Text: SSB03179                          Text: SSB03181
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index



Senate Study Bill 3180

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  422.24A  START-UP BUSINESS TAX
  1  2 DEFERMENT.
  1  3    1.  For purposes of this section, "start-up business" does
  1  4 not include any of the following:
  1  5    a.  An existing business locating in this state from
  1  6 another state or from another location in this state.
  1  7    b.  A newly created business which is the result of the
  1  8 merger of two or more businesses.
  1  9    c.  A newly created subsidiary of a corporation.
  1 10    d.  A previously existing business which has been dissolved
  1 11 and reincorporated.
  1 12    e.  An existing business operating under a different name
  1 13 and located in a different location.
  1 14    f.  A newly created partnership owned by many of the same
  1 15 partners as an existing business and engaging in similar
  1 16 business activity as the existing business.
  1 17    g.  A business entity that reorganizes or experiences a
  1 18 change in either the legal or trade name of the business.
  1 19    h.  A joint venture.
  1 20    2.  In order to qualify for a deferment of taxable income
  1 21 and the tax to be imposed on it pursuant to this section, a
  1 22 taxpayer must meet all of the following criteria:
  1 23    a.  The taxpayer is a business that is a wholly new start-
  1 24 up business beginning operations during the first tax year for
  1 25 which the deferment of taxable income is claimed.
  1 26    b.  The business has its commercial domicile, as defined in
  1 27 section 422.32, in the state.
  1 28    c.  The operations of the business are at least twenty-five
  1 29 percent funded by venture capital moneys.
  1 30    d.  The taxpayer does not have any delinquent taxes
  1 31 outstanding and owed to the state.
  1 32    3.  A taxpayer meeting the criteria provided in subsection
  1 33 2 may submit a request to the department for the deferment of
  1 34 taxable income for the first three tax years that the taxpayer
  1 35 business is in operation.  If a deferment is approved by the
  2  1 department pursuant to subsection 4, the taxpayer shall pay
  2  2 taxes on the deferred taxable income in five equal annual
  2  3 installments during the five tax years following the three
  2  4 years of taxable income deferment.  Section 422.26 shall apply
  2  5 if the taxpayer refuses or neglects to pay the taxes owed on
  2  6 the deferred taxable income in the manner provided in this
  2  7 section.  A taxpayer receiving a deferment shall file a return
  2  8 for each tax year in which a deferment is approved.  If the
  2  9 taxpayer has a net loss during a tax year during the three-
  2 10 year period in which taxable income is deferred, the loss may
  2 11 be applied to any deferred taxable income during that period.
  2 12    4.  Upon a determination that the criteria provided in
  2 13 subsection 2 have been met, the department shall approve a
  2 14 request for deferment of taxable income.
  2 15    5.  For purposes of assessing penalty and interest, the tax
  2 16 on any deferred taxable income is not due and payable until
  2 17 the tax years in which the annual installments as provided in
  2 18 subsection 3 are due and payable.
  2 19    6.  The department shall adopt rules pursuant to chapter
  2 20 17A necessary for the administration of this section.
  2 21    Sec. 2.  EFFECTIVE AND APPLICABILITY DATES.  This Act,
  2 22 being deemed of immediate importance, takes effect upon
  2 23 enactment and is retroactively applicable to January 1, 2002.  
  2 24                           EXPLANATION
  2 25    This bill relates to certain businesses deferring taxable
  2 26 income.
  2 27    The bill provides that start-up business meeting certain
  2 28 criteria may submit a request to the department of revenue and
  2 29 finance for the deferment of taxable income and the tax on it
  2 30 for the first three years that the business is in operation.
  2 31 The bill provides that if a deferment is approved, the
  2 32 taxpayer shall pay taxes owed on the deferred income in five
  2 33 equal annual installments during the five tax years following
  2 34 the three years of income deferment.  The bill provides that
  2 35 the taxpayer shall file a return for each tax year in which a
  3  1 deferment is approved.  The bill provides that net losses
  3  2 during the three-year deferment period may be applied to any
  3  3 deferred income.  The bill provides that the department shall
  3  4 approve a request for deferment if the business is a wholly
  3  5 new start-up business beginning operations during the first
  3  6 tax year for which the income deferment is claimed, the
  3  7 business has its commercial domicile in the state, the
  3  8 operations of the business are at least 25 percent funded by
  3  9 venture capital moneys, and the taxpayer does not have any
  3 10 delinquent taxes outstanding and owed to the state.  Penalty
  3 11 and interest are not to be assessed until after the tax on the
  3 12 deferred income is due and payable.  The bill provides that
  3 13 the department shall adopt rules necessary for the
  3 14 administration of the deferment program.
  3 15    The bill takes effect upon enactment and is retroactively
  3 16 applicable to January 1, 2002.  
  3 17 LSB 5447SC 79
  3 18 tm/sh/8
     

Text: SSB03179                          Text: SSB03181
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home index


© 2002 Cornell College and League of Women Voters of Iowa


Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Thu Feb 28 03:35:53 CST 2002
URL: /DOCS/GA/79GA/Legislation/SSB/03100/SSB03180/020227.html
jhf