Text: SF02301                           Text: SF02303
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Senate File 2302

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 15E.42, subsection 3, Code Supplement
  1  2 2003, is amended to read as follows:
  1  3    3.  "Investor" means an individual a person making a cash
  1  4 investment in a qualifying business or an individual taxed on
  1  5 income from a revocable trust's cash investment in a
  1  6 qualifying business or a person making a cash investment in a
  1  7 community-based seed capital fund.  "Investor" does not
  1  8 include a person which is a current or previous that holds at
  1  9 least a seventy percent ownership interest as an owner,
  1 10 member, or shareholder in a qualifying business.
  1 11    Sec. 2.  Section 15E.43, subsection 1, paragraphs a and b,
  1 12 Code Supplement 2003, are amended to read as follows:
  1 13    a.  For tax years beginning on or after January 1, 2002, a
  1 14 tax credit shall be allowed against the taxes imposed in
  1 15 chapter 422, division II, for a portion of an individual
  1 16 taxpayer's equity investment, as provided in subsection 2, in
  1 17 a qualifying business.  An individual shall not claim a tax
  1 18 credit under this paragraph of a partnership, limited
  1 19 liability company, S corporation, estate, or trust electing to
  1 20 have income taxed directly to the individual.  However, an
  1 21 individual receiving income from a revocable trust's
  1 22 investment in a qualified business may claim a tax credit
  1 23 under this paragraph against the taxes imposed in chapter 422,
  1 24 division II, for a portion of the revocable trust's equity
  1 25 investment, as provided in subsection 2, in a qualified
  1 26 business.
  1 27    b.  For tax years beginning on or after January 1, 2002, a
  1 28 tax credit shall be allowed against the taxes imposed in
  1 29 chapter 422, divisions II, III, and V, and in chapter 432, and
  1 30 against the moneys and credits tax imposed in section 533.24,
  1 31 for a portion of a taxpayer's equity investment, as provided
  1 32 in subsection 2, in a qualifying business or a community-based
  1 33 seed capital fund.  An individual may claim a tax credit under
  1 34 this paragraph of a partnership, limited liability company, S
  1 35 corporation, estate, or trust electing to have income taxed
  2  1 directly to the individual.  The amount claimed by the
  2  2 individual shall be based upon the pro rata share of the
  2  3 individual's earnings from the partnership, limited liability
  2  4 company, S corporation, estate, or trust.
  2  5    Sec. 3.  Section 15E.44, subsection 4, Code Supplement
  2  6 2003, is amended to read as follows:
  2  7    4.  After verifying the eligibility of a qualifying
  2  8 business, the board shall issue a tax credit certificate to be
  2  9 attached to the equity investor's tax return.  The tax credit
  2 10 certificate shall contain the taxpayer's name, address, tax
  2 11 identification number, the amount of credit, the name of the
  2 12 qualifying business, and other information required by the
  2 13 department of revenue.  The tax credit certificate, unless
  2 14 rescinded by the board, shall be accepted by the department of
  2 15 revenue as payment for taxes imposed pursuant to chapter 422,
  2 16 division divisions II, III, and V, and in chapter 432, and for
  2 17 the moneys and credits tax imposed in section 533.24, subject
  2 18 to any conditions or restrictions placed by the board upon the
  2 19 face of the tax credit certificate and subject to the
  2 20 limitations of section 15E.43.
  2 21    Sec. 4.  Section 15E.45, subsection 2, paragraphs b and c,
  2 22 Code Supplement 2003, are amended to read as follows:
  2 23    b.  The fund has, on or after January 1, 2002, a total of
  2 24 both capital commitments from investors and investments in
  2 25 qualifying businesses of at least five one hundred twenty-five
  2 26 thousand dollars, but not more than three million dollars.
  2 27    c.  The fund has no fewer than ten five investors who are
  2 28 not affiliates, with no single investor and affiliates of that
  2 29 investor together owning a total of more than twenty-five
  2 30 percent of the ownership interests outstanding in the fund.
  2 31    Sec. 5.  Section 15E.45, subsection 6, Code Supplement
  2 32 2003, is amended to read a follows:
  2 33    6.  In the event that a community-based seed capital fund
  2 34 fails to meet or maintain any requirement set forth in this
  2 35 section, or in the event that the community-based seed capital
  3  1 fund has not invested at least thirty-three percent of its
  3  2 invested capital in no fewer than two one or more separate
  3  3 qualifying businesses, measured at the end of the thirty-sixth
  3  4 month after commencing the fund's investing activities, the
  3  5 board shall rescind any tax credit certificates issued to
  3  6 limited partners or members and shall notify the department of
  3  7 revenue that it has done so, and the tax credit certificates
  3  8 shall be null and void.  However, a community-based seed
  3  9 capital fund may apply to the board for a one-year waiver of
  3 10 the requirements of this subsection.
  3 11    Sec. 6.  Section 15E.51, subsection 4, Code Supplement
  3 12 2003, is amended to read as follows:
  3 13    4.  A taxpayer shall not claim a tax credit under this
  3 14 section if the taxpayer is a venture capital investment fund
  3 15 allocation manager for the Iowa fund of funds created in
  3 16 section 15E.65 or an investor that receives a tax credit for
  3 17 the same investment in a qualifying business as described in
  3 18 section 15E.44 or in a community-based seed capital fund as
  3 19 described in section 15E.45.
  3 20    Sec. 7.  APPLICABILITY DATE.  This Act applies
  3 21 retroactively to January 1, 2004, for tax years beginning on
  3 22 or after that date.  
  3 23                           EXPLANATION
  3 24    This bill relates to tax credits for investments in certain
  3 25 qualifying businesses and community-based seed capital funds.
  3 26    The bill amends the definition of "investor" to provide
  3 27 that an investor is a person making a cash investment in a
  3 28 qualifying business or in a community-based seed capital fund.
  3 29 The bill also amends the exclusion to the definition of
  3 30 "investor" to provide that the term "investor" does not
  3 31 include a person that holds at least a 70 percent ownership
  3 32 interest as an owner, member, or shareholder in a qualifying
  3 33 business.
  3 34    Currently, a tax credit is allowed against personal income
  3 35 tax liability equal to a portion of an individual taxpayer's
  4  1 equity investment in a qualifying business.  The bill provides
  4  2 that in addition to personal income tax liability, the tax
  4  3 credit may be allowed against corporate income tax, the
  4  4 franchise tax for financial institutions, the insurance
  4  5 premium tax, and the moneys and credits tax for credit unions
  4  6 for a portion of a taxpayer's equity investment in a
  4  7 qualifying business.  The bill makes conforming amendments.
  4  8    The bill amends the criteria for community-based seed
  4  9 capital funds.  The bill provides that a fund must have no
  4 10 fewer than five investors who are not affiliates.  Current law
  4 11 requires no fewer than 10 investors who are not affiliates.
  4 12 The bill reduces the minimum required capital commitment from
  4 13 investors and investments in qualifying businesses from
  4 14 $500,000 to $125,000.
  4 15    The bill amends a requirement that tax certificates shall
  4 16 be rescinded and nullified by the Iowa capital investment
  4 17 board if a community-based seed capital fund has not invested
  4 18 at least 33 percent of its invested capital in no fewer than
  4 19 two separate qualifying businesses, measured at the end of the
  4 20 36th month after commencing the fund's investing activities.
  4 21 The bill changes the two separate qualifying businesses
  4 22 criteria to one or more separate qualifying businesses.
  4 23    The bill applies retroactively to January 1, 2004, for tax
  4 24 years beginning on or after that date.  
  4 25 LSB 6927SV 80
  4 26 tm/gg/14
     

Text: SF02301                           Text: SF02303
Text: SF02300 - SF02399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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