Florida Statute 220.131 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XIV
TAXATION AND FINANCE

Chapter 220
INCOME TAX CODE

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F.S. 220.131

220.131 Adjusted federal income; affiliated groups.—

(1) Notwithstanding any prior election made with respect to consolidated returns, and subject to subsection (5), for taxable years beginning on or after September 1, 1984, any corporation subject to tax under this code which corporation is the parent company of an affiliated group of corporations may elect, not later than the due date for filing its return for the taxable year, including any extensions thereof, to consolidate its taxable income with that of all other members of the group, regardless of whether such member is subject to tax under this code, and to return such consolidated taxable income hereunder, in which case all such other members must consent thereto in such manner as the department may by rule prescribe, provided:

(a) Each member of the group consents to such filing by specific written authorization at the time the consolidated return is filed;

(b) The affiliated group so filing under this code has filed a consolidated return for federal income tax purposes for the same taxable year; and

(c) The affiliated group so filing under this code is composed of the identical component members as those which have consolidated their taxable incomes in such federal return.

(2) Subject to subsection (5), the director may require a consolidated return for those members of an affiliated group of corporations which are subject to tax and which would be eligible to elect to consolidate their incomes under subsection (1), if the filing of separate returns for such corporations would improperly reflect the taxable incomes of such corporations or of such group.

(3) The filing of a consolidated return for any taxable year shall require the filing of consolidated returns for all subsequent taxable years so long as the filing taxpayers remain members of the affiliated group or, in the case of a group having component members not subject to tax under this code, so long as a consolidated return is filed by such group for federal income tax purposes, unless the director consents to the filing of separate returns.

(4) The computation of consolidated taxable income for the members of an affiliated group of corporations subject to tax hereunder shall be made in the same manner and under the same procedures, including all intercompany adjustments and eliminations, as are required for consolidating the incomes of affiliated corporations for the taxable year for federal income tax purposes in accordance with s. 1502 of the Internal Revenue Code, and the amount shown as consolidated taxable income shall be the amount subject to tax under this code.

(5) Each taxpayer shall apportion adjusted federal income under s. 220.15 as a member of an affiliated group which files a consolidated return under this section on the basis of apportionment factors described in s. 220.15. For the purposes of this subsection, each special industry member included in an affiliated group filing a consolidated return, who would otherwise be permitted to use a special method of apportionment under s. 220.151 or s. 220.153, shall construct the numerator of its sales, property, and payroll factors, respectively, by multiplying the denominator of each such factor by the premiums, revenue miles, or single sales factor ratio otherwise applicable under s. 220.151 or s. 220.153 in the manner prescribed by department rule.

History.—s. 1, ch. 71-984; s. 4, ch. 83-349; s. 6, ch. 84-549; s. 11, ch. 86-121; s. 90, ch. 91-112; s. 38, ch. 96-397; s. 9, ch. 2011-76.

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Amendments to 220.131

Arrestable Offenses / Crimes under Fla. Stat. 220.131

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 220.131.

Annotations, Discussions, Cases:

Cases Citing Statute 220.131

Total Results: 4

Golden West Financial Corp. v. Florida Department of Revenue

Court: Fla. Dist. Ct. App. | Date Filed: 2008-02-19T00:00:00-08:00

Citation: 975 So. 2d 567, 2008 Fla. App. LEXIS 2129, 2008 WL 420039

Snippet: for the affiliated group, pursuant to section 220.131, Florida Statutes, although not all of the corporations…code that apply to appellants’ situation. Section 220.131(4) reads: The computation of consolidated taxable…implemented by the Florida SRLY rule are sections 220.131(4) and 220.13(1)(b)1, Florida Statutes. The former

Department of Revenue v. Anheuser-Busch, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1988-06-22T00:00:00-07:00

Citation: 527 So. 2d 877, 13 Fla. L. Weekly 1461, 1988 Fla. App. LEXIS 2670, 1988 WL 62163

Snippet: of consolidated Florida returns, Fla.Stat. s. 220.131(4), as adjusted pursuant to Chapter 220, Florida

Dept. of Rev. v. American Tel. & Tel. Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1983-04-27T00:00:00-07:00

Citation: 431 So. 2d 1025

Snippet: taxpayer and others is required or elected under § 220.131; ... Section 220.13(2), Florida Statutes (Supp.…however, asserts in its final order that [s]ection 220.131, Florida Statutes, contains a Florida departure…concept of "affiliated group" in Section 220.131, Florida Statutes (1973), to be misplaced.[5] Although…Corporate Income Taxation, supra at 12-13. Section 220.131 applies only to those corporations which either…consolidated return, the provisions of section 220.131 are simply not applicable and may not be used circuitously

Heftler Construction Co. & Sub. v. Depart. of Rev.

Court: Fla. Dist. Ct. App. | Date Filed: 1976-06-22T00:53:00-07:00

Citation: 334 So. 2d 129

Snippet: group filing a consolidated return under F.S. § 220.131? "C. Are property, payroll and sales of a …corporations filing a consolidated return under § 220.131, which mandates the use of federal taxable income…corporations filing a consolidated return under § 220.131 and that losses derived from Puerto Rican operations…specified additions and subtractions. The second is § 220.131 which allows an affiliated group of corporations…amount subject to tax under this Code.' F.S. § 220.131(4). Based upon this language, it is petitioners