Text: HF02483                           Text: HF02485
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House File 2484

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 422.60, subsection 2, Code 1997, is
  1  2 amended by adding the following new unnumbered paragraph after
  1  3 unnumbered paragraph 1:
  1  4    NEW UNNUMBERED PARAGRAPH.  A nonqualified credit union
  1  5 incorporated or authorized to do business under chapter 533 is
  1  6 not subject to the state alternative minimum tax.
  1  7    Sec. 2.  Section 422.61, Code Supplement 1997, is amended
  1  8 by adding the following new subsection:
  1  9    NEW SUBSECTION.  0A.  "Equity" means, in the case of a
  1 10 credit union, the sum of the regular reserves, investment
  1 11 valuation reserves, other reserves, undivided earnings, plus
  1 12 net income of the credit union as reflected in its annual
  1 13 report under section 533.6.  In the case of a credit union
  1 14 designated as serving predominately low-income members,
  1 15 "equity" also includes uninsured secondary capital.
  1 16    Sec. 3.  Section 422.61, subsection 1, Code Supplement
  1 17 1997, is amended to read as follows:
  1 18    1.  "Financial institution" means a state bank as defined
  1 19 in section 524.103, subsection 33, a state bank chartered
  1 20 under the laws of any other state, a national banking
  1 21 association, a trust company, a federally chartered savings
  1 22 and loan association, an out-of-state state chartered savings
  1 23 bank, a financial institution chartered by the federal home
  1 24 loan bank board, a non-Iowa chartered savings and loan
  1 25 association, an association incorporated or authorized to do
  1 26 business under chapter 534, a nonqualified credit union
  1 27 incorporated or authorized to do business under chapter 533, a
  1 28 nonqualified credit union incorporated or authorized to do
  1 29 business under the laws of another state, or a production
  1 30 credit association.
  1 31    Sec. 4.  Section 422.61, subsection 3, unnumbered paragraph
  1 32 1, Code Supplement 1997, is amended to read as follows:
  1 33    "Net income" in cases other than credit unions means the
  1 34 net income of the financial institution computed in accordance
  1 35 with section 422.35, with the following adjustments:
  2  1    Sec. 5.  Section 422.61, subsection 3, Code Supplement
  2  2 1997, is amended by adding the following new unnumbered
  2  3 paragraph:
  2  4    NEW UNNUMBERED PARAGRAPH.  "Net income", in the case of a
  2  5 nonqualified credit union taxed under this division, means the
  2  6 increase in the amount of equity of the credit union at the
  2  7 end of the fiscal year as reflected in its annual report under
  2  8 section 533.6 over the amount of equity of the credit union at
  2  9 the end of the previous fiscal year as reflected in the
  2 10 previous year's annual report under section 533.6.
  2 11    Sec. 6.  Section 422.61, Code Supplement 1997, is amended
  2 12 by adding the following new subsection:
  2 13    NEW SUBSECTION.  3A.  "Nonqualified credit union" means a
  2 14 credit union that does not meet the requirements to be a
  2 15 qualified credit union, as defined in section 533.24,
  2 16 subsection 3.
  2 17    Sec. 7.  Section 422.62, Code 1997, is amended to read as
  2 18 follows:
  2 19    422.62  DUE AND DELINQUENT DATES.
  2 20    The franchise tax is due and payable on the first day
  2 21 following the end of the taxable year of each financial
  2 22 institution, and is delinquent after the last day of the
  2 23 fourth month following the due date or for financial
  2 24 institutions that are not credit unions forty-five days after
  2 25 the due date of the federal tax return, excluding extensions
  2 26 of time to file, whichever is the later.  Every financial
  2 27 institution shall file a return as prescribed by the director
  2 28 on or before the delinquency date.
  2 29    Sec. 8.  Section 533.24, Code 1997, is amended to read as
  2 30 follows:
  2 31    533.24  TAXATION.
  2 32    1.  A credit union shall be deemed an institution for
  2 33 savings and is subject to taxation only as to its real estate
  2 34 and moneys and credits, except those credit unions subject to
  2 35 the state franchise tax.  The shares shall not be taxed.
  3  1    2.  The moneys and credits tax on credit unions, except
  3  2 those credit unions subject to the state franchise tax, is
  3  3 imposed at a rate of five mills on each dollar of the legal
  3  4 and special reserves which are required to be maintained by
  3  5 the credit union under section 533.17, and shall be levied by
  3  6 the board of supervisors, and placed upon the tax list and
  3  7 collected by the county treasurer, except that an exemption
  3  8 shall be given to each credit union in the amount of forty
  3  9 thousand dollars.  The amount collected in each taxing
  3 10 district within a city shall be apportioned twenty percent to
  3 11 the county, thirty percent to the city general fund, and fifty
  3 12 percent to the general fund of the state, and the amount
  3 13 collected in each taxing district outside of cities shall be
  3 14 apportioned fifty percent to the county and fifty percent to
  3 15 the general fund of the state.  The moneys and credits tax
  3 16 shall be collected at the location of the credit union as
  3 17 shown in its articles of incorporation.
  3 18    3.  Credit unions which do not meet the requirements of a
  3 19 qualified credit union as specified in this subsection are
  3 20 subject to the state franchise tax imposed in chapter 422,
  3 21 division V.
  3 22    a.  A credit union is a qualified credit union if it meets
  3 23 all of the following requirements:
  3 24    (1)  It has less than twenty-five million dollars in
  3 25 assets.
  3 26    (2)  Its members share a common bond of association such
  3 27 as, but not limited to, a single common employer, a common
  3 28 occupation, or residence within a specific geographic
  3 29 boundaries which boundaries shall not exceed the county where
  3 30 the main office of the credit union is located and any
  3 31 contiguous and cornering counties.
  3 32    (3)  It does not accept commercial or business-related
  3 33 deposits and does not make or participate in commercial or
  3 34 business purpose loans.
  3 35    b.  For purposes of this subsection:
  4  1    (1)  "Agricultural purpose" means the same as defined in
  4  2 section 535.13.
  4  3    (2)  "Business purpose" means a for-profit activity by an
  4  4 individual or a for-profit entity including, but not limited
  4  5 to, a commercial, service, or industrial enterprise carried on
  4  6 for profit, or an investment activity.
  4  7    (3)  "Commercial loan" means a loan to an individual or
  4  8 entity for a business purpose or an agricultural purpose.
  4  9 Commercial loan shall not include a loan the proceeds of which
  4 10 will be used primarily for the purchase, construction, or
  4 11 improvement of real property, including a single-family or a
  4 12 two-family dwelling occupied or to be occupied by the
  4 13 borrower.
  4 14    (4)  "Commercial or business-related deposit" means a
  4 15 payment for shares, or a deposit, for which a credit union has
  4 16 given or is obligated to give credit to an account, a
  4 17 certificate of deposit or like certificate, or a share draft
  4 18 drawn against such an account, made by an individual for a
  4 19 business purpose or an agricultural purpose or made by a for-
  4 20 profit entity.
  4 21    (5)  "Loan" includes the refinancing of a contract of sale,
  4 22 and the refinancing of a prior loan, whether or not the
  4 23 borrower was also the borrower under the prior loan, and the
  4 24 assumption of a prior loan.
  4 25    Sec. 9.  This Act applies to taxable years beginning on or
  4 26 after the effective date of this Act.  
  4 27                           EXPLANATION
  4 28    The bill applies the franchise tax, currently imposed on
  4 29 other financial institutions doing business in Iowa and
  4 30 subject to taxation by the state, to chartered credit unions
  4 31 of this or another state that do not meet certain
  4 32 requirements.
  4 33    These requirements include assets of less than $25 million;
  4 34 its members sharing a common bond such as single employer,
  4 35 occupation, or residence within a specific geographic
  5  1 boundaries which do not exceed the county where the main
  5  2 office is located and any contiguous and cornering counties;
  5  3 and it does not accept commercial or business-related
  5  4 deposits, and does not make or participate in commercial or
  5  5 business purpose loans.
  5  6    For the purposes of computing the tax, "net income" for a
  5  7 community-based credit union is defined as the increase in the
  5  8 equity of the credit union during the taxable year.
  5  9    The moneys and credit tax currently imposed on all credit
  5 10 unions is made inapplicable for those credit unions that are
  5 11 subject to the franchise tax.
  5 12    The bill applies to taxable years beginning on or after the
  5 13 effective date of the bill 
  5 14 LSB 4019HH 77
  5 15 mg/cf/24
     

Text: HF02483                           Text: HF02485
Text: HF02400 - HF02499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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