Text: HF00020                           Text: HF00022
Text: HF00000 - HF00099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 21

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 422.5, subsection 1, paragraph j,
  1  2 subparagraph (2), unnumbered paragraph 2, Code 1999, is
  1  3 amended to read as follows:
  1  4    This subparagraph shall not affect the amount of the
  1  5 taxpayer's checkoff to the Iowa election campaign fund under
  1  6 section 56.18, the checkoff for the fish and game fund in
  1  7 section 456A.16, the credits from tax provided in sections
  1  8 422.10, 422.11A, and 422.12 and the allocation of these
  1  9 credits between spouses if the taxpayers filed separate
  1 10 returns or separately on combined returns.
  1 11    Sec. 2.  Section 422.5, subsection 1, paragraph k,
  1 12 unnumbered paragraph 4, Code 1999, is amended to read as
  1 13 follows:
  1 14    In the case of a resident, including a resident estate or
  1 15 trust, the state's apportioned share of the state alternative
  1 16 minimum tax is one hundred percent of the state alternative
  1 17 minimum tax computed in this subsection.  In the case of a
  1 18 resident or part-year resident shareholder in an S corporation
  1 19 which has in effect for the tax year an election under
  1 20 subchapter S of the Internal Revenue Code and carries on
  1 21 business within and without the state, a nonresident,
  1 22 including a nonresident estate or trust, or an individual,
  1 23 estate, or trust that is domiciled in the state for less than
  1 24 the entire tax year, the state's apportioned share of the
  1 25 state alternative minimum tax is the amount of tax computed
  1 26 under this subsection, reduced by the applicable credits in
  1 27 sections 422.10 through 422.12 and this result multiplied by a
  1 28 fraction with a numerator of the sum of state net income
  1 29 allocated to Iowa as determined in section 422.8, subsection
  1 30 2, paragraph "a" or "b" as applicable, plus tax preference
  1 31 items, adjustments, and losses under subparagraph (1)
  1 32 attributable to Iowa and with a denominator of the sum of
  1 33 total net income computed under section 422.7 plus all tax
  1 34 preference items, adjustments, and losses under subparagraph
  1 35 (1).  In computing this fraction, those items excludable under
  2  1 subparagraph (1) shall not be used in computing the tax
  2  2 preference items.  Married taxpayers electing to file separate
  2  3 returns or separately on a combined return must allocate the
  2  4 minimum tax computed in this subsection in the proportion that
  2  5 each spouse's respective preference items, adjustments, and
  2  6 losses under subparagraph (1) bear to the combined preference
  2  7 items, adjustments, and losses under subparagraph (1) of both
  2  8 spouses.
  2  9    Sec. 3.  Section 422.5, subsection 2, Code 1999, is amended
  2 10 to read as follows:
  2 11    2.  However, the tax shall not be imposed on a resident or
  2 12 nonresident whose net income, as defined in section 422.7, is
  2 13 thirteen thousand five hundred dollars or less in the case of
  2 14 married persons filing jointly or filing separately on a
  2 15 combined return, unmarried heads of household, and surviving
  2 16 spouses or nine thousand dollars or less in the case of all
  2 17 other persons; but in the event that the payment of tax under
  2 18 this division would reduce the net income to less than
  2 19 thirteen thousand five hundred dollars or nine thousand
  2 20 dollars as applicable, then the tax shall be reduced to that
  2 21 amount which would result in allowing the taxpayer to retain a
  2 22 net income of thirteen thousand five hundred dollars or nine
  2 23 thousand dollars as applicable.  The preceding sentence does
  2 24 not apply to estates or trusts.  For the purpose of this
  2 25 subsection, the entire net income, including any part of the
  2 26 net income not allocated to Iowa, shall be taken into account.
  2 27 For purposes of this subsection, net income includes all
  2 28 amounts of pensions or other retirement income received from
  2 29 any source which is not taxable under this division as a
  2 30 result of the government pension exclusions in section 422.7,
  2 31 or any other state law.  If the combined net income of a
  2 32 husband and wife exceeds thirteen thousand five hundred
  2 33 dollars, neither of them shall receive the benefit of this
  2 34 subsection, and it is immaterial whether they file a joint
  2 35 return or separate returns.  However, if a husband and wife
  3  1 file separate returns and have a combined net income of
  3  2 thirteen thousand five hundred dollars or less, neither spouse
  3  3 shall receive the benefit of this paragraph, if one spouse has
  3  4 a net operating loss and elects to carry back or carry forward
  3  5 the loss as provided in section 422.9, subsection 3.  A person
  3  6 who is claimed as a dependent by another person as defined in
  3  7 section 422.12 shall not receive the benefit of this
  3  8 subsection if the person claiming the dependent has net income
  3  9 exceeding thirteen thousand five hundred dollars or nine
  3 10 thousand dollars as applicable or the person claiming the
  3 11 dependent and the person's spouse have combined net income
  3 12 exceeding thirteen thousand five hundred dollars or nine
  3 13 thousand dollars as applicable.
  3 14    In addition, if the married persons', filing jointly or
  3 15 filing separately on a combined return, unmarried head of
  3 16 household's, or surviving spouse's net income exceeds thirteen
  3 17 thousand five hundred dollars, the regular tax imposed under
  3 18 this division shall be the lesser of the maximum state
  3 19 individual income tax rate times the portion of the net income
  3 20 in excess of thirteen thousand five hundred dollars or the
  3 21 regular tax liability computed without regard to this
  3 22 sentence.  Taxpayers electing to file separately shall compute
  3 23 the alternate tax described in this paragraph using the total
  3 24 net income of the husband and wife.  The alternate tax
  3 25 described in this paragraph does not apply if one spouse
  3 26 elects to carry back or carry forward the loss as provided in
  3 27 section 422.9, subsection 3.
  3 28    Sec. 4.  Section 422.7, subsections 1 through 34, Code
  3 29 1999, are amended by striking the subsections and inserting in
  3 30 lieu thereof the following:
  3 31    1.  Subtract interest and dividends from federal
  3 32 securities.
  3 33    2.  Add interest and dividends from foreign securities and
  3 34 from securities of state and other political subdivisions
  3 35 exempt from federal income tax under the Internal Revenue
  4  1 Code.
  4  2    3.  Subtract, to the extent included, the amount of
  4  3 additional social security benefits taxable under the Internal
  4  4 Revenue Code for tax years beginning on or after January 1,
  4  5 1994.  The amount of social security benefits taxable as
  4  6 provided in section 86 of the Internal Revenue Code, as
  4  7 amended up to and including January 1, 1993, continues to
  4  8 apply for state income tax purposes for tax years beginning on
  4  9 or after January 1, 1994.  Married taxpayers, who file a joint
  4 10 federal income tax return and who elect to file separate
  4 11 returns for state income tax purposes, shall allocate between
  4 12 the spouses the amount of benefits subtracted from net income
  4 13 in the ratio of the social security benefits received by each
  4 14 spouse to the total of these benefits received by both
  4 15 spouses.
  4 16    4.  Add interest and dividends from regulated investment
  4 17 companies exempt from federal income tax under the Internal
  4 18 Revenue Code and subtract the loss on the sale or exchange of
  4 19 a share of a regulated investment company held for six months
  4 20 or less to the extent the loss was disallowed under section
  4 21 852(b)(4)(B) of the Internal Revenue Code.
  4 22    5.  Subtract the net capital gain from the following:
  4 23    a.  (1)  Net capital gain from the sale of real property
  4 24 used in a business, in which the taxpayer materially
  4 25 participated for ten years, as defined in section 469(h) of
  4 26 the Internal Revenue Code, and which has been held for a
  4 27 minimum of ten years, or from the sale of a business, as
  4 28 defined in section 422.42, in which the taxpayer was employed
  4 29 or in which the taxpayer materially participated for ten
  4 30 years, as defined in section 469(h) of the Internal Revenue
  4 31 Code, and which has been held for a minimum of ten years.  The
  4 32 sale of a business means the sale of all or substantially all
  4 33 of the tangible personal property or service of the business.
  4 34    However, where the business is sold to individuals who are
  4 35 all lineal descendants of the taxpayer, the taxpayer does not
  5  1 have to have materially participated in the business in order
  5  2 for the net capital gain from the sale to be excluded from
  5  3 taxation.
  5  4    However, in lieu of the net capital gain deduction in this
  5  5 paragraph and paragraphs "b", "c", and "d", where the business
  5  6 is sold to individuals who are all lineal descendants of the
  5  7 taxpayer, the amount of capital gain from each capital asset
  5  8 may be subtracted in determining net income.
  5  9    (2)  For purposes of this paragraph, "lineal descendant"
  5 10 means children of the taxpayer, including legally adopted
  5 11 children and biological children, stepchildren, grandchildren,
  5 12 great-grandchildren, and any other lineal descendants of the
  5 13 taxpayer.
  5 14    b.  Net capital gain from the sale of cattle or horses held
  5 15 by the taxpayer for breeding, draft, dairy, or sporting
  5 16 purposes for a period of twenty-four months or more from the
  5 17 date of acquisition; but only if the taxpayer received more
  5 18 than one-half of the taxpayer's gross income from farming or
  5 19 ranching operations during the tax year.
  5 20    c.  Net capital gain from the sale of breeding livestock,
  5 21 other than cattle or horses, if the livestock is held by the
  5 22 taxpayer for a period of twelve months or more from the date
  5 23 of acquisition; but only if the taxpayer received more than
  5 24 one-half of the taxpayer's gross income from farming or
  5 25 ranching operations during the tax year.
  5 26    d.  Net capital gain from the sale of timber as defined in
  5 27 section 631(a) of the Internal Revenue Code.
  5 28    However, to the extent otherwise allowed, the deduction
  5 29 provided in this subsection is not allowed for purposes of
  5 30 computation of a net operating loss in section 422.9,
  5 31 subsection 3, and in computing the income for the taxable year
  5 32 or years for which a net operating loss is deducted.
  5 33    6.  Subtract, to the extent not otherwise deducted in
  5 34 computing adjusted gross income, the amounts paid by the
  5 35 taxpayer for the purchase of health benefits coverage or
  6  1 insurance for the taxpayer or taxpayer's spouse or dependent.
  6  2    7.  For a person who is disabled, or is fifty-five years of
  6  3 age or older, or is the surviving spouse of an individual or a
  6  4 survivor having an insurable interest in an individual who
  6  5 would have qualified for the exemption under this subsection
  6  6 for the tax year, subtract, to the extent included, the total
  6  7 amount of a governmental or other pension or retirement pay,
  6  8 including, but not limited to, defined benefit or defined
  6  9 contribution plans, annuities, individual retirement accounts,
  6 10 plans maintained or contributed to by an employer, or
  6 11 maintained or contributed to by a self-employed person as an
  6 12 employer, and deferred compensation plans or any earnings
  6 13 attributable to the deferred compensation plans, up to a
  6 14 maximum of five thousand dollars for a person, other than a
  6 15 husband or wife, who files a separate state income tax return
  6 16 and up to a maximum of ten thousand dollars for a husband and
  6 17 wife who file a joint state income tax return.  However, a
  6 18 surviving spouse who is not disabled or fifty-five years of
  6 19 age or older can only exclude the amount of pension or
  6 20 retirement pay received as a result of the death of the other
  6 21 spouse.  A husband and wife filing separate state income tax
  6 22 returns are allowed a combined maximum exclusion under this
  6 23 subsection of up to ten thousand dollars.  The ten thousand
  6 24 dollar exclusion shall be allocated to the husband or wife in
  6 25 the proportion that each spouse's respective pension and
  6 26 retirement pay received bears to total combined pension and
  6 27 retirement pay received.
  6 28    Sec. 5.  Section 422.9, subsection 2, paragraph i, Code
  6 29 1999, is amended to read as follows:
  6 30    i.  If the taxpayer has a deduction for medical care
  6 31 expenses under section 213 of the Internal Revenue Code, the
  6 32 taxpayer shall recompute for the purposes of this subsection
  6 33 the amount of the deduction under section 213 by excluding
  6 34 from medical care, as defined in section 213, the amount
  6 35 subtracted under section 422.7, subsection 32 6.
  7  1    Sec. 6.  Section 422.12, Code 1999, is amended by adding
  7  2 the following new subsection:
  7  3    NEW SUBSECTION.  2A.  If married taxpayers file jointly, a
  7  4 second-earner tax credit equal to two and sixty-five
  7  5 hundredths percent of the taxable income of the lesser earning
  7  6 spouse.
  7  7    Sec. 7.  Section 422.12B, subsection 2, Code 1999, is
  7  8 amended to read as follows:
  7  9    2.  Married taxpayers electing to file separate returns or
  7 10 filing separately on a combined return may avail themselves of
  7 11 the earned income credit by allocating the earned income
  7 12 credit to each spouse in the proportion that each spouse's
  7 13 respective earned income bears to the total combined earned
  7 14 income.  Taxpayers affected by the allocation provisions of
  7 15 section 422.8 shall be permitted a deduction for the credit
  7 16 only in the amount fairly and equitably allocable to Iowa
  7 17 under rules prescribed by the director.
  7 18    Sec. 8.  Section 422.12C, subsection 3, Code 1999, is
  7 19 amended to read as follows:
  7 20    3.  Married taxpayers who have filed joint federal returns
  7 21 electing to file separate returns or to file separately on a
  7 22 combined return form must determine the child and dependent
  7 23 care credit under subsection 1 based upon their combined net
  7 24 income and allocate the total credit amount to each spouse in
  7 25 the proportion that each spouse's respective net income bears
  7 26 to the total combined net income.  Nonresidents or part-year
  7 27 residents of Iowa must determine their Iowa child and
  7 28 dependent care credit in the ratio of their Iowa source net
  7 29 income to their all source net income.  Nonresidents or part-
  7 30 year residents who are married and elect to file separate
  7 31 returns or to file separately on a combined return form must
  7 32 allocate the Iowa child and dependent care credit between the
  7 33 spouses in the ratio of each spouse's Iowa source net income
  7 34 to the combined Iowa source net income of the taxpayers.
  7 35    Sec. 9.  Section 422.21, unnumbered paragraphs 2 and 7,
  8  1 Code 1999, are amended to read as follows:
  8  2    An individual in the armed forces of the United States
  8  3 serving in an area designated by the president of the United
  8  4 States or the United States Congress as a combat zone, or an
  8  5 individual serving in support of those forces, is allowed the
  8  6 same additional time period after leaving the combat zone, or
  8  7 after a period of continuous hospitalization, to file a state
  8  8 income tax return or perform other acts related to the
  8  9 department, as would constitute timely filing of the return or
  8 10 timely performance of other acts described in section 7508(a)
  8 11 of the Internal Revenue Code.  For the purposes of this
  8 12 paragraph, "other acts related to the department" includes
  8 13 filing claims for refund for any tax administered by the
  8 14 department, making tax payments other than withholding
  8 15 payments, filing appeals on the tax matters, filing other tax
  8 16 returns, and performing other acts described in the
  8 17 department's rules.  The additional time period allowed
  8 18 applies to the spouse of the individual described in this
  8 19 paragraph to the extent the spouse files jointly or separately
  8 20 on the combined return form with the individual or when the
  8 21 spouse is a party with the individual to any matter for which
  8 22 the additional time period is allowed.  For the purposes of
  8 23 this paragraph, the Internal Revenue Code shall be interpreted
  8 24 to include the provisions of Pub. L. No. 102-2.
  8 25    If married taxpayers file a joint return or file separately
  8 26 on a combined return in accordance with rules prescribed by
  8 27 the director, both spouses are jointly and severally liable
  8 28 for the total tax due on the return, except when one spouse is
  8 29 considered to be an innocent spouse under criteria established
  8 30 pursuant to section 6013(e) of the Internal Revenue Code.
  8 31    Sec. 10.  Section 541A.3, subsection 2, Code 1999, is
  8 32 amended by striking the subsection.
  8 33    Sec. 11.  This Act, being deemed of immediate importance,
  8 34 takes effect upon enactment and applies retroactively to
  8 35 January 1, 1999, for tax years beginning on or after that
  9  1 date.  
  9  2                           EXPLANATION 
  9  3    Under present law, the computation of individuals' income
  9  4 tax begins with federal adjusted gross income with
  9  5 approximately 32 adjustments.  This bill reduces that to seven
  9  6 adjustments which are presently available.  These include the
  9  7 exclusion of interest from federal securities, certain capital
  9  8 gains, health coverage premiums, and some pension benefits,
  9  9 less social security benefits being taxed, the inclusion of
  9 10 state, foreign, and local government interest not specifically
  9 11 excluded elsewhere in the Code, and the inclusion of certain
  9 12 interest and dividends from regulated investment companies.
  9 13    The bill eliminates the ability for married taxpayers to
  9 14 file separately on a combined return and provides in lieu
  9 15 thereof a second-earner tax credit.
  9 16    The bill takes effect upon enactment and applies
  9 17 retroactively to January 1, 1999, for tax years beginning on
  9 18 or after that date.  
  9 19 LSB 1369YH 78
  9 20 mg/cf/24
     

Text: HF00020                           Text: HF00022
Text: HF00000 - HF00099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home index


© 1999 Cornell College and League of Women Voters of Iowa


Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Wed Jan 12 05:55:23 CST 2000
URL: /DOCS/GA/78GA/Legislation/HF/00000/HF00021/990111.html
jhf