Text: S03133 Text: S03135 Text: S03100 - S03199 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 434 as follows: 1 2 #1. Page 1, by inserting before line 1 the 1 3 following: 1 4 "Section 1. Section 12D.5, subsection 2, paragraph 1 5 a, Code 2003, is amended by adding the following new 1 6 subparagraph: 1 7 NEW SUBPARAGRAPH. (4) Attendance of the 1 8 designated beneficiary at the United States military 1 9 academy, the United States naval academy, the United 1 10 States air force academy, the United States coast 1 11 guard academy, or the United States merchant marine 1 12 academy, to the extent that the amount of the payment 1 13 or distribution does not exceed the costs of advanced 1 14 education, as defined by 10 U.S.C. } 2005(e)(3), as in 1 15 effect on the date of the enactment of this 1 16 subparagraph, attributable to such attendance. 1 17 Sec. 2. Section 12D.9, subsection 1, paragraph f, 1 18 Code 2003, is amended to read as follows: 1 19 f. Pursuant to section 12D.5, subsection 1, 1 20 penalties are provided on refunds of earnings which 1 21 are not used for qualified higher education expenses 1 22 of the beneficiary, made on account of the death or 1 23 disability of the designated beneficiary,ormade due 1 24 to scholarship, allowance, or payment receipt as 1 25 provided in section 529(b)(3) of the Internal Revenue 1 26 Code, or made in the amount of the costs for 1 27 attendance at the United States military, naval, air 1 28 force, coast guard, or merchant marine academy." 1 29 #2. Page 1, line 1, by striking the word and 1 30 figure "Section 1." and inserting the following: 1 31 "Sec. 3." 1 32 #3. Page 1, line 2, by striking the word 1 33 "subsection" and inserting the following: 1 34 "subsections". 1 35 #4. Page 1, by inserting after line 7 the 1 36 following: 1 37 "NEW SUBSECTION. 40. Subtract, not to exceed one 1 38 thousand five hundred dollars, the overnight 1 39 transportation, meals, and lodging expenses, to the 1 40 extent not reimbursed, incurred by the taxpayer for 1 41 travel away from home of more than one hundred miles 1 42 for the performance of services by the taxpayer as a 1 43 member of the national guard or armed forces military 1 44 reserve. 1 45 NEW SUBSECTION. 41. Subtract, to the extent 1 46 included, military student loan repayments received by 1 47 the taxpayer serving on active duty in the national 1 48 guard or armed forces military reserve or on active 1 49 duty status in the armed forces. 1 50 Sec. 4. Section 422.7, Code 2003, is amended by 2 1 adding the following new subsection: 2 2 NEW SUBSECTION. 42. Subtract, to the extent not 2 3 otherwise excluded, the amount of the death gratuity 2 4 payable under 10 U.S.C. }} 1475-1491 for deaths 2 5 occurring after September 10, 1991. 2 6 Sec. 5. Section 422.9, subsection 2, Code 2003, is 2 7 amended by adding the following new paragraph: 2 8 NEW PARAGRAPH. j. If the taxpayer has a deduction 2 9 for miscellaneous expenses under section 67 of the 2 10 Internal Revenue Code, the taxpayer shall recompute 2 11 for the purposes of this subsection the amount of the 2 12 deduction under section 67 by excluding from the 2 13 expenses, the amount subtracted under section 422.7, 2 14 subsection 40. 2 15 Sec. 6. Section 422.21, unnumbered paragraph 2, 2 16 Code 2003, is amended to read as follows: 2 17 An individual in the armed forces of the United 2 18 States serving in an area designated by the president 2 19 of the United States or the United States Congress as 2 20 a combat zone or as a qualified hazardous duty area, 2 21 or deployed outside the United States away from the 2 22 individual's permanent duty station while 2 23 participating in an operation designated by the United 2 24 States secretary of defense as a contingency operation 2 25 as defined in 10 U.S.C. } 101(a)(13), or which became 2 26 such a contingency operation by the operation of law, 2 27 or an individual serving in support of those forces, 2 28 is allowed the same additional time period after 2 29 leaving the combat zone or the qualified hazardous 2 30 duty area, or ceasing to participate in such 2 31 contingency operation, or after a period of continuous 2 32 hospitalization, to file a state income tax return or 2 33 perform other acts related to the department, as would 2 34 constitute timely filing of the return or timely 2 35 performance of other acts described in section 7508(a) 2 36 of the Internal Revenue Code. For the purposes of 2 37 this paragraph, "other acts related to the department" 2 38 includes filing claims for refund for any tax 2 39 administered by the department, making tax payments 2 40 other than withholding payments, filing appeals on the 2 41 tax matters, filing other tax returns, and performing 2 42 other acts described in the department's rules. The 2 43 additional time period allowed applies to the spouse 2 44 of the individual described in this paragraph to the 2 45 extent the spouse files jointly or separately on the 2 46 combined return form with the individual or when the 2 47 spouse is a party with the individual to any matter 2 48 for which the additional time period is allowed. 2 49 Sec. 7. Section 422.34, subsection 2, Code 2003, 2 50 is amended by adding the following new unnumbered 3 1 paragraph: 3 2 NEW UNNUMBERED PARAGRAPH. An organization that 3 3 would have qualified as an organization exempt from 3 4 federal income tax under section 501(c)(19) of the 3 5 Internal Revenue Code but for the fact that the 3 6 requirement that substantially all of the members who 3 7 are not past or present members of the United States 3 8 armed forces is not met because such members include 3 9 ancestors or lineal descendants, shall be considered 3 10 for purposes of the exemption from taxation under this 3 11 division as an organization exempt from federal income 3 12 tax under section 501(c)(19) of the Internal Revenue 3 13 Code." 3 14 #5. Page 1, line 8, by striking the words "This 3 15 Act," and inserting the following: 3 16 "1. Except as provided in subsections 2, 3, and 4, 3 17 this Act,". 3 18 #6. Page 1, by inserting after line 11 the 3 19 following: 3 20 "2. Section 4 of this Act, amending section 422.7 3 21 to allow for the subtraction of additional death 3 22 gratuity benefits, being deemed of immediate 3 23 importance, takes effect upon enactment and applies 3 24 retroactively to tax years ending after September 10, 3 25 2001. 3 26 3. Section 6 of this Act, amending section 422.21, 3 27 being deemed of immediate importance, takes effect 3 28 upon enactment and applies to any period for 3 29 performing an act that has not expired before the 3 30 effective date. 3 31 4. Section 7 of this Act, amending section 422.34, 3 32 being deemed of immediate importance, takes effect 3 33 upon enactment and applies to tax years beginning 3 34 after the effective date." 3 35 #7. Title page, by striking lines 1 through 5 and 3 36 inserting the following: "An Act relating to income 3 37 tax deductions and exemptions for military service 3 38 personnel and organizations, and including effective 3 39 and applicability date provisions." 3 40 3 41 3 42 3 43 STEVEN H. WARNSTADT 3 44 SF 434.301 80 3 45 mg/cf
Text: S03133 Text: S03135 Text: S03100 - S03199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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