Text: HSB00106                          Text: HSB00108
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 107

Bill Text

PAG LIN
  1  1    Section 1.  Section 15.329, subsection 1, paragraph d, Code
  1  2 2003, is amended to read as follows:
  1  3    d.  The business shall agree to pay a median wage for new
  1  4 full-time hourly nonmanagement production jobs of at least
  1  5 eleven dollars per hour indexed to 1993 dollars based on the
  1  6 gross national product implicit price deflator published by
  1  7 the bureau of economic analysis of the United States
  1  8 department of commerce or one hundred thirty percent of the
  1  9 average wage in the county in which the community is located,
  1 10 whichever is higher.
  1 11    Sec. 2.  Section 15.333, subsection 1, unnumbered paragraph
  1 12 1, Code 2003, is amended to read as follows:
  1 13    An eligible business may claim a corporate tax credit up to
  1 14 a maximum of ten percent of the new investment which is
  1 15 directly related to new jobs created by the location or
  1 16 expansion of an eligible business under the program.  Any
  1 17 credit in excess of the tax liability for the tax year may be
  1 18 credited to the tax liability for the following seven years or
  1 19 until depleted, whichever occurs earlier.  Subject to prior
  1 20 approval by the department of economic development in
  1 21 consultation with the department of revenue and finance, an
  1 22 eligible business whose project primarily involves the
  1 23 production of value-added agricultural products or uses
  1 24 biotechnology-related processes may elect to receive a refund
  1 25 of all or a portion of an unused tax credit.  For purposes of
  1 26 this section, an eligible business includes a cooperative
  1 27 described in section 521 of the Internal Revenue Code which is
  1 28 not required to file an Iowa corporate income tax return, and
  1 29 whose project primarily involves the production of ethanol.
  1 30 The refund may be used against a tax liability imposed under
  1 31 chapter 422, division II, III, or V.  If the business is a
  1 32 partnership, S corporation, limited liability company,
  1 33 cooperative organized under chapter 501 and filing as a
  1 34 partnership for federal tax purposes, or estate or trust
  1 35 electing to have the income taxed directly to the individual,
  2  1 an individual may claim the tax credit allowed.  The amount
  2  2 claimed by the individual shall be based upon the pro rata
  2  3 share of the individual's earnings of the partnership, S
  2  4 corporation, limited liability company, cooperative organized
  2  5 under chapter 501 and filing as a partnership for federal tax
  2  6 purposes, or estate or trust.
  2  7    Sec. 3.  Section 15.333, subsection 2, Code 2003, is
  2  8 amended to read as follows:
  2  9    2.  An eligible business whose project primarily involves
  2 10 the production of value-added agricultural products or uses
  2 11 biotechnology-related processes, that elects to receive a
  2 12 refund of all or a portion of an unused tax credit, shall
  2 13 apply to the department of economic development for tax credit
  2 14 certificates.  An eligible business whose project primarily
  2 15 involves the production of value-added agricultural products
  2 16 or uses biotechnology-related processes shall not claim a tax
  2 17 credit refund under this section unless a tax credit
  2 18 certificate issued by the department of economic development
  2 19 is attached to the taxpayer's tax return for the tax year for
  2 20 which the tax credit refund is claimed.  For purposes of this
  2 21 section, an eligible business includes a cooperative described
  2 22 in section 521 of the Internal Revenue Code which is not
  2 23 required to file an Iowa corporate income tax return, and
  2 24 whose project primarily involves the production of ethanol.
  2 25 For purposes of this section, an eligible business also
  2 26 includes a cooperative described in section 521 of the
  2 27 Internal Revenue Code which is required to file an Iowa
  2 28 corporate income tax return and whose project primarily
  2 29 involves the production of ethanol.  Such cooperative may
  2 30 elect to transfer all or a portion of its tax credit to its
  2 31 members.  The amount of tax credit transferred and claimed by
  2 32 a member shall be based upon the pro rata share of the
  2 33 member's earnings of the cooperative.
  2 34    A tax credit certificate shall not be valid until the tax
  2 35 year following the date of the project completion.  A tax
  3  1 credit certificate shall contain the taxpayer's name, address,
  3  2 tax identification number, the date of project completion, the
  3  3 amount of the tax credit, and other information required by
  3  4 the department of revenue and finance.  The department of
  3  5 economic development shall not issue tax credit certificates
  3  6 which total more than four million dollars during a fiscal
  3  7 year.  The department may reserve, as described in subsection
  3  8 4, tax credit certificates for eligible businesses which shall
  3  9 not, in total, exceed two million dollars per fiscal year.  If
  3 10 the department receives applications for tax credit
  3 11 certificates in excess of four million dollars less the amount
  3 12 of tax credit certificates reserved by the department for that
  3 13 fiscal year, the applicants shall receive certificates for a
  3 14 prorated amount.  The tax credit certificates shall not be
  3 15 transferred except as provided in this subsection for a
  3 16 cooperative described in section 521 of the Internal Revenue
  3 17 Code which is required to file an Iowa corporate income tax
  3 18 return and whose project primarily involves the production of
  3 19 ethanol.  For a cooperative described in section 521 of the
  3 20 Internal Revenue Code, the department of economic development
  3 21 shall require that the cooperative submit a list of its
  3 22 members and the share of each member's interest in the
  3 23 cooperative.  The department shall issue a tax credit
  3 24 certificate to each member contained on the submitted list.
  3 25    Sec. 4.  Section 15.133, Code 2003, is amended by adding
  3 26 the following new subsection:
  3 27    NEW SUBSECTION.  4.  The department may reserve tax credit
  3 28 certificates for eligible businesses whose projects primarily
  3 29 involve the production of value-added agricultural products or
  3 30 uses biotechnology-related processes.  The department shall
  3 31 reserve the tax credit certificate when the application of an
  3 32 eligible business is approved.  The department shall determine
  3 33 the face amount of each reserved tax credit certificate and
  3 34 the department shall notify the eligible business upon
  3 35 approval of the application regarding the face amount of each
  4  1 certificate.  The department shall not reserve more than a
  4  2 total of two million dollars in tax credit certificates each
  4  3 fiscal year.  The reserved tax credit certificates shall not
  4  4 be issued until the project is completed.  The department
  4  5 shall determine the allocation method for reserved tax credit
  4  6 certificates as an incentive for the businesses to locate or
  4  7 expand a project that would not otherwise occur in the state
  4  8 without this assistance.  
  4  9                           EXPLANATION
  4 10    This bill relates to the new jobs and income program
  4 11 administered by the department of economic development.
  4 12    The bill amends the median wage requirement for new jobs
  4 13 created by an eligible business under the program.  Currently,
  4 14 a business is required to agree to pay a median wage for new
  4 15 full-time hourly nonmanagement production jobs of at least $11
  4 16 per hour indexed to 1993 dollars or 130 percent of the average
  4 17 wage in the county in which the community is located,
  4 18 whichever is higher.  The bill removes the hourly
  4 19 nonmanagement production limitation.
  4 20    The bill amends the investment tax credit which may be
  4 21 claimed by an eligible business under the program.  Currently,
  4 22 an eligible business whose project primarily involves the
  4 23 production of value-added agricultural products may elect to
  4 24 receive a refund of all or a portion of an unused tax credit.
  4 25 The bill extends this opportunity to an eligible business
  4 26 whose project primarily uses biotechnology-related processes.
  4 27    The bill allows the department to reserve tax certificates
  4 28 which are issued to businesses electing to receive a refund.
  4 29 The bill allows the department to reserve certificates each
  4 30 fiscal year which total not more than $2 million.  The bill
  4 31 provides that the department shall reserve the certificates
  4 32 when the application of an eligible business is approved, but
  4 33 the certificates shall not be issued to the business until the
  4 34 project is completed.  The bill requires the department to
  4 35 determine the face amount of each certificate and to notify
  5  1 the business regarding the face amount.  The bill provides
  5  2 that the department shall determine the allocation method for
  5  3 reserved tax credit certificates as an incentive for the
  5  4 businesses to locate or expand a project that would not
  5  5 otherwise occur in the state without this assistance.  
  5  6 LSB 2130HC 80
  5  7 tm/sh/8
     

Text: HSB00106                          Text: HSB00108
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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