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House Study Bill 25

Bill Text

PAG LIN
  1  1    Section 1.  Section 15.335, unnumbered paragraph 1, Code
  1  2 1999, is amended to read as follows:
  1  3    An eligible business may claim a corporate tax credit for
  1  4 increasing research activities in this state during the period
  1  5 the eligible business is participating in the program.  The
  1  6 credit equals six and one-half percent of the state's
  1  7 apportioned share of the qualifying expenditures for
  1  8 increasing research activities.  The state's apportioned share
  1  9 of the qualifying expenditures for increasing research
  1 10 activities is a percent equal to the ratio of qualified
  1 11 research expenditures in this state to total qualified
  1 12 research expenditures.  The credit allowed in this section is
  1 13 in addition to the credit authorized in section 422.33,
  1 14 subsection 5.  If the eligible business is a partnership,
  1 15 subchapter S corporation, limited liability company, or estate
  1 16 or trust electing to have the income taxed directly to the
  1 17 individual, an individual may claim the tax credit allowed.
  1 18 The amount claimed by the individual shall be based upon the
  1 19 pro rata share of the individual's earnings of the
  1 20 partnership, subchapter S corporation, limited liability
  1 21 company, or estate or trust.  For purposes of this section,
  1 22 "qualifying expenditures for increasing research activities"
  1 23 means the qualifying expenditures as defined for the federal
  1 24 credit for increasing research activities which would be
  1 25 allowable under section 41 of the Internal Revenue Code in
  1 26 effect on January 1, 1998 1999.
  1 27    Sec. 2.  Section 15A.9, subsection 8, unnumbered paragraph
  1 28 2, Code 1999, is amended to read as follows:
  1 29    For the purposes of this section, "qualifying expenditures
  1 30 for increasing research activities" means the qualifying
  1 31 expenditures as defined for the federal credit for increasing
  1 32 research activities which would be allowable under section 41
  1 33 of the Internal Revenue Code in effect on January 1, 1998
  1 34 1999.  The credit authorized in this subsection is in lieu of
  1 35 the credit authorized in section 422.33, subsection 5.
  2  1    Sec. 3.  Section 422.3, subsection 4, Code 1999, is amended
  2  2 to read as follows:
  2  3    4.  "Internal Revenue Code" means the Internal Revenue Code
  2  4 of 1954, prior to the date of its redesignation as the
  2  5 Internal Revenue Code of 1986 by the Tax Reform Act of 1986,
  2  6 or means the Internal Revenue Code of 1986 as amended to and
  2  7 including January 1, 1998 1999, whichever is applicable.
  2  8    Sec. 4.  Section 422.6, unnumbered paragraph 1, Code 1999,
  2  9 is amended to read as follows:
  2 10    The tax imposed by section 422.5 less the credits allowed
  2 11 under sections 15.333, 15.335, 15E.193A, 422.10, 422.11,
  2 12 422.11A, and 422.11B, and the personal exemption credit
  2 13 allowed under section 422.12 apply to and are a charge against
  2 14 estates and trusts with respect to their taxable income, and
  2 15 the rates are the same as those applicable to individuals.
  2 16 The fiduciary shall make the return of income for the estate
  2 17 or trust for which the fiduciary acts, whether the income is
  2 18 taxable to the estate or trust or to the beneficiaries.
  2 19 However, for tax years ending after August 5, 1997, if the
  2 20 trust is a qualified preneed funeral trust as set forth in
  2 21 section 685 of the Internal Revenue Code and the trustee has
  2 22 elected the special tax treatment under section 685 of the
  2 23 Internal Revenue Code, neither the trust nor the beneficiary
  2 24 is subject to Iowa income tax on income accruing to the trust.
  2 25    Sec. 5.  Section 422.9, subsection 3, paragraph b, Code
  2 26 1999, is amended to read as follow:
  2 27    b.  The Iowa net operating loss remaining after being
  2 28 carried back as required in paragraph "a" of this subsection
  2 29 or "d" or if not required to be carried back shall be carried
  2 30 forward twenty taxable years.
  2 31    Sec. 6.  Section 422.9, subsection 3, Code 1999, is amended
  2 32 by adding the following new paragraph:
  2 33    NEW PARAGRAPH.  d.  Notwithstanding paragraph "a", for a
  2 34 taxpayer who is engaged in the trade or business of farming as
  2 35 defined in section 263A(e)(4) of the Internal Revenue Code and
  3  1 has a loss from farming as defined in section 172(b)(1)(F) of
  3  2 the Internal Revenue Code including modifications prescribed
  3  3 by rule by the director, the Iowa loss from the trade or
  3  4 business of farming is a net operating loss which may be
  3  5 carried back five taxable years prior to the taxable year of
  3  6 the loss.
  3  7    Sec. 7.  Section 422.10, unnumbered paragraph 1, Code 1999,
  3  8 is amended to read as follows:
  3  9    The taxes imposed under this division shall be reduced by a
  3 10 state tax credit for increasing research activities in this
  3 11 state.  For individuals, the credit equals six and one-half
  3 12 percent of the state's apportioned share of the qualifying
  3 13 expenditures for increasing research activities.  The state's
  3 14 apportioned share of the qualifying expenditures for
  3 15 increasing research activities is a percent equal to the ratio
  3 16 of qualified research expenditures in this state to total
  3 17 qualified research expenditures.  For purposes of this
  3 18 section, an individual may claim a research credit for
  3 19 qualifying research expenditures incurred by a partnership,
  3 20 subchapter S corporation, estate, or trust electing to have
  3 21 the income taxed directly to the individual.  The amount
  3 22 claimed by the individual shall be based upon the pro rata
  3 23 share of the individual's earnings of a partnership,
  3 24 subchapter S corporation, estate, or trust.  For purposes of
  3 25 this section, "qualifying expenditures for increasing research
  3 26 activities" means the qualifying expenditures as defined for
  3 27 the federal credit for increasing research activities which
  3 28 would be allowable under section 41 of the Internal Revenue
  3 29 Code in effect on January 1, 1998 1999.
  3 30    Sec. 8.  Section 422.33, subsection 5, unnumbered paragraph
  3 31 1, Code 1999, is amended to read as follows:
  3 32    The taxes imposed under this division shall be reduced by a
  3 33 state tax credit for increasing research activities in this
  3 34 state equal to six and one-half percent of the state's
  3 35 apportioned share of the qualifying expenditures for
  4  1 increasing research activities.  The state's apportioned share
  4  2 of the qualifying expenditures for increasing research
  4  3 activities is a percent equal to the ratio of qualified
  4  4 research expenditures in this state to the total qualified
  4  5 research expenditures.  For purposes of this subsection,
  4  6 "qualifying expenditures for increasing research activities"
  4  7 means the qualifying expenditures as defined for the federal
  4  8 credit for increasing research activities which would be
  4  9 allowable under section 41 of the Internal Revenue Code in
  4 10 effect on January 1, 1998 1999.
  4 11    Sec. 9.  Section 422.35, subsection 11, paragraph b, Code
  4 12 1999, is amended to read as follows:
  4 13    b.  The Iowa net operating loss remaining after being
  4 14 carried back as required in paragraph "a" of this subsection
  4 15 or "f" or if not required to be carried back shall be carried
  4 16 forward twenty taxable years.
  4 17    Sec. 10.  Section 422.35, subsection 11, Code 1999, is
  4 18 amended by adding the following new paragraph:
  4 19    NEW PARAGRAPH.  f.  Notwithstanding paragraph "a", for a
  4 20 taxpayer who is engaged in the trade or business of farming as
  4 21 defined in section 263A(e)(4) of the Internal Revenue Code and
  4 22 has a loss from farming as defined in section 172(b)(1)(F) of
  4 23 the Internal Revenue Code including modifications prescribed
  4 24 by rule by the director, the Iowa loss from the trade or
  4 25 business of farming is a net operating loss which may be
  4 26 carried back five taxable years prior to the taxable year of
  4 27 the loss.
  4 28    Sec. 11.  This Act applies retroactively to January 1,
  4 29 1998, for tax years beginning on or after that date.
  4 30    Sec. 12.  This Act, being deemed of immediate importance,
  4 31 takes effect upon enactment.  
  4 32                           EXPLANATION
  4 33    This bill updates the references to the Internal Revenue
  4 34 Code to make the federal income tax revisions enacted by
  4 35 Congress in 1998 applicable for Iowa income tax purposes.
  5  1    Iowa Code sections 15.335, 15A.9, 422.10, and 422.33 are
  5  2 amended to update the Iowa Code references to the state
  5  3 research activities credit for individuals, corporations,
  5  4 corporations in economic development areas, and corporations
  5  5 in quality jobs enterprise zones to include the 1998 changes
  5  6 to the federal research activities credit.
  5  7    Iowa Code section 422.3 is amended to update the reference
  5  8 in the Iowa Code to January 1, 1999, to include the federal
  5  9 income tax revisions made by Congress in the 1998 calendar
  5 10 year, making those revisions applicable for Iowa income tax
  5 11 purposes.
  5 12    Iowa Code section 422.6 is amended to allow estates and
  5 13 trusts to take the same credits against computed tax as
  5 14 individuals.
  5 15    Iowa Code sections 422.9 and 422.35 are amended to extend
  5 16 the net operating loss carryback period to five years for net
  5 17 operating losses from farming businesses arising in taxable
  5 18 years beginning after December 31, 1997.
  5 19    The bill applies retroactively to January 1, 1998, for tax
  5 20 years beginning on or after that date.
  5 21    The bill takes effect upon enactment.  
  5 22 LSB 1153DP 78
  5 23 sc/jw/5.1
     

Text: HSB00024                          Text: HSB00026
Text: HSB00000 - HSB00099               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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