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22 paragraph does not apply if one spouse elects to carry 23 back or carry forward the loss as provided in section 24 422.9, subsection 3. 25 8. In addition to the other taxes imposed by this 26 section, a tax is imposed on the amount of a lump sum 27 distribution for which the taxpayer has elected under 28 section 402(e) of the Internal Revenue Code to be 29 separately taxed for federal income tax purposes for 30 the tax year. The rate of tax is equal to twenty-five 31 percent of the separate federal tax imposed on the 32 amount of the lump sum distribution. A nonresident is 33 liable for this tax only on that portion of the lump 34 sum distribution allocable to Iowa. The total amount 35 of the lump sum distribution subject to separate 36 federal tax shall be included in net income for 37 purposes of determining eligibility under thethirteen38 sixteen thousandfiveeight hundred seventy-five 39 dollar or less ornineeleven thousand two hundred 40 fifty dollar or less exclusion, as applicable. 41 Sec. ___. Section 453A.6, subsection 1, Code 1997, 42 is amended to read as follows: 43 1. There is imposed, and shall be collected and 44 paid to the department, the following taxes on all 45 cigarettes used or otherwise disposed of in this state 46 for any purpose whatsoever: 47 CLASS A. On cigarettes weighing not more than 48 three pounds per thousand,eighteen millsthree cents 49 on each such cigarette. 50 CLASS B. On cigarettes weighing more than three Page 3 1 pounds per thousand,eighteen millsthree cents on 2 each such cigarette. 3 Sec. ___. APPLICABILITY. Section 100 of this 4 division applies retroactively to January 1, 1998, for 5 tax years beginning on or after that date." 6 2. Title page, line 5, by inserting after the 7 word "credits," the following: "increasing the net 8 income exclusion amount,". 9 3. Title page, line 8, by inserting after the 10 word "taxes," the following: "relating to an increase 11 in the cigarette tax rate,". Greig of Emmet rose on a point of order that amendment H-8516 was not germane. The Speaker ruled the point well taken and amendment H-8516 not germane. Jochum of Dubuque offered amendment H-8865 filed by Jochum, et. al., as follows:
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