Text: HF02539                           Text: HF02541
Text: HF02500 - HF02599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 2540

Partial Bill History

Bill Text

PAG LIN
  1  1                                            HOUSE FILE 2540
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO ECONOMIC DEVELOPMENT PROGRAMS AND RELATED TAX
  1  5    CREDITS AND INCLUDING EFFECTIVE AND RETROACTIVE APPLICABILITY
  1  6    DATE PROVISIONS.  
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  Section 15.333, subsection 1, Code Supplement
  1 11 1999, is amended to read as follows:
  1 12    1.  An eligible business may claim a corporate tax credit
  1 13 up to a maximum of ten percent of the new investment which is
  1 14 directly related to new jobs created by the location or
  1 15 expansion of an eligible business under the program.  Any
  1 16 credit in excess of the tax liability for the tax year may be
  1 17 credited to the tax liability for the following seven years or
  1 18 until depleted, whichever occurs earlier.  Subject to prior
  1 19 approval by the department of economic development in
  1 20 consultation with the department of revenue and finance, an
  1 21 eligible business whose project primarily involves the
  1 22 production of value-added agricultural products may elect to
  1 23 refund all or a portion of an unused tax credit.  The refund
  1 24 may be used against a tax liability imposed under chapter 422,
  1 25 division II, III, or V.  If the business is a partnership,
  1 26 subchapter S corporation, limited liability company, or estate
  1 27 or trust electing to have the income taxed directly to the
  1 28 individual, an individual may claim the tax credit allowed.
  1 29 The amount claimed by the individual shall be based upon the
  1 30 pro rata share of the individual's earnings of the
  1 31 partnership, subchapter S corporation, limited liability
  1 32 company, or estate or trust.  For purposes of this section,
  1 33 "new investment directly related to new jobs created by the
  1 34 location or expansion of an eligible business under the
  1 35 program" means the cost of machinery and equipment, as defined
  2  1 in section 427A.1, subsection 1, paragraphs "e" and "j",
  2  2 purchased for use in the operation of the eligible business,
  2  3 the purchase price of which has been depreciated in accordance
  2  4 with generally accepted accounting principles, and the cost of
  2  5 improvements made to real property which is used in the
  2  6 operation of the eligible business and which receives a
  2  7 partial property tax exemption for the actual value added
  2  8 under section 15.332.
  2  9    1A.  An eligible business whose project primarily involves
  2 10 the production of value-added agricultural products, that
  2 11 elects to receive a refund of all or a portion of an unused
  2 12 tax credit, shall apply to the department of economic
  2 13 development for tax credit certificates.  An eligible business
  2 14 whose project primarily involves the production of value-added
  2 15 agricultural products shall not claim a tax credit under this
  2 16 section unless a tax credit certificate issued by the
  2 17 department of economic development is attached to the
  2 18 taxpayer's tax return for the tax year during which the tax
  2 19 credit is claimed.  A tax credit certificate shall not be
  2 20 valid until the tax year following the date of the project
  2 21 completion.  A tax credit certificate shall contain the
  2 22 taxpayer's name, address, tax identification number, the date
  2 23 of project completion, the amount of the tax credit, other
  2 24 information required by the department of revenue and finance.
  2 25 The department of economic development shall not issue tax
  2 26 credit certificates which total more than four million dollars
  2 27 during a fiscal year.  If the department receives applications
  2 28 for tax credit certificates in excess of four million dollars,
  2 29 the applicants shall receive certificates for a prorated
  2 30 amount.  The tax credit certificates shall not be transferred.
  2 31    Sec. 2.  Section 15.333A, subsection 1, unnumbered
  2 32 paragraph 2, Code 1999, is amended to read as follows:
  2 33    For purposes of this section, "new investment directly
  2 34 related to new jobs created by the location or expansion of an
  2 35 eligible business under the program" means the cost of
  3  1 machinery and equipment, as defined in section 427A.1,
  3  2 subsection 1, paragraphs "e" and "j", purchased for use in the
  3  3 operation of the eligible business, the purchase price of
  3  4 which has been depreciated in accordance with generally
  3  5 accepted accounting principles, and the cost of improvements
  3  6 made to real property which is used in the operation of the
  3  7 eligible business and which receives a partial property tax
  3  8 exemption for the actual value added under section 15.332.
  3  9    For purposes of this section, the purchase price of real
  3 10 property and any buildings and structures located on the real
  3 11 property is considered a new investment in the location or
  3 12 expansion of an eligible business.  However, if within five
  3 13 years of purchase, the eligible business sells, disposes of,
  3 14 razes, or otherwise renders unusable all or a part of the
  3 15 land, buildings, or other existing structures for which an
  3 16 insurance premium tax credit was claimed under this section,
  3 17 the insurance premium tax liability of the eligible business
  3 18 for the year in which all or part of the property is sold,
  3 19 disposed of, razed, or otherwise rendered unusable shall be
  3 20 increased by one of the following amounts:
  3 21    a.  One hundred percent of the tax credit claimed under
  3 22 this section if the property ceases to be eligible for the tax
  3 23 credit within one year after being placed in service.
  3 24    b.  Eighty percent of the tax credit claimed under this
  3 25 section if the property ceases to be eligible for the tax
  3 26 credit within two years after being placed in service.
  3 27    c.  Sixty percent of the tax credit claimed under this
  3 28 section if the property ceases to be eligible for the tax
  3 29 credit within three years after being placed in service.
  3 30    d.  Forty percent of the tax credit claimed under this
  3 31 section if the property ceases to be eligible for the tax
  3 32 credit within four years after being placed in service.
  3 33    e.  Twenty percent of the tax credit claimed under this
  3 34 section if the property ceases to be eligible for the tax
  3 35 credit within five years after being placed in service.
  4  1    Sec. 3.  Section 15E.192, Code 1999, is amended by adding
  4  2 the following new subsection:
  4  3    NEW SUBSECTION.  2A.  a.  A county may designate an
  4  4 enterprise zone within an area located in one or more
  4  5 contiguous census tracts or other geographic units of the
  4  6 county that meets at least two of the following distress
  4  7 criteria:
  4  8    (1)  The area has a per capita income of nine thousand six
  4  9 hundred dollars or less based according to the 1990 census.
  4 10    (2)  The area has a family poverty rate of twelve percent
  4 11 or more according to the 1990 census.
  4 12    (3)  Ten percent or more of the housing units in the area
  4 13 are vacant.
  4 14    (4)  The valuations of each class of property in the
  4 15 designated area of the census tract is seventy-five percent or
  4 16 less of the countywide average for that classification based
  4 17 upon the most recent valuations for property tax purposes.
  4 18    (5)  The area is a blighted area, as defined in section
  4 19 403.17.
  4 20    b.  The department shall not approve more than five
  4 21 enterprise zones designated under this subsection prior to
  4 22 July 1, 2001.
  4 23    Sec. 4.  Section 15E.192, subsection 3, Code 1999, is
  4 24 amended to read as follows:
  4 25    3.  A county or city may apply to the department for an
  4 26 area to be certified as an enterprise zone at any time prior
  4 27 to July 1, 2000 2003.  However, the total amount of land
  4 28 designated as enterprise zones under subsections 1 and 2 shall
  4 29 not exceed in the aggregate one percent of the total county
  4 30 area.
  4 31    Sec. 5.  Section 15E.193B, subsection 2, Code 1999, is
  4 32 amended to read as follows:
  4 33    2.  An eligible housing business under this section
  4 34 includes a housing developer, or housing contractor, or
  4 35 nonprofit organization that builds or rehabilitates a minimum
  5  1 of four single-family homes with a value, after completion of
  5  2 the building or rehabilitation, not exceeding one hundred
  5  3 twenty thousand dollars for each home located in that part of
  5  4 a city or county in which there is a designated enterprise
  5  5 zone or one multiple dwelling unit building containing three
  5  6 or more individual dwelling units with a total value per unit,
  5  7 after completion of the building or rehabilitation, not
  5  8 exceeding one hundred twenty thousand dollars located in that
  5  9 part of a city or county in which there is a designated
  5 10 enterprise zone.
  5 11    Sec. 6.  Section 15E.193B, subsection 5, Code 1999, is
  5 12 amended by adding the following new paragraph:
  5 13    NEW PARAGRAPH.  e.  Information showing the total costs and
  5 14 sources of project financing that will be utilized for the new
  5 15 investment directly related to housing for which the business
  5 16 is seeking approval for a tax credit provided in subsection 6,
  5 17 paragraph "a".
  5 18    Sec. 7.  Section 15E.193B, subsection 6, paragraph a, Code
  5 19 1999, is amended to read as follows:
  5 20    a.  An eligible housing business may claim an income a tax
  5 21 credit up to a maximum of ten percent of the new investment
  5 22 which is directly related to the building or rehabilitating of
  5 23 a minimum of four single-family homes located in that part of
  5 24 a city or county in which there is a designated enterprise
  5 25 zone or one multiple dwelling unit building containing three
  5 26 or more individual dwelling units located in that part of a
  5 27 city or county in which there is a designated enterprise zone.
  5 28 The tax credit may be used to reduce the tax liability imposed
  5 29 under chapter 422, division II, III, or V.  Any credit in
  5 30 excess of the tax liability for the tax year may be credited
  5 31 to the tax liability for the following seven years or until
  5 32 depleted, whichever occurs earlier.  If the business is a
  5 33 partnership, subchapter S corporation, limited liability
  5 34 company, or estate or trust electing to have the income taxed
  5 35 directly to the individual, an individual may claim the tax
  6  1 credit allowed.  The amount claimed by the individual shall be
  6  2 based upon the pro rata share of the individual's earnings of
  6  3 the partnership, subchapter S corporation, limited liability
  6  4 company, or estate or trust.
  6  5    Sec. 8.  Section 15E.193B, Code 1999, is amended by adding
  6  6 the following new subsection:
  6  7    NEW SUBSECTION.  9.  The amount of the tax credits
  6  8 determined pursuant to section 15E.193B, subsection 6,
  6  9 paragraph "a", for each project shall be approved by the
  6 10 department of economic development.  The department shall
  6 11 utilize the financial information required to be provided
  6 12 under section 15E.193B, subsection 5, paragraph "e", to
  6 13 determine the tax credits allowed for each project.  In
  6 14 determining the amount of tax credits to be allowed for a
  6 15 project, the department shall not include the portion of the
  6 16 project cost financed through federal, state, and local
  6 17 government tax credits, grants, and forgivable loans.
  6 18    Sec. 9.  Section 15E.194, Code 1999, is amended by adding
  6 19 the following new subsection:
  6 20    NEW SUBSECTION.  4.  A city of any size or any county may
  6 21 designate an enterprise zone at any time prior to July 1,
  6 22 2010, when a business closure occurs involving the loss of
  6 23 full-time employees, not including retail employees, at one
  6 24 place of business totaling at least one thousand employees or
  6 25 four percent or more of the county's resident labor force
  6 26 based on the most recent annual resident labor force
  6 27 statistics from the department of workforce development,
  6 28 whichever is lower.  The enterprise zone may be established on
  6 29 the property of the place of business that has closed and the
  6 30 enterprise zone may include an area up to an additional one
  6 31 mile adjacent to the property.  The area meeting the
  6 32 requirements for enterprise zone eligibility under this
  6 33 subsection shall not be included for the purpose of
  6 34 determining the area limitation pursuant to section 15E.192,
  6 35 subsection 3.
  7  1    Sec. 10.  EFFECTIVE AND APPLICABILITY DATES.  This Act,
  7  2 being deemed of immediate importance, takes effect upon
  7  3 enactment.  Sections 5, 6, and 7 of this Act apply
  7  4 retroactively to January 1, 2000, for tax years beginning on
  7  5 or after that date.  Section 1 of this Act takes effect July
  7  6 1, 2001, and applies to tax years beginning on or after that
  7  7 date.  
  7  8 
  7  9 
  7 10                                                             
  7 11                               BRENT SIEGRIST
  7 12                               Speaker of the House
  7 13 
  7 14 
  7 15                                                             
  7 16                               MARY E. KRAMER
  7 17                               President of the Senate
  7 18 
  7 19    I hereby certify that this bill originated in the House and
  7 20 is known as House File 2540, Seventy-eighth General Assembly.
  7 21 
  7 22 
  7 23                                                             
  7 24                               ELIZABETH ISAACSON
  7 25                               Chief Clerk of the House
  7 26 Approved                , 2000
  7 27 
  7 28 
  7 29                            
  7 30 THOMAS J. VILSACK
  7 31 Governor
     

Text: HF02539                           Text: HF02541
Text: HF02500 - HF02599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home index


© 2000 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 Oct 4 03:35:01 CDT 2000
URL: /DOCS/GA/78GA/Legislation/HF/02500/HF02540/000425.html
jhf