Senate File 454 - Introduced





                                       SENATE FILE       
                                       BY  McKINLEY


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for a new jobs tax credit and including an
  2    effective and applicability date provision.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2452XS 83
  5 tw/sc:mg/24

PAG LIN



  1  1    Section 1.  NEW SECTION.  422.11X  NEW JOBS TAX CREDIT.
  1  2    1.  a.  The taxes imposed under this division, less the
  1  3 credits allowed under section 422.12, shall be reduced by a
  1  4 new jobs tax credit in an amount equal to fifty percent of the
  1  5 amount of wages paid in a tax year for each new job created.
  1  6    b.  The amount of the credit that may be claimed by a
  1  7 taxpayer is computed on the greater of the following:
  1  8    (1)  The first fifty jobs created by the employer.
  1  9    (2)  A five percent expansion of the employer's current
  1 10 workforce.
  1 11    2.  To be eligible for the tax credit, an employer shall
  1 12 not be an applicant for or a recipient of financial assistance
  1 13 from the department of economic development or a recipient of
  1 14 moneys under the federal American Recovery and Reinvestment
  1 15 Act of 2009, Pub. L. No. 111=5.
  1 16    3.  A job must meet the following conditions to qualify for
  1 17 the new jobs tax credit:
  1 18    a.  The job is a permanent full=time equivalent position
  1 19 that did not exist in the business within the previous six
  1 20 months in the state.
  1 21    b.  The job is filled by a new employee for at least twelve
  1 22 months.
  1 23    c.  The job shall be filled by a resident of the state.
  1 24    d.  The job was not created as a result of a change in
  1 25 ownership or as a result of a consolidation, merger, or
  1 26 restructuring of a business entity if the job does not
  1 27 represent a new job in the state.
  1 28    e.  The job shall not have been previously filled by the
  1 29 same employee in the state.
  1 30    f.  The job was not relocated from another location in the
  1 31 state.
  1 32    g.  The job pays at least one hundred percent of the lower
  1 33 of the average county or average regional wage, excluding
  1 34 benefits, as calculated by the department of revenue based on
  1 35 data from the wage and employment information from the
  2  1 quarterly covered wage and employment data report issued by
  2  2 the department of workforce development.
  2  3    h.  The job is created on or after the effective date of
  2  4 this Act but before June 30, 2011.
  2  5    4.  a.  A new jobs tax credit may only be claimed once for
  2  6 each qualifying new job.
  2  7    b.  A taxpayer is entitled to claim the tax credit upon the
  2  8 end of the twelfth month of the job having been filled.
  2  9 However, if the job is eliminated within twelve months from
  2 10 the date the taxpayer is entitled to claim the tax credit, the
  2 11 taxpayer is subject to repayment of the amount of the tax
  2 12 credit received.
  2 13    5.  An individual may claim a tax credit under this section
  2 14 of a partnership, limited liability company, S corporation,
  2 15 estate, or trust electing to have income taxed directly to the
  2 16 individual.  The amount claimed by the individual shall be
  2 17 based upon the pro rata share of the individual's earnings
  2 18 from the partnership, limited liability company, S
  2 19 corporation, estate, or trust.
  2 20    6.  a.  Any tax credit in excess of the taxpayer's
  2 21 liability for the tax year is not refundable, but the taxpayer
  2 22 may elect to have the excess credited to the tax liability for
  2 23 the following five years or until depleted, whichever is
  2 24 earlier.
  2 25    b.  A tax credit shall not be carried back to a tax year
  2 26 prior to the tax year in which the taxpayer first receives the
  2 27 tax credit.
  2 28    7.  A taxpayer eligible for the tax credit shall include
  2 29 with the taxpayer's return information relating to each new
  2 30 job created during the tax year and shall include information
  2 31 establishing the total amount of wages paid for those jobs
  2 32 during the tax year pursuant to rules of the department.
  2 33    8.  The tax credit authorized in this section is in lieu of
  2 34 the new jobs tax credits authorized in sections 422.11A and
  2 35 422.33, subsection 6.
  3  1    9.  This section is repealed June 30, 2017.  This repeal
  3  2 does not affect the ability to carry forward tax credits
  3  3 pursuant to subsection 6.
  3  4    Sec. 2.  Section 422.33, Code 2009, is amended by adding
  3  5 the following new subsection:
  3  6    NEW SUBSECTION.  27.  The taxes imposed under this division
  3  7 shall be reduced by a new jobs tax credit in the same manner,
  3  8 for the same amount, and under the same conditions as provided
  3  9 in section 422.11X.
  3 10    Sec. 3.  Section 422.60, Code 2009, is amended by adding
  3 11 the following new subsection:
  3 12    NEW SUBSECTION.  15.  The taxes imposed under this division
  3 13 shall be reduced by a new jobs tax credit in the same manner,
  3 14 for the same amount, and under the same conditions as provided
  3 15 in section 422.11X.
  3 16    Sec. 4.  NEW SECTION.  432.12M  NEW JOBS TAX CREDIT.
  3 17    The taxes imposed under this chapter shall be reduced by a
  3 18 new jobs tax credit in the same manner, for the same amount,
  3 19 and under the same conditions as provided in section 422.11X.
  3 20    Sec. 5.  Section 533.329, subsection 2, Code 2009, is
  3 21 amended by adding the following new paragraph:
  3 22    NEW PARAGRAPH.  n.  The moneys and credits tax imposed
  3 23 under this section shall be reduced by a new jobs tax credit
  3 24 in the same manner, for the same amount, and under the same
  3 25 conditions as provided in section 422.11X.
  3 26    Sec. 6.  EFFECTIVE AND APPLICABILITY DATE.  This Act, being
  3 27 deemed of immediate importance, takes effect upon enactment
  3 28 and applies to new jobs created on or after that date.
  3 29                           EXPLANATION
  3 30    This bill provides a tax credit to employers in an amount
  3 31 equal to 50 percent of the wages paid for new jobs created in
  3 32 the next two years.  The amount of the tax credit is computed
  3 33 on 50 new jobs or a 5 percent expansion of the workforce,
  3 34 whichever is greater.
  3 35    To be eligible for the tax credit, an employer must not be
  4  1 an applicant for or a recipient of financial assistance from
  4  2 the department of economic development or a recipient of
  4  3 moneys from the federal American Recovery and Reinvestment Act
  4  4 of 2009.
  4  5    A qualifying new job:
  4  6    1.  Must be a full=time equivalent position that did not
  4  7 exist in the business within the previous six months in the
  4  8 state.
  4  9    2.  Must be filled by a new employee for at least 12 months
  4 10 before the credit can be claimed.
  4 11    3.  Must be filled by a resident of the state.
  4 12    4.  Must not be created as a result of a change in
  4 13 ownership or as a result of a consolidation, merger, or
  4 14 restructuring of a business entity if the job does not
  4 15 represent a new job in the state.
  4 16    5.  Must not have been previously filled by the same
  4 17 employee in the state.
  4 18    6.  Must not have been relocated from another location in
  4 19 the state.
  4 20    7.  Must pay at least 100 percent of the lower of the
  4 21 average county or average regional wage, excluding benefits.
  4 22    8.  Must have been created on or after the effective date
  4 23 of the bill but before June 30, 2011.
  4 24    The tax credit is available against the individual and
  4 25 corporate income taxes, the franchise tax, the insurance
  4 26 companies tax, and the moneys and credits tax.
  4 27    A tax credit may only be claimed once for each qualifying
  4 28 new job.  A taxpayer is entitled to claim the credit upon the
  4 29 end of the twelfth month of the job having been filled.
  4 30 However, if the job is eliminated within 12 months from the
  4 31 date the taxpayer is entitled to claim the credit, the
  4 32 taxpayer is subject to repayment of the amount of the tax
  4 33 credit received.
  4 34    Any tax credit in excess of the taxpayer's liability for
  4 35 the tax year is not refundable, but the taxpayer may elect to
  5  1 have the excess credited to the tax liability for the
  5  2 following five years or until depleted, whichever is earlier.
  5  3 A tax credit shall not be carried back to a tax year prior to
  5  4 the tax year in which the taxpayer first receives the tax
  5  5 credit.
  5  6    The tax credit is in lieu of the existing new jobs tax
  5  7 credit allowed against the individual and corporate income
  5  8 taxes.
  5  9    The bill takes effect upon enactment and applies to new
  5 10 jobs created on or after that date.
  5 11 LSB 2452XS 83
  5 12 tw/sc:mg/24.1