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Senate File 2424

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 2424
  1  2 
  1  3                             AN ACT 
  1  4 UPDATING THE IOWA CODE REFERENCES TO THE INTERNAL REVENUE
  1  5    CODE, AMENDING THE EARNED INCOME CREDIT, AMENDING
  1  6    REQUIREMENTS FOR NONRESIDENT TAXPAYERS, PROVIDING TAX
  1  7    BENEFITS TO MILITARY PERSONNEL IN HAZARDOUS DUTY AREAS,
  1  8    AND PROVIDING EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.
  1  9 
  1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 11 
  1 12    Section 1.  Section 15.335, unnumbered paragraph 1, Code
  1 13 Supplement 1999, is amended to read as follows:
  1 14    An eligible business may claim a corporate tax credit for
  1 15 increasing research activities in this state during the period
  1 16 the eligible business is participating in the program.  The
  1 17 credit equals six and one-half percent of the state's
  1 18 apportioned share of the qualifying expenditures for
  1 19 increasing research activities.  The state's apportioned share
  1 20 of the qualifying expenditures for increasing research
  1 21 activities is a percent equal to the ratio of qualified
  1 22 research expenditures in this state to total qualified
  1 23 research expenditures.  The credit allowed in this section is
  1 24 in addition to the credit authorized in section 422.33,
  1 25 subsection 5.  If the eligible 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 "qualifying expenditures for increasing research activities"
  1 34 means the qualifying expenditures as defined for the federal
  1 35 credit for increasing research activities which would be
  2  1 allowable under section 41 of the Internal Revenue Code in
  2  2 effect on January 1, 1999 2000.
  2  3    Sec. 2.  Section 15A.9, subsection 8, unnumbered paragraph
  2  4 2, Code Supplement 1999, is amended to read as follows:
  2  5    For the purposes of this section, "qualifying expenditures
  2  6 for increasing research activities" means the qualifying
  2  7 expenditures as defined for the federal credit for increasing
  2  8 research activities which would be allowable under section 41
  2  9 of the Internal Revenue Code in effect on January 1, 1999
  2 10 2000.  The credit authorized in this subsection is in lieu of
  2 11 the credit authorized in section 422.33, subsection 5.
  2 12    Sec. 3.  Section 422.3, subsection 4, Code Supplement 1999,
  2 13 is amended to read as follows:
  2 14    4.  "Internal Revenue Code" means the Internal Revenue Code
  2 15 of 1954, prior to the date of its redesignation as the
  2 16 Internal Revenue Code of 1986 by the Tax Reform Act of 1986,
  2 17 or means the Internal Revenue Code of 1986 as amended to and
  2 18 including January 1, 1999 2000, whichever is applicable.
  2 19    Sec. 4.  Section 422.10, unnumbered paragraph 1, Code
  2 20 Supplement 1999, is amended to read as follows:
  2 21    The taxes imposed under this division shall be reduced by a
  2 22 state tax credit for increasing research activities in this
  2 23 state.  For individuals, the credit equals six and one-half
  2 24 percent of the state's apportioned share of the qualifying
  2 25 expenditures for increasing research activities.  The state's
  2 26 apportioned share of the qualifying expenditures for
  2 27 increasing research activities is a percent equal to the ratio
  2 28 of qualified research expenditures in this state to total
  2 29 qualified research expenditures.  For purposes of this
  2 30 section, an individual may claim a research credit for
  2 31 qualifying research expenditures incurred by a partnership,
  2 32 subchapter S corporation, estate, or trust electing to have
  2 33 the income taxed directly to the individual.  The amount
  2 34 claimed by the individual shall be based upon the pro rata
  2 35 share of the individual's earnings of a partnership,
  3  1 subchapter S corporation, estate, or trust.  For purposes of
  3  2 this section, "qualifying expenditures for increasing research
  3  3 activities" means the qualifying expenditures as defined for
  3  4 the federal credit for increasing research activities which
  3  5 would be allowable under section 41 of the Internal Revenue
  3  6 Code in effect on January 1, 1999 2000.
  3  7    Sec. 5.  Section 422.12B, subsection 1, Code 1999, is
  3  8 amended to read as follows:
  3  9    1.  The taxes imposed under this division less the credits
  3 10 allowed under section 422.12 shall be reduced by an earned
  3 11 income credit equal to six and one-half percent of the federal
  3 12 basic earned income credit and the health insurance credit
  3 13 provided in section 32 of the Internal Revenue Code.  Any
  3 14 credit in excess of the tax liability is nonrefundable.
  3 15    Sec. 6.  Section 422.13, subsection 1, paragraph c, Code
  3 16 Supplement 1999, is amended to read as follows:
  3 17    c.  However, if that part of the net income of a
  3 18 nonresident which is allocated to Iowa pursuant to section
  3 19 422.8, subsection 2, is less than one thousand dollars the
  3 20 nonresident is not required to make and sign a return except
  3 21 when the nonresident is subject to the state alternative
  3 22 minimum tax imposed pursuant to section 422.5, subsection 1,
  3 23 paragraph "k".
  3 24    Sec. 7.  Section 422.21, unnumbered paragraph 2, Code
  3 25 Supplement 1999, is amended to read as follows:
  3 26    An individual in the armed forces of the United States
  3 27 serving in an area designated by the president of the United
  3 28 States or the United States Congress as a combat zone or as a
  3 29 qualified hazardous duty area, or an individual serving in
  3 30 support of those forces, is allowed the same additional time
  3 31 period after leaving the combat zone or the qualified
  3 32 hazardous duty area, or after a period of continuous
  3 33 hospitalization, to file a state income tax return or perform
  3 34 other acts related to the department, as would constitute
  3 35 timely filing of the return or timely performance of other
  4  1 acts described in section 7508(a) of the Internal Revenue
  4  2 Code.  For the purposes of this paragraph, "other acts related
  4  3 to the department" includes filing claims for refund for any
  4  4 tax administered by the department, making tax payments other
  4  5 than withholding payments, filing appeals on the tax matters,
  4  6 filing other tax returns, and performing other acts described
  4  7 in the department's rules.  The additional time period allowed
  4  8 applies to the spouse of the individual described in this
  4  9 paragraph to the extent the spouse files jointly or separately
  4 10 on the combined return form with the individual or when the
  4 11 spouse is a party with the individual to any matter for which
  4 12 the additional time period is allowed.  For the purposes of
  4 13 this paragraph, the Internal Revenue Code shall be interpreted
  4 14 to include the provisions of Pub. L. No. 102-2.
  4 15    Sec. 8.  Section 422.33, subsection 5, unnumbered paragraph
  4 16 1, Code Supplement 1999, is amended to read as follows:
  4 17    The taxes imposed under this division shall be reduced by a
  4 18 state tax credit for increasing research activities in this
  4 19 state equal to six and one-half percent of the state's
  4 20 apportioned share of the qualifying expenditures for
  4 21 increasing research activities.  The state's apportioned share
  4 22 of the qualifying expenditures for increasing research
  4 23 activities is a percent equal to the ratio of qualified
  4 24 research expenditures in this state to the total qualified
  4 25 research expenditures.  For purposes of this subsection,
  4 26 "qualifying expenditures for increasing research activities"
  4 27 means the qualifying expenditures as defined for the federal
  4 28 credit for increasing research activities which would be
  4 29 allowable under section 41 of the Internal Revenue Code in
  4 30 effect on January 1, 1999 2000.
  4 31    Sec. 9.  RETROACTIVE APPLICABILITY.  Sections 1 through 5,
  4 32 7, and 8 of this Act apply retroactively to January 1, 1999,
  4 33 for tax years beginning on or after that date.
  4 34    Sec. 10.  RETROACTIVE APPLICABILITY.  Section 6 of this Act
  4 35 applies retroactively to January 1, 2000, for tax years
  5  1 beginning on or after that date.
  5  2    Sec. 11.  EFFECTIVE DATE.  This Act, being deemed of
  5  3 immediate importance, takes effect upon enactment.  
  5  4 
  5  5 
  5  6                                                             
  5  7                               MARY E. KRAMER
  5  8                               President of the Senate
  5  9 
  5 10 
  5 11                                                             
  5 12                               BRENT SIEGRIST
  5 13                               Speaker of the House
  5 14 
  5 15    I hereby certify that this bill originated in the Senate and
  5 16 is known as Senate File    , Seventy-eighth General Assembly.
  5 17 
  5 18 
  5 19                                                             
  5 20                               MICHAEL E. MARSHALL
  5 21                               Secretary of the Senate
  5 22 Approved                , 2000
  5 23 
  5 24 
  5 25                                
  5 26 THOMAS J. VILSACK
  5 27 Governor
  5 28 
     

Text: SF02423                           Text: SF02425
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Bills and Amendments: General Index     Bill History: General Index

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