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Senate Study Bill 206

Conference Committee Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  422.11D  ROYALTIES INCOME CREDIT.
  1  2    1.  The taxes imposed under this division, less the credits
  1  3 allowed under this division, shall be reduced by a royalties
  1  4 income credit.  An individual may claim the royalties income
  1  5 credit allowed a partnership, subchapter S corporation, or
  1  6 estate or trust electing to have the income taxed directly to
  1  7 the individual.  The amount claimed by the individual shall be
  1  8 based upon the pro rata share of the individual's earnings of
  1  9 a partnership, subchapter S corporation, or estate or trust.
  1 10    2.  The amount of the credit is equal to five percent of
  1 11 royalties income earned by an inventor of a product
  1 12 researched, developed, manufactured, packaged, and distributed
  1 13 in or from this state beginning with the first tax year in
  1 14 which the income from royalties is received and continuing for
  1 15 each tax year that the manufacturer of the product is in the
  1 16 state at the end of the tax year.
  1 17    3.  Any credit in excess of the tax liability imposed by
  1 18 section 422.5 less the credits allowed under this division for
  1 19 the taxable year shall be refunded with interest computed
  1 20 under section 422.25.  In lieu of claiming a refund, a
  1 21 taxpayer may elect to have the overpayment shown on the
  1 22 taxpayer's final, completed return credited to the tax
  1 23 liability for the following taxable year.
  1 24    4.  For the purposes of this section:
  1 25    a.  "Inventor" means a person who perceives a new concept
  1 26 which may result in a product patented, trademarked, or
  1 27 copyrighted pursuant to federal law.
  1 28    b.  "Product" means a device, technique, or process, or a
  1 29 work of intellectual value.
  1 30    c.  "Royalties" means things of value received by an
  1 31 inventor in connection with the licensing, rental, or sale of
  1 32 a product patented, trademarked, or copyrighted pursuant to
  1 33 federal law.
  1 34    Sec. 2.  Section 422.33, Code 1995, is amended by adding
  1 35 the following new subsection:
  2  1    NEW SUBSECTION.  9.  a.  The taxes imposed under this
  2  2 division, less the credits allowed under this section, shall
  2  3 be reduced by a royalties income credit.
  2  4    b.  The amount of the credit is equal to five percent of
  2  5 royalties income earned by an inventor of a product
  2  6 researched, developed, manufactured, packaged, and distributed
  2  7 in or from this state beginning with the first tax year in
  2  8 which the income from royalties is received by the
  2  9 manufacturer and continuing for each tax year that the
  2 10 manufacturer of the product is in the state at the end of the
  2 11 tax year.
  2 12    c.  Any credit in excess of the tax liability imposed by
  2 13 this section less the credits allowed under this division for
  2 14 the taxable year shall be refunded with interest computed
  2 15 under section 422.25.  In lieu of claiming a refund, a
  2 16 taxpayer may elect to have the overpayment shown on the
  2 17 taxpayer's final, completed return credited to the tax
  2 18 liability for the following taxable year.
  2 19    d.  For the purposes of this section:
  2 20    (1)  "Inventor" means a person who perceives a new concept
  2 21 which may result in a product patented, trademarked, or
  2 22 copyrighted pursuant to federal law.
  2 23    (2)  "Product" means a device, technique, or process, or a
  2 24 work of intellectual value.
  2 25    (3)  "Royalties" means things of value received by an
  2 26 inventor in connection with the licensing, rental, or sale of
  2 27 a product patented, trademarked, or copyrighted pursuant to
  2 28 federal law.
  2 29    Sec. 3.  RETROACTIVE APPLICABILITY.  This Act applies
  2 30 retroactively to January 1, 1995, for tax years beginning on
  2 31 or after that date.  
  2 32                           EXPLANATION
  2 33    This bill allows a refundable state income tax credit for
  2 34 individuals and corporations equal to 5 percent of the income
  2 35 received by the inventor of a product researched, developed,
  3  1 manufactured, packaged, and distributed in or from Iowa.  The
  3  2 royalties income tax credit continues for each tax year that
  3  3 the manufacturer of the product is in the state at the end of
  3  4 the tax year.
  3  5    The bill applies retroactively to January 1, 1995, for tax
  3  6 years beginning on or after that date.  
  3  7 LSB 2122SC 76
  3  8 sc/cf/24
     

Text: SSB00205                          Text: SSB00207
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