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House File 24

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 422.7, subsection 31, Code 2003, is
  1  2 amended to read as follows:
  1  3    31.  For a person who is disabled, or is fifty-five years
  1  4 of age or older, or is the surviving spouse of an individual
  1  5 or a survivor having an insurable interest in an individual
  1  6 who would have qualified for the exemption under this
  1  7 subsection for the tax year, subtract, to the extent included,
  1  8 the total amount of a governmental or other pension or
  1  9 retirement pay, including, but not limited to, defined benefit
  1 10 or defined contribution plans, annuities, individual
  1 11 retirement accounts, plans maintained or contributed to by an
  1 12 employer, or maintained or contributed to by a self-employed
  1 13 person as an employer, and deferred compensation plans or any
  1 14 earnings attributable to the deferred compensation plans, up
  1 15 to a maximum of six thousand dollars for a person, other than
  1 16 a husband or wife, who files a separate state income tax
  1 17 return and up to a maximum of twelve thousand dollars for a
  1 18 husband and wife who file a joint state income tax return.
  1 19 For a tax year beginning in the 2003 calendar year, subtract,
  1 20 to the extent included, up to a maximum of nine thousand
  1 21 dollars for a person, other than a husband or wife, who files
  1 22 a separate state income tax return and up to a maximum of
  1 23 eighteen thousand dollars for a husband and wife who file a
  1 24 joint state income tax return.  For a tax year beginning in
  1 25 the 2004 calendar year, subtract, to the extent included, up
  1 26 to a maximum of twelve thousand dollars for a person, other
  1 27 than a husband or wife, who files a separate state income tax
  1 28 return and up to a maximum of twenty-four thousand dollars for
  1 29 a husband and wife who file a joint state income tax return.
  1 30    For a tax year beginning in the 2005 calendar year, and
  1 31 subsequent tax years, subtract, to the extent included, the
  1 32 entire amount of a governmental or other pension or retirement
  1 33 pay, including, but not limited to, defined benefit or defined
  1 34 contribution plans, annuities, individual retirement accounts,
  1 35 plans maintained or contributed to by an employer, or
  2  1 maintained or contributed to by a self-employed person as an
  2  2 employer, and deferred compensation plans or any earnings
  2  3 attributable to the deferred compensation plans.  However, a
  2  4 surviving spouse who is not disabled or fifty-five years of
  2  5 age or older can only exclude the amount of pension or
  2  6 retirement pay received as a result of the death of the other
  2  7 spouse.  A husband and wife filing separate state income tax
  2  8 returns or separately on a combined state return are allowed a
  2  9 combined maximum exclusion under this subsection of up to
  2 10 twelve thousand dollars the amount allowed for a husband and
  2 11 wife who file a joint state income tax return.  The twelve
  2 12 thousand dollar exclusion shall be allocated to the husband or
  2 13 wife in the proportion that each spouse's respective pension
  2 14 and retirement pay received bears to total combined pension
  2 15 and retirement pay received.
  2 16    Sec. 2.  RETROACTIVE APPLICABILITY.  This Act applies
  2 17 retroactively to January 1, 2003, for tax years beginning on
  2 18 or after that date.  
  2 19                           EXPLANATION
  2 20    This bill provides a phaseout of the state income tax on
  2 21 pension or retirement pay.  Currently, a single filer is
  2 22 allowed to exclude $6,000 of pension or retirement pay and
  2 23 joint filers are allowed to exclude $12,000 of pension or
  2 24 retirement pay for state income tax purposes.  The bill allows
  2 25 an exclusion of $9,000 and $18,000, respectively, for tax
  2 26 years beginning in the 2003 calendar year, and an exclusion of
  2 27 $12,000 and $24,000, respectively, for tax years beginning in
  2 28 the 2004 calendar year.  For tax years beginning in the 2005
  2 29 calendar year, and subsequent tax years, the bill provides an
  2 30 exclusion for state income tax purposes of the total amount of
  2 31 pension or retirement pay for single and joint filers.
  2 32    The bill provides that a husband and wife filing separate
  2 33 returns or filing separately on a combined return are allowed
  2 34 a combined maximum exclusion of up to the amount allowed for
  2 35 the tax year for a husband and wife who file a joint return.
  3  1    The bill applies retroactively to January 1, 2003, for tax
  3  2 years beginning on or after that date.  
  3  3 LSB 1144YH 80
  3  4 sc/sh/8
     

Text: HF00023                           Text: HF00025
Text: HF00000 - HF00099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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