Text: HF00253                           Text: HF00255
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House File 254

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 422.5, subsection 1, paragraph j,
  1  2 subparagraph (2), unnumbered paragraph 1, Code 1999, is
  1  3 amended to read as follows:
  1  4    The tax imposed upon the taxable income of a resident
  1  5 shareholder in owner of an S corporation which has in effect
  1  6 for the tax year an election under subchapter S of the
  1  7 Internal Revenue Code and, partnership, limited liability
  1  8 company, sole proprietorship, or other business entity which
  1  9 carries on business within and without the state may be
  1 10 computed by reducing the amount determined pursuant to
  1 11 paragraphs "a" through "i" by the amounts of nonrefundable
  1 12 credits under this division and by multiplying this resulting
  1 13 amount by a fraction of which the resident's net income
  1 14 allocated to Iowa, as determined in section 422.8, subsection
  1 15 2, paragraph "b", is the numerator and the resident's total
  1 16 net income computed under section 422.7 is the denominator.
  1 17 If a resident shareholder owner has elected to take advantage
  1 18 of this subparagraph, and for the next tax year elects not to
  1 19 take advantage of this subparagraph, the resident shareholder
  1 20 owner shall not reelect to take advantage of this subparagraph
  1 21 for the three tax years immediately following the first tax
  1 22 year for which the shareholder resident elected not to take
  1 23 advantage of this subparagraph, unless the director consents
  1 24 to the reelection.  This subparagraph also applies to
  1 25 individuals who are residents of Iowa for less than the entire
  1 26 tax year.
  1 27    Sec. 2.  Section 422.5, subsection 1, paragraph k,
  1 28 unnumbered paragraph 4, Code 1999, is amended to read as
  1 29 follows:
  1 30    In the case of a resident, including a resident estate or
  1 31 trust, the state's apportioned share of the state alternative
  1 32 minimum tax is one hundred percent of the state alternative
  1 33 minimum tax computed in this subsection.  In the case of a
  1 34 resident or part-year resident shareholder in owner of an S
  1 35 corporation which has in effect for the tax year an election
  2  1 under subchapter S of the Internal Revenue Code and ,
  2  2 partnership, limited liability company, sole proprietorship,
  2  3 or other business entity which carries on business within and
  2  4 without the state, a nonresident, including a nonresident
  2  5 estate or trust, or an individual, estate, or trust that is
  2  6 domiciled in the state for less than the entire tax year, the
  2  7 state's apportioned share of the state alternative minimum tax
  2  8 is the amount of tax computed under this subsection, reduced
  2  9 by the applicable credits in sections 422.10 through 422.12
  2 10 and this result multiplied by a fraction with a numerator of
  2 11 the sum of state net income allocated to Iowa as determined in
  2 12 section 422.8, subsection 2, paragraph "a" or "b" as
  2 13 applicable, plus tax preference items, adjustments, and losses
  2 14 under subparagraph (1) attributable to Iowa and with a
  2 15 denominator of the sum of total net income computed under
  2 16 section 422.7 plus all tax preference items, adjustments, and
  2 17 losses under subparagraph (1).  In computing this fraction,
  2 18 those items excludable under subparagraph (1) shall not be
  2 19 used in computing the tax preference items.  Married taxpayers
  2 20 electing to file separate returns or separately on a combined
  2 21 return must allocate the minimum tax computed in this
  2 22 subsection in the proportion that each spouse's respective
  2 23 preference items, adjustments, and losses under subparagraph
  2 24 (1) bear to the combined preference items, adjustments, and
  2 25 losses under subparagraph (1) of both spouses.
  2 26    Sec. 3.  Section 422.8, subsection 2, paragraph b, Code
  2 27 1999, is amended to read as follows:
  2 28    b.  A resident's income allocable to Iowa is the income
  2 29 determined under section 422.7 reduced by items of income and
  2 30 expenses from an S corporation, partnership, limited liability
  2 31 company, sole proprietorship, or other business entity that
  2 32 carries on business within and without the state when those
  2 33 items of income and expenses pass directly to the shareholders
  2 34 owners of the business entity under provisions of the Internal
  2 35 Revenue Code.  These items of income and expenses are
  3  1 increased by the greater of the following:
  3  2    (1)  The net income or loss of the corporation business
  3  3 entity which is fairly and equitably attributable to this
  3  4 state under section 422.33, subsections 2 and 3.
  3  5    (2)  Any cash or the value of property distributions which
  3  6 are made only to the extent that they are paid from income
  3  7 upon which Iowa income tax has not been paid, as determined
  3  8 under rules of the director, reduced by fifty percent of the
  3  9 amount of any of these distributions that are made to enable
  3 10 the shareholder owner of the business entity to pay federal
  3 11 income tax on items of income, loss, and expenses from the
  3 12 corporation business entity.
  3 13    Sec. 4.  Section 422.8, subsection 6, Code 1999, is amended
  3 14 to read as follows:
  3 15    6.  If the resident or part-year resident is a shareholder
  3 16 an owner of an S corporation which has in effect an election
  3 17 under subchapter S of the Internal Revenue Code, partnership,
  3 18 limited liability company, sole proprietorship, or other
  3 19 business entity, subsections 1 and 3 do not apply to any
  3 20 income taxes paid to another state or foreign country on the
  3 21 income from the corporation which has in effect an election
  3 22 under subchapter S of the Internal Revenue Code business
  3 23 entity.
  3 24    Sec. 5.  This Act applies retroactively to January 1, 1999,
  3 25 for tax years beginning on or after that date.  
  3 26                           EXPLANATION
  3 27    The bill allows resident owners of partnerships, limited
  3 28 liability companies, sole proprietorships, and other business
  3 29 entities to reduce their state individual income tax in the
  3 30 same manner as resident owners of S corporations presently do.
  3 31 In recomputing the income tax liability, the taxpayer does not
  3 32 include all of the income and expenses of the taxpayer's share
  3 33 of the business entity but only the greater of that income and
  3 34 expenses attributable to the state based upon Iowa's corporate
  3 35 tax allocation rules or the actual cash or other property
  4  1 distributed to the taxpayer which was not previously subject
  4  2 to Iowa tax, less any amount distributed that was used to pay
  4  3 federal income taxes.  This is the same computation presently
  4  4 done for S corporations except only 50 percent of the amount
  4  5 distributed to pay federal income taxes are deducted for S
  4  6 corporations.  The bill increases that to 100 percent for all
  4  7 business entities including S corporations.
  4  8    The bill applies retroactively to January 1, 1999, for tax
  4  9 years beginning on or after that date.  
  4 10 LSB 1916HH 78
  4 11 mg/sc/14.1
     

Text: HF00253                           Text: HF00255
Text: HF00200 - HF00299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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