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Text: HF00438                           Text: HF00440
Text: HF00400 - HF00499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 439

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 422.7, Code 1995, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  32.  a.  Subtract, to the extent included,
  1  4 the total amount of a governmental or other pension,
  1  5 retirement pay, annuity, or other similar periodic payment
  1  6 made under a plan maintained or contributed to by an employer,
  1  7 or maintained or contributed to by a self-employed person as
  1  8 an employer.
  1  9    b.  (1)  Add back, of the amount subtracted in paragraph
  1 10 "a", the lesser of the following:
  1 11    (a)  Fifty percent of the amount in paragraph "a".
  1 12    (b)  Fifty percent of the excess computed under
  1 13 subparagraph (2).
  1 14    (2)  The excess for purposes of subparagraph (1) is the
  1 15 amount by which the adjusted gross income plus interest and
  1 16 dividends from securities which are exempt from federal income
  1 17 tax less fifty percent of the amount in paragraph "a" exceed
  1 18 the base amount.  If there is no excess computed under this
  1 19 subparagraph, this paragraph "b" does not apply to the
  1 20 taxpayer.
  1 21    c.  For purposes of this subsection, "base amount" means
  1 22 one of the following:
  1 23    (1)  Twenty-five thousand dollars, unless subparagraph (2)
  1 24 or (3) applies.
  1 25    (2)  Thirty-two thousand dollars, in the case of a joint
  1 26 return.
  1 27    (3)  Zero, if the taxpayer is married at the close of the
  1 28 tax year, does not file a joint return, and does not live
  1 29 apart from the spouse at all times during the tax year.
  1 30    d.  The amount in paragraph "a" not added back pursuant to
  1 31 paragraph "b" shall be added back under this paragraph to the
  1 32 extent of social security benefits received which are not
  1 33 subject to state tax pursuant to calculations done under
  1 34 subsection 13.
  1 35    Sec. 2.  This Act applies retroactively to January 1, 1995,
  2  1 for tax years beginning on or after that date.  
  2  2                           EXPLANATION
  2  3    The bill exempts governmental and other pension benefits
  2  4 made under a plan to which the employer or self-employed
  2  5 person as an employer makes contributions from the state
  2  6 individual income tax, except for an amount determined by a
  2  7 formula similar to the formula used to determine the amount of
  2  8 social security benefits included for state income tax
  2  9 purposes.  The formula is the lesser of 50 percent of the
  2 10 pension benefits or 50 percent of the amount that the federal
  2 11 adjusted gross income less 50 percent of the pension benefits
  2 12 plus tax-exempt interest income exceeds a base amount.  The
  2 13 base amount is $25,000 unless it is a joint return where the
  2 14 base amount is $32,000 or unless the taxpayer is married,
  2 15 files a separate return, and does not live apart from the
  2 16 spouse at all times, in which case the base amount is $0.
  2 17 However, the amount computed is then reduced by the amount of
  2 18 social security benefits received which have been excluded
  2 19 from state income tax.  The resulting amount is the amount of
  2 20 the pension exclusion.  The bill applies retroactively to
  2 21 January 1, 1995, for tax years beginning on or after that
  2 22 date.  
  2 23 LSB 2044HH 76
  2 24 mg/sc/14
     

Text: HF00438                           Text: HF00440
Text: HF00400 - HF00499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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