Text: HF00489 Text: HF00491 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 15.333, Code 1999, is amended to read 1 2 as follows: 1 3 15.333 INVESTMENT TAX CREDIT. 1 4 1. An eligible business may claim a corporate tax credit 1 5 up to a maximum of ten percent of the new investment which is 1 6 directly related to new jobs created by the location or 1 7 expansion of an eligible business under the program. Any 1 8 credit in excess of the tax liability for the tax year may be 1 9 credited to the tax liability for the following seven years or 1 10 until depleted, whichever occurs earlier. If the business is 1 11 a partnership, subchapter S corporation, limited liability 1 12 company, or estate or trust electing to have the income taxed 1 13 directly to the individual, an individual may claim the tax 1 14 credit allowed. The amount claimed by the individual shall be 1 15 based upon the pro rata share of the individual's earnings of 1 16 the partnership, subchapter S corporation, limited liability 1 17 company, or estate or trust. For purposes of this section, 1 18 "new investment directly related to new jobs created by the 1 19 location or expansion of an eligible business under the 1 20 program" means the cost of machinery and equipment, as defined 1 21 in section 427A.1, subsection 1, paragraphs "e" and "j", 1 22 purchased for use in the operation of the eligible business, 1 23 the purchase price of which has been depreciated in accordance 1 24 with generally accepted accounting principles, and the cost of 1 25 improvements made to real property which is used in the 1 26 operation of the eligible business and which receives a 1 27 partial property tax exemption for the actual value added 1 28 under section 15.332. 1 29 2. For purposes of this section, the purchase price of 1 30 real property and any buildings and structures located on the 1 31 real property will be considered a new investment in the 1 32 location or expansion of an eligible business. However, if 1 33 within five years of purchase, the eligible business sells, 1 34 disposes of, razes, or otherwise renders unusable all or a 1 35 part of the land, buildings, or other existing structures for 2 1 which tax credit was claimed under this section, the income 2 2 tax liability of the eligible business for the year in which 2 3 all or part of the property is sold, disposed of, razed, or 2 4 otherwise rendered unusable shall be increased by one of the 2 5 following amounts: 2 6 a. One hundred percent of the tax credit claimed under 2 7 this section if the property ceases to be eligible for the tax 2 8 credit within one full year after being placed in service. 2 9 b. Eighty percent of the tax credit claimed under this 2 10 section if the property ceases to be eligible for the tax 2 11 credit within two full years after being placed in service. 2 12 c. Sixty percent of the tax credit claimed under this 2 13 section if the property ceases to be eligible for the tax 2 14 credit within three full years after being placed in service. 2 15 d. Forty percent of the tax credit claimed under this 2 16 section if the property ceases to be eligible for the tax 2 17 credit within four full years after being placed in service. 2 18 e. Twenty percent of the tax credit claimed under this 2 19 section if the property ceases to be eligible for the tax 2 20 credit within five full years after being placed in service. 2 21 EXPLANATION 2 22 This bill amends Code section 15.333 regarding the new 2 23 investment tax credit under the new jobs and income program. 2 24 Under the Code section, a business is allowed to claim a tax 2 25 credit of up to a maximum of 10 percent of the new investment 2 26 which is directly related to new jobs created by the location 2 27 or expansion of an eligible business under the program. The 2 28 bill defines new investment to include the purchase price of 2 29 real property and any buildings and structures located on the 2 30 real property. The bill provides that if within five years of 2 31 purchase the eligible business sells, disposes of, razes, or 2 32 otherwise renders unusable all or a part of the land, 2 33 buildings, or other structures for which an investment tax 2 34 credit was claimed, the income tax liability of the eligible 2 35 business shall be increased by a varying percentage of the 3 1 investment tax credit claimed. 3 2 LSB 1321HV 78 3 3 tm/gg/8
Text: HF00489 Text: HF00491 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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