
-
Credits for income tax paid under Chapter 220, F.S., and credit
allowed under Section 624.509(5), F.S., as such credit is limited by
Section 624.509(6), F.S., the 65% limitation;
-
Credits for the Strong Families Tax Credit under Section 624.51057,
F.S.; and
-
Credits for the Live Local Program under Section 624.51058, F.S.
A copy of the certificate of contribution from each eligible nonprofit
scholarship-funding organization must be attached to your tax return
when claiming the credit. Credits earned for contributions made for a
taxable year decrease the amount that must be paid to meet the prior
year exception for installment penalty and interest purposes.
Applications may be submitted beginning on the first business day in
January for contributions to be made in tax years that begin in the
same calendar year. The Department will accept applications for an
allocation of credit against that insurance premium tax year until the
allotted credit cap amount is reached or until the day before the due
date of the return for the applicable insurance premium tax year,
whichever occurs first.
An unused credit cannot be carried forward more than 10 years. The
credit cannot be conveyed, assigned, or transferred to another entity
unless the other entity is a member of the taxpayer's affiliated
group, or all the assets of the taxpayer are conveyed, assigned, or
transferred in the same transaction. For transfers to another member
of the taxpayer's affiliated group, submit
Florida Tax Credit Scholarship Program Notice of Intent to Transfer
a Tax Credit
(Form DR-116200
).
Example – An insurance premium taxpayer applying for a credit
allocation for its 2022 tax year, may submit an application between
January 3, 2022, and February 28, 2023, assuming the annual allocation
is not exhausted before the time of application. In this example, the
taxpayer must contribute to the eligible nonprofit scholarship-funding
organization between January 1, 2022, and March 1, 2023. If the credit
is not fully used on its 2022 insurance premium tax return, the unused
credit can be carried forward up to 10 years.
References: Section 624.509, 624.51055, and 1002.395, Florida
Statutes, and Rule Chapter 12-29, Florida Administrative Code
Use Tax Due Under a Direct Pay Permit
One hundred percent of an eligible contribution is allowed as a credit
against any state sales and use tax due from a direct pay permit
holder. Before a credit can be claimed on a
Sales and Use Tax Return (Form
DR-15), the taxpayer must submit a copy of the certificate of
contribution from each eligible nonprofit scholarship-funding
organization to:
Florida Department of Revenue
Revenue Accounting
PO Box 6609
Tallahassee, Fl. 32314-6609
|
Or |
Fax 850 921-1171 |
The Department will respond with specific instructions on how to claim
the credit on your return. You cannot claim the credit until you
receive these instructions.
Applications may be submitted beginning on the first business day in
January for contributions to be made in the state fiscal year
beginning the following July 1. The allocation of each state fiscal
year's allotted amount begins on the first business day in January.
The Department will accept applications for an allocation of credit
against the sales and use tax of a direct pay permit holder until the
allotted credit cap amount is reached or until the end of the
applicable state fiscal year, whichever occurs first.
Claiming this credit will not reduce your collection allowance. An
unused credit cannot be carried forward more than 10 years. The credit
cannot be conveyed, assigned, or transferred to another entity unless
the other entity is a member of the taxpayer's affiliated group, or
all the assets of the taxpayer are conveyed, assigned, or transferred
in the same transaction. For transfers to another member of the
taxpayer's affiliated group, submit
Florida Tax Credit Scholarship Program Notice of Intent to Transfer
a Tax Credit
(Form DR-116200
).
Example – For state fiscal year 2022-2023, direct pay permit
holders applying for a credit allocation may submit an application
between January 1, 2022, and June 30, 2023, assuming the annual
allocation is not exhausted before the time of application. In this
example, the taxpayer must contribute to the eligible nonprofit
scholarship-funding organization between July 1, 2022, and June 30,
2023. The credit can be claimed after the contribution is made and
before June 30, 2023. If the credit amount is not fully used before
June 30, 2023, the unused credit can be carried forward up to 10
years.
References: Sections 212.183, 212.1831, and 1002.395, F.S., and Rule
Chapter 12-29, Florida Administrative Code
Severance Tax - Gas and Oil Production
One hundred percent of an eligible contribution is allowed as a
credit, but the amount of the credit taken may not exceed 50% of the
tax due on the return the credit is claimed. A copy of the certificate
of contribution from each eligible nonprofit scholarship-funding
organization must be attached to your tax return when claiming the
credit.
Applications may be submitted beginning on the first business day in
January for contributions to be made in the state fiscal year
beginning the following July 1. The Department will accept
applications for an allocation of credit against the severance tax
until the allotted credit cap amount is reached or until the end of
the applicable state fiscal year, whichever occurs first.
An unused credit cannot be carried forward more than 10 years. The
credit cannot be conveyed, assigned, or transferred to another entity
unless the other entity is a member of the taxpayer's affiliated
group, or all the assets of the taxpayer are conveyed, assigned, or
transferred in the same transaction. For transfers to another member
of the taxpayer's affiliated group, submit
Florida Tax Credit Scholarship Program Notice of Intent to Transfer
a Tax Credit
(Form DR-116200
).
Example – For state fiscal year 2022-2023, oil and gas
production taxpayers applying for a credit allocation may submit an
application between January 1, 2022, and June 30, 2023, assuming the
annual allocation is not exhausted before the time of application. In
this example, the taxpayer must contribute to the eligible nonprofit
scholarship-funding organization between July 1, 2022, and June 30,
2023. The credit can be claimed after the contribution is made and
before June 30, 2023. If the credit amount is not fully used before
June 30, 2023, the unused credit can be carried forward up to 10
years.
References: Sections 211.02, 211.025, 211.0251, and 1002.395, Florida
Statutes, and Rule Chapter 12-29, Florida Administrative Code