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House Amendment 9027

Amendment Text

PAG LIN
  1  1    Amend House File 2560 as follows:
  1  2    #1.  Page 5, by inserting after line 7 the
  1  3 following:
  1  4    "Sec. 200.  NEW SECTION.  422.11E  ASSISTIVE DEVICE
  1  5 TAX CREDIT – SMALL BUSINESS.
  1  6    1.  The taxes imposed under this division, less the
  1  7 credits allowed under sections 422.12 and 422.12B,
  1  8 shall be reduced by an assistive device tax credit.  A
  1  9 small business purchasing, renting, or modifying an
  1 10 assistive device or making workplace modifications for
  1 11 an individual with a disability who is employed or
  1 12 will be employed by the small business is entitled to
  1 13 receive this assistive device tax credit which is
  1 14 equal to fifty percent of the first five thousand
  1 15 dollars paid during the tax year for the purchase,
  1 16 rental, or modification of the assistive device or for
  1 17 making the workplace modifications.  Any credit in
  1 18 excess of the tax liability shall be refunded with
  1 19 interest computed under section 422.25.  In lieu of
  1 20 claiming a refund, a taxpayer may elect to have the
  1 21 overpayment shown on the taxpayer's final, completed
  1 22 return credited to the tax liability for the following
  1 23 tax year.  If the small business elects to take the
  1 24 assistive device tax credit, the small business shall
  1 25 reduce the deduction for the costs of purchasing,
  1 26 renting, or modifying an assistive device or making
  1 27 workplace modifications by the amount of the credit.
  1 28    2.  An individual may claim an assistive device tax
  1 29 credit allowed a partnership, limited liability
  1 30 company, S corporation, estate, or trust electing to
  1 31 have the income taxed directly to the individual.  The
  1 32 amount claimed by the individual shall be based upon
  1 33 the pro rata share of the individual's earnings of the
  1 34 partnership, limited liability company, S corporation,
  1 35 estate, or trust.
  1 36    3.  For purposes of this section:
  1 37    a.  "Assistive device" means any item, piece of
  1 38 equipment, or product system which is used to
  1 39 increase, maintain, or improve the functional
  1 40 capabilities of an individual with a disability in the
  1 41 workplace or on the job.  "Assistive device" does not
  1 42 mean any medical device, surgical device, or organ
  1 43 implanted or transplanted into or attached directly to
  1 44 an individual.  "Assistive device" does not include
  1 45 any device for which a certificate of title is issued
  1 46 by the state department of transportation, but does
  1 47 include any item, piece of equipment, or product
  1 48 system otherwise meeting the definition of "assistive
  1 49 device" that is incorporated, attached, or included as
  1 50 a modification in or to such a device issued a
  2  1 certificate of title.
  2  2    b.  "Disability" means the same as defined in
  2  3 section 225C.46.
  2  4    c.  "Small business" means a business that either
  2  5 had gross receipts for its preceding tax year of three
  2  6 million dollars or less or employed not more than
  2  7 fourteen full-time employees during its preceding tax
  2  8 year.
  2  9    d.  "Workplace modifications" means physical
  2 10 alterations to the work environment.
  2 11    Sec. 201.  Section 422.33, Code Supplement 1999, is
  2 12 amended by adding the following new subsection:
  2 13    NEW SUBSECTION.  8A.  The taxes imposed under this
  2 14 division shall be reduced by an assistive device tax
  2 15 credit.  A small business purchasing, renting, or
  2 16 modifying an assistive device or making workplace
  2 17 modifications for purposes of an individual with a
  2 18 disability who is employed or will be employed by the
  2 19 small business is entitled to receive this assistive
  2 20 device tax credit which is equal to fifty percent of
  2 21 the first five thousand dollars paid during the tax
  2 22 year for the purchase, rental, or modification of the
  2 23 assistive device or for making the workplace
  2 24 modifications.  Any credit in excess of the tax
  2 25 liability shall be refunded with interest computed
  2 26 under section 422.25.  In lieu of claiming a refund, a
  2 27 taxpayer may elect to have the overpayment shown on
  2 28 the taxpayer's final, completed return credited to the
  2 29 tax liability for the following tax year.  If the
  2 30 small business elects to take the assistive device tax
  2 31 credit, the small business shall reduce the deduction
  2 32 for the costs of purchasing, renting, or modifying an
  2 33 assistive device or making workplace modifications by
  2 34 the amount of the credit.
  2 35    a.  For purposes of this subsection, "assistive
  2 36 device" means any item, piece of equipment, or product
  2 37 system which is used to increase, maintain, or improve
  2 38 the functional capabilities of an individual with a
  2 39 disability in the workplace or on the job.  "Assistive
  2 40 device" does not mean any medical device, surgical
  2 41 device, or organ implanted or transplanted into or
  2 42 attached directly to an individual.  "Assistive
  2 43 device" does not include any device for which a
  2 44 certificate of title is issued by the state department
  2 45 of transportation, but does include any item, piece of
  2 46 equipment, or product system otherwise meeting the
  2 47 definition of "assistive device" that is incorporated,
  2 48 attached, or included as a modification in or to such
  2 49 a device issued a certificate of title.
  2 50    b.  "Disability" means the same as defined in
  3  1 section 225C.46.
  3  2    c.  "Small business" means a business that either
  3  3 had gross receipts for its preceding tax year of three
  3  4 million dollars or less or employed not more than
  3  5 fourteen full-time employees during its preceding tax
  3  6 year.
  3  7    d.  "Workplace modifications" means physical
  3  8 alterations to the work environment."
  3  9    #2.  Page 5, by inserting after line 22 the
  3 10 following:
  3 11    "Sec.    .  EFFECTIVE AND RETROACTIVE APPLICABILITY
  3 12 DATE.  Sections 200 and 201 of this Act, being deemed
  3 13 of immediate importance, take effect upon enactment
  3 14 and apply retroactively to January 1, 2000, for tax
  3 15 years beginning on or after that date."
  3 16    #3.  Title page, line 3, by inserting after the
  3 17 word "barns" the following:  "and for the acquisition
  3 18 or modification of assistive technology or the
  3 19 modification of the workplace in order to assist
  3 20 persons with a disability in the workplace, and
  3 21 including an effective and retroactive applicability
  3 22 date provision." 
  3 23 
  3 24 
  3 25                               
  3 26 JOCHUM of Dubuque
  3 27 HF 2560.310 78
  3 28 mg/cf
     

Text: H09026                            Text: H09028
Text: H09000 - H09099                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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