Text: HF00657                           Text: HF00659
Text: HF00600 - HF00699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 658

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 422.7, Code 2003, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  39.  Subtract the capital gain from the
  1  4 following:
  1  5    a.  The sale of an equity investment in a business if all
  1  6 of the following requirements are met:
  1  7    (1)  The equity investment is held for a period of thirty-
  1  8 six months or more from the date of acquisition.
  1  9    (2)  A credit is not claimed on the investment under
  1 10 section 15E.66, 422.11F, or 422.11G.
  1 11    (3)  The deduction under this paragraph "a" is in lieu of
  1 12 any deduction under section 1202 of the Internal Revenue Code.
  1 13    b.  If the adjusted gross income includes income or loss
  1 14 from a business operated by the taxpayer, the sale of a
  1 15 building, land, or machinery and equipment used in the
  1 16 operation of the business if the building, land, or machinery
  1 17 and equipment are held for a period of thirty-six months or
  1 18 more from the date of acquisition.
  1 19    An individual may claim the capital gain deduction of a
  1 20 partnership, S corporation, limited liability company, estate,
  1 21 or trust electing to have the income taxed directly to the
  1 22 individual.  The amount claimed by the individual shall be
  1 23 based upon the pro rata share of the individual's earnings of
  1 24 a partnership, S corporation, limited liability company,
  1 25 estate, or trust.
  1 26    Sec. 2.  Section 422.35, Code 2003, is amended by adding
  1 27 the following new subsection:
  1 28    NEW SUBSECTION.  19.  Subtract the capital gain from the
  1 29 following:
  1 30    a.  The sale of an equity investment in a business if all
  1 31 of the following requirements are met:
  1 32    (1)  The equity investment is held for a period of thirty-
  1 33 six months or more from the date of acquisition.
  1 34    (2)  A credit is not claimed on the investment under
  1 35 subsection 12 or 13 or section 15E.66.
  2  1    b.  The sale of a building, land, or machinery and
  2  2 equipment used in the operation of the business if the
  2  3 building, land, or machinery and equipment are held for a
  2  4 period of thirty-six months or more from the date of
  2  5 acquisition.
  2  6    Sec. 3.  APPLICABILITY DATE.  This Act applies to capital
  2  7 investments made in or by businesses on or after January 1,
  2  8 2003, for tax years ending after that date.  
  2  9                           EXPLANATION
  2 10    This bill provides for the deduction of capital gains from
  2 11 the sale of equity investments in businesses and from the sale
  2 12 of buildings, land, or machinery and equipment of business if
  2 13 certain requirements are met.  These requirements are that the
  2 14 equity investment or the building, land, or machinery and
  2 15 equipment are held for at least three years; and no credit or
  2 16 other deduction for the capital investment or gain is allowed.
  2 17    The bill applies to capital investments made in or by
  2 18 businesses on or after January 1, 2003, for tax years ending
  2 19 after that date.  
  2 20 LSB 1690HH 80
  2 21 mg/pj/5.2
     

Text: HF00657                           Text: HF00659
Text: HF00600 - HF00699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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