422.10  Research activities credit.

The taxes imposed under this division shall be reduced by a state tax credit for increasing research activities in this state. For individuals, the credit equals six and one-half percent of the state's apportioned share of the qualifying expenditures for increasing research activities. The state's apportioned share of the qualifying expenditures for increasing research activities is a percent equal to the ratio of qualified research expenditures in this state to total qualified research expenditures. For purposes of this section, an individual may claim a research credit for qualifying research expenditures incurred by a partnership, subchapter S corporation, estate, or trust electing to have the income taxed directly to the individual. The amount claimed by the individual shall be based upon the pro rata share of the individual's earnings of a partnership, subchapter S corporation, estate, or trust. For purposes of this section, "qualifying expenditures for increasing research activities" means the qualifying expenditures as defined for the federal credit for increasing research activities which would be allowable under section 41 of the Internal Revenue Code in effect on January 1, 1998.

Any credit in excess of the tax liability imposed by section 422.5 less the credits allowed under sections 422.11A, 422.12, and 422.12B for the taxable year shall be refunded with interest computed under section 422.25. In lieu of claiming a refund, a taxpayer may elect to have the overpayment shown on the taxpayer's final, completed return credited to the tax liability for the following taxable year.

Section History: Recent form

  83 Acts, ch 179, § 8, 25; 85 Acts, ch 230, § 5; 86 Acts, ch 1007, § 22; 87 Acts, 2nd Ex, ch 1, § 10; 88 Acts, ch 1028, §21; 90 Acts, ch 1171, § 3; 91 Acts, ch 159, §10; 91 Acts, ch 215, §2; 93 Acts, ch 113, §2, 4; 94 Acts, ch 1166, §7, 11; 95 Acts, ch 152, §4, 7; 97 Acts, ch 23, §43; 97 Acts, ch 135, §6, 9; 98 Acts, ch 1078, §6, 10

Internal References

  Referred to in § 422.5, 422.6, 422.16

Footnotes

  1997 amendment to unnumbered paragraph 1 applies retroactively to tax years beginning on or after January 1, 1996; 97 Acts, ch 135, §9

  1998 amendment to unnumbered paragraph 1 applies retroactively to tax years beginning on or after January 1, 1997; 98 Acts, ch 1078, §10


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