Text: H08351                            Text: H08353
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House Amendment 8352

Amendment Text

PAG LIN
  1  1    Amend Senate File 449, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  By striking everything after the enacting
  1  4 clause and inserting the following:
  1  5    "Section 1.  NEW SECTION.  422.11J  WIND ENERGY
  1  6 PRODUCTION TAX CREDIT.
  1  7    The taxes imposed under this division, less the
  1  8 credits allowed under sections 422.12 and 422.12B,
  1  9 shall be reduced by a wind energy production tax
  1 10 credit allowed under chapter 476B.
  1 11    Sec. 2.  Section 422.33, Code Supplement 2003, is
  1 12 amended by adding the following new subsection:
  1 13    NEW SUBSECTION.  16.  The taxes imposed under this
  1 14 division shall be reduced by a wind energy production
  1 15 tax credit allowed under chapter 476B.
  1 16    Sec. 3.  Section 422.60, Code Supplement 2003, is
  1 17 amended by adding the following new subsection:
  1 18    NEW SUBSECTION.  9.  The taxes imposed under this
  1 19 division shall be reduced by a wind energy production
  1 20 tax credit allowed under chapter 476B.
  1 21    Sec. 4.  NEW SECTION.  432.12E  WIND ENERGY
  1 22 PRODUCTION TAX CREDIT.
  1 23    The taxes imposed under this chapter shall be
  1 24 reduced by a wind energy production tax credit allowed
  1 25 under chapter 476B.
  1 26    Sec. 5.  NEW SECTION.  476B.1  DEFINITIONS.
  1 27    For purposes of this chapter, unless the context
  1 28 otherwise requires:
  1 29    1.  "Board" means the utilities board within the
  1 30 utilities division of the department of commerce.
  1 31    2.  "Department" means the department of revenue.
  1 32    3.  "Qualified electricity" means electricity
  1 33 produced from wind at a qualified facility.
  1 34    4.  "Qualified facility" means an electrical
  1 35 production facility that meets all of the following:
  1 36    a.  Produces electricity from wind.
  1 37    b.  Is located in Iowa.
  1 38    c.  Was originally placed in service on or after
  1 39 July 1, 2004, but before July 1, 2007.
  1 40    Sec. 6.  NEW SECTION.  476B.2  GENERAL RULE.
  1 41    The owner of a qualified facility shall, for each
  1 42 kilowatt-hour of qualified electricity that the owner
  1 43 sells during the ten-year period beginning on the date
  1 44 the qualified facility was originally placed in
  1 45 service, be allowed a wind energy production tax
  1 46 credit to the extent provided in this chapter against
  1 47 the tax imposed in chapter 422, divisions II, III, and
  1 48 V, and chapter 432.
  1 49    Sec. 7.  NEW SECTION.  476B.3  CREDIT AMOUNT.
  1 50    The wind energy production tax credit allowed under
  2  1 this chapter equals the product of one cent multiplied
  2  2 by the number of kilowatt-hours of qualified
  2  3 electricity sold by the owner during the taxable year.
  2  4    Sec. 8.  NEW SECTION.  476B.4  LIMITATIONS.
  2  5    1.  a.  The wind energy production tax credit shall
  2  6 not be allowed for any kilowatt-hour of electricity
  2  7 produced on wind energy conversion property for which
  2  8 the owner has claimed or otherwise received for that
  2  9 property the benefit of special valuation under
  2 10 section 427B.26 or section 441.21, subsection 8, or
  2 11 the exemption from retail sales tax under section
  2 12 422.45, subsection 48, or section 423.3, subsection
  2 13 53, as applicable.
  2 14    b.  The disallowance of the tax credit pursuant to
  2 15 paragraph "a" does not apply to an owner of a
  2 16 qualified facility that owns, directly or indirectly,
  2 17 in the aggregate, a total annual turbine nameplate
  2 18 capacity of all such property of less than one
  2 19 megawatt.
  2 20    2.  The wind energy production tax credit shall not
  2 21 be allowed for any kilowatt-hour of electricity that
  2 22 is sold to a related person.  For purpose of this
  2 23 subsection, persons shall be treated as related to
  2 24 each other if such persons would be treated as a
  2 25 single employer under the regulations prescribed under
  2 26 section 52(b) of the Internal Revenue Code.  In the
  2 27 case of a corporation that is a member of an
  2 28 affiliated group of corporations filing a consolidated
  2 29 return, such corporation shall be treated as selling
  2 30 electricity to an unrelated person if such electricity
  2 31 is sold to such a person by another member of such
  2 32 group.
  2 33    Sec. 9.  NEW SECTION.  476B.5  APPLICATION FOR TAX
  2 34 CREDIT CERTIFICATES.
  2 35    1.  a.  To be eligible to receive the wind energy
  2 36 production tax credit, the owner must first receive
  2 37 approval of the board of supervisors of the county in
  2 38 which the qualified facility is located.  The
  2 39 application for approval may be submitted prior to
  2 40 commencement of the construction of the qualified
  2 41 facility but shall be submitted no later than the
  2 42 close of the owner's first taxable year for which the
  2 43 credit is to be applied for.  The application must
  2 44 contain the owner's name and address, the address of
  2 45 the qualified facility, and the dates of the owner's
  2 46 first and last taxable years for which the credit will
  2 47 be applied for.  Within forty-five days of the receipt
  2 48 of the application for approval, the board of
  2 49 supervisors shall either approve or disapprove the
  2 50 application.  After the forty-five-day limit, the
  3  1 application is deemed to be approved.
  3  2    b.  Upon approval of the application, the owner may
  3  3 apply for the tax credit as provided in subsection 2.
  3  4 In addition, approval of the application is approval
  3  5 by the board of supervisors for the payment of the
  3  6 property taxes levied on the qualified property to the
  3  7 state.  The property taxes to be paid to the state are
  3  8 those property taxes which make up the consolidated
  3  9 tax levied on the qualified facility and which are due
  3 10 and payable in the twelve-year period beginning with
  3 11 the first fiscal year beginning on or after the end of
  3 12 the owner's first taxable year for which the credit is
  3 13 applied for.  Upon approval of the application, the
  3 14 board of supervisors shall notify the county treasurer
  3 15 to state on the tax statement which lists the taxes on
  3 16 the qualified facility that the amount of the property
  3 17 taxes shall be paid to the department.  Payment of the
  3 18 designated property taxes to the department shall be
  3 19 in the same manner as required for the payment of
  3 20 regular property taxes and failure to pay designated
  3 21 property taxes to the department shall be treated the
  3 22 same as failure to pay property taxes to the county
  3 23 treasurer.
  3 24    c.  Once the owner of the qualified facility
  3 25 receives approval under paragraph "a", subsequent
  3 26 approval under paragraph "a" is not required for the
  3 27 same qualified facility for subsequent taxable years.
  3 28    2.  To receive the wind energy production tax
  3 29 credit, an owner of the qualified facility must submit
  3 30 an application for a tax credit certificate to the
  3 31 board not later than thirty days after the close of
  3 32 the taxable year for which the credit is applied for.
  3 33 The owner's application must contain, but need not be
  3 34 limited to, all of the following information:  the
  3 35 owner's name, tax identification number, and address,
  3 36 the number of kilowatt-hours of qualified electricity
  3 37 sold by the owner during the preceding taxable year,
  3 38 the address of the qualified facility at which the
  3 39 qualified electricity was produced, and the
  3 40 denomination that each tax credit certificate is to
  3 41 carry.  For the first taxable year for which the
  3 42 credit is applied for, there shall be attached to the
  3 43 application a notarized copy of the board of
  3 44 supervisors' approval as required in subsection 1.
  3 45    3.  The board shall, in conjunction with the
  3 46 department, prescribe appropriate forms, including
  3 47 board of supervisors' approval forms, and instructions
  3 48 to enable owners to claim the tax credit allowed under
  3 49 this chapter.  If the board prescribes these forms and
  3 50 instructions, an owner's application for a tax credit
  4  1 certificate shall not be valid unless made on and in
  4  2 accordance with these forms and instructions.
  4  3    Sec. 10.  NEW SECTION.  476B.6  ISSUANCE OF TAX
  4  4 CREDIT CERTIFICATES.
  4  5    1.  If the owner meets the criteria for eligibility
  4  6 for the wind energy production tax credit, the board
  4  7 shall determine the validity of the application and if
  4  8 valid, shall approve the application for credit.  Once
  4  9 approval of the credit for a qualified facility is
  4 10 granted, subsequent approval is not required for the
  4 11 same qualified facility.  However, application is
  4 12 required to be filed as provided in section 476B.5,
  4 13 subsection 2, for purposes of the issuance of credit
  4 14 certificates.  The board shall issue one or more tax
  4 15 credit certificates to the owner not later than thirty
  4 16 days after the application is submitted to the board.
  4 17 Each tax credit certificate must contain the owner's
  4 18 name, address, and tax identification number, amount
  4 19 of tax credits, the first taxable year the
  4 20 certificates may be used, which shall not be for a
  4 21 taxable year beginning prior to July 1, 2005, and the
  4 22 expiration date of the tax credit certificate, which
  4 23 shall be seven years from its date of issuance and any
  4 24 other information required by the department.  Once
  4 25 issued by the board, the tax credit certificate shall
  4 26 be binding on the board and the department and shall
  4 27 not be modified, terminated, or rescinded.  The board
  4 28 shall notify the department and identify the qualified
  4 29 facility for which the owner received tax credit
  4 30 certificates that property taxes levied on the
  4 31 qualified facility are to be paid to the department.
  4 32    2.  If the tax credit application is filed by a
  4 33 partnership, limited liability company, S corporation,
  4 34 estate, trust, or other reporting entity all of the
  4 35 income of which is taxed directly to its equity
  4 36 holders or beneficiaries, the tax credit certificate
  4 37 may, at the election of the owner, be issued directly
  4 38 to equity holders or beneficiaries of the owner in
  4 39 proportion to their pro rata share of the income of
  4 40 such entity.  If the owner elects to have the tax
  4 41 credit certificate issued directly to its equity
  4 42 holders or beneficiaries, the owner must, in the
  4 43 application made under section 476B.5, identify its
  4 44 equity holders or beneficiaries, and the amount of
  4 45 such entity's income that is allocable to each equity
  4 46 holder or beneficiary.
  4 47    Sec. 11.  NEW SECTION.  476B.7  TRANSFER OF TAX
  4 48 CREDIT CERTIFICATES.
  4 49    Wind energy production tax credit certificates
  4 50 issued under this chapter may be transferred to any
  5  1 person or entity.  Within thirty days of transfer, the
  5  2 transferee must submit the transferred tax credit
  5  3 certificate to the board along with a statement
  5  4 containing the transferee's name, tax identification
  5  5 number, and address, and the denomination that each
  5  6 replacement tax credit certificate is to carry and any
  5  7 other information required by the department.  Within
  5  8 thirty days of receiving the transferred tax credit
  5  9 certificate and the transferee's statement, the board
  5 10 shall issue one or more replacement tax credit
  5 11 certificates to the transferee.  Each replacement
  5 12 certificate must contain the information required
  5 13 under section 476B.6 and must have the same effective
  5 14 taxable year and the same expiration date that
  5 15 appeared in the transferred tax credit certificate.
  5 16 Tax credit certificate amounts of less than the
  5 17 minimum amount established by rule of the board shall
  5 18 not be transferable.  A tax credit shall not be
  5 19 claimed by a transferee under this chapter until a
  5 20 replacement tax credit certificate identifying the
  5 21 transferee as the proper holder has been issued.
  5 22    The tax credit shall only be transferred once.  The
  5 23 transferee may use the amount of the tax credit
  5 24 transferred against the taxes imposed under chapter
  5 25 422, divisions II, III, and V, and chapter 432 for any
  5 26 tax year the original transferor could have claimed
  5 27 the tax credit.  Any consideration received for the
  5 28 transfer of the tax credit shall not be included as
  5 29 income under chapter 422, divisions II, III, and V.
  5 30 Any consideration paid for the transfer of the tax
  5 31 credit shall not be deducted from income under chapter
  5 32 422, divisions II, III, and V.
  5 33    Sec. 12.  NEW SECTION.  476B.8  USE OF TAX CREDIT
  5 34 CERTIFICATES.
  5 35    To claim a wind energy production tax credit under
  5 36 this chapter, a taxpayer must attach one or more tax
  5 37 credit certificates to the taxpayer's tax return.  A
  5 38 tax credit certificate shall not be used or attached
  5 39 to a return filed for a taxable year beginning prior
  5 40 to July 1, 2005.  The tax credit certificate or
  5 41 certificates attached to the taxpayer's tax return
  5 42 shall be issued in the taxpayer's name, expire on or
  5 43 after the last day of the taxable year for which the
  5 44 taxpayer is claiming the tax credit, and show a tax
  5 45 credit amount equal to or greater than the tax credit
  5 46 claimed on the taxpayer's tax return.  Any tax credit
  5 47 in excess of the taxpayer's tax liability for the
  5 48 taxable year may be credited to the taxpayer's tax
  5 49 liability for the following seven taxable years or
  5 50 until depleted, whichever is the earlier.
  6  1    Sec. 13.  NEW SECTION.  476B.9  REGISTRATION OF TAX
  6  2 CREDIT CERTIFICATES.
  6  3    The board shall, in conjunction with the
  6  4 department, develop a system for the registration of
  6  5 the wind energy production tax credit certificates
  6  6 issued or transferred under this chapter and a system
  6  7 that permits verification that any tax credit claimed
  6  8 on a tax return is valid and that transfers of the tax
  6  9 credit certificates are made in accordance with the
  6 10 requirements of this chapter.  The tax credit
  6 11 certificates issued under this chapter shall not be
  6 12 classified as a security pursuant to chapter 502.
  6 13    Sec. 14.  EFFECTIVE AND APPLICABILITY DATES.  This
  6 14 Act, being deemed of immediate importance, takes
  6 15 effect upon enactment and applies retroactively to
  6 16 taxable years beginning on or after January 1, 2004."
  6 17    #2.  Title page, by striking lines 3 and 4 and
  6 18 inserting the following:  "insurance premiums tax,
  6 19 providing for certain property taxes to be paid to the
  6 20 state, and including effective and applicability date
  6 21 provisions." 
  6 22 
  6 23 
  6 24                               
  6 25 COMMITTEE ON WAYS AND MEANS
  6 26 J. K. VAN FOSSEN of Scott, Chairperson
  6 27 SF 449.706 80
  6 28 mg/gg
     

Text: H08351                            Text: H08353
Text: H08300 - H08399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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