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House Amendment 8014

Amendment Text

PAG LIN
  1  1    Amend the Senate amendment, H-8012, to House File
  1  2 2078, as amended, passed, and reprinted by the House,
  1  3 as follows:
  1  4    #1.  Page 1, by striking lines 11 through 24 and
  1  5 inserting the following:
  1  6    ""Sec. 401.  Section 422.5, subsection 1, paragraph
  1  7 j, subparagraph (2), unnumbered paragraph 1, Code
  1  8 2001, is amended to read as follows:
  1  9    The tax imposed upon the taxable income of a
  1 10 resident shareholder in an S corporation which has in
  1 11 effect for the tax year an election under subchapter S
  1 12 of the Internal Revenue Code or of a resident member
  1 13 of a limited liability company which has elected to
  1 14 have its income taxed directly to the member and
  1 15 carries on business within and without the state may
  1 16 be computed by reducing the amount determined pursuant
  1 17 to paragraphs "a" through "i" by the amounts of
  1 18 nonrefundable credits under this division and by
  1 19 multiplying this resulting amount by a fraction of
  1 20 which the resident's net income allocated to Iowa, as
  1 21 determined in section 422.8, subsection 2, paragraph
  1 22 "b", is the numerator and the resident's total net
  1 23 income computed under section 422.7 is the
  1 24 denominator.  If a resident shareholder or resident
  1 25 member has elected to take advantage of this
  1 26 subparagraph, and for the next tax year elects not to
  1 27 take advantage of this subparagraph, the resident
  1 28 shareholder or resident member shall not reelect to
  1 29 take advantage of this subparagraph for the three tax
  1 30 years immediately following the first tax year for
  1 31 which the shareholder or member elected not to take
  1 32 advantage of this subparagraph, unless the director
  1 33 consents to the reelection.  This subparagraph also
  1 34 applies to individuals who are residents of Iowa for
  1 35 less than the entire tax year.
  1 36    Sec. 402.  Section 422.5, subsection 1, paragraph
  1 37 k, unnumbered paragraph 4, Code 2001, is amended to
  1 38 read as follows:
  1 39    In the case of a resident, including a resident
  1 40 estate or trust, the state's apportioned share of the
  1 41 state alternative minimum tax is one hundred percent
  1 42 of the state alternative minimum tax computed in this
  1 43 subsection.  In the case of a resident or part-year
  1 44 resident shareholder in an S corporation which has in
  1 45 effect for the tax year an election under subchapter S
  1 46 of the Internal Revenue Code or of a resident or part-
  1 47 year resident member of a limited liability company
  1 48 which has elected to have its income taxed directly to
  1 49 the member and carries on business within and without
  1 50 the state, a nonresident, including a nonresident
  2  1 estate or trust, or an individual, estate, or trust
  2  2 that is domiciled in the state for less than the
  2  3 entire tax year, the state's apportioned share of the
  2  4 state alternative minimum tax is the amount of tax
  2  5 computed under this subsection, reduced by the
  2  6 applicable credits in sections 422.10 through 422.12
  2  7 and this result multiplied by a fraction with a
  2  8 numerator of the sum of state net income allocated to
  2  9 Iowa as determined in section 422.8, subsection 2,
  2 10 paragraph "a" or "b" as applicable, plus tax
  2 11 preference items, adjustments, and losses under
  2 12 subparagraph (1) attributable to Iowa and with a
  2 13 denominator of the sum of total net income computed
  2 14 under section 422.7 plus all tax preference items,
  2 15 adjustments, and losses under subparagraph (1).  In
  2 16 computing this fraction, those items excludable under
  2 17 subparagraph (1) shall not be used in computing the
  2 18 tax preference items.  Married taxpayers electing to
  2 19 file separate returns or separately on a combined
  2 20 return must allocate the minimum tax computed in this
  2 21 subsection in the proportion that each spouse's
  2 22 respective preference items, adjustments, and losses
  2 23 under subparagraph (1) bear to the combined preference
  2 24 items, adjustments, and losses under subparagraph (1)
  2 25 of both spouses.
  2 26    Sec. 403.  Section 422.8, subsection 2, paragraph
  2 27 b, Code 2001, is amended to read as follows:
  2 28    b.  A resident's income allocable to Iowa is the
  2 29 income determined under section 422.7 reduced by items
  2 30 of income and expenses from an S corporation or
  2 31 limited liability company that carries on business
  2 32 within and without the state when those items of
  2 33 income and expenses pass directly to the shareholders
  2 34 or members under provisions of the Internal Revenue
  2 35 Code.  These items of income and expenses are
  2 36 increased by the greater of the following:
  2 37    (1)  The net income or loss of the S corporation or
  2 38 limited liability company which is fairly and
  2 39 equitably attributable to this state under section
  2 40 422.33, subsections 2 and 3.
  2 41    (2)  Any cash or the value of property
  2 42 distributions which are made only to the extent that
  2 43 they are paid from income upon which Iowa income tax
  2 44 has not been paid, as determined under rules of the
  2 45 director, reduced by fifty percent of the amount of
  2 46 any of these distributions that are made to enable the
  2 47 shareholder or member to pay federal income tax on
  2 48 items of income, loss, and expenses from the S
  2 49 corporation or limited liability company.
  2 50    Sec. 404.  Section 422.8, subsection 6, Code 2001,
  3  1 is amended to read as follows:
  3  2    6.  If the resident or part-year resident is a
  3  3 shareholder of an S corporation which has in effect an
  3  4 election under subchapter S of the Internal Revenue
  3  5 Code or is a member of a limited liability company
  3  6 which has elected to have its income taxed directly to
  3  7 its members, subsections 1 and 3 do not apply to any
  3  8 income taxes paid to another state or foreign country
  3  9 on the income from the S corporation which has in
  3 10 effect an election under subchapter S of the Internal
  3 11 Revenue Code or from the limited liability company
  3 12 which has elected to have its income taxed directly to
  3 13 its members.
  3 14    Sec. 405.  APPLICABILITY PROVISION.  Sections 401
  3 15 through 404 of this Act apply retroactively to January
  3 16 1, 2002, for tax years beginning on or after that
  3 17 date.""
  3 18    #2.  Page 1, line 31, by inserting after the word
  3 19 "by" the following:  "a limited liability company or".  
  3 20 
  3 21 
  3 22                               
  3 23 GRUNDBERG of Polk
  3 24 HF 2078.304 79
  3 25 mg/cf
     

Text: H08013                            Text: H08015
Text: H08000 - H08099                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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