Text: HF00689 Text: HF00691 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 422.11H WIND ENERGY PRODUCTION 1 2 TAX CREDIT. 1 3 The taxes imposed under this division, less the credits 1 4 allowed under sections 422.12 and 422.12B, shall be reduced by 1 5 a wind energy production tax credit allowed under chapter 1 6 476B. 1 7 Sec. 2. Section 422.33, Code 2003, is amended by adding 1 8 the following new subsection: 1 9 NEW SUBSECTION. 14. The taxes imposed under this division 1 10 shall be reduced by a wind energy production tax credit 1 11 allowed under chapter 476B. 1 12 Sec. 3. Section 422.60, Code 2003, is amended by adding 1 13 the following new subsection: 1 14 NEW SUBSECTION. 7. The taxes imposed under this division 1 15 shall be reduced by a wind energy production tax credit 1 16 allowed under chapter 476B. 1 17 Sec. 4. NEW SECTION. 432.12D WIND ENERGY PRODUCTION TAX 1 18 CREDIT. 1 19 The taxes imposed under this chapter shall be reduced by a 1 20 wind energy production tax credit allowed under chapter 476B. 1 21 Sec. 5. NEW SECTION. 476B.1 DEFINITIONS. 1 22 For purposes of this chapter, unless the context otherwise 1 23 requires: 1 24 1. "Board" means the utilities board within the utilities 1 25 division of the department of commerce. 1 26 2. "Department" means the department of revenue and 1 27 finance. 1 28 3. "Qualified electricity" means electricity produced from 1 29 wind at a qualified facility. 1 30 4. "Qualified facility" means an electrical production 1 31 facility that meets all of the following: 1 32 a. Produces electricity from wind. 1 33 b. Is located in Iowa. 1 34 c. Was originally placed in service on or after July 1, 1 35 2004, but before July 1, 2009. 2 1 Sec. 6. NEW SECTION. 476B.2 GENERAL RULE. 2 2 The owner of a qualified facility shall, for each kilowatt- 2 3 hour of qualified electricity that the owner sells during the 2 4 ten-year period beginning on the date the qualified facility 2 5 was originally placed in service, be allowed a wind energy 2 6 production tax credit to the extent provided in this chapter 2 7 against the tax imposed in chapter 422, divisions II, III, and 2 8 V, and chapter 432. 2 9 Sec. 7. NEW SECTION. 476B.3 CREDIT AMOUNT. 2 10 The wind energy production tax credit allowed under this 2 11 chapter equals the product of one cent multiplied by the 2 12 number of kilowatt-hours of qualified electricity sold by the 2 13 owner during the taxable year. 2 14 Sec. 8. NEW SECTION. 476B.4 LIMITATIONS. 2 15 1. The wind energy production tax credit shall not be 2 16 allowed for any kilowatt-hour of electricity produced on wind 2 17 energy conversion property for which the owner has claimed or 2 18 otherwise received for that property the benefit of special 2 19 valuation under section 427B.26 or section 441.21, subsection 2 20 8, or the exemption from retail sales tax under section 2 21 422.45, subsection 48. 2 22 2. The wind energy production tax credit shall not be 2 23 allowed for any kilowatt-hour of electricity that is sold to a 2 24 related person. For purpose of this subsection, persons shall 2 25 be treated as related to each other if such persons would be 2 26 treated as a single employer under the regulations prescribed 2 27 under section 52(b) of the Internal Revenue Code. In the case 2 28 of a corporation that is a member of an affiliated group of 2 29 corporations filing a consolidated return, such corporation 2 30 shall be treated as selling electricity to an unrelated person 2 31 if such electricity is sold to such a person by another member 2 32 of such group. 2 33 Sec. 9. NEW SECTION. 476B.5 APPLICATION FOR TAX CREDIT 2 34 CERTIFICATES. 2 35 1. To receive the wind energy production tax credit, an 3 1 owner of the qualified facility must submit an application for 3 2 a tax credit certificate to the board not later than thirty 3 3 days after the close of its taxable year. The owner's 3 4 application must contain, but need not be limited to, all of 3 5 the following information: the owner's name, tax 3 6 identification number, and address, the number of kilowatt- 3 7 hours of qualified electricity sold by the owner during the 3 8 preceding taxable year, the address of the qualified facility 3 9 at which the qualified electricity was produced, a certified 3 10 statement of the number, if any, of kilowatt-hours of 3 11 electricity produced on wind energy conversion property for 3 12 which the owner has claimed or otherwise received for that 3 13 property the benefit of special valuation under section 3 14 427B.26 or section 441.21, subsection 8, or the exemption from 3 15 the retail sales tax under section 422.45, subsection 48, and 3 16 the denomination that each tax credit certificate is to carry. 3 17 2. The board shall, in conjunction with the department, 3 18 prescribe appropriate forms and instructions to enable owners 3 19 to claim the tax credit allowed under this chapter. If the 3 20 board prescribes these forms and instructions, an owner's 3 21 application for a tax credit certificate shall not be valid 3 22 unless made on and in accordance with these forms and 3 23 instructions. 3 24 Sec. 10. NEW SECTION. 476B.6 ISSUANCE OF TAX CREDIT 3 25 CERTIFICATES. 3 26 1. If the owner meets the criteria for eligibility for the 3 27 wind energy production tax credit, the board shall determine 3 28 the validity of the application and if valid, shall issue one 3 29 or more tax credit certificates to the owner not later than 3 30 thirty days after the application is submitted to the board. 3 31 Each tax credit certificate must contain the owner's name, 3 32 address, and tax identification number, amount of tax credits, 3 33 and the expiration date of the tax credit certificate, which 3 34 shall be seven years from its date of issuance and any other 3 35 information required by the department. Once issued by the 4 1 board, the tax credit certificate shall be binding on the 4 2 board and the department and shall not be modified, 4 3 terminated, or rescinded. 4 4 2. If the tax credit application is filed by a 4 5 partnership, limited liability company, S corporation, estate, 4 6 trust, or other reporting entity all of the income of which is 4 7 taxed directly to its equity holders or beneficiaries, the tax 4 8 credit certificate may, at the election of the owner, be 4 9 issued directly to equity holders or beneficiaries of the 4 10 owner in proportion to their pro rata share of the income of 4 11 such entity. If the owner elects to have the tax credit 4 12 certificate issued directly to its equity holders or 4 13 beneficiaries, the owner must, in the application made under 4 14 section 476B.5, identify its equity holders or beneficiaries, 4 15 and the amount of such entity's income that is allocable to 4 16 each equity holder or beneficiary. 4 17 Sec. 11. NEW SECTION. 476B.7 TRANSFER OF TAX CREDIT 4 18 CERTIFICATES. 4 19 Wind energy production tax credit certificates issued under 4 20 this chapter may be transferred to any person or entity. 4 21 Within thirty days of transfer, the transferee must submit the 4 22 transferred tax credit certificate to the board along with a 4 23 statement containing the transferee's name, tax identification 4 24 number, and address, and the denomination that each 4 25 replacement tax credit certificate is to carry and any other 4 26 information required by the department. Within thirty days of 4 27 receiving the transferred tax credit certificate and the 4 28 transferee's statement, the board shall issue one or more 4 29 replacement tax credit certificates to the transferee. Each 4 30 replacement certificate must contain the information required 4 31 under section 476B.6 and must have the same expiration date 4 32 that appeared in the transferred tax credit certificate. Tax 4 33 credit certificate amounts of less than the minimum amount 4 34 established by rule of the board shall not be transferable. A 4 35 tax credit shall not be claimed by a transferee under this 5 1 chapter until a replacement tax credit certificate identifying 5 2 the transferee as the proper holder has been issued. 5 3 The tax credit shall only be transferred once. The 5 4 transferee may use the amount of the tax credit transferred 5 5 against the taxes imposed under chapter 422, divisions II, 5 6 III, and V, and chapter 432 for any tax year the original 5 7 transferor could have claimed the tax credit. Any 5 8 consideration received for the transfer of the tax credit 5 9 shall not be included as income under chapter 422, divisions 5 10 II, III, and V. Any consideration paid for the transfer of 5 11 the tax credit shall not be deducted from income under chapter 5 12 422, divisions II, III, and V. 5 13 Sec. 12. NEW SECTION. 476B.8 USE OF TAX CREDIT 5 14 CERTIFICATES. 5 15 To claim a wind energy production tax credit under this 5 16 chapter, a taxpayer must attach one or more tax credit 5 17 certificates to the taxpayer's tax return. The tax credit 5 18 certificate or certificates attached to the taxpayer's tax 5 19 return shall be issued in the taxpayer's name, expire on or 5 20 after the last day of the taxable year for which the taxpayer 5 21 is claiming the tax credit, and show a tax credit amount equal 5 22 to or greater than the tax credit claimed on the taxpayer's 5 23 tax return. Any tax credit in excess of the taxpayer's tax 5 24 liability for the taxable year may be credited to the 5 25 taxpayer's tax liability for the following seven taxable years 5 26 or until depleted, whichever is the earlier. 5 27 Sec. 13. NEW SECTION. 476B.9 REGISTRATION OF TAX CREDIT 5 28 CERTIFICATES. 5 29 The board shall, in conjunction with the department, 5 30 develop a system for the registration of the wind energy 5 31 production tax credit certificates issued or transferred under 5 32 this chapter and a system that permits verification that any 5 33 tax credit claimed on a tax return is valid and that transfers 5 34 of the tax credit certificates are made in accordance with the 5 35 requirements of this chapter. The tax credit certificates 6 1 issued under this chapter shall not be classified as a 6 2 security pursuant to chapter 502. 6 3 Sec. 14. APPLICABILITY DATE. This Act applies to tax 6 4 years beginning on or after January 1, 2004. 6 5 EXPLANATION 6 6 This bill provides a wind energy production tax credit to 6 7 be used to offset a taxpayer's tax liability under the 6 8 individual or corporate income tax, franchise tax, or 6 9 insurance premiums tax. The credit is based upon the number 6 10 of kilowatt-hours of electricity produced and sold by a 6 11 qualified facility that uses wind energy to generate 6 12 electricity. The credit amount is determined by multiplying 6 13 those kilowatt-hours by one cent. A qualified facility is one 6 14 located in Iowa that was originally placed in operation 6 15 between July 1, 2004, and June 30, 2009. 6 16 The credit is nonrefundable. However, the credit may be 6 17 transferred by the taxpayer to another taxpayer or any credit 6 18 not used by the taxpayer may be carried forward for up to 6 19 seven years. 6 20 The bill applies starting with a tax year beginning on or 6 21 after January 1, 2004. 6 22 LSB 2813HV 80 6 23 mg/pj/5
Text: HF00689 Text: HF00691 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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