Text: SF00229                           Text: SF00231
Text: SF00200 - SF00299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index



Senate File 230

Partial Bill History

Bill Text

PAG LIN
  1  1                                    SENATE FILE 230     
  1  2 
  1  3                             AN ACT
  1  4 UPDATING THE IOWA CODE REFERENCES TO THE INTERNAL REVENUE
  1  5    CODE, EXTENDING THE LOSS CARRYBACK PERIOD FOR FARM NET
  1  6    OPERATING LOSSES, PROVIDING CERTAIN TAX CREDITS TO ESTATES
  1  7    AND TRUSTS, PROVIDING A FRANCHISE TAX CREDIT TO CERTAIN
  1  8    TAXPAYERS, AND PROVIDING AN EFFECTIVE DATE AND A RETROACTIVE
  1  9    APPLICABILITY DATE.  
  1 10 
  1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 12 
  1 13    Section 1.  Section 15.335, unnumbered paragraph 1, Code
  1 14 1999, is amended to read as follows:
  1 15    An eligible business may claim a corporate tax credit for
  1 16 increasing research activities in this state during the period
  1 17 the eligible business is participating in the program.  The
  1 18 credit equals six and one-half percent of the state's
  1 19 apportioned share of the qualifying expenditures for
  1 20 increasing research activities.  The state's apportioned share
  1 21 of the qualifying expenditures for increasing research
  1 22 activities is a percent equal to the ratio of qualified
  1 23 research expenditures in this state to total qualified
  1 24 research expenditures.  The credit allowed in this section is
  1 25 in addition to the credit authorized in section 422.33,
  1 26 subsection 5.  If the eligible business is a partnership,
  1 27 subchapter S corporation, limited liability company, or estate
  1 28 or trust electing to have the income taxed directly to the
  1 29 individual, an individual may claim the tax credit allowed.
  1 30 The amount claimed by the individual shall be based upon the
  1 31 pro rata share of the individual's earnings of the
  1 32 partnership, subchapter S corporation, limited liability
  1 33 company, or estate or trust.  For purposes of this section,
  1 34 "qualifying expenditures for increasing research activities"
  1 35 means the qualifying expenditures as defined for the federal
  2  1 credit for increasing research activities which would be
  2  2 allowable under section 41 of the Internal Revenue Code in
  2  3 effect on January 1, 1998 1999.
  2  4    Sec. 2.  Section 15A.9, subsection 8, unnumbered paragraph
  2  5 2, Code 1999, is amended to read as follows:
  2  6    For the purposes of this section, "qualifying expenditures
  2  7 for increasing research activities" means the qualifying
  2  8 expenditures as defined for the federal credit for increasing
  2  9 research activities which would be allowable under section 41
  2 10 of the Internal Revenue Code in effect on January 1, 1998
  2 11 1999.  The credit authorized in this subsection is in lieu of
  2 12 the credit authorized in section 422.33, subsection 5.
  2 13    Sec. 3.  Section 422.3, subsection 4, Code 1999, is amended
  2 14 to read as follows:
  2 15    4.  "Internal Revenue Code" means the Internal Revenue Code
  2 16 of 1954, prior to the date of its redesignation as the
  2 17 Internal Revenue Code of 1986 by the Tax Reform Act of 1986,
  2 18 or means the Internal Revenue Code of 1986 as amended to and
  2 19 including January 1, 1998 1999, whichever is applicable.
  2 20    Sec. 4.  Section 422.6, unnumbered paragraph 1, Code 1999,
  2 21 is amended to read as follows:
  2 22    The tax imposed by section 422.5 less the credits allowed
  2 23 under sections 15.333, 15.335, 15E.193A, 422.10, 422.11,
  2 24 422.11A, and 422.11B, and the personal exemption credit
  2 25 allowed under section 422.12 apply to and are a charge against
  2 26 estates and trusts with respect to their taxable income, and
  2 27 the rates are the same as those applicable to individuals.
  2 28 The fiduciary shall make the return of income for the estate
  2 29 or trust for which the fiduciary acts, whether the income is
  2 30 taxable to the estate or trust or to the beneficiaries.
  2 31 However, for tax years ending after August 5, 1997, if the
  2 32 trust is a qualified preneed funeral trust as set forth in
  2 33 section 685 of the Internal Revenue Code and the trustee has
  2 34 elected the special tax treatment under section 685 of the
  2 35 Internal Revenue Code, neither the trust nor the beneficiary
  3  1 is subject to Iowa income tax on income accruing to the trust.
  3  2    Sec. 5.  Section 422.9, subsection 3, paragraph b, Code
  3  3 1999, is amended to read as follows:
  3  4    b.  The Iowa net operating loss remaining after being
  3  5 carried back as required in paragraph "a" of this subsection
  3  6 or "d" or if not required to be carried back shall be carried
  3  7 forward twenty taxable years.
  3  8    Sec. 6.  Section 422.9, subsection 3, Code 1999, is amended
  3  9 by adding the following new paragraph:
  3 10    NEW PARAGRAPH.  d.  Notwithstanding paragraph "a", for a
  3 11 taxpayer who is engaged in the trade or business of farming as
  3 12 defined in section 263A(e)(4) of the Internal Revenue Code and
  3 13 has a loss from farming as defined in section 172(b)(1)(F) of
  3 14 the Internal Revenue Code including modifications prescribed
  3 15 by rule by the director, the Iowa loss from the trade or
  3 16 business of farming is a net operating loss which may be
  3 17 carried back five taxable years prior to the taxable year of
  3 18 the loss.
  3 19    Sec. 7.  Section 422.10, unnumbered paragraph 1, Code 1999,
  3 20 is amended to read as follows:
  3 21    The taxes imposed under this division shall be reduced by a
  3 22 state tax credit for increasing research activities in this
  3 23 state.  For individuals, the credit equals six and one-half
  3 24 percent of the state's apportioned share of the qualifying
  3 25 expenditures for increasing research activities.  The state's
  3 26 apportioned share of the qualifying expenditures for
  3 27 increasing research activities is a percent equal to the ratio
  3 28 of qualified research expenditures in this state to total
  3 29 qualified research expenditures.  For purposes of this
  3 30 section, an individual may claim a research credit for
  3 31 qualifying research expenditures incurred by a partnership,
  3 32 subchapter S corporation, estate, or trust electing to have
  3 33 the income taxed directly to the individual.  The amount
  3 34 claimed by the individual shall be based upon the pro rata
  3 35 share of the individual's earnings of a partnership,
  4  1 subchapter S corporation, estate, or trust.  For purposes of
  4  2 this section, "qualifying expenditures for increasing research
  4  3 activities" means the qualifying expenditures as defined for
  4  4 the federal credit for increasing research activities which
  4  5 would be allowable under section 41 of the Internal Revenue
  4  6 Code in effect on January 1, 1998 1999.
  4  7    Sec. 8.  Section 422.33, subsection 5, unnumbered paragraph
  4  8 1, Code 1999, is amended to read as follows:
  4  9    The taxes imposed under this division shall be reduced by a
  4 10 state tax credit for increasing research activities in this
  4 11 state equal to six and one-half percent of the state's
  4 12 apportioned share of the qualifying expenditures for
  4 13 increasing research activities.  The state's apportioned share
  4 14 of the qualifying expenditures for increasing research
  4 15 activities is a percent equal to the ratio of qualified
  4 16 research expenditures in this state to the total qualified
  4 17 research expenditures.  For purposes of this subsection,
  4 18 "qualifying expenditures for increasing research activities"
  4 19 means the qualifying expenditures as defined for the federal
  4 20 credit for increasing research activities which would be
  4 21 allowable under section 41 of the Internal Revenue Code in
  4 22 effect on January 1, 1998 1999.
  4 23    Sec. 9.  Section 422.33, Code 1999, is amended by adding
  4 24 the following new subsection:
  4 25    NEW SUBSECTION.  9.  The taxes imposed under this division
  4 26 shall be reduced by a franchise tax credit.  A taxpayer who is
  4 27 a shareholder in a financial institution, as defined in
  4 28 section 581 of the Internal Revenue Code, which has in effect
  4 29 for the tax year an election under subchapter S of the
  4 30 Internal Revenue Code shall compute the amount of the tax
  4 31 credit by recomputing the amount of tax under this division by
  4 32 reducing the taxable income of the taxpayer by the taxpayer's
  4 33 pro rata share of the items of income and expense of the
  4 34 financial institution.  This recomputed tax shall be
  4 35 subtracted from the tax computed under this division and the
  5  1 resulting amount, which shall not exceed the taxpayer's pro
  5  2 rata share of franchise tax paid by the financial institution,
  5  3 is the amount of the franchise tax credit allowed.
  5  4    Sec. 10.  Section 422.35, subsection 11, paragraph b, Code
  5  5 1999, is amended to read as follows:
  5  6    b.  The Iowa net operating loss remaining after being
  5  7 carried back as required in paragraph "a" of this subsection
  5  8 or "f" or if not required to be carried back shall be carried
  5  9 forward twenty taxable years.
  5 10    Sec. 11.  Section 422.35, subsection 11, Code 1999, is
  5 11 amended by adding the following new paragraph:
  5 12    NEW PARAGRAPH.  f.  Notwithstanding paragraph "a", for a
  5 13 taxpayer who is engaged in the trade or business of farming as
  5 14 defined in section 263A(e)(4) of the Internal Revenue Code and
  5 15 has a loss from farming as defined in section 172(b)(1)(F) of
  5 16 the Internal Revenue Code including modifications prescribed
  5 17 by rule by the director, the Iowa loss from the trade or
  5 18 business of farming is a net operating loss which may be
  5 19 carried back five taxable years prior to the taxable year of
  5 20 the loss.
  5 21    Sec. 12.  This Act applies retroactively to January 1,
  5 22 1998, for tax years beginning on or after that date.
  5 23    Sec. 13.  This Act, being deemed of immediate importance,
  5 24 takes effect upon enactment.  
  5 25 
  5 26 
  5 27                                                             
  5 28                               MARY E. KRAMER
  5 29                               President of the Senate
  5 30 
  5 31 
  5 32                                                             
  5 33                               RON J. CORBETT
  5 34                               Speaker of the House
  5 35 
  6  1    I hereby certify that this bill originated in the Senate and
  6  2 is known as Senate File 230, Seventy-eighth General Assembly.
  6  3 
  6  4 
  6  5                                                             
  6  6                               MICHAEL E. MARSHALL
  6  7                               Secretary of the Senate
  6  8 Approved                , 1999
  6  9 
  6 10 
  6 11                               
  6 12 THOMAS J. VILSACK
  6 13 Governor
     

Text: SF00229                           Text: SF00231
Text: SF00200 - SF00299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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