SESSION WATCH
Died SENATE · SESSION 2026

No. SB 238

Corporate Income Tax
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SPONSOR
Smith
FILED BY
Carlos Guillermo Smith — District 17, Democrat [search donations]
EFFECTIVE
7/1/2026
DIED IN
Commerce and Tourism

Filed under Taxes & Budget.

PROVIDED SUMMARY

Corporate Income Tax; Revising the definition of the term “adjusted federal income” to prohibit specified deductions, limit certain carryovers, and require subtractions of certain dividends paid and received within a unitary combined group to determine subtractions from taxable income; repealing a provision relating to the adjusted federal income of affiliated groups; specifying circumstances under which a corporation is considered a member of a unitary combined group; specifying requirements for, limitations on, and prohibitions in calculating and reporting income in a unitary combined group return, etc.

Full bill text →

Plain English Summary

AI-GENERATED
Replaces consolidated returns with mandatory unitary combined group reporting.

Florida repeals the existing consolidated return framework for affiliated groups. Corporations can no longer file a single return under the old rules. This eliminates a long-standing filing option for many businesses.

The bill creates a new unitary combined group reporting system. All members of a unitary group must file a single combined return. This mandates a specific calculation method for determining taxable income.

The definition of adjusted federal income is revised to reflect unitary group income. Specific deductions and intercompany dividends are now subject to new subtraction rules. This changes how corporate income is calculated for tax purposes.

The department loses its specific authority to create regulations for consolidated reporting. The new unitary framework replaces the old regulatory structure entirely. This shifts the administrative focus to the new reporting method.

KEY PROVISIONS
§ 1 Repeal of Consolidated Return Filing majors. 220.131

AIRemoves the legal requirement for affiliated groups to file a single consolidated return, replacing it with a new unitary combined group framework.

“Section 220.131, Florida Statutes, is repealed.” bill text, line 467 →
§ 2 Creation of Unitary Combined Group Reporting majors. 220.1363

AIMandates that all members of a unitary combined group file a single return using a combined reporting method, with specific rules for apportionment and intercompany transactions.

“All members of a unitary combined group must use the unitary combined reporting method” bill text, line 506 →
§ 3 Definition of Unitary Combined Group majors. 220.136

AIEstablishes that a corporation is a member of a unitary combined group if it has 50% or more ownership or is functionally integrated with the group's business activities.

“A corporation having 50 percent or more of its outstanding voting stock directly or indirectly owned or controlled by a unitary combined group is considered a member” bill text, line 471 →
§ 4 Mandatory Combined Reporting for Unitary Groups majors. 220.03

AIRequires all members of a unitary combined group to file a single combined return, eliminating the option to file separately.

“a taxpayer that filed a Florida corporate income tax return in the preceding taxable year and that is a member of a unitary combined group shall compute its income together with...” bill text, line 915 →
§ 5 Removal of Consolidated Return Tax Credits moderates. 220.183

AIEliminates the ability for taxpayers filing consolidated returns to claim various tax credits on a consolidated basis, including community contribution, scholarship funding, and charitable organization credits.

“A taxpayer who files a Florida consolidated return as a member of an affiliated group pursuant to s. 220.131(1) may be allowed the credit on a consolidated return basis” bill text, line 720 →
§ 6 Adjustment to Adjusted Federal Income moderates. 220.13

AIChanges the calculation of adjusted federal income to reflect the taxable income of a unitary combined group rather than multiple taxpayers, and adds specific subtractions for intercompany dividends.

“The term "adjusted federal income" means an amount equal to the taxpayer's taxable income as defined in subsection (2), or such taxable income of a unitary combined group” bill text, line 84 →
§ 7 Removal of Consolidated Reporting Rulemaking Authority moderates. 220.51

AIStrips the department of the specific statutory authority to create regulations for consolidated reporting of affiliated groups.

“Regulations relating to consolidated reporting for affiliated groups of corporations, in order to provide for an equitable and just administration” bill text, line 862 →
§ 8 Restriction of Tax Credit Usage to Qualifying Business moderates. 220.1991

AIProhibits affiliated group members or related entities from using a tax credit earned by a specific qualifying business, limiting the credit to the entity that earned it.

“The credit granted under this subsection may be used in whole or in part by the qualifying business” bill text, line 821 →
TIMELINE
3/13/2026
Died in Commerce and Tourism
1/13/2026
Introduced
11/3/2025
Referred to Commerce and Tourism; Finance and Tax; Appropriations
10/17/2025
Filed
STATUTES IT CHANGES
s. 220.03
+48 / −17
s. 220.13
+148 / −27
s. 220.131
+6 / −0
s. 220.136
+145 / −0
s. 220.1363
+1170 / −0
s. 220.14
+14 / −6