701—42.29 (422) Early childhood development tax credit. Effective for tax years beginning on or after January 1, 2006, taxpayers may claim a tax credit equal to 25 percent of the first $1,000 of expenses paid to others for early childhood development for each dependent three to five years of age. The credit is available only to taxpayers whose net income is less than $45,000. If a taxpayer claims the early childhood development tax credit, the taxpayer cannot claim the child and dependent care credit described in rule 701—42.9(422). The early childhood development tax credit is refundable to the extent that the credit exceeds the taxpayer’s income tax liability. For the tax year beginning in the 2006 calendar year only, amounts paid for early childhood development expenses in November and December of 2005 shall be considered paid in 2006 for purposes of computing the credit.
For married taxpayers who elect to file separately on a combined form or elect to file separate returns for Iowa tax purposes, the combined income of the taxpayers must be less than $45,000 to be eligible for the credit. If the combined income is less than $45,000, the early childhood development tax credit shall be prorated to each spouse in the proportion that each spouse’s respective net income bears to the total combined income.
	 42.29(1) Expenses eligible for the credit. The following expenses qualify for the early childhood development tax credit, to the extent they are paid during the time period that a dependent is either three, four or five years of age:
	  a.   	 Expenses for services provided by a preschool, as defined in Iowa Code section 237A.1. The preschool may only provide services for periods of time not exceeding three hours per day.
	  b.   	 Books that improve child development, including textbooks, music books, art books, teacher editions and reading books.
	  c.   	 Expenses paid for instructional materials required to be used in a child development or educational lesson activity. These materials include, but are not limited to, paper, notebooks, pencils, and art supplies. In addition, software and toys which are directly and primarily used for educational or learning purposes are considered instructional materials.
	  d.   	 Expenses paid for lesson plans and curricula.
	  e.   	 Expenses paid for child development and educational activities outside the home. These activities include, but are not limited to, drama, art, music and museum activities, including the entrance fees for such activities.
	 42.29(2) Expenses not eligible for the credit. The following expenses do not qualify for the early childhood development tax credit:
	  a.   	 Any expenses paid to a preschool once a dependent reaches the age of six.
	  b.   	 Expenses relating to food, lodging, membership fees, or other nonacademic expenses relating to child development and educational activities outside the home.
	  c.   	 Expenses related to services, materials, or activities for the teaching of religious tenets, doctrines, or worship, in cases where the purpose of the teaching is to inculcate the religious tenets, doctrines, or worship.
This rule is intended to implement Iowa Code section 422.12C as amended by 2005 Iowa Acts, chapter 148, and as amended by 2006 Iowa Acts, House File 2794, sections 24 and 25.