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Text: H05023                            Text: H05025
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House Amendment 5024

Amendment Text

PAG LIN
  1  1    Amend House File 2111 as follows:
  1  2    #1.  Page 4, by inserting after line 18 the
  1  3 following:  
  1  4                      "DIVISION    
  1  5                   INCOME TAX REFUNDS
  1  6    Sec.    .  Section 422.73, Code 1995, is amended by
  1  7 adding the following new subsection:
  1  8    NEW SUBSECTION.  3.  Notwithstanding subsection 2,
  1  9 a claim for credit or refund of individual income tax
  1 10 paid for any tax year beginning on or after January 1,
  1 11 1985, and before January 1, 1989, is considered timely
  1 12 if filed with the department on or before April 30,
  1 13 1997, if the taxpayer's claim is the result of the
  1 14 unconstitutional taxation of federal pension benefits
  1 15 based upon the decision in Davis v. Michigan
  1 16 Department of Treasury, 489 US. 803, 109 S. Ct. 1500
  1 17 (1989).
  1 18    A taxpayer entitled to a credit or refund of tax
  1 19 paid under this subsection shall receive an amount
  1 20 equal to one hundred percent of the credit or refund
  1 21 plus interest with interest not accruing after January
  1 22 12, 1994.  The claim for credit or refund shall be
  1 23 made on the income tax return for the tax year
  1 24 beginning in the 1996 calendar year.  If the taxpayer
  1 25 does not owe tax or the credit is in excess of the tax
  1 26 computed, the taxpayer may claim a refund of the
  1 27 excess or carry forward the excess credit to the
  1 28 following tax year.  A credit carried forward shall be
  1 29 used or a refund of the remaining credit given for the
  1 30 tax year beginning in the 1997 calendar year."
  1 31    #2.  Title page, line 3, by inserting after the
  1 32 word "tax," the following:  "extending the time for
  1 33 filing claims for refunds and credits for
  1 34 unconstitutionally levied income tax".  
  1 35 
  1 36 
  1 37                              
  1 38 O'BRIEN of Boone
  1 39 
  1 40 
  1 41                              
  1 42 MAY of Worth
  1 43 HF 2111.702 76
  1 44 mg/sc
     

Text: H05023                            Text: H05025
Text: H05000 - H05099                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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