Text: SF00241                           Text: SF00243
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Senate File 242

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 422.60, subsection 1, Code 2003, is
  1  2 amended to read as follows:
  1  3    1.  a.  A franchise tax according to and measured by net
  1  4 income is imposed on financial institutions, except
  1  5 nonqualified credit unions, for the privilege of doing
  1  6 business in this state as financial institutions.
  1  7    b.  A revenue nondistribution tax measured by the increase
  1  8 in equity is imposed on nonqualified credit unions for the
  1  9 privilege of doing business in this state as financial
  1 10 institutions.
  1 11    Sec. 2.  Section 422.60, subsection 2, Code 2003, is
  1 12 amended by adding the following new unnumbered paragraph after
  1 13 unnumbered paragraph 1:
  1 14    NEW UNNUMBERED PARAGRAPH.  A nonqualified credit union
  1 15 incorporated or authorized to do business under chapter 533 is
  1 16 not subject to the state alternative minimum tax.
  1 17    Sec. 3.  Section 422.61, Code 2003, is amended by adding
  1 18 the following new subsection:
  1 19    NEW SUBSECTION.  0A.  "Equity" means, in the case of a
  1 20 nonqualified credit union, the sum of the regular reserves,
  1 21 undivided earnings, and net income of the credit union as
  1 22 reflected in its annual report under section 533.6.  In the
  1 23 case of a credit union designated as serving predominantly
  1 24 low-income members, "equity" also includes uninsured secondary
  1 25 capital.
  1 26    Sec. 4.  Section 422.61, subsection 1, Code 2003, is
  1 27 amended to read as follows:
  1 28    1.  "Financial institution" means a state bank as defined
  1 29 in section 524.103, subsection 33, a state bank chartered
  1 30 under the laws of any other state, a national banking
  1 31 association, a trust company, a federally chartered savings
  1 32 and loan association, an out-of-state state chartered savings
  1 33 bank, a financial institution chartered by the federal home
  1 34 loan bank board, a non-Iowa chartered savings and loan
  1 35 association, a nonqualified credit union incorporated or
  2  1 authorized to do business under chapter 533, a nonqualified
  2  2 credit union incorporated or authorized to do business under
  2  3 the laws of another state, an association incorporated or
  2  4 authorized to do business under chapter 534, or a production
  2  5 credit association.
  2  6    Sec. 5.  Section 422.61, Code 2003, is amended by adding
  2  7 the following new subsections:
  2  8    NEW SUBSECTION.  1A.  "Increase in equity", in the case of
  2  9 a nonqualified credit union, means the increase in the amount
  2 10 of equity of the credit union at the end of the taxable year
  2 11 as reflected in its annual report under section 533.6 over the
  2 12 amount of equity of the credit union at the end of the
  2 13 previous taxable year as reflected in the previous year's
  2 14 annual report under section 533.6.
  2 15    NEW SUBSECTION.  3A.  "Nonqualified credit union" means a
  2 16 credit union that does not meet the requirements to be a
  2 17 qualified credit union, as specified in section 533.24,
  2 18 subsection 3.
  2 19    Sec. 6.  Section 422.61, subsection 3, unnumbered paragraph
  2 20 1, Code 2003, is amended to read as follows:
  2 21    "Net income", for a financial institution other than a
  2 22 nonqualified credit union, means the net income of the
  2 23 financial institution computed in accordance with section
  2 24 422.35, with the following adjustments:
  2 25    Sec. 7.  Section 422.62, Code 2003, is amended to read as
  2 26 follows:
  2 27    422.62  DUE AND DELINQUENT DATES.
  2 28    The franchise tax or revenue nondistribution tax, as
  2 29 applicable, is due and payable on the first day following the
  2 30 end of the taxable year of each financial institution, and.
  2 31 In the case of a financial institution other than a
  2 32 nonqualified credit union, the tax is delinquent after the
  2 33 last day of the fourth month following the due date or forty-
  2 34 five days after the due date of the federal tax return,
  2 35 excluding extensions of time to file, whichever is the later.
  3  1 In the case of a nonqualified credit union, the tax is
  3  2 delinquent after the last day of the fourth month following
  3  3 the due date.  Every financial institution shall file a return
  3  4 as prescribed by the director on or before the delinquency
  3  5 date.
  3  6    Sec. 8.  Section 422.63, Code 2003, is amended to read as
  3  7 follows:
  3  8    422.63  AMOUNT OF TAX.
  3  9    The franchise tax is imposed annually in an amount equal to
  3 10 five percent of the net income received or accrued during the
  3 11 taxable year.  The revenue nondistribution tax is imposed
  3 12 annually in an amount equal to five percent of the increase in
  3 13 equity for the taxable year.  If the net income or increase in
  3 14 equity, as applicable, of the financial institution is derived
  3 15 from its business carried on entirely within the state, the
  3 16 tax shall be imposed on the entire net income or increase in
  3 17 equity, as applicable, but if the business is carried on
  3 18 partly within and partly without the state, the portion of net
  3 19 income or increase in equity, as applicable, reasonably
  3 20 attributable to the business within the state shall be
  3 21 specifically allocated or equitably apportioned within and
  3 22 without the state under rules of the director.
  3 23    Sec. 9.  Section 422.66, Code 2003, is amended to read as
  3 24 follows:
  3 25    422.66  DEPARTMENT TO ENFORCE.
  3 26    The department shall administer and enforce the provisions
  3 27 of this division, and all applicable provisions of sections
  3 28 422.24, 422.25, 422.26, 422.28, 422.29, and 422.30, and
  3 29 division VI of this chapter, apply to financial institutions
  3 30 and to the franchise tax and revenue nondistribution tax
  3 31 imposed by this division.
  3 32    Sec. 10.  Section 533.24, Code 2003, is amended to read as
  3 33 follows:
  3 34    533.24  TAXATION.
  3 35    1.  A credit union shall be deemed an institution for
  4  1 savings and is subject to taxation only as to its real estate
  4  2 and moneys and credits.  However, those nonqualified credit
  4  3 unions subject to the state revenue nondistribution tax
  4  4 imposed in chapter 422, division V shall not be taxed on their
  4  5 moneys and credits.  The shares shall not be taxed.
  4  6    2.  a.  The moneys and credits tax on credit unions, except
  4  7 those nonqualified credit unions subject to the state revenue
  4  8 nondistribution tax, is imposed at a rate of five mills on
  4  9 each dollar of the legal and special reserves which are
  4 10 required to be maintained by the credit union under section
  4 11 533.17, and shall be levied by the board of supervisors, and
  4 12 placed upon the tax list and collected by the county
  4 13 treasurer, except that an exemption shall be given to each
  4 14 credit union in the amount of forty thousand dollars.  The
  4 15 amount collected in each taxing district within a city shall
  4 16 be apportioned twenty percent to the county, thirty percent to
  4 17 the city general fund, and fifty percent to the general fund
  4 18 of the state, and the amount collected in each taxing district
  4 19 outside of cities shall be apportioned fifty percent to the
  4 20 county and fifty percent to the general fund of the state.
  4 21 The moneys and credits tax shall be collected at the location
  4 22 of the credit union as shown in its articles of incorporation.
  4 23    b.  The moneys and credits tax imposed under this section
  4 24 subsection shall be reduced by an investment tax credit
  4 25 authorized pursuant to section 15E.43.
  4 26    c.  The moneys and credits tax imposed under this section
  4 27 subsection shall be reduced by an investment tax credit
  4 28 authorized pursuant to section 15E.51.
  4 29    3.  a.  A credit union that does not meet the requirements
  4 30 of a qualified credit union as specified in paragraph "b" is
  4 31 subject to the state revenue nondistribution tax imposed in
  4 32 chapter 422, division V.
  4 33    b.  A credit union is a qualified credit union if the
  4 34 credit union meets all of the following requirements:
  4 35    (1)  The credit union has less than one hundred fifty
  5  1 million dollars in assets as shown in its latest annual report
  5  2 under section 533.6, provided that this requirement shall not
  5  3 apply to a credit union with a field of membership limited
  5  4 exclusively to an occupational, industry, or employer common
  5  5 bond based upon common business, employer, or corporate
  5  6 parent.
  5  7    (2)  The credit union does not make or participate in
  5  8 commercial loans or business purpose loans that together at
  5  9 any time exceed an aggregate amount equal to the lesser of one
  5 10 and three-fourths times the credit union's net worth or twelve
  5 11 and one-fourth percent of the credit union's total assets.
  5 12    c.  For purposes of this subsection:
  5 13    (1)  "Agricultural purpose" means the same as defined in
  5 14 section 535.13.
  5 15    (2)  "Business purpose" means a for-profit activity by an
  5 16 individual or a for-profit entity including, but not limited
  5 17 to, a commercial, service, or industrial enterprise carried on
  5 18 for profit, or an investment activity.
  5 19    (3)  "Commercial loan" means a loan to an individual or
  5 20 entity for a business purpose or an agricultural purpose.
  5 21 "Commercial loan" does not include a loan the proceeds of
  5 22 which will be used primarily for the purchase, construction,
  5 23 or improvement of real property, including a single-family or
  5 24 a two-family dwelling occupied or to be occupied by the
  5 25 borrower.
  5 26    (4)  "Loan" includes the refinancing of a contract of sale,
  5 27 and the refinancing of a prior loan, whether or not the
  5 28 borrower was also the borrower under the prior loan, and the
  5 29 assumption of a prior loan.
  5 30    (5)  "Net worth" means the credit union's retained earnings
  5 31 including undivided earnings, regular reserves, and any other
  5 32 appropriations designated by management or regulatory
  5 33 authority.
  5 34    Sec. 11.  APPLICABILITY DATE.  This Act applies to taxable
  5 35 years beginning on or after the effective date of this Act.  
  6  1                           EXPLANATION
  6  2    This bill imposes a revenue nondistribution tax as part of
  6  3 the tax on financial institutions doing business in Iowa and
  6  4 subject to taxation by the state on chartered credit unions of
  6  5 this or another state that do not meet certain requirements.
  6  6    A credit union will not be subject to the revenue
  6  7 nondistribution tax if it has assets of less than $150 million
  6  8 or its members share a common bond such as single employer or
  6  9 occupation, and it does not make or participate in commercial
  6 10 or business purpose loans of a certain quantity.
  6 11    For the purpose of computing the tax, the increase in the
  6 12 equity of the credit union determined at the end of the
  6 13 taxable year is the taxable event.
  6 14    Various credits applicable to the franchise tax apply to
  6 15 the revenue nondistribution tax and the tax is subjected to
  6 16 prepayment requirements.
  6 17    The moneys and credits tax currently imposed on all credit
  6 18 unions is made inapplicable for those credit unions that are
  6 19 subject to the revenue nondistribution tax.
  6 20    The bill applies to taxable years beginning on or after the
  6 21 effective date of the bill.  
  6 22 LSB 2405XS 80
  6 23 mg/cf/24.1
     

Text: SF00241                           Text: SF00243
Text: SF00200 - SF00299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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