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Senate File 365

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  422.12F  ELDERLY DEPENDENT CARE
  1  2 TAX CREDIT.
  1  3    1.  The taxes imposed under this division, less the credit
  1  4 allowed under section 422.12 and other nonrefundable credits,
  1  5 shall be reduced by an elderly dependent care tax credit for a
  1  6 taxpayer that provides household services and care for a
  1  7 qualifying individual.  The amount of the credit shall be
  1  8 computed as follows:
  1  9    a.  Calculate a provisional credit equal to the product of
  1 10 the applicable percentage and the household services and care
  1 11 expenses.
  1 12    b.  Calculate the actual credit as follows:
  1 13    (1)  For a taxpayer with net income of less than ten
  1 14 thousand dollars, seventy-five percent of the provisional
  1 15 credit.
  1 16    (2)  For a taxpayer with net income of ten thousand dollars
  1 17 or more but less than twenty thousand dollars, sixty-five
  1 18 percent of the provisional credit.
  1 19    (3)  For a taxpayer with net income of twenty thousand
  1 20 dollars or more but less than twenty-five thousand dollars,
  1 21 fifty-five percent of the provisional credit.
  1 22    (4)  For a taxpayer with net income of twenty-five thousand
  1 23 dollars or more but less than thirty-five thousand dollars,
  1 24 fifty percent of the provisional credit.
  1 25    (5)  For a taxpayer with net income of thirty-five thousand
  1 26 dollars or more but less than forty thousand dollars, forty
  1 27 percent of the provisional credit.
  1 28    (6)  For a taxpayer with net income of forty thousand
  1 29 dollars or more, zero percent of the provisional credit.
  1 30    2.  For purposes of this section:
  1 31    a.  "Applicable percentage" means the same as defined in
  1 32 section 21(a)(2) of the Internal Revenue Code.
  1 33    b.  "Household services and care expenses" equals two
  1 34 thousand four hundred dollars if there is only one qualifying
  1 35 individual, and four thousand eight hundred dollars if there
  2  1 are two or more qualifying individuals.
  2  2    c.  "Qualifying individual" means an individual who is
  2  3 sixty-two years of age or older and is claimed as a dependent
  2  4 by the taxpayer.
  2  5    3.  Any credit in excess of the tax liability shall be
  2  6 refunded.  In lieu of claiming a refund, a taxpayer may elect
  2  7 to have the overpayment shown on the taxpayer's final,
  2  8 completed return credited to the tax liability for the
  2  9 following taxable year.
  2 10    4.  Married taxpayers electing to file separate returns or
  2 11 to file separately on a combined return form must determine
  2 12 the elderly dependent care tax credit under subsection 1 based
  2 13 upon their combined net income and allocate the total credit
  2 14 amount to each spouse in the proportion that each spouse's
  2 15 respective net income bears to the total combined net income.
  2 16 Nonresidents or part-year residents of Iowa must determine
  2 17 their elderly dependent care tax credit in the ratio of their
  2 18 Iowa source net income to their all source net income.
  2 19 Nonresidents or part-year residents who are married and elect
  2 20 to file separate returns or to file separately on a combined
  2 21 return form must allocate the elderly dependent care tax
  2 22 credit between the spouses in the ratio of each spouse's Iowa
  2 23 source net income to the combined Iowa source net income of
  2 24 the taxpayers.
  2 25    5.  A taxpayer shall not claim the Iowa child and dependent
  2 26 care credit and elderly dependent care tax credit for the same
  2 27 individual.
  2 28    Sec. 2.  RETROACTIVE APPLICABILITY.  This Act applies
  2 29 retroactively to January 1, 2001, for tax years beginning on
  2 30 or after that date.  
  2 31                           EXPLANATION
  2 32    This bill provides a refundable tax credit under the
  2 33 individual income tax for a taxpayer who provides household
  2 34 services and care for a dependent who is 62 years or older.
  2 35 The computation of the amount of the credit is patterned after
  3  1 the method for computing the federal credit available for
  3  2 persons who incurred expenses for household and dependent care
  3  3 services so that they may be gainfully employed and patterned
  3  4 after Iowa's child and dependent care credit, which is a
  3  5 percentage of that federal credit.  A taxpayer may not claim
  3  6 the elderly dependent care tax credit and the Iowa child and
  3  7 dependent care credit for the same individual.
  3  8    The bill applies retroactively to January 1, 2001, for tax
  3  9 years beginning on or after that date.  
  3 10 LSB 2996SS 79
  3 11 mg/cls/14
     

Text: SF00364                           Text: SF00366
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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