Text: SSB03136                          Text: SSB03138
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Senate Study Bill 3137

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  422.11J  SCHOOL TUITION
  1  2 ORGANIZATION TAX CREDIT.
  1  3    1.  The taxes imposed under this division less the credits
  1  4 allowed under sections 422.12 and 422.12B shall be reduced by
  1  5 a school tuition organization tax credit equal to the amount
  1  6 of the voluntary cash contributions made by the taxpayer
  1  7 during the tax year to a school tuition organization, not to
  1  8 exceed either of the following:
  1  9    a.  Five hundred dollars for a single individual.
  1 10    b.  Six hundred twenty-five dollars for a married couple.
  1 11    2.  To be eligible for this credit, all of the following
  1 12 shall apply:
  1 13    a.  A deduction pursuant to section 170 of the Internal
  1 14 Revenue Code for any amount of the contribution is not taken
  1 15 for state tax purposes.
  1 16    b.  The contribution does not designate that any part of
  1 17 the contribution be used for the direct benefit of any
  1 18 dependent of the taxpayer.
  1 19    3.  Any credit in excess of the tax liability is not
  1 20 refundable but the excess for the tax year may be credited to
  1 21 the tax liability for the following five tax years or until
  1 22 depleted, whichever is the earlier.
  1 23    4.  Married taxpayers who file separate returns or file
  1 24 separately on a combined return form must determine the tax
  1 25 credit under subsection 1, paragraph "b", based upon their
  1 26 combined net income and allocate the total credit amount to
  1 27 each spouse in the proportion that each spouse's respective
  1 28 net income bears to the total combined net income.
  1 29 Nonresidents or part-year residents of Iowa must determine
  1 30 their tax credit in the ratio of their Iowa source net income
  1 31 to their all source net income.  Nonresidents or part-year
  1 32 residents who are married and elect to file separate returns
  1 33 or to file separately on a combined return form must allocate
  1 34 the tax credit between the spouses in the ratio of each
  1 35 spouse's Iowa source net income to the combined Iowa source
  2  1 net income of the taxpayers.
  2  2    5.  For purposes of this section:
  2  3    a.  "Disabled student" means a student who has any of the
  2  4 following conditions:
  2  5    (1)  Hearing impairment.
  2  6    (2)  Visual impairment.
  2  7    (3)  Preschool moderate delay.
  2  8    (4)  Preschool severe delay.
  2  9    (5)  Preschool speech or language delay.
  2 10    b.  "Qualified school" means a preschool for disabled
  2 11 students in this state or a nonpublic elementary or secondary
  2 12 school in this state which is accredited under section 256.11
  2 13 and adheres to the provisions of the federal Civil Rights Act
  2 14 of 1964 and chapter 216.
  2 15    c.  "School tuition organization" means a charitable
  2 16 organization in this state that is exempt from federal
  2 17 taxation under section 501(c)(3) of the Internal Revenue Code
  2 18 and that allocates at least ninety percent of its annual
  2 19 revenue for educational scholarships or tuition grants to
  2 20 children to allow them to attend any qualified school of their
  2 21 parents' choice.  In addition, to qualify as a school tuition
  2 22 organization, the charitable organization shall provide
  2 23 educational scholarships or tuition grants to students without
  2 24 limiting availability to only students of one school.
  2 25    6.  A school tuition organization that receives a voluntary
  2 26 cash contribution pursuant to this subsection shall report to
  2 27 the department, in a form prescribed by the department, by
  2 28 February 28 of each year all of the following information:
  2 29    a.  The name, address, and contact name of the school
  2 30 tuition organization.
  2 31    b.  The total number of contributions received during the
  2 32 previous calendar year.
  2 33    c.  The total dollar amount of contributions received
  2 34 during the previous calendar year.
  2 35    d.  The total number of children awarded educational
  3  1 scholarships or tuition grants during the previous calendar
  3  2 year.
  3  3    e.  The total dollar amount of educational scholarships and
  3  4 tuition grants awarded during the previous calendar year.
  3  5    f.  For each school to which educational scholarships or
  3  6 tuition grants were awarded all of the following shall be
  3  7 provided:
  3  8    (1)  The name and address of the school.
  3  9    (2)  The number of educational scholarships and tuition
  3 10 grants awarded during the previous calendar year.
  3 11    (3)  The total dollar amount of educational scholarships
  3 12 and tuition grants awarded during the previous calendar year.
  3 13    Sec. 2.  APPLICABILITY DATE.  This Act applies to tax years
  3 14 beginning on or after January 1, 2005.  
  3 15                           EXPLANATION
  3 16    This bill provides for an individual income tax credit
  3 17 equal to the voluntary contributions made to a school tuition
  3 18 organization that is exempt from federal income tax.  The tax
  3 19 credit is limited to $500 for single individuals and $625 for
  3 20 married persons filing jointly.  If married individuals file
  3 21 separately, the $625 is divided between them based upon each
  3 22 individual's net income.  At least 90 percent of total
  3 23 contributions must be used by the school tuition organization
  3 24 to provide educational scholarships or tuition grants to
  3 25 children attending nonpublic schools or preschools for
  3 26 disabled students that are accredited under state law and
  3 27 adhere to the federal Civil Rights Act of 1964 and the state
  3 28 civil rights law.  The contribution may not be deducted as a
  3 29 charitable deduction for state tax purposes or be designated
  3 30 for the direct benefit of the taxpayer's dependents.
  3 31    The school tuition organization must report to the
  3 32 department of revenue information related to the amount of
  3 33 contributions made to the organization, and the number,
  3 34 school, and amount of scholarships and grants awarded.
  3 35    The bill applies to tax years beginning on or after January
  4  1 1, 2005.  
  4  2 LSB 6013SC 80
  4  3 mg/pj/5
     

Text: SSB03136                          Text: SSB03138
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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