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House File 716

Partial Bill History

Bill Text

PAG LIN
  1  1                                           HOUSE FILE 716
  1  2 
  1  3                             AN ACT
  1  4 PROVIDING FOR TAXES RELATING TO ETHANOL BLENDED GASOLINE,
  1  5    MAKING PENALTIES APPLICABLE, AND PROVIDING FOR THE ACT'S
  1  6    APPLICABILITY.  
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  Section 15.333, subsection 1, Code Supplement
  1 11 1999, as amended by 2000 Iowa Acts, chapter 1213, section 1,
  1 12 is amended to read as follows:
  1 13    1.  An eligible business may claim a corporate tax credit
  1 14 up to a maximum of ten percent of the new investment which is
  1 15 directly related to new jobs created by the location or
  1 16 expansion of an eligible business under the program.  Any
  1 17 credit in excess of the tax liability for the tax year may be
  1 18 credited to the tax liability for the following seven years or
  1 19 until depleted, whichever occurs earlier.  Subject to prior
  1 20 approval by the department of economic development in
  1 21 consultation with the department of revenue and finance, an
  1 22 eligible business whose project primarily involves the
  1 23 production of value-added agricultural products may elect to
  1 24 refund all or a portion of an unused tax credit.  For purposes
  1 25 of this section, an eligible business includes a cooperative
  1 26 described in section 521 of the Internal Revenue Code which is
  1 27 not required to file an Iowa corporate income tax return, and
  1 28 whose project primarily involves the production of ethanol.
  1 29 The refund may be used against a tax liability imposed under
  1 30 chapter 422, division II, III, or V.  If the business is a
  1 31 partnership, subchapter S corporation, limited liability
  1 32 company, or estate or trust electing to have the income taxed
  1 33 directly to the individual, an individual may claim the tax
  1 34 credit allowed.  The amount claimed by the individual shall be
  1 35 based upon the pro rata share of the individual's earnings of
  2  1 the partnership, subchapter S corporation, limited liability
  2  2 company, or estate or trust.  For purposes of this section,
  2  3 "new investment directly related to new jobs created by the
  2  4 location or expansion of an eligible business under the
  2  5 program" means the cost of machinery and equipment, as defined
  2  6 in section 427A.1, subsection 1, paragraphs "e" and "j",
  2  7 purchased for use in the operation of the eligible business,
  2  8 the purchase price of which has been depreciated in accordance
  2  9 with generally accepted accounting principles, and the cost of
  2 10 improvements made to real property which is used in the
  2 11 operation of the eligible business and which receives a
  2 12 partial property tax exemption for the actual value added
  2 13 under section 15.332.
  2 14    1A.  An eligible business whose project primarily involves
  2 15 the production of value-added agricultural products, that
  2 16 elects to receive a refund of all or a portion of an unused
  2 17 tax credit, shall apply to the department of economic
  2 18 development for tax credit certificates.  An eligible business
  2 19 whose project primarily involves the production of value-added
  2 20 agricultural products shall not claim a tax credit under this
  2 21 section unless a tax credit certificate issued by the
  2 22 department of economic development is attached to the
  2 23 taxpayer's tax return for the tax year during which the tax
  2 24 credit is claimed.  For purposes of this section, an eligible
  2 25 business includes a cooperative described in section 521 of
  2 26 the Internal Revenue Code which is not required to file an
  2 27 Iowa corporate income tax return, and whose project primarily
  2 28 involves the production of ethanol.  A tax credit certificate
  2 29 shall not be valid until the tax year following the date of
  2 30 the project completion.  A tax credit certificate shall
  2 31 contain the taxpayer's name, address, tax identification
  2 32 number, the date of project completion, the amount of the tax
  2 33 credit, other information required by the department of
  2 34 revenue and finance.  The department of economic development
  2 35 shall not issue tax credit certificates which total more than
  3  1 four million dollars during a fiscal year.  If the department
  3  2 receives applications for tax credit certificates in excess of
  3  3 four million dollars, the applicants shall receive
  3  4 certificates for a prorated amount.  The tax credit
  3  5 certificates shall not be transferred.  For a cooperative
  3  6 described in section 521 of the Internal Revenue Code that is
  3  7 not required to file an Iowa corporate income tax return, the
  3  8 department of economic development shall require that the
  3  9 cooperative submit a list of its members and the share of each
  3 10 member's interest in the cooperative.  The department shall
  3 11 issue a tax credit certificate to each member contained on the
  3 12 submitted list.
  3 13    Sec. 2.  NEW SECTION.  422.11C  ETHANOL BLENDED GASOLINE
  3 14 TAX CREDIT.
  3 15    1.  As used in this section, unless the context otherwise
  3 16 requires:
  3 17    a.  "Ethanol blended gasoline" means the same as defined in
  3 18 section 452A.2.
  3 19    b.  "Gasoline" means gasoline that meets the specifications
  3 20 required by the department of agriculture and land stewardship
  3 21 pursuant to section 214A.2 that is dispensed through a metered
  3 22 pump.
  3 23    c.  "Metered pump" means a motor vehicle fuel pump licensed
  3 24 by the department of agriculture and land stewardship pursuant
  3 25 to chapter 214.
  3 26    d.  "Retail dealer" means a retail dealer as defined in
  3 27 section 214A.1 who operates a metered pump at a service
  3 28 station.
  3 29    e.  "Sell" means to sell on a retail basis.
  3 30    f.  "Service station" means each geographic location in
  3 31 this state where a retail dealer sells and dispenses gasoline
  3 32 on a retail basis.
  3 33    g.  "Tax credit" means the designated ethanol blended
  3 34 gasoline tax credit as provided in this section.
  3 35    2.  The taxes imposed under this division, less the credits
  4  1 allowed under sections 422.12 and 422.12B, shall be reduced by
  4  2 an ethanol blended gasoline tax credit for each tax year that
  4  3 the taxpayer is eligible to claim the tax credit under this
  4  4 section.  In order to be eligible, all of the following must
  4  5 apply:
  4  6    a.  The taxpayer is a retail dealer.
  4  7    b.  The taxpayer operates at least one service station at
  4  8 which more than sixty percent of the total gallons of gasoline
  4  9 sold and dispensed through one or more metered pumps by the
  4 10 taxpayer in the tax year is ethanol blended gasoline.
  4 11    c.  The taxpayer complies with requirements of the
  4 12 department required to administer this section.
  4 13    3.  The tax credit shall be calculated separately for each
  4 14 service station site operated by the taxpayer.  The amount of
  4 15 the tax credit for each eligible service station is two and
  4 16 one-half cents multiplied by the total number of gallons of
  4 17 ethanol blended gasoline sold and dispensed through all
  4 18 metered pumps located at that service station during the tax
  4 19 year in excess of sixty percent of all gasoline sold and
  4 20 dispensed through metered pumps at that service station during
  4 21 the tax year.
  4 22    4.  Any credit in excess of the taxpayer's tax liability
  4 23 shall be refunded.  In lieu of claiming a refund, the taxpayer
  4 24 may elect to have the overpayment shown on the taxpayer's
  4 25 final, completed return credited to the tax liability for the
  4 26 following tax year.
  4 27    5.  An individual may claim the tax credit allowed a
  4 28 partnership, limited liability company, S corporation, estate,
  4 29 or trust electing to have the income taxed directly to the
  4 30 individual.  The amount claimed by the individual shall be
  4 31 based upon the pro rata share of the individual's earnings of
  4 32 a partnership, limited liability company, S corporation,
  4 33 estate, or trust.
  4 34    Sec. 3.  Section 422.33, Code 2001, is amended by adding
  4 35 the following new subsection:
  5  1    NEW SUBSECTION.  11.  a.  As used in this subsection,
  5  2 unless the context otherwise requires:
  5  3    (1)  "Ethanol blended gasoline", "gasoline", "metered
  5  4 pump", "retail dealer", "sell", and "service station" mean the
  5  5 same as defined in section 422.11C.
  5  6    (2)  "Tax credit" means the designated ethanol blended
  5  7 gasoline tax credit as provided in this subsection.
  5  8    b.  The taxes imposed under this division shall be reduced
  5  9 by an ethanol blended gasoline tax credit for each tax year
  5 10 that the taxpayer is eligible to claim the tax credit under
  5 11 this subsection.  In order to be eligible, all of the
  5 12 following must apply:
  5 13    (1)  The taxpayer is a retail dealer.
  5 14    (2)  The taxpayer operates at least one service station at
  5 15 which more than sixty percent of the total gallons of gasoline
  5 16 sold and dispensed through one or more metered pumps by the
  5 17 taxpayer is ethanol blended gasoline.
  5 18    (3)  The taxpayer complies with requirements of the
  5 19 department required to administer this subsection.
  5 20    c.  The tax credit shall be calculated separately for each
  5 21 service station site operated by the taxpayer.  The amount of
  5 22 the tax credit for each eligible service station is two and
  5 23 one-half cents multiplied by the total number of gallons of
  5 24 ethanol blended gasoline sold and dispensed through all
  5 25 metered pumps located at that service station during the tax
  5 26 year in excess of sixty percent of all gasoline sold and
  5 27 dispensed through metered pumps at that service station during
  5 28 the tax year.
  5 29    d.  Any credit in excess of the taxpayer's tax liability
  5 30 shall be refunded.  In lieu of claiming a refund, the taxpayer
  5 31 may elect to have the overpayment shown on the taxpayer's
  5 32 final, completed return credited to the tax liability for the
  5 33 following tax year.
  5 34    Sec. 4.  Section 452A.3, subsection 1, Code 2001, is
  5 35 amended by striking the subsection and inserting in lieu
  6  1 thereof the following:
  6  2    1.  Except as otherwise provided in this section and in
  6  3 this division, until June 30, 2007, this subsection shall
  6  4 apply to the excise tax imposed on each gallon of motor fuel
  6  5 used for any purpose for the privilege of operating motor
  6  6 vehicles in this state.
  6  7    a.  The rate of the excise tax shall be based on the number
  6  8 of gallons of ethanol blended gasoline that is distributed in
  6  9 this state as expressed as a percentage of the number of
  6 10 gallons of motor fuel distributed in this state, which is
  6 11 referred to as the distribution percentage.  The department
  6 12 shall determine the percentage basis for each determination
  6 13 period beginning January 1 and ending December 31.  The rate
  6 14 for the excise tax shall apply for the period beginning July 1
  6 15 and ending June 30 following the end of the determination
  6 16 period.
  6 17    b.  The rate for the excise tax shall be as follows:
  6 18    (1)  If the distribution percentage is not greater than
  6 19 fifty percent, the rate shall be nineteen cents for ethanol
  6 20 blended gasoline and twenty cents for motor fuel other than
  6 21 ethanol blended gasoline.
  6 22    (2)  If the distribution percentage is greater than fifty
  6 23 percent but not greater than fifty-five percent, the rate
  6 24 shall be nineteen cents for ethanol blended gasoline and
  6 25 twenty and one-tenth cents for motor fuel other than ethanol
  6 26 blended gasoline.
  6 27    (3)  If the distribution percentage is greater than fifty-
  6 28 five percent but not greater than sixty percent, the rate
  6 29 shall be nineteen cents for ethanol blended gasoline and
  6 30 twenty and three-tenths cents for motor fuel other than
  6 31 ethanol blended gasoline.
  6 32    (4)  If the distribution percentage is greater than sixty
  6 33 percent but not greater than sixty-five percent, the rate
  6 34 shall be nineteen cents for ethanol blended gasoline and
  6 35 twenty and five-tenths cents for motor fuel other than ethanol
  7  1 blended gasoline.
  7  2    (5)  If the distribution percentage is greater than sixty-
  7  3 five percent but not greater than seventy percent, the rate
  7  4 shall be nineteen cents for ethanol blended gasoline and
  7  5 twenty and seven-tenths cents for motor fuel other than
  7  6 ethanol blended gasoline.
  7  7    (6)  If the distribution percentage is greater than seventy
  7  8 percent but not greater than seventy-five percent, the rate
  7  9 shall be nineteen cents for ethanol blended gasoline and
  7 10 twenty-one cents for motor fuel other than ethanol blended
  7 11 gasoline.
  7 12    (7)  If the distribution percentage is greater than
  7 13 seventy-five percent but not greater than eighty percent, the
  7 14 rate shall be nineteen and three-tenths cents for ethanol
  7 15 blended gasoline and twenty and eight-tenths cents for motor
  7 16 fuel other than ethanol blended gasoline.
  7 17    (8)  If the distribution percentage is greater than eighty
  7 18 percent but not greater than eighty-five percent, the rate
  7 19 shall be nineteen and five-tenths cents for ethanol blended
  7 20 gasoline and twenty and seven-tenths cents for motor fuel
  7 21 other than ethanol blended gasoline.
  7 22    (9)  If the distribution percentage is greater than eighty-
  7 23 five percent but not greater than ninety percent, the rate
  7 24 shall be nineteen and seven-tenths cents for ethanol blended
  7 25 gasoline and twenty and four-tenths cents for motor fuel other
  7 26 than ethanol blended gasoline.
  7 27    (10)  If the distribution percentage is greater than ninety
  7 28 percent but not greater than ninety-five percent, the rate
  7 29 shall be nineteen and nine-tenths cents for ethanol blended
  7 30 gasoline and twenty and one-tenth cents for motor fuel other
  7 31 than ethanol blended gasoline.
  7 32    (11)  If the distribution percentage is greater than
  7 33 ninety-five percent, the rate shall be twenty cents for
  7 34 ethanol blended gasoline and twenty cents for motor fuel other
  7 35 than ethanol blended gasoline.
  8  1    1A.  Except as otherwise provided in this section and in
  8  2 this division, after June 30, 2007, an excise tax of twenty
  8  3 cents is imposed on each gallon of motor fuel used for any
  8  4 purpose for the privilege of operating motor vehicles in this
  8  5 state.
  8  6    Sec. 5.  Section 452A.3, subsection 2, paragraph b, Code
  8  7 2001, is amended by striking the paragraph.
  8  8    Sec. 6.  APPLICABILITY.
  8  9    1.  Notwithstanding section 452A.3, as amended in this Act,
  8 10 the excise tax imposed upon motor vehicle fuel, including
  8 11 ethanol blended gasoline, as provided in that section shall be
  8 12 the same as provided in that section on June 30, 2001, until
  8 13 July 1, 2002.  The excise tax for the period beginning July 1,
  8 14 2002, and ending June 30, 2003, and for each subsequent
  8 15 period, shall be based on a determination made by the
  8 16 department of revenue and finance as provided in section
  8 17 452A.3, subsection 1.
  8 18    2.  The ethanol blended gasoline tax credits provided in
  8 19 sections 422.11C and 422.33 apply to tax years beginning on or
  8 20 after January 1, 2002.  The department of revenue and finance
  8 21 shall perform functions, prior to the beginning of that tax
  8 22 year, necessary in order to implement the tax credits.  
  8 23 
  8 24 
  8 25                                                             
  8 26                               BRENT SIEGRIST
  8 27                               Speaker of the House
  8 28 
  8 29 
  8 30                                                             
  8 31                               MARY E. KRAMER
  8 32                               President of the Senate
  8 33 
  8 34    I hereby certify that this bill originated in the House and
  8 35 is known as House File 716, Seventy-ninth General Assembly.
  9  1 
  9  2 
  9  3                                                             
  9  4                               MARGARET THOMSON
  9  5                               Chief Clerk of the House
  9  6 Approved                , 2001
  9  7 
  9  8 
  9  9                            
  9 10 THOMAS J. VILSACK
  9 11 Governor
     

Text: HF00715                           Text: HF00717
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