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Senate File 286

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 15.333, Code 1999, is amended to read
  1  2 as follows:
  1  3    15.333  INVESTMENT TAX CREDIT.
  1  4    1.  An eligible business may claim a corporate tax credit
  1  5 up to a maximum of ten percent of the new investment which is
  1  6 directly related to new jobs created by the location or
  1  7 expansion of an eligible business under the program.  Any
  1  8 credit in excess of the tax liability for the tax year may be
  1  9 credited to the tax liability for the following seven years or
  1 10 until depleted, whichever occurs earlier.  If the business is
  1 11 a partnership, subchapter S corporation, limited liability
  1 12 company, or estate or trust electing to have the income taxed
  1 13 directly to the individual, an individual may claim the tax
  1 14 credit allowed.  The amount claimed by the individual shall be
  1 15 based upon the pro rata share of the individual's earnings of
  1 16 the partnership, subchapter S corporation, limited liability
  1 17 company, or estate or trust.  For purposes of this section,
  1 18 "new investment directly related to new jobs created by the
  1 19 location or expansion of an eligible business under the
  1 20 program" means the cost of machinery and equipment, as defined
  1 21 in section 427A.1, subsection 1, paragraphs "e" and "j",
  1 22 purchased for use in the operation of the eligible business,
  1 23 the purchase price of which has been depreciated in accordance
  1 24 with generally accepted accounting principles, and the cost of
  1 25 improvements made to real property which is used in the
  1 26 operation of the eligible business and which receives a
  1 27 partial property tax exemption for the actual value added
  1 28 under section 15.332.
  1 29    2.  For purposes of this section, the purchase price of
  1 30 real property and any buildings and structures located on the
  1 31 real property will be considered a new investment in the
  1 32 location or expansion of an eligible business.  However, if
  1 33 within five years of purchase, the eligible business sells,
  1 34 disposes of, razes, or otherwise renders unusable the land,
  1 35 buildings, or other existing structures for which tax credit
  2  1 was claimed under this section, the income tax liability of
  2  2 the eligible business for the year in which the property is
  2  3 sold, disposed of, razed, or otherwise rendered unusable shall
  2  4 be increased by one of the following amounts:
  2  5    a.  One hundred percent of the tax credit claimed under
  2  6 this section if the property ceases to be eligible for the tax
  2  7 credit within one full year after being placed in service.
  2  8    b.  Eighty percent of the tax credit claimed under this
  2  9 section if the property ceases to be eligible for the tax
  2 10 credit within two full years after being placed in service.
  2 11    c.  Sixty percent of the tax credit claimed under this
  2 12 section if the property ceases to be eligible for the tax
  2 13 credit within three full years after being placed in service.
  2 14    d.  Forty percent of the tax credit claimed under this
  2 15 section if the property ceases to be eligible for the tax
  2 16 credit within four full years after being placed in service.
  2 17    e.  Twenty percent of the tax credit claimed under this
  2 18 section if the property ceases to be eligible for the tax
  2 19 credit within five full years after being placed in service.  
  2 20                           EXPLANATION 
  2 21    This bill amends Code section 15.333 regarding the new
  2 22 investment tax credit under the new jobs and income program.
  2 23 Under the Code section, a business is allowed to claim a tax
  2 24 credit of up to a maximum of 10 percent of the new investment
  2 25 which is directly related to new jobs created by the location
  2 26 or expansion of an eligible business under the program.  The
  2 27 bill defines new investment to include the purchase price of
  2 28 real property and any buildings and structures located on the
  2 29 real property.  The bill provides that if within five years of
  2 30 purchase the eligible business sells, disposes of, razes, or
  2 31 otherwise renders unusable the land, buildings, or other
  2 32 structures for which an investment tax credit was claimed, the
  2 33 income tax liability of the eligible business shall be
  2 34 increased by a varying percentage of the investment tax credit
  2 35 claimed.  
  3  1 LSB 1321SV 78
  3  2 tm/gg/8
     

Text: SF00285                           Text: SF00287
Text: SF00200 - SF00299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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