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Senate Amendment 3716

Amendment Text

PAG LIN
  1  1    Amend House File 757, as passed by the House, as
  1  2 follows:
  1  3    #1.  By striking everything after the enacting
  1  4 clause and inserting the following:
  1  5    "Section 1.  Section 422.4, subsection 1,
  1  6 paragraphs b and c, Code 2001, are amended to read as
  1  7 follows:
  1  8    b.  "Cumulative inflation factor" means the product
  1  9 of the annual inflation factor for the 1988 2001
  1 10 calendar year and all annual inflation factors for
  1 11 subsequent calendar years as determined pursuant to
  1 12 this subsection.  The cumulative inflation factor
  1 13 applies to all tax years beginning on or after January
  1 14 1 of the calendar year for which the latest annual
  1 15 inflation factor has been determined.
  1 16    c.  The annual inflation factor for the 1988 2001
  1 17 calendar year is one hundred percent.
  1 18    Sec. 2.  Section 422.5, subsection 1, paragraphs a
  1 19 through i, Code 2001, are amended by striking the
  1 20 paragraphs and inserting in lieu thereof the
  1 21 following:
  1 22    a.  On all taxable income from zero through eight
  1 23 thousand dollars, one and eighty-five hundredths
  1 24 percent.
  1 25    b.  On all taxable income exceeding eight thousand
  1 26 dollars but not exceeding forty thousand dollars, five
  1 27 and three-tenths percent.
  1 28    c.  On all taxable income exceeding forty thousand
  1 29 dollars but not exceeding sixty thousand dollars, six
  1 30 and thirty-five hundredths percent.
  1 31    d.  On all taxable income exceeding sixty thousand
  1 32 dollars, six and six-tenths percent.
  1 33    Sec. 3.  Section 422.5, subsection 1, paragraph j,
  1 34 Code 2001, is amended to read as follows:
  1 35    j.  e.  (1)  The tax imposed upon the taxable
  1 36 income of a nonresident shall be computed by reducing
  1 37 the amount determined pursuant to paragraphs "a"
  1 38 through "i" "d" by the amounts of nonrefundable
  1 39 credits under this division and by multiplying this
  1 40 resulting amount by a fraction of which the
  1 41 nonresident's net income allocated to Iowa, as
  1 42 determined in section 422.8, subsection 2, paragraph
  1 43 "a", is the numerator and the nonresident's total net
  1 44 income computed under section 422.7 is the
  1 45 denominator.  This provision also applies to
  1 46 individuals who are residents of Iowa for less than
  1 47 the entire tax year.
  1 48    (2)  The tax imposed upon the taxable income of a
  1 49 resident shareholder in an S corporation which has in
  1 50 effect for the tax year an election under subchapter S
  2  1 of the Internal Revenue Code and carries on business
  2  2 within and without the state may be computed by
  2  3 reducing the amount determined pursuant to paragraphs
  2  4 "a" through "i" "d" by the amounts of nonrefundable
  2  5 credits under this division and by multiplying this
  2  6 resulting amount by a fraction of which the resident's
  2  7 net income allocated to Iowa, as determined in section
  2  8 422.8, subsection 2, paragraph "b", is the numerator
  2  9 and the resident's total net income computed under
  2 10 section 422.7 is the denominator.  If a resident
  2 11 shareholder has elected to take advantage of this
  2 12 subparagraph, and for the next tax year elects not to
  2 13 take advantage of this subparagraph, the resident
  2 14 shareholder shall not reelect to take advantage of
  2 15 this subparagraph for the three tax years immediately
  2 16 following the first tax year for which the shareholder
  2 17 elected not to take advantage of this subparagraph,
  2 18 unless the director consents to the reelection.  This
  2 19 subparagraph also applies to individuals who are
  2 20 residents of Iowa for less than the entire tax year.
  2 21    This subparagraph shall not affect the amount of
  2 22 the taxpayer's checkoff to the Iowa election campaign
  2 23 fund under section 56.18, the checkoff for the fish
  2 24 and game fund in section 456A.16, the credits from tax
  2 25 provided in sections 422.10, 422.11A, and 422.12 and
  2 26 the allocation of these credits between spouses if the
  2 27 taxpayers filed separate returns or separately on
  2 28 combined returns.
  2 29    Sec. 4.  Section 422.5, subsection 1, paragraph k,
  2 30 Code 2001, is amended by relettering the paragraph as
  2 31 paragraph f.
  2 32    Sec. 5.  Section 422.5, subsection 1, paragraph k,
  2 33 unnumbered paragraph 1, Code 2001, is amended to read
  2 34 as follows:
  2 35    There is imposed upon every resident and
  2 36 nonresident of this state, including estates and
  2 37 trusts, the greater of the tax determined in
  2 38 paragraphs "a" through "j" "e" or the state
  2 39 alternative minimum tax equal to seventy-five percent
  2 40 of the maximum state individual income tax rate for
  2 41 the tax year, rounded to the nearest one-tenth of one
  2 42 percent, of the state alternative minimum taxable
  2 43 income of the taxpayer as computed under this
  2 44 paragraph.
  2 45    Sec. 6.  Section 422.5, subsections 2, 5, and 7,
  2 46 Code 2001, are amended to read as follows:
  2 47    2.  However, the tax shall not be imposed on a
  2 48 resident or nonresident whose net income, as defined
  2 49 in section 422.7, is thirteen thousand five hundred
  2 50 dollars or less in the case of married persons filing
  3  1 jointly or filing separately on a combined return,
  3  2 unmarried heads of household, and surviving spouses or
  3  3 nine ten thousand dollars or less in the case of all
  3  4 other persons; but in the event that the payment of
  3  5 tax under this division would reduce the net income to
  3  6 less than thirteen thousand five hundred dollars or
  3  7 nine ten thousand dollars as applicable, then the tax
  3  8 shall be reduced to that amount which would result in
  3  9 allowing the taxpayer to retain a net income of
  3 10 thirteen thousand five hundred dollars or nine ten
  3 11 thousand dollars as applicable.  The preceding
  3 12 sentence does not apply to estates or trusts.  For the
  3 13 purpose of this subsection, the entire net income,
  3 14 including any part of the net income not allocated to
  3 15 Iowa, shall be taken into account.  For purposes of
  3 16 this subsection, net income includes all amounts of
  3 17 pensions or other retirement income received from any
  3 18 source which is not taxable under this division as a
  3 19 result of the government pension exclusions in section
  3 20 422.7, or any other state law.  If the combined net
  3 21 income of a husband and wife exceeds thirteen thousand
  3 22 five hundred dollars, neither of them shall receive
  3 23 the benefit of this subsection, and it is immaterial
  3 24 whether they file a joint return or separate returns.
  3 25 However, if a husband and wife file separate returns
  3 26 and have a combined net income of thirteen thousand
  3 27 five hundred dollars or less, neither spouse shall
  3 28 receive the benefit of this paragraph, if one spouse
  3 29 has a net operating loss and elects to carry back or
  3 30 carry forward the loss as provided in section 422.9,
  3 31 subsection 3.  A person who is claimed as a dependent
  3 32 by another person as defined in section 422.12 shall
  3 33 not receive the benefit of this subsection if the
  3 34 person claiming the dependent has net income exceeding
  3 35 thirteen thousand five hundred dollars or nine ten
  3 36 thousand dollars as applicable or the person claiming
  3 37 the dependent and the person's spouse have combined
  3 38 net income exceeding thirteen thousand five hundred
  3 39 dollars or nine ten thousand dollars as applicable.
  3 40    In addition, if the married persons', filing
  3 41 jointly or filing separately on a combined return,
  3 42 unmarried head of household's, or surviving spouse's
  3 43 net income exceeds thirteen thousand five hundred
  3 44 dollars, the regular tax imposed under this division
  3 45 shall be the lesser of the maximum state individual
  3 46 income tax rate times the portion of the net income in
  3 47 excess of thirteen thousand five hundred dollars or
  3 48 the regular tax liability computed without regard to
  3 49 this sentence.  Taxpayers electing to file separately
  3 50 shall compute the alternate tax described in this
  4  1 paragraph using the total net income of the husband
  4  2 and wife.  The alternate tax described in this
  4  3 paragraph does not apply if one spouse elects to carry
  4  4 back or carry forward the loss as provided in section
  4  5 422.9, subsection 3.
  4  6    5.  Upon determination of the latest cumulative
  4  7 inflation factor, the director shall multiply each
  4  8 dollar amount set forth in subsection 1, paragraphs
  4  9 "a" through "i" "d" of this section by this cumulative
  4 10 inflation factor, shall round off the resulting
  4 11 product to the nearest one dollar, and shall
  4 12 incorporate the result into the income tax forms and
  4 13 instructions for each tax year.
  4 14    7.  In addition to the other taxes imposed by this
  4 15 section, a tax is imposed on the amount of a lump sum
  4 16 distribution for which the taxpayer has elected under
  4 17 section 402(e) of the Internal Revenue Code to be
  4 18 separately taxed for federal income tax purposes for
  4 19 the tax year.  The rate of tax is equal to twenty-five
  4 20 percent of the separate federal tax imposed on the
  4 21 amount of the lump sum distribution.  A nonresident is
  4 22 liable for this tax only on that portion of the lump
  4 23 sum distribution allocable to Iowa.  The total amount
  4 24 of the lump sum distribution subject to separate
  4 25 federal tax shall be included in net income for
  4 26 purposes of determining eligibility under the thirteen
  4 27 thousand five hundred dollar or less or nine ten
  4 28 thousand dollar or less exclusion, as applicable.
  4 29    Sec. 7.  Section 422.8, subsection 2, paragraph a,
  4 30 Code 2001, is amended to read as follows:
  4 31    a.  Nonresident's net income allocated to Iowa is
  4 32 the net income, or portion of net income, which is
  4 33 derived from a business, trade, profession, or
  4 34 occupation carried on within this state or income from
  4 35 any property, trust, estate, or other source within
  4 36 Iowa.  However, income derived from a business, trade,
  4 37 profession, or occupation carried on within this state
  4 38 and income from any property, trust, estate, or other
  4 39 source within Iowa shall not include distributions
  4 40 from pensions, including defined benefit or defined
  4 41 contribution plans, annuities, individual retirement
  4 42 accounts, and deferred compensation plans or any
  4 43 earnings attributable thereto so long as the
  4 44 distribution is directly related to an individual's
  4 45 documented retirement and received while the
  4 46 individual is a nonresident of this state.  If a
  4 47 business, trade, profession, or occupation is carried
  4 48 on partly within and partly without the state, only
  4 49 the portion of the net income which is fairly and
  4 50 equitably attributable to that part of the business,
  5  1 trade, profession, or occupation carried on within the
  5  2 state is allocated to Iowa for purposes of section
  5  3 422.5, subsection 1, paragraph "j" "e", and section
  5  4 422.13 and income from any property, trust, estate, or
  5  5 other source partly within and partly without the
  5  6 state is allocated to Iowa in the same manner, except
  5  7 that annuities, interest on bank deposits and
  5  8 interest-bearing obligations, and dividends are
  5  9 allocated to Iowa only to the extent to which they are
  5 10 derived from a business, trade, profession, or
  5 11 occupation carried on within the state.
  5 12    Sec. 8.  Section 422.8, subsection 4, Code 2001, is
  5 13 amended to read as follows:
  5 14    4.  The amount of minimum tax paid to another state
  5 15 or foreign country by a resident taxpayer of this
  5 16 state from preference items derived from sources
  5 17 outside of Iowa shall be allowed as a credit against
  5 18 the tax computed under this division except that the
  5 19 credit shall not exceed what the amount of state
  5 20 alternative minimum tax would have been on the same
  5 21 preference items which were taxed by the other state
  5 22 or foreign country.  The limitation on this credit
  5 23 shall be computed according to the following formula:
  5 24 The total of preference items earned outside of Iowa
  5 25 and taxed by another state or foreign country shall be
  5 26 divided by the total of preference items of the
  5 27 resident taxpayer of Iowa.  In computing this
  5 28 quotient, those items excludable under section 422.5,
  5 29 subsection 1, paragraph "k" "f", subparagraph (1)
  5 30 shall not be used in computing the preference items.
  5 31 This quotient multiplied times the net state
  5 32 alternative minimum tax as determined in section
  5 33 422.5, subsection 1, paragraph "k" "f" on the total of
  5 34 preference items as if entirely earned in Iowa shall
  5 35 be the maximum tax credit against the Iowa alternative
  5 36 minimum tax.  However, the maximum tax credit will not
  5 37 be allowed to the extent that the minimum tax imposed
  5 38 by the other state or foreign country is less than the
  5 39 maximum tax credit computed above.
  5 40    Sec. 9.  Section 422.9, subsection 1, Code 2001, as
  5 41 amended by 2001 Iowa Acts, Senate File 350, section
  5 42 22, is amended to read as follows:
  5 43    1.  An optional standard deduction, after deduction
  5 44 of federal income tax, equal to one thousand two
  5 45 hundred thirty dollars for a married person who files
  5 46 separately or a single person or equal to three
  5 47 thousand thirty dollars for a husband and wife who
  5 48 file a joint return, a surviving spouse, or an
  5 49 unmarried head of household.  The optional standard
  5 50 deduction shall not exceed the amount remaining after
  6  1 deduction of the federal income tax.  The amount of
  6  2 federal income taxes deducted shall not exceed the
  6  3 amount as computed under subsection 2, paragraph "b".
  6  4    Sec. 10.  Section 422.9, subsection 2, paragraph b,
  6  5 Code 2001, as amended by 2001 Iowa Acts, Senate File
  6  6 350, section 22, is amended by striking the paragraph
  6  7 and inserting in lieu thereof the following:
  6  8    b.  Add the amount of federal income taxes paid or
  6  9 accrued, as the case may be, to the extent the federal
  6 10 tax payment is for a tax year beginning prior to
  6 11 January 1, 2001.  Subtract the amount of federal
  6 12 income tax refunds received in a tax year to the
  6 13 extent that the federal income tax was deducted on an
  6 14 Iowa individual income tax return for a tax year
  6 15 beginning prior to January 1, 2001.
  6 16    Sec. 11.  Section 422.11B, Code 2001, is amended to
  6 17 read as follows:
  6 18    422.11B  MINIMUM TAX CREDIT.
  6 19    1.  There is allowed as a credit against the tax
  6 20 determined in section 422.5, subsection 1, paragraphs
  6 21 "a" through "j" "e" for a tax year an amount equal to
  6 22 the minimum tax credit for that tax year.
  6 23    The minimum tax credit for a tax year is the
  6 24 excess, if any, of the adjusted net minimum tax
  6 25 imposed for all prior tax years beginning on or after
  6 26 January 1, 1987, over the amount allowable as a credit
  6 27 under this section for those prior tax years.
  6 28    2.  The allowable credit under subsection 1 for a
  6 29 tax year shall not exceed the excess, if any, of the
  6 30 tax determined in section 422.5, subsection 1,
  6 31 paragraphs "a" through "j" "e" over the state
  6 32 alternative minimum tax as determined in section
  6 33 422.5, subsection 1, paragraph "k" "f".
  6 34    The net minimum tax for a tax year is the excess,
  6 35 if any, of the tax determined in section 422.5,
  6 36 subsection 1, paragraph "k" "f" for the tax year over
  6 37 the tax determined in section 422.5, subsection 1,
  6 38 paragraphs "a" through "j" "e" for the tax year.
  6 39    The adjusted net minimum tax for a tax year is the
  6 40 net minimum tax for the tax year reduced by the amount
  6 41 which would be the net minimum tax if the only item of
  6 42 tax preference taken into account was that described
  6 43 in paragraph (6) of section 57(a) of the Internal
  6 44 Revenue Code.
  6 45    Sec. 12.  Section 422.13, subsection 1, paragraph
  6 46 c, Code 2001, as amended by 2001 Iowa Acts, Senate
  6 47 File 140, section 7, is amended to read as follows:
  6 48    c.  However, if that part of the net income of a
  6 49 nonresident which is allocated to Iowa pursuant to
  6 50 section 422.8, subsection 2, is less than one thousand
  7  1 dollars the nonresident is not required to make and
  7  2 sign a return except when the nonresident is subject
  7  3 to the state alternative minimum tax imposed pursuant
  7  4 to section 422.5, subsection 1, paragraph "k" "f".
  7  5    Sec. 13.  Section 422.13, subsection 1A, Code 2001,
  7  6 as amended by 2001, Iowa Acts, Senate File 140,
  7  7 section 7, is amended to read as follows:
  7  8    1A.  Notwithstanding any other provision in this
  7  9 section, a resident of this state is not required to
  7 10 make and file a return if the person's net income is
  7 11 equal to or less than the appropriate dollar amount
  7 12 listed in section 422.5, subsection 2, upon which tax
  7 13 is not imposed.  A nonresident of this state is not
  7 14 required to make and file a return if the person's
  7 15 total net income in section 422.5, subsection 1,
  7 16 paragraph "j" "e", is equal to or less than the
  7 17 appropriate dollar amount provided in section 422.5,
  7 18 subsection 2, upon which tax is not imposed.  For
  7 19 purposes of this subsection, the amount of a lump sum
  7 20 distribution subject to separate federal tax shall be
  7 21 included in net income for purposes of determining if
  7 22 a resident is required to file a return and the
  7 23 portion of the lump sum distribution that is allocable
  7 24 to Iowa is included in total net income for purposes
  7 25 of determining if a nonresident is required to make
  7 26 and file a return.
  7 27    Sec. 14.  Section 422.21, unnumbered paragraph 5,
  7 28 Code 2001, is amended to read as follows:
  7 29    The director shall determine for the 1989 2002
  7 30 calendar year and each subsequent calendar year the
  7 31 annual and cumulative inflation factors for each
  7 32 calendar year to be applied to tax years beginning on
  7 33 or after January 1 of that calendar year.  The
  7 34 director shall compute the new dollar amounts as
  7 35 specified to be adjusted in section 422.5 by the
  7 36 latest cumulative inflation factor and round off the
  7 37 result to the nearest one dollar.  The annual and
  7 38 cumulative inflation factors determined by the
  7 39 director are not rules as defined in section 17A.2,
  7 40 subsection 11.  The director shall determine for the
  7 41 1990 calendar year and each subsequent calendar year
  7 42 the annual and cumulative standard deduction factors
  7 43 to be applied to tax years beginning on or after
  7 44 January 1 of that calendar year.  The director shall
  7 45 compute the new dollar amounts of the standard
  7 46 deductions specified in section 422.9, subsection 1,
  7 47 by the latest cumulative standard deduction factor and
  7 48 round off the result to the nearest ten dollars.  The
  7 49 annual and cumulative standard deduction factors
  7 50 determined by the director are not rules as defined in
  8  1 section 17A.2, subsection 11.
  8  2    Sec. 15.  EFFECTIVE AND APPLICABILITY DATES.
  8  3    This Act, being deemed of immediate importance,
  8  4 takes effect upon enactment and applies retroactively
  8  5 to January 1, 2001, for tax years beginning on or
  8  6 after that date."
  8  7    #2.  Title page, by striking lines 1 through 3 and
  8  8 inserting the following:  "An Act relating to the
  8  9 individual income tax by eliminating the deduction for
  8 10 federal income taxes paid, decreasing the tax rates,
  8 11 increasing the amount of the net income exclusion for
  8 12 single individuals, and including effective and
  8 13 retroactive applicability date provisions." 
  8 14 
  8 15 
  8 16                               
  8 17 PATRICIA HARPER 
  8 18 
  8 19 
  8 20                               
  8 21 JOHNIE HAMMOND 
  8 22 
  8 23 
  8 24                               
  8 25 MATT McCOY 
  8 26 
  8 27 
  8 28                               
  8 29 BETTY A. SOUKUP 
  8 30 
  8 31 
  8 32                               
  8 33 TOM FLYNN 
  8 34 
  8 35                               
  8 36 PATRICK J. DELUHERY 
  8 37 
  8 38 
  8 39                               
  8 40 MIKE CONNOLLY 
  8 41 
  8 42                               
  8 43 JOE BOLKCOM 
  8 44 
  8 45 
  8 46                               
  8 47 ROBERT E. DVORSKY
  8 48 
  8 49 
  8 50                               
  9  1 MICHAEL E. GRONSTAL 
  9  2 HF 757.702 79
  9  3 mg/cls
     

Text: S03715                            Text: S03717
Text: S03700 - S03799                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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