Senate Amendment 3287


PAG LIN




     1  1    Amend Senate File 426 as follows:
     1  2 #1.  By striking everything after the enacting
     1  3 clause and inserting the following:
     1  4    <Section 1.  Section 15.333, subsection 1,
     1  5 unnumbered paragraph 1, Code 2003, is amended to read
     1  6 as follows:
     1  7    An eligible business may claim a corporate tax
     1  8 credit up to a maximum of ten percent of the new
     1  9 investment which is directly related to new jobs
     1 10 created by the location or expansion of an eligible
     1 11 business under the program.  Any credit in excess of
     1 12 the tax liability for the tax year may be credited to
     1 13 the tax liability for the following seven years or
     1 14 until depleted, whichever occurs earlier.  Subject to
     1 15 prior approval by the department of economic
     1 16 development in consultation with the department of
     1 17 revenue and finance, an eligible business whose
     1 18 project primarily involves the production of value=
     1 19 added agricultural products may elect to receive a
     1 20 refund of all or a portion of an unused tax credit.
     1 21 For purposes of this section, an eligible business
     1 22 includes a cooperative described in section 521 of the
     1 23 Internal Revenue Code which is not required to file an
     1 24 Iowa corporate income tax return, and whose project
     1 25 primarily involves the production of ethanol.  The
     1 26 refund may be used against a tax liability imposed
     1 27 under chapter 422, division II, III, or V.  If the
     1 28 business is a partnership, S corporation, limited
     1 29 liability company, cooperative organized under chapter
     1 30 501 and filing as a partnership for federal tax
     1 31 purposes, or estate or trust electing to have the
     1 32 income taxed directly to the individual, an individual
     1 33 may claim the tax credit allowed.  The amount claimed
     1 34 by the individual shall be based upon the pro rata
     1 35 share of the individual's earnings of the partnership,
     1 36 S corporation, limited liability company, cooperative
     1 37 organized under chapter 501 and filing as a
     1 38 partnership for federal tax purposes, or estate or
     1 39 trust.
     1 40    Sec. 2.  Section 15.333, subsection 2, Code 2003,
     1 41 is amended to read as follows:
     1 42    2.  An eligible business whose project primarily
     1 43 involves the production of value=added agricultural
     1 44 products, that elects to receive a refund of all or a
     1 45 portion of an unused tax credit, shall apply to the
     1 46 department of economic development for tax credit
     1 47 certificates.  An eligible business whose project
     1 48 primarily involves the production of value=added
     1 49 agricultural products shall not claim a tax credit
     1 50 under this section unless a tax credit certificate
     2  1 issued by the department of economic development is
     2  2 attached to the taxpayer's tax return for the tax year
     2  3 for which the tax credit is claimed.  For purposes of
     2  4 this section, an eligible business includes a
     2  5 cooperative described in section 521 of the Internal
     2  6 Revenue Code which is not required to file an Iowa
     2  7 corporate income tax return, and whose project
     2  8 primarily involves the production of ethanol.  For
     2  9 purposes of this section, an eligible business also
     2 10 includes a cooperative described in section 521 of the
     2 11 Internal Revenue Code which is required to file an
     2 12 Iowa corporate income tax return and whose project
     2 13 primarily involves the production of ethanol.  Such
     2 14 cooperative may elect to transfer all or a portion of
     2 15 its tax credit to its members.  The amount of tax
     2 16 credit transferred and claimed by a member shall be
     2 17 based upon the pro rata share of the member's earnings
     2 18 of the cooperative.
     2 19    A tax credit certificate shall not be valid until
     2 20 the tax year following the date of the project
     2 21 completion.  A tax credit certificate shall contain
     2 22 the taxpayer's name, address, tax identification
     2 23 number, the date of project completion, the amount of
     2 24 the tax credit, and other information required by the
     2 25 department of revenue and finance.  The department of
     2 26 economic development shall not issue tax credit
     2 27 certificates which total more than four million
     2 28 dollars during a fiscal year.  If the department
     2 29 receives applications for tax credit certificates in
     2 30 excess of four million dollars, the applicants shall
     2 31 receive certificates for a prorated amount.  The tax
     2 32 credit certificates shall not be transferred except as
     2 33 provided in this subsection for a cooperative
     2 34 described in section 521 of the Internal Revenue Code
     2 35 which is required to file an Iowa corporate income tax
     2 36 return and whose project primarily involves the
     2 37 production of ethanol.  For a cooperative described in
     2 38 section 521 of the Internal Revenue Code, the
     2 39 department of economic development shall require that
     2 40 the cooperative submit a list of its members and the
     2 41 share of each member's interest in the cooperative.
     2 42 The department shall issue a tax credit certificate to
     2 43 each member contained on the submitted list.
     2 44    Sec. 3.  APPLICABILITY DATE.  This Act applies to
     2 45 tax years beginning on or after July 1, 2003.>
     2 46
     2 47
     2 48                               
     2 49 DR. JOE SENG
     2 50 SF 426.702 80
     3  1 da/cl

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