Text: HF00750                           Text: HF00752
Text: HF00700 - HF00799                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 751

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  15E.41  PURPOSE.
  1  2    The purpose of this division is to enhance the quality of
  1  3 life for citizens of this state by encouraging the creation of
  1  4 new jobs, industry, products, and wealth through the increased
  1  5 availability and accessibility to capital, particularly at the
  1  6 seed and venture capital investment stages.
  1  7    Sec. 2.  NEW SECTION.  15E.42  INVESTMENT TAX CREDITS.
  1  8    1.  For tax years beginning on or after January 1, 2001, a
  1  9 tax credit shall be allowed against the taxes imposed in
  1 10 chapter 422, divisions II, III, and V, and in chapter 432, for
  1 11 a portion of the taxpayer's equity investment, as provided in
  1 12 subsection 2, in a qualified business.  However, for tax
  1 13 credits earned from investments made in the 2001, 2002, 2003,
  1 14 and 2004 calendar years, taxpayers shall not claim the tax
  1 15 credit sooner than the tax year beginning in the 2005 calendar
  1 16 year.  An individual may claim the credit of a partnership,
  1 17 limited liability company, S corporation, estate, or trust
  1 18 electing to have income taxed directly to the individual.  The
  1 19 amount claimed by the individual shall be based upon the pro
  1 20 rata share of the individual's earnings from the partnership,
  1 21 limited liability company, S corporation, estate, or trust.
  1 22 Any tax credit in excess of the taxpayer's liability for the
  1 23 tax year may be credited to the tax liability for the
  1 24 following five years or until depleted, whichever is earlier.
  1 25 A tax credit shall not be carried back to a tax year prior to
  1 26 the tax year in which the taxpayer redeems the tax credit.
  1 27    2.  The tax credit equals fifty percent, not to exceed one
  1 28 hundred thousand dollars, of the taxpayer's equity investment
  1 29 made in a qualified business during the tax year.
  1 30    3.  The aggregate amount of tax credits issued under this
  1 31 section for taxes imposed pursuant to chapter 422, divisions
  1 32 II, III, and V, and chapter 432 shall not exceed a total of
  1 33 twenty-five million dollars.
  1 34    4.  The department of revenue and finance, in consultation
  1 35 with the department of economic development, shall develop a
  2  1 system for registration, authorization, and redemption of tax
  2  2 credits issued by the state under this section.  The
  2  3 department of revenue and finance and the department of
  2  4 economic development shall adopt any other policies,
  2  5 procedures, or rules pursuant to chapter 17A necessary for the
  2  6 administration of this division and of tax credits issued by
  2  7 the state under this section.
  2  8    Sec. 3.  NEW SECTION.  15E.43  QUALIFYING BUSINESSES.
  2  9    1.  In order for an equity investment to qualify for a tax
  2 10 credit, a taxpayer, within ninety days of making an investment
  2 11 in a qualifying business, shall notify the department of
  2 12 economic development regarding the investment and provide the
  2 13 department with information documenting the investment.  In
  2 14 order to be a qualifying business, the business must meet all
  2 15 of the following criteria:
  2 16    a.  The principal business operations of the business are
  2 17 located in this state.
  2 18    b.  The business has been in operation for five years or
  2 19 less.
  2 20    c.  The business has a business plan approved by the
  2 21 department which details the business's growth strategy, the
  2 22 management team if applicable, a production or management
  2 23 plan, a financial plan, and other standard elements of a
  2 24 business plan.
  2 25    d.  The business has an owner who has successfully
  2 26 completed a recognized entrepreneurial venture development
  2 27 curriculum or has three years of relevant business experience.
  2 28    e.  The business is not a business engaged primarily in
  2 29 retail sales or the provision of health care or other
  2 30 professional services.
  2 31    f.  The business shall not have a net worth that exceeds
  2 32 five million dollars.
  2 33    2.  After verifying the eligibility of the business, the
  2 34 department of economic development shall notify the department
  2 35 of revenue and finance that the investment has been made in a
  3  1 qualifying business and the department of revenue and finance
  3  2 shall issue a tax credit certificate to be attached to the
  3  3 person's tax return.  The tax credit certificate shall contain
  3  4 the taxpayer's name, address, tax identification number, the
  3  5 amount of credit, other information required by the department
  3  6 of revenue and finance, and a place for the name and tax
  3  7 identification number of any transferee and the amount of the
  3  8 tax credit being transferred.
  3  9    3.  The tax credit shall not be redeemed during any tax
  3 10 year beginning prior to January 1, 2005.
  3 11    4.  A person receiving a tax credit under this section may
  3 12 transfer all or a portion of the unused tax credit to any
  3 13 other person.  However, the tax credit shall only be
  3 14 transferred once.  The transferee may use the amount of the
  3 15 tax credit transferred against taxes imposed under chapter
  3 16 422, divisions II, III, and V, and under chapter 432 for any
  3 17 tax year the original transferor could have claimed the
  3 18 credit.  Any consideration received for the transfer of the
  3 19 tax credit shall not be included as income under chapter 422,
  3 20 divisions II, III, and V, or as premiums under chapter 432.
  3 21 Any consideration paid for the transfer of the tax credit
  3 22 shall not be deducted from income under chapter 422, divisions
  3 23 II, III, and V, or from premiums under chapter 432.
  3 24    5.  Any consideration received by a transferor shall be
  3 25 invested in the qualifying business.
  3 26    Sec. 4.  NEW SECTION.  422.11C  INVESTMENT TAX CREDITS.
  3 27    The taxes imposed under this division, less the credits
  3 28 allowed under sections 422.12 and 422.12B, shall be reduced by
  3 29 an investment tax credit authorized pursuant to sections
  3 30 15E.41 through 15E.43.
  3 31    Sec. 5.  Section 422.33, Code 2001, is amended by adding
  3 32 the following new subsection:
  3 33    NEW SUBSECTION.  11.  The taxes imposed under this division
  3 34 shall be reduced by an investment tax credit authorized
  3 35 pursuant to sections 15E.41 through 15E.43.
  4  1    Sec. 6.  Section 422.60, Code 2001, is amended by adding
  4  2 the following new subsection:
  4  3    NEW SUBSECTION.  4.  The taxes imposed under this division
  4  4 shall be reduced by an investment tax credit authorized
  4  5 pursuant to sections 15E.41 through 15E.43.
  4  6    Sec. 7.  NEW SECTION.  432.12A  INVESTMENT TAX CREDITS.
  4  7    The taxes imposed under this chapter shall be reduced by an
  4  8 investment tax credit authorized pursuant to sections 15E.41
  4  9 through 15E.43.  
  4 10                           EXPLANATION
  4 11    This bill creates a personal income, corporate income,
  4 12 financial institution franchise, and insurance premium tax
  4 13 credit which may be claimed by a taxpayer for a portion of the
  4 14 taxpayer's equity investment in a qualified business.  The
  4 15 bill provides that for tax credits earned from investments
  4 16 made in 2001, 2002, 2003, and 2004 calendar years, taxpayers
  4 17 shall not claim the tax credit sooner than the tax year
  4 18 beginning in the 2005 calendar year.  The bill provides that
  4 19 any tax credit in excess of the taxpayer's liability for the
  4 20 tax year may be credited to the tax liability for the
  4 21 following five years or until depleted, whichever is earlier.
  4 22 The bill provides that the tax credit shall not be carried
  4 23 back to previous tax years.  The bill provides that the tax
  4 24 credit equals 50 percent, not to exceed $100,000, of the
  4 25 taxpayer's equity investment in a qualified business during
  4 26 the tax year.
  4 27    The bill provides that, in order for an equity investment
  4 28 to qualify for a tax credit, a taxpayer, within 90 days of
  4 29 making an investment in a qualifying business, shall notify
  4 30 the department of economic development regarding the
  4 31 investment and provide the department with information
  4 32 documenting the investment and the business must meet certain
  4 33 identified criteria.  The bill provides that, after verifying
  4 34 the eligibility of the business, the department of economic
  4 35 development shall notify the department of revenue and finance
  5  1 that the investment has been made in a qualifying business and
  5  2 the department of revenue and finance shall issue a tax credit
  5  3 certificate to be attached to the person's tax return.
  5  4    The bill provides that the aggregate amount of tax credits
  5  5 issued by the state shall not exceed a total of $25 million.
  5  6    The bill provides that a person receiving a tax credit may
  5  7 transfer all or a portion of the unused tax credit to any
  5  8 other person; however, a tax credit shall only be transferred
  5  9 once.  The bill provides that the transferee may use the
  5 10 amount of the tax credit transferred against personal income
  5 11 taxes, corporate income taxes, financial institution franchise
  5 12 taxes, and insurance premium taxes for any tax year the
  5 13 original transferor could have claimed the tax credit.  The
  5 14 bill provides that any consideration received by a transferor
  5 15 shall be invested in the qualifying business.
  5 16    The bill requires the department of revenue and finance, in
  5 17 consultation with the department of economic development, to
  5 18 develop a system for registration, authorization, and
  5 19 redemption of investment tax credits.  
  5 20 LSB 3714YH 79
  5 21 tm/cls/14
     

Text: HF00750                           Text: HF00752
Text: HF00700 - HF00799                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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