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Senate Study Bill 3036

Bill Text

PAG LIN
  1  1    Section 1.  Section 15.335, unnumbered paragraph 1, Code
  1  2 Supplement 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, 1999 2000.
  1 27    Sec. 2.  Section 15A.9, subsection 8, unnumbered paragraph
  1 28 2, Code Supplement 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, 1999
  1 34 2000.  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 Supplement 1999,
  2  2 is amended 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, 1999 2000, whichever is applicable.
  2  8    Sec. 4.  Section 422.10, unnumbered paragraph 1, Code
  2  9 Supplement 1999, is amended to read as follows:
  2 10    The taxes imposed under this division shall be reduced by a
  2 11 state tax credit for increasing research activities in this
  2 12 state.  For individuals, the credit equals six and one-half
  2 13 percent of the state's apportioned share of the qualifying
  2 14 expenditures for increasing research activities.  The state's
  2 15 apportioned share of the qualifying expenditures for
  2 16 increasing research activities is a percent equal to the ratio
  2 17 of qualified research expenditures in this state to total
  2 18 qualified research expenditures.  For purposes of this
  2 19 section, an individual may claim a research credit for
  2 20 qualifying research expenditures incurred by a partnership,
  2 21 subchapter S corporation, estate, or trust electing to have
  2 22 the income taxed directly to the individual.  The amount
  2 23 claimed by the individual shall be based upon the pro rata
  2 24 share of the individual's earnings of a partnership,
  2 25 subchapter S corporation, estate, or trust.  For purposes of
  2 26 this section, "qualifying expenditures for increasing research
  2 27 activities" means the qualifying expenditures as defined for
  2 28 the federal credit for increasing research activities which
  2 29 would be allowable under section 41 of the Internal Revenue
  2 30 Code in effect on January 1, 1999 2000.
  2 31    Sec. 5.  Section 422.12B, subsection 1, Code 1999, is
  2 32 amended to read as follows:
  2 33    1.  The taxes imposed under this division less the credits
  2 34 allowed under section 422.12 shall be reduced by an earned
  2 35 income credit equal to six and one-half percent of the federal
  3  1 basic earned income credit and the health insurance credit
  3  2 provided in section 32 of the Internal Revenue Code.  Any
  3  3 credit in excess of the tax liability is nonrefundable.
  3  4    Sec. 6.  Section 422.13, subsection 1, paragraph c, Code
  3  5 Supplement 1999, is amended to read as follows:
  3  6    c.  However, if that part of the net income of a
  3  7 nonresident which is allocated to Iowa pursuant to section
  3  8 422.8, subsection 2, is less than one thousand dollars the
  3  9 nonresident is not required to make and sign a return except
  3 10 when the nonresident is subject to the state alternative
  3 11 minimum tax imposed pursuant to section 422.5, subsection 1,
  3 12 paragraph "k".
  3 13    Sec. 7.  Section 422.21, unnumbered paragraph 2, Code
  3 14 Supplement 1999, is amended to read as follows:
  3 15    An individual in the armed forces of the United States
  3 16 serving in an area designated by the president of the United
  3 17 States or the United States Congress as a combat zone or as a
  3 18 qualified hazardous duty area, or an individual serving in
  3 19 support of those forces, is allowed the same additional time
  3 20 period after leaving the combat zone or the qualified
  3 21 hazardous duty area, or after a period of continuous
  3 22 hospitalization, to file a state income tax return or perform
  3 23 other acts related to the department, as would constitute
  3 24 timely filing of the return or timely performance of other
  3 25 acts described in section 7508(a) of the Internal Revenue
  3 26 Code.  For the purposes of this paragraph, "other acts related
  3 27 to the department" includes filing claims for refund for any
  3 28 tax administered by the department, making tax payments other
  3 29 than withholding payments, filing appeals on the tax matters,
  3 30 filing other tax returns, and performing other acts described
  3 31 in the department's rules.  The additional time period allowed
  3 32 applies to the spouse of the individual described in this
  3 33 paragraph to the extent the spouse files jointly or separately
  3 34 on the combined return form with the individual or when the
  3 35 spouse is a party with the individual to any matter for which
  4  1 the additional time period is allowed.  For the purposes of
  4  2 this paragraph, the Internal Revenue Code shall be interpreted
  4  3 to include the provisions of Pub. L. No. 102-2.
  4  4    Sec. 8.  Section 422.33, subsection 5, unnumbered paragraph
  4  5 1, Code Supplement 1999, is amended to read as follows:
  4  6    The taxes imposed under this division shall be reduced by a
  4  7 state tax credit for increasing research activities in this
  4  8 state equal to six and one-half percent of the state's
  4  9 apportioned share of the qualifying expenditures for
  4 10 increasing research activities.  The state's apportioned share
  4 11 of the qualifying expenditures for increasing research
  4 12 activities is a percent equal to the ratio of qualified
  4 13 research expenditures in this state to the total qualified
  4 14 research expenditures.  For purposes of this subsection,
  4 15 "qualifying expenditures for increasing research activities"
  4 16 means the qualifying expenditures as defined for the federal
  4 17 credit for increasing research activities which would be
  4 18 allowable under section 41 of the Internal Revenue Code in
  4 19 effect on January 1, 1999 2000.
  4 20    Sec. 9.  RETROACTIVE AND APPLICABILITY.  Sections 1 through
  4 21 5, 7, and 8 of this Act apply retroactively to January 1,
  4 22 1999, for tax years beginning on or after that date.
  4 23    Sec. 10.  RETROACTIVE AND APPLICABILITY.  Section 6 of this
  4 24 Act applies retroactively to January 1, 2000, for tax years
  4 25 beginning on or after that date.
  4 26    Sec. 11.  EFFECTIVE DATE.  This Act, being deemed of
  4 27 immediate importance, takes effect upon enactment.  
  4 28                           EXPLANATION
  4 29    This bill updates the references to the Internal Revenue
  4 30 Code to make the federal income tax revisions enacted by
  4 31 congress in 1999 applicable for Iowa income tax purposes.
  4 32    Code sections 15.335, 15A.9, 422.10, and 422.33 are amended
  4 33 to update the Iowa Code references to the state research
  4 34 activities credit for individuals, corporations, corporations
  4 35 in economic development areas, and corporations in quality
  5  1 jobs enterprise zones to include the 1999 federal changes in
  5  2 the research activities credit.
  5  3    Code section 422.3 is amended to update the reference in
  5  4 the Iowa Code to January 1, 2000, to include the federal
  5  5 income tax revisions made by congress in the 1999 calendar
  5  6 year, making those revisions applicable for Iowa income tax
  5  7 purposes.
  5  8    Code section 422.12B is amended to delete extraneous
  5  9 language relating to a health insurance credit from the
  5 10 statute for the earned income credit.
  5 11    Code section 422.13 is amended to require nonresident
  5 12 taxpayers to file state income tax returns if the taxpayers
  5 13 are subject to the alternative minimum tax.
  5 14    Code section 422.21 is amended to provide tax benefits to
  5 15 military personnel who serve in hazardous duty areas.
  5 16    All but one of the provisions in the bill apply
  5 17 retroactively to January 1, 1999, for tax years beginning on
  5 18 or after that date.  The provision amending Code section
  5 19 422.13 relating to nonresident taxpayers applies retroactively
  5 20 to January 1, 2000, for tax years beginning on or after that
  5 21 date.
  5 22    The bill takes effect upon enactment.  
  5 23 LSB 5255DP 78
  5 24 sc/as/5
     

Text: SSB03035                          Text: SSB03037
Text: SSB03000 - SSB03099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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