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House Study Bill 711

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 422.60, subsection 2, Code Supplement
  1  2 1995, is amended by adding the following new unnumbered
  1  3 paragraph after unnumbered paragraph 1:
  1  4    NEW UNNUMBERED PARAGRAPH.  A credit union incorporated or
  1  5 authorized to do business under chapter 533 whose common bond
  1  6 of association pursuant to section 533.5 is residence within
  1  7 specified geographic boundaries is not subject to the state
  1  8 alternative minimum tax.
  1  9    Sec. 2.  Section 422.61, subsection 1, Code Supplement
  1 10 1995, is amended to read as follows:
  1 11    1.  "Financial institution" means a state bank as defined
  1 12 in section 524.103, subsection 33, a state bank chartered
  1 13 under the laws of any other state, a national banking
  1 14 association, a trust company, a federally chartered savings
  1 15 and loan association, an out-of-state state chartered savings
  1 16 bank, a financial institution chartered by the federal home
  1 17 loan bank board, a non-Iowa chartered savings and loan
  1 18 association, an association incorporated or authorized to do
  1 19 business under chapter 534, a credit union incorporated or
  1 20 authorized to do business under chapter 533 whose common bond
  1 21 of association pursuant to section 533.5 is residence within
  1 22 specified geographic boundaries, or a production credit
  1 23 association.
  1 24    Sec. 3.  Section 422.61, subsection 3, unnumbered paragraph
  1 25 1, Code Supplement 1995, is amended to read as follows:
  1 26    3.  "Net income" in cases other than credit unions means
  1 27 the net income of the financial institution computed in
  1 28 accordance with section 422.35, with the following
  1 29 adjustments:
  1 30    Sec. 4.  Section 422.61, subsection 3, Code Supplement
  1 31 1995, is amended by adding the following new unnumbered
  1 32 paragraph:
  1 33    NEW UNNUMBERED PARAGRAPH.  "Net income" in the case of a
  1 34 credit union taxed under this division means the total
  1 35 transfers to undivided earnings and reserves.
  2  1    Sec. 5.  Section 422.62, Code 1995, is amended to read as
  2  2 follows:
  2  3    422.62  DUE AND DELINQUENT DATES.
  2  4    The franchise tax is due and payable on the first day
  2  5 following the end of the taxable year of each financial
  2  6 institution, and is delinquent after the last day of the
  2  7 fourth month following the due date or for financial
  2  8 institutions that are not credit unions forty-five days after
  2  9 the due date of the federal tax return, excluding extensions
  2 10 of time to file, whichever is the later.  Every financial
  2 11 institution shall file a return as prescribed by the director
  2 12 on or before the delinquency date.
  2 13    Sec. 6.  Section 533.24, Code 1995, is amended to read as
  2 14 follows:
  2 15    533.24  TAXATION.
  2 16    A credit union shall be deemed an institution for savings
  2 17 and is subject to taxation only as to its real estate and
  2 18 moneys and credits, except those credit unions subject to the
  2 19 state franchise tax.  The shares shall not be taxed.
  2 20    The moneys and credits tax on credit unions, except those
  2 21 credit unions subject to the state franchise tax, is imposed
  2 22 at a rate of five mills on each dollar of the legal and
  2 23 special reserves which are required to be maintained by the
  2 24 credit union under section 533.17, and shall be levied by the
  2 25 board of supervisors, and placed upon the tax list and
  2 26 collected by the county treasurer, except that an exemption
  2 27 shall be given to each credit union in the amount of forty
  2 28 thousand dollars.  The amount collected in each taxing
  2 29 district within a city shall be apportioned twenty percent to
  2 30 the county, thirty percent to the city general fund, and fifty
  2 31 percent to the general fund of the state, and the amount
  2 32 collected in each taxing district outside of cities shall be
  2 33 apportioned fifty percent to the county and fifty percent to
  2 34 the general fund of the state.  The moneys and credits tax
  2 35 shall be collected at the location of the credit union as
  3  1 shown in its articles of incorporation.
  3  2    Credit unions whose common bond of association pursuant to
  3  3 section 533.5 is residence within specified geographic
  3  4 boundaries are subject to the state franchise tax imposed in
  3  5 chapter 422, division V.
  3  6    Sec. 7.  This Act applies to tax years beginning on or
  3  7 after the effective date of this Act.  
  3  8                           EXPLANATION
  3  9    The bill applies the franchise tax, currently imposed on
  3 10 other financial institutions doing business in Iowa and
  3 11 subject to taxation by the state, to state chartered credit
  3 12 unions whose common bond is based upon a geographic area.
  3 13    For the purposes of computing the tax, "net income" for a
  3 14 community-based credit union is defined as the total transfers
  3 15 to undivided earnings and reserves.
  3 16    The moneys and credit tax currently imposed on all credit
  3 17 unions is made inapplicable for those credit unions that are
  3 18 subject to the franchise tax.  
  3 19 LSB 4337HC 76
  3 20 mg/cf/24
     

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