Text: HF02356                           Text: HF02358
Text: HF02300 - HF02399                 Text: HF Index
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House File 2357

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 12D.1, subsection 6, Code 2001, is
  1  2 amended to read as follows:
  1  3    6.  "Higher education costs" means the certified costs of
  1  4 tuition, fees, books, supplies, and equipment required for
  1  5 enrollment or attendance at an institution of higher
  1  6 education.  Reasonable room and board expenses, based on the
  1  7 minimum amount applicable for the institution of higher
  1  8 education during the period of enrollment, shall be included
  1  9 as a higher education cost for those students enrolled on at
  1 10 least a half-time basis.  Room and board expenses shall be
  1 11 included as a higher education cost for those students
  1 12 enrolled on at least a half-time basis in an amount applicable
  1 13 to the student in calculating costs of attendance for federal
  1 14 financial aid programs pursuant to section 472 of the federal
  1 15 Higher Education Act of 1965, 20 U.S.C. } 1088, or for
  1 16 students living in housing owned or operated by an institution
  1 17 of higher education the actual amount, if greater, charged by
  1 18 the institution for room and board.  Expenses of a special
  1 19 needs beneficiary which are necessary in connection with the
  1 20 beneficiary's enrollment or attendance shall be considered a
  1 21 higher education cost.
  1 22    Sec. 2.  Section 12D.1, subsection 13, Code 2001, is
  1 23 amended by striking the subsection.
  1 24    Sec. 3.  Section 12D.2, subsection 15, Code 2001, is
  1 25 amended to read as follows:
  1 26    15.  Establish, impose, and collect administrative fees and
  1 27 charges in connection with transactions of the trust, and
  1 28 provide for reasonable service charges, including penalties
  1 29 for cancellations and late payments with respect to
  1 30 participation agreements.
  1 31    Sec. 4.  Section 12D.3, subsection 1, paragraph a, Code
  1 32 2001, is amended to read as follows:
  1 33    a.  Each participation agreement may require a participant
  1 34 to agree to invest a specific amount of money in the trust for
  1 35 a specific period of time for the benefit of a specific
  2  1 beneficiary.  A participant shall not be required to make an
  2  2 annual contribution on behalf of a beneficiary.  The minimum
  2  3 contribution per beneficiary per year, in a year in which a
  2  4 participant is making a contribution, shall be fifty dollars.
  2  5 The maximum contribution that may be deducted for Iowa income
  2  6 tax purposes shall not exceed two three thousand dollars per
  2  7 beneficiary per year adjusted annually to reflect increases in
  2  8 the consumer price index.  The treasurer of state shall set an
  2  9 account balance limit to maintain compliance with section 529
  2 10 of the Internal Revenue Code.  A contribution shall not be
  2 11 permitted to the extent it causes the aggregate balance of all
  2 12 accounts established for the same beneficiary to exceed the
  2 13 applicable account balance limit.
  2 14    Sec. 5.  Section 12D.3, subsection 3, Code 2001, is amended
  2 15 to read as follows:
  2 16    3.  A participant's account balance shall be refunded to
  2 17 the participant, less endowment fund earnings, and less a
  2 18 refund penalty levied by the trust against account balance
  2 19 earnings, if any, in the event an account balance remains in
  2 20 the account for a thirty-day period following the
  2 21 beneficiary's thirtieth birthday.
  2 22    Sec. 6.  Section 12D.5, subsection 1, Code 2001, is amended
  2 23 to read as follows:
  2 24    1.  A participant may cancel a participation agreement at
  2 25 will.  Upon cancellation of a participation agreement, a
  2 26 participant shall be entitled to the return of the
  2 27 participant's account balance, less endowment fund investment
  2 28 earnings, and less a refund penalty levied by the trust
  2 29 against the participant's account balance earnings, if any.
  2 30 The penalty shall be deposited into the administrative fund.
  2 31    Sec. 7.  Section 12D.5, subsection 2, Code 2001, is amended
  2 32 by striking the subsection.
  2 33    Sec. 8.  Section 12D.9, subsection 1, paragraph f, Code
  2 34 2001, is amended by striking the paragraph.
  2 35    Sec. 9.  Section 422.7, Code Supplement 2001, is amended by
  3  1 adding the following new subsection:
  3  2    NEW SUBSECTION.  34A.  For purposes of this subsection, a
  3  3 "qualified tuition program" is a program which provides that
  3  4 amounts contributed in exchange for tuition credits or
  3  5 certificates at an eligible education institution are held in
  3  6 a qualified trust, and which receives a ruling or
  3  7 determination from the internal revenue service that the
  3  8 program meets the requirements of section 529 of the Internal
  3  9 Revenue Code.
  3 10    a.  Subtract the contribution to a qualified tuition
  3 11 program up to the maximum amount that may be deducted for Iowa
  3 12 income tax purposes pursuant to section 12D.3, subsection 1,
  3 13 paragraph "a".
  3 14    b.  Add the amount resulting from the cancellation of a
  3 15 participation agreement refunded to the taxpayer as a
  3 16 participant in a qualified tuition program to the extent
  3 17 previously deducted as a contribution to the program.
  3 18    c.  Subtract, to the extent included, income from interest
  3 19 and earnings received from the qualified tuition program.
  3 20    Sec. 10.  EFFECTIVE AND APPLICABILITY DATES.  This Act,
  3 21 being deemed of immediate importance, takes effect upon
  3 22 enactment and applies retroactively to January 1, 2002, for
  3 23 tax years beginning on or after that date.  
  3 24                           EXPLANATION
  3 25    This bill provides for qualified state tuition program
  3 26 modifications to maintain consistency with federal law
  3 27 changes.
  3 28    The bill provides that higher education costs shall include
  3 29 room and board expenses in an amount applicable to the student
  3 30 in calculating costs of attendance for federal financial aid
  3 31 programs pursuant to section 472 of the federal Higher
  3 32 Education Act of 1965, 20 U.S.C. } 1088, or, for students
  3 33 living in housing owned or operated by an institution of
  3 34 higher education, the actual amount, if greater, charged by
  3 35 the institution for room and board.  Formerly, reasonable room
  4  1 and board expenses based on the minimum amount applicable for
  4  2 an institution of higher education were permitted.  The bill
  4  3 also adds expenses of a special needs beneficiary which are
  4  4 necessary in connection with the beneficiary's enrollment or
  4  5 attendance as a higher education cost.
  4  6    The bill provides for an increase in the maximum
  4  7 contribution which is deductible for Iowa income tax purposes
  4  8 from $2,000 to $3,000 per beneficiary per year.
  4  9    The bill provides that a refund penalty formerly applicable
  4 10 upon cancellation of a participation agreement shall not be
  4 11 levied.
  4 12    The bill provides that the provisions applicable to the
  4 13 education savings plan trust regarding contributions to and
  4 14 interest and earnings from the trust for Iowa income tax
  4 15 purposes shall also apply with regard to a qualified tuition
  4 16 program.  The bill provides that a "qualified tuition program"
  4 17 is a program providing that amounts contributed in exchange
  4 18 for tuition credits or certificates at an eligible education
  4 19 institution are held in a qualified trust, and which receives
  4 20 a ruling or determination from the internal revenue service
  4 21 that the program meets the requirements of section 529 of the
  4 22 Internal Revenue Code.
  4 23    The bill takes effect upon enactment and applies
  4 24 retroactively to January 1, 2002, for tax years beginning on
  4 25 or after that date.  
  4 26 LSB 5541YH 79
  4 27 rn/pj/5
     

Text: HF02356                           Text: HF02358
Text: HF02300 - HF02399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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