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House File 742

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 422.5, subsection 1, paragraphs a
  1  2 through i, Code 1999, are amended to read as follows:
  1  3    a.  On all taxable income from zero through one four
  1  4 thousand dollars, thirty-six hundredths of one two percent.
  1  5    b.  On all taxable income exceeding one thousand dollars
  1  6 but not exceeding two thousand dollars, seventy-two hundredths
  1  7 of one percent.
  1  8    c.  On all taxable income exceeding two thousand dollars
  1  9 but not exceeding four thousand dollars, two and forty-three
  1 10 hundredths percent.
  1 11    d. b.  On all taxable income exceeding four thousand
  1 12 dollars but not exceeding nine fifteen thousand dollars, four
  1 13 and one-half five percent.
  1 14    e.  On all taxable income exceeding nine thousand dollars
  1 15 but not exceeding fifteen thousand dollars, six and twelve
  1 16 hundredths percent.
  1 17    f. c.  On all taxable income exceeding fifteen thousand
  1 18 dollars but not exceeding twenty thirty thousand dollars, six
  1 19 and forty-eight hundredths four-tenths percent.
  1 20    g.  On all taxable income exceeding twenty thousand dollars
  1 21 but not exceeding thirty thousand dollars, six and eight-
  1 22 tenths percent.
  1 23    h. d.  On all taxable income exceeding thirty thousand
  1 24 dollars but not exceeding forty-five thousand dollars, seven
  1 25 six and ninety-two hundredths five-tenths percent.
  1 26    i.  On all taxable income exceeding forty-five thousand
  1 27 dollars, eight and ninety-eight hundredths percent.
  1 28    Sec. 2.  Section 422.5, subsection 1, paragraph j, Code
  1 29 1999, is amended to read as follows:
  1 30    j. e.  (1)  The tax imposed upon the taxable income of a
  1 31 nonresident shall be computed by reducing the amount
  1 32 determined pursuant to paragraphs "a" through "i" "d" by the
  1 33 amounts of nonrefundable credits under this division and by
  1 34 multiplying this resulting amount by a fraction of which the
  1 35 nonresident's net income allocated to Iowa, as determined in
  2  1 section 422.8, subsection 2, paragraph "a", is the numerator
  2  2 and the nonresident's total net income computed under section
  2  3 422.7 is the denominator.  This provision also applies to
  2  4 individuals who are residents of Iowa for less than the entire
  2  5 tax year.
  2  6    (2)  The tax imposed upon the taxable income of a resident
  2  7 shareholder in an S corporation which has in effect for the
  2  8 tax year an election under subchapter S of the Internal
  2  9 Revenue Code and carries on business within and without the
  2 10 state may be computed by reducing the amount determined
  2 11 pursuant to paragraphs "a" through "i" "d" by the amounts of
  2 12 nonrefundable credits under this division and by multiplying
  2 13 this resulting amount by a fraction of which the resident's
  2 14 net income allocated to Iowa, as determined in section 422.8,
  2 15 subsection 2, paragraph "b", is the numerator and the
  2 16 resident's total net income computed under section 422.7 is
  2 17 the denominator.  If a resident shareholder has elected to
  2 18 take advantage of this subparagraph, and for the next tax year
  2 19 elects not to take advantage of this subparagraph, the
  2 20 resident shareholder shall not reelect to take advantage of
  2 21 this subparagraph for the three tax years immediately
  2 22 following the first tax year for which the shareholder elected
  2 23 not to take advantage of this subparagraph, unless the
  2 24 director consents to the reelection.  This subparagraph also
  2 25 applies to individuals who are residents of Iowa for less than
  2 26 the entire tax year.
  2 27    This subparagraph shall not affect the amount of the
  2 28 taxpayer's checkoff to the Iowa election campaign fund under
  2 29 section 56.18, the checkoff for the fish and game fund in
  2 30 section 456A.16, the credits from tax provided in sections
  2 31 422.10, 422.11A, and 422.12 and the allocation of these
  2 32 credits between spouses if the taxpayers filed separate
  2 33 returns or separately on combined returns.
  2 34    Sec. 3.  Section 422.5, subsection 1, paragraph k,
  2 35 unnumbered paragraph 1, Code 1999, is amended to read as
  3  1 follows:
  3  2    There is imposed upon every resident and nonresident of
  3  3 this state, including estates and trusts, the greater of the
  3  4 tax determined in paragraphs "a" through "j" "e" or the state
  3  5 alternative minimum tax equal to seventy-five percent of the
  3  6 maximum state individual income tax rate for the tax year,
  3  7 rounded to the nearest one-tenth of one percent, of the state
  3  8 alternative minimum taxable income of the taxpayer as computed
  3  9 under this paragraph.
  3 10    Sec. 4.  Section 422.5, subsections 2, 6, and 8, Code 1999,
  3 11 are amended to read as follows:
  3 12    2.  However, the tax shall not be imposed on a resident or
  3 13 nonresident whose net income, as defined in section 422.7, is
  3 14 thirteen fourteen thousand five hundred dollars or less in the
  3 15 case of married persons filing jointly or filing separately on
  3 16 a combined return, unmarried heads of household, and surviving
  3 17 spouses or nine eleven thousand dollars or less in the case of
  3 18 all other persons; but in the event that the payment of tax
  3 19 under this division would reduce the net income to less than
  3 20 thirteen fourteen thousand five hundred dollars or nine eleven
  3 21 thousand dollars as applicable, then the tax shall be reduced
  3 22 to that amount which would result in allowing the taxpayer to
  3 23 retain a net income of thirteen fourteen thousand five hundred
  3 24 dollars or nine eleven thousand dollars as applicable.  The
  3 25 preceding sentence does not apply to estates or trusts.  For
  3 26 the purpose of this subsection, the entire net income,
  3 27 including any part of the net income not allocated to Iowa,
  3 28 shall be taken into account.  For purposes of this subsection,
  3 29 net income includes all amounts of pensions or other
  3 30 retirement income received from any source which is not
  3 31 taxable under this division as a result of the government
  3 32 pension exclusions in section 422.7, or any other state law.
  3 33 If the combined net income of a husband and wife exceeds
  3 34 thirteen fourteen thousand five hundred dollars, neither of
  3 35 them shall receive the benefit of this subsection, and it is
  4  1 immaterial whether they file a joint return or separate
  4  2 returns.  However, if a husband and wife file separate returns
  4  3 and have a combined net income of thirteen fourteen thousand
  4  4 five hundred dollars or less, neither spouse shall receive the
  4  5 benefit of this paragraph, if one spouse has a net operating
  4  6 loss and elects to carry back or carry forward the loss as
  4  7 provided in section 422.9, subsection 3.  A person who is
  4  8 claimed as a dependent by another person as defined in section
  4  9 422.12 shall not receive the benefit of this subsection if the
  4 10 person claiming the dependent has net income exceeding
  4 11 thirteen fourteen thousand five hundred dollars or nine eleven
  4 12 thousand dollars as applicable or the person claiming the
  4 13 dependent and the person's spouse have combined net income
  4 14 exceeding thirteen fourteen thousand five hundred dollars or
  4 15 nine eleven thousand dollars as applicable.
  4 16    In addition, if the married persons', filing jointly or
  4 17 filing separately on a combined return, unmarried head of
  4 18 household's, or surviving spouse's net income exceeds thirteen
  4 19 fourteen thousand five hundred dollars, the regular tax
  4 20 imposed under this division shall be the lesser of the maximum
  4 21 state individual income tax rate times the portion of the net
  4 22 income in excess of thirteen fourteen thousand five hundred
  4 23 dollars or the regular tax liability computed without regard
  4 24 to this sentence.  Taxpayers electing to file separately shall
  4 25 compute the alternate tax described in this paragraph using
  4 26 the total net income of the husband and wife.  The alternate
  4 27 tax described in this paragraph does not apply if one spouse
  4 28 elects to carry back or carry forward the loss as provided in
  4 29 section 422.9, subsection 3.
  4 30    6.  Upon determination of the latest cumulative inflation
  4 31 factor, the director shall multiply each dollar amount set
  4 32 forth in subsection 1, paragraphs "a" through "i" "d", of this
  4 33 section by this cumulative inflation factor, shall round off
  4 34 the resulting product to the nearest one dollar, and shall
  4 35 incorporate the result into the income tax forms and
  5  1 instructions for each tax year.
  5  2    8.  In addition to the other taxes imposed by this section,
  5  3 a tax is imposed on the amount of a lump sum distribution for
  5  4 which the taxpayer has elected under section 402(e) of the
  5  5 Internal Revenue Code to be separately taxed for federal
  5  6 income tax purposes for the tax year.  The rate of tax is
  5  7 equal to twenty-five percent of the separate federal tax
  5  8 imposed on the amount of the lump sum distribution.  A
  5  9 nonresident is liable for this tax only on that portion of the
  5 10 lump sum distribution allocable to Iowa.  The total amount of
  5 11 the lump sum distribution subject to separate federal tax
  5 12 shall be included in net income for purposes of determining
  5 13 eligibility under the thirteen fourteen thousand five hundred
  5 14 dollar or less or nine eleven thousand dollar or less
  5 15 exclusion, as applicable.
  5 16    Sec. 5.  Section 422.8, subsection 2, paragraph a, Code
  5 17 1999, is amended to read as follows:
  5 18    a.  Nonresident's net income allocated to Iowa is the net
  5 19 income, or portion of net income, which is derived from a
  5 20 business, trade, profession, or occupation carried on within
  5 21 this state or income from any property, trust, estate, or
  5 22 other source within Iowa.  However, income derived from a
  5 23 business, trade, profession, or occupation carried on within
  5 24 this state and income from any property, trust, estate, or
  5 25 other source within Iowa shall not include distributions from
  5 26 pensions, including defined benefit or defined contribution
  5 27 plans, annuities, individual retirement accounts, and deferred
  5 28 compensation plans or any earnings attributable thereto so
  5 29 long as the distribution is directly related to an
  5 30 individual's documented retirement and received while the
  5 31 individual is a nonresident of this state.  If a business,
  5 32 trade, profession, or occupation is carried on partly within
  5 33 and partly without the state, only the portion of the net
  5 34 income which is fairly and equitably attributable to that part
  5 35 of the business, trade, profession, or occupation carried on
  6  1 within the state is allocated to Iowa for purposes of section
  6  2 422.5, subsection 1, paragraph "j" "e", and section 422.13 and
  6  3 income from any property, trust, estate, or other source
  6  4 partly within and partly without the state is allocated to
  6  5 Iowa in the same manner, except that annuities, interest on
  6  6 bank deposits and interest-bearing obligations, and dividends
  6  7 are allocated to Iowa only to the extent to which they are
  6  8 derived from a business, trade, profession, or occupation
  6  9 carried on within the state.
  6 10    Sec. 6.  Section 422.9, subsection 1, Code 1999, is amended
  6 11 to read as follows:
  6 12    1.  An optional standard deduction, after deduction of
  6 13 federal income tax, equal to one thousand two hundred thirty
  6 14 dollars for a married person who files separately or a single
  6 15 person or equal to three thousand thirty dollars for a husband
  6 16 and wife who file a joint return, a surviving spouse, or an
  6 17 unmarried head of household.  The optional standard deduction
  6 18 shall not exceed the amount remaining after deduction of the
  6 19 federal income tax.  The amount of federal income taxes
  6 20 deducted shall not exceed the amount as computed under
  6 21 subsection 2, paragraph "b".
  6 22    Sec. 7.  Section 422.9, subsection 2, paragraph b, Code
  6 23 1999, is amended by striking the paragraph and inserting in
  6 24 lieu thereof the following:
  6 25    b.  Add the amount of federal income taxes paid with the
  6 26 federal return or as a result of an adjustment to a federal
  6 27 return for tax years ending prior to January 1, 1999.
  6 28 Subtract the amount of federal income tax refunds received for
  6 29 a tax year to the extent that the federal income tax was
  6 30 deducted in a previous tax year.
  6 31    Sec. 8.  Section 422.11B, Code 1999, is amended to read as
  6 32 follows:
  6 33    422.11B  MINIMUM TAX CREDIT.
  6 34    1.  There is allowed as a credit against the tax determined
  6 35 in section 422.5, subsection 1, paragraphs "a" through "j"
  7  1 "e", for a tax year an amount equal to the minimum tax credit
  7  2 for that tax year.
  7  3    The minimum tax credit for a tax year is the excess, if
  7  4 any, of the adjusted net minimum tax imposed for all prior tax
  7  5 years beginning on or after January 1, 1987, over the amount
  7  6 allowable as a credit under this section for those prior tax
  7  7 years.
  7  8    2.  The allowable credit under subsection 1 for a tax year
  7  9 shall not exceed the excess, if any, of the tax determined in
  7 10 section 422.5, subsection 1, paragraphs "a" through "j" "e",
  7 11 over the state alternative minimum tax as determined in
  7 12 section 422.5, subsection 1, paragraph "k".
  7 13    The net minimum tax for a tax year is the excess, if any,
  7 14 of the tax determined in section 422.5, subsection 1,
  7 15 paragraph "k", for the tax year over the tax determined in
  7 16 section 422.5, subsection 1, paragraphs "a" through "j" "e",
  7 17 for the tax year.
  7 18    The adjusted net minimum tax for a tax year is the net
  7 19 minimum tax for the tax year reduced by the amount which would
  7 20 be the net minimum tax if the only item of tax preference
  7 21 taken into account was that described in paragraph (6) of
  7 22 section 57(a) of the Internal Revenue Code.
  7 23    Sec. 9.  Section 422.13, subsection 1A, Code 1999, is
  7 24 amended to read as follows:
  7 25    1A.  Notwithstanding any other provision in this section, a
  7 26 resident of this state is not required to make and file a
  7 27 return if the person's net income is equal to or less than the
  7 28 appropriate dollar amount listed in section 422.5, subsection
  7 29 2, upon which tax is not imposed.  A nonresident of this state
  7 30 is not required to make and file a return if the person's
  7 31 total net income in section 422.5, subsection 1, paragraph "j"
  7 32 "e", is equal to or less than the appropriate dollar amount
  7 33 provided in section 422.5, subsection 2, upon which tax is not
  7 34 imposed.  For purposes of this subsection, the amount of a
  7 35 lump sum distribution subject to separate federal tax shall be
  8  1 included in net income for purposes of determining if a
  8  2 resident is required to file a return and the portion of the
  8  3 lump sum distribution that is allocable to Iowa is included in
  8  4 total net income for purposes of determining if a nonresident
  8  5 is required to make and file a return.
  8  6    Sec. 10.  APPLICABILITY.  This Act applies retroactively to
  8  7 January 1, 1999, for tax years beginning on or after that
  8  8 date.  
  8  9                           EXPLANATION
  8 10    The bill eliminates the deduction for federal income taxes
  8 11 paid from the individual income tax and adjusts the income tax
  8 12 rates downward and increases the amount of the net income
  8 13 exclusion below which no tax is owed to offset the effect of
  8 14 the elimination of the deduction for federal income taxes.
  8 15    The bill applies retroactively to January 1, 1999, for tax
  8 16 years beginning on or after that date.  
  8 17 LSB 2293YH 78
  8 18 mg/sc/14
     

Text: HF00741                           Text: HF00743
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Bills and Amendments: General Index     Bill History: General Index

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