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Senate Study Bill 3112

Bill Text

PAG LIN
  1  1    Section 1.  Section 422.7, subsection 13, Code Supplement
  1  2 2003, is amended to read as follows:
  1  3    13.  a.  Subtract, to the extent included, the amount of
  1  4 additional social security benefits taxable under the Internal
  1  5 Revenue Code for tax years beginning on or after January 1,
  1  6 1994, but before January 1, 2009.  The amount of social
  1  7 security benefits taxable as provided in section 86 of the
  1  8 Internal Revenue Code, as amended up to and including January
  1  9 1, 1993, continues to apply for state income tax purposes for
  1 10 tax years beginning on or after January 1, 1994, but before
  1 11 January 1, 2009.
  1 12    b.  (1)  For tax years beginning in the 2006 calendar year,
  1 13 subtract, to the extent included, twenty-five percent of
  1 14 taxable social security benefits remaining after the
  1 15 subtraction in paragraph "a".
  1 16    (2)  For tax years beginning in the 2007 calendar year,
  1 17 subtract, to the extent included, fifty percent of taxable
  1 18 social security benefits remaining after the subtraction in
  1 19 paragraph "a".
  1 20    (3)  For tax years beginning in the 2008 calendar year,
  1 21 subtract, to the extent included, seventy-five percent of
  1 22 taxable social security benefits remaining after the
  1 23 subtraction in paragraph "a".
  1 24    c.  Married taxpayers, who file a joint federal income tax
  1 25 return and who elect to file separate returns or who elect
  1 26 separate filing on a combined return for state income tax
  1 27 purposes, shall allocate between the spouses the amount of
  1 28 benefits subtracted under paragraphs "a" and "b" from net
  1 29 income in the ratio of the social security benefits received
  1 30 by each spouse to the total of these benefits received by both
  1 31 spouses.
  1 32    d.  For tax years beginning on or after January 1, 2009,
  1 33 subtract, to the extent included, the amount of social
  1 34 security benefits taxable under section 86 of the Internal
  1 35 Revenue Code.
  2  1    Sec. 2.  Section 422.7, subsection 31, Code Supplement
  2  2 2003, is amended to read as follows:
  2  3    31.  a.  For a person who is disabled, or is fifty-five
  2  4 years of age or older, or is the surviving spouse of an
  2  5 individual or a survivor having an insurable interest in an
  2  6 individual who would have qualified for the exemption under
  2  7 this subsection for the tax year, subtract, to the extent
  2  8 included, the total amount of a governmental or other pension
  2  9 or retirement pay, including, but not limited to, defined
  2 10 benefit or defined contribution plans, annuities, individual
  2 11 retirement accounts, plans maintained or contributed to by an
  2 12 employer, or maintained or contributed to by a self-employed
  2 13 person as an employer, and deferred compensation plans or any
  2 14 earnings attributable to the deferred compensation plans, up
  2 15 to a maximum of six thousand dollars for a person, other than
  2 16 a husband or wife, who files a separate state income tax
  2 17 return and up to a maximum of twelve thousand dollars for a
  2 18 husband and wife who file a joint state income tax return.
  2 19 However, a surviving spouse who is not disabled or fifty-five
  2 20 years of age or older can only exclude the amount of pension
  2 21 or retirement pay received as a result of the death of the
  2 22 other spouse.  A husband and wife filing separate state income
  2 23 tax returns or separately on a combined state return are
  2 24 allowed a combined maximum exclusion under this subsection of
  2 25 up to twelve thousand dollars.  The twelve thousand dollar
  2 26 exclusion shall be allocated to the husband or wife in the
  2 27 proportion that each spouse's respective pension and
  2 28 retirement pay received bears to total combined pension and
  2 29 retirement pay received.
  2 30    b.  For the tax year beginning January 1, 2006, subtract an
  2 31 amount equal to twenty-five percent of the income described in
  2 32 paragraph "a" after the exclusion in paragraph "a" is
  2 33 subtracted.
  2 34    c.  For the tax year beginning January 1, 2007, subtract an
  2 35 amount equal to fifty percent of the income described in
  3  1 paragraph "a" after the exclusion in paragraph "a" is
  3  2 subtracted.
  3  3    d.  For the tax year beginning January 1, 2008, subtract an
  3  4 amount equal to seventy-five percent of the income described
  3  5 in paragraph "a" after the exclusion in paragraph "a" is
  3  6 subtracted.
  3  7    e.  For tax years beginning on or after January 1, 2009,
  3  8 subtract the total amount of the income described in paragraph
  3  9 "a".
  3 10    f.  For a husband and wife filing separate state income tax
  3 11 returns or separately on a combined state return, the
  3 12 additional exclusion in paragraphs "b" through "e" shall be
  3 13 allocated to the husband or wife in the proportion that each
  3 14 spouse's respective pension and retirement pay received bears
  3 15 to total combined pension and retirement pay received.  
  3 16                           EXPLANATION
  3 17    This bill phases out the state individual income tax on
  3 18 pension and retirement income and phases out the state
  3 19 individual income tax on social security benefits over the
  3 20 same period of time.
  3 21    For the tax year beginning January 1, 2006, an additional
  3 22 25 percent of pension or retirement income is exempted after
  3 23 the $6,000 (for single filers) or $12,000 (for married filers)
  3 24 is subtracted.  For the tax year beginning January 1, 2007, an
  3 25 additional 50 percent is exempted; for the tax year beginning
  3 26 January 1, 2008, an additional 75 percent is exempted; and for
  3 27 tax years beginning January 1, 2009, and all subsequent tax
  3 28 years, the total amount of pension and retirement income is
  3 29 exempted from state income taxation.
  3 30    For the tax year beginning on January 1, 2006, 25 percent
  3 31 of taxable social security benefits are exempted; for the tax
  3 32 year beginning on January 1, 2007, 50 percent of taxable
  3 33 social security benefits are exempted; for the tax year
  3 34 beginning on January 1, 2008, 75 percent of taxable social
  3 35 security benefits are exempted; and for tax years beginning on
  4  1 or after January 1, 2009, 100 percent of social security
  4  2 benefits are exempted from state income taxation.  
  4  3 LSB 6402SC 80
  4  4 sc/sh/8
     

Text: SSB03111                          Text: SSB03113
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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