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House File 2483

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  15E.41  PURPOSE.
  1  2    The purpose of this division is to enhance the quality of
  1  3 life for citizens of this state by encouraging the creation of
  1  4 new jobs, industry, products, and wealth through the increased
  1  5 availability and accessibility to capital, particularly at the
  1  6 seed and venture capital investment stages.
  1  7    Sec. 2.  NEW SECTION.  15E.42  TAX CREDITS.
  1  8    1.  For tax years beginning on or after January 1, 2000, a
  1  9 tax credit shall be allowed against the taxes imposed in
  1 10 chapter 422, divisions II, III, and V, and in chapter 432, for
  1 11 net losses, as described in section 15E.43, subsection 2,
  1 12 incurred by a taxpayer in an equity investment approved
  1 13 pursuant to section 15E.43.  An individual may claim the
  1 14 credit of a partnership, limited liability company, S
  1 15 corporation, estate or trust electing to have income taxed
  1 16 directly to the individual.  The amount claimed by the
  1 17 individual shall be based upon the pro rata share of the
  1 18 individual's earnings from the partnership, limited liability
  1 19 company, S corporation, estate or trust.  Any tax credit in
  1 20 excess of the taxpayer's liability for the tax year may be
  1 21 credited to the tax liability for the following three years or
  1 22 until depleted, whichever is earlier.  A tax credit shall not
  1 23 be carried back to a tax year prior to the tax year in which
  1 24 the taxpayer redeems the tax credit.
  1 25    2.  The maximum tax credit for a qualifying taxpayer shall
  1 26 not exceed fifty percent of the taxpayer's original equity
  1 27 investment in an approved investment or one hundred thousand
  1 28 dollars, whichever is less.
  1 29    3.  The aggregate amount of tax credits issued under this
  1 30 section for taxes imposed pursuant to chapter 422, divisions
  1 31 II, III, and V, and chapter 432 shall not exceed a total of
  1 32 thirty-five million dollars.
  1 33    4.  The department of revenue and finance, in consultation
  1 34 with the department of economic development, shall develop a
  1 35 system for registration, issuance, and redemption of tax
  2  1 credits issued by the state under this section.  The
  2  2 department of revenue and finance and the department of
  2  3 economic development shall adopt any other policies,
  2  4 procedures, or rules pursuant to chapter 17A necessary for the
  2  5 administration of this division and of tax credits issued by
  2  6 the state under this section.
  2  7    Sec. 3.  NEW SECTION.  15E.43  APPROVED INVESTMENTS.
  2  8    1.  In order for an investment to qualify for a tax credit
  2  9 under section 15E.42, the investment must be approved by the
  2 10 department of economic development and be in a qualifying
  2 11 business.  In order to be a qualifying business, the business
  2 12 must meet all of the following criteria:
  2 13    a.  The business has a business plan which details the
  2 14 business's growth strategy, the management team if applicable,
  2 15 a production or management plan, a financial plan, and other
  2 16 standard elements of a business plan.
  2 17    b.  The business has an owner who is currently
  2 18 participating in, or has successfully completed, a recognized
  2 19 entrepreneurial venture development curriculum or have an
  2 20 owner with a minimum of three years of management experience.
  2 21    c.  The business is not a business engaged primarily in
  2 22 retail sales.
  2 23    d.  The business is headquartered in this state and its
  2 24 principal business operations are located in this state.
  2 25    e.  The business has no more than one hundred employees, at
  2 26 least seventy-five percent of whom are employed in the state.
  2 27    f.  During the two most recent fiscal years of the
  2 28 business, the business had an average annual net income, after
  2 29 federal income taxes and excluding any carry-over losses, of
  2 30 not more than two million dollars as determined in accordance
  2 31 with generally accepted accounting principles.
  2 32    g.  The business has a net worth that is not in excess of
  2 33 five million dollars.
  2 34    h.  The business is not predominately engaged in the
  2 35 provision of professional services provided by accountants,
  3  1 attorneys, or physicians.
  3  2    i.  The business is not engaged in the development of real
  3  3 estate for resale.
  3  4    j.  The business is not engaged in banking or lending.
  3  5    k.  The business is predominantly engaged in a targeted
  3  6 industry as described in section 15.329, subsection 2,
  3  7 paragraph "b", subparagraphs (1) and (3) through (10).
  3  8    l.  It is the intent of the business to provide long-term
  3  9 attractive compensation packages with many of the compensation
  3 10 packages for owners and employees to be risk and venture based
  3 11 with a focus on future returns.
  3 12    2.  The tax credit authorized under section 15E.42 may be
  3 13 redeemed for losses of the taxpayer's original equity
  3 14 investment incurred upon the insolvency of the business.  The
  3 15 tax credit shall not be redeemed later than ten years from the
  3 16 date of the qualifying investment.
  3 17    3.  A taxpayer may, prior to making an investment in a
  3 18 specified business, request a written opinion from the
  3 19 department that a business in which it proposes to invest is a
  3 20 qualified business.  The department shall issue a written
  3 21 opinion stating whether the business meets the criteria under
  3 22 subsection 1 for a qualified business.
  3 23    4.  A taxpayer shall submit an application for an approved
  3 24 investment to the department on a form prescribed by the
  3 25 department.  The application shall include the name of the
  3 26 taxpayer applying for approval, the name of the qualifying
  3 27 business, the amount of the proposed equity investment, and
  3 28 any other information specified by the department.  The
  3 29 application shall also include an undertaking by the taxpayer
  3 30 to make the equity investment within five days after the
  3 31 department notifies the taxpayer that the investment has been
  3 32 approved.
  3 33    Sec. 4.  NEW SECTION.  15E.44  REPORTS AND RESERVES.
  3 34    1.  By December 15 of each year, the department of economic
  3 35 development, in consultation with the department of revenue
  4  1 and finance, shall submit a report to the governor and the
  4  2 general assembly.  The report shall include, but not be
  4  3 limited to, the anticipated value of any tax credits issued
  4  4 and the estimated current and anticipated impact the approved
  4  5 investments have on the state.
  4  6    2.  The department of economic development shall conduct an
  4  7 annual risk analysis which matches the current and anticipated
  4  8 value of approved equity investments with the current and
  4  9 anticipated value of any tax credits issued.  If the
  4 10 anticipated value of the tax credits authorized exceeds the
  4 11 anticipated value of approved investments, the department of
  4 12 economic development shall establish a reserve account within
  4 13 the repayment stream of an Iowa agricultural industry finance
  4 14 loan made pursuant to section 15E.208 sufficient to cover such
  4 15 losses to the general fund of the state in the event that tax
  4 16 credits are redeemed.
  4 17    Sec. 5.  NEW SECTION.  422.11C  APPROVED INVESTMENT TAX
  4 18 CREDIT.
  4 19    The taxes imposed under this division, less the credits
  4 20 allowed under sections 422.12 and 422.12B, shall be reduced by
  4 21 an approved investment tax credit received pursuant to
  4 22 sections 15E.41 through 15E.44.
  4 23    An individual may claim the approved investment tax credit
  4 24 allowed a partnership, limited liability company, S
  4 25 corporation, or estate or trust electing to have the income
  4 26 taxed directly to the individual.  The amount claimed by the
  4 27 individual shall be based upon the pro rata share of the
  4 28 individual's earnings of the partnership, limited liability
  4 29 company, S corporation, or estate or trust.
  4 30    Any credit in excess of the tax liability for the tax year
  4 31 may be credited to the tax liability for the following three
  4 32 years or until depleted, whichever is earlier.
  4 33    Sec. 6.  Section 422.33, Code Supplement 1999, is amended
  4 34 by adding the following new subsection:
  4 35    NEW SUBSECTION.  9.  The taxes imposed under this division
  5  1 shall be reduced by an approved investment tax credit received
  5  2 pursuant to sections 15E.41 through 15E.44.
  5  3    Any credit in excess of the tax liability for the tax year
  5  4 may be credited to the tax liability for the following three
  5  5 tax years or until depleted, whichever is earlier.
  5  6    Sec. 7.  Section 422.60, Code 1999, is amended by adding
  5  7 the following new subsection:
  5  8    NEW SUBSECTION.  4.  The taxes imposed under this division
  5  9 shall be reduced by an approved investment tax credit received
  5 10 pursuant to sections 15E.41 through 15E.44.
  5 11    Any credit in excess of the tax liability for the tax year
  5 12 may be credited to the tax liability for the following three
  5 13 tax years or until depleted, whichever is earlier.
  5 14    Sec. 8.  NEW SECTION.  432.12A  APPROVED INVESTMENT TAX
  5 15 CREDIT.
  5 16    The taxes imposed under this chapter shall be reduced by an
  5 17 approved investment tax credit received pursuant to sections
  5 18 15E.41 through 15E.44.
  5 19    Any credit in excess of the tax liability for the calendar
  5 20 year may be credited to the tax liability for the following
  5 21 three calendar years or until depleted, whichever is earlier.  
  5 22                           EXPLANATION
  5 23    This bill creates a personal income, corporate income,
  5 24 financial institution franchise, and insurance premium tax
  5 25 credit which may be claimed by a taxpayer for net losses
  5 26 incurred by the taxpayer in an approved equity investment.
  5 27 The bill provides that any tax credit in excess of the
  5 28 taxpayer's liability may be credited to the tax liability for
  5 29 the following three years or until depleted, whichever is
  5 30 earlier.  The bill provides that the tax credit shall not be
  5 31 carried back to previous tax years.  The bill provides that
  5 32 the maximum tax credit for a qualifying taxpayer shall not
  5 33 exceed 50 percent of the taxpayer's original equity investment
  5 34 in an approved investment or $100,000, whichever is less.  The
  5 35 bill provides that the aggregate amount of tax credits issued
  6  1 by the state shall not exceed a total of $35 million.
  6  2    The bill provides that in order for an investment to
  6  3 qualify for a tax credit, the investment must be approved by
  6  4 the department of economic development and be in a qualifying
  6  5 business which meets certain criteria.  The bill provides that
  6  6 a taxpayer may request the department to issue a written
  6  7 opinion regarding whether a business meets the criteria of a
  6  8 qualifying business.  The bill provides for an application
  6  9 procedure for the taxpayer to perform and provides that the
  6 10 taxpayer shall make the approved investment within five days
  6 11 after the department notifies the taxpayer that the investment
  6 12 has been approved.  The bill provides that a tax credit may be
  6 13 redeemed for losses of the taxpayer's original equity
  6 14 investment incurred upon the insolvency of the business.  The
  6 15 bill provides that the tax credit shall not be redeemed later
  6 16 than 10 years from the date of the qualifying investment.
  6 17    The bill provides that, by December 15 of each year, the
  6 18 department of economic development, in consultation with the
  6 19 department of revenue and finance, shall submit a report to
  6 20 the governor and the general assembly relating to the
  6 21 anticipated value of any tax credits issued and the estimated
  6 22 current and anticipated impact the approved investments have
  6 23 on the state.  The bill provides that the department of
  6 24 economic development shall conduct an annual risk analysis
  6 25 which matches the current and anticipated value of approved
  6 26 equity investments with the current and anticipated value of
  6 27 any tax credits issued.  The bill provides that if the
  6 28 anticipated value of the tax credits authorized exceeds the
  6 29 anticipated value of qualifying equity investments, the
  6 30 department of economic development shall establish a reserve
  6 31 account within the repayment stream of an Iowa agricultural
  6 32 industry finance loan made pursuant to Code section 15E.208
  6 33 sufficient to cover such losses to the general fund of the
  6 34 state in the event that tax credits are redeemed.  
  6 35 LSB 6053HV 78
  7  1 tm/cls/14
     

Text: HF02482                           Text: HF02484
Text: HF02400 - HF02499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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