House Amendment 8599


PAG LIN




     1  1    Amend the amendment, H=8596, to Senate File 2399,
     1  2 as amended, passed, and reprinted by the Senate, as
     1  3 follows:
     1  4 #1.  Page 2, by inserting after line 25 the
     1  5 following:
     1  6    <#   .  Page 4, by inserting after line 8 the
     1  7 following:
     1  8    <Sec.    .  Section 476C.4, subsection 4, Code
     1  9 Supplement 2005, is amended by striking the subsection
     1 10 and inserting in lieu thereof the following:
     1 11    4.  A tax credit certificate may be filed pursuant
     1 12 to any of the following, to the extent applicable:
     1 13    a.  If the tax credit application is filed by a
     1 14 partnership, limited liability company, S corporation,
     1 15 estate, trust, or other reporting entity all of the
     1 16 income of which is taxed directly to its equity
     1 17 holders or beneficiaries, for the taxes imposed under
     1 18 chapter 422, division II or III, the tax credit
     1 19 certificate shall be issued directly to equity holders
     1 20 or beneficiaries of the applicant in proportion to
     1 21 their pro rata share of the income of such entity.
     1 22 The applicant shall, in the application made under
     1 23 this section, identify its equity holders or
     1 24 beneficiaries, and the percentage of such entity's
     1 25 income that is allocable to each equity holder or
     1 26 beneficiary.
     1 27    b.  If the tax credit applicant under this section
     1 28 is eligible to receive renewable electricity
     1 29 production credits authorized under section 45 of the
     1 30 Internal Revenue Code, as amended, and the tax credit
     1 31 applicant is a partnership, limited liability company,
     1 32 S corporation, estate, trust, or other reporting
     1 33 entity all of the income of which is taxed directly to
     1 34 its equity holders or beneficiaries, for the taxes
     1 35 imposed under chapter 422, division II or III, the tax
     1 36 credit certificate may be issued to a partner if the
     1 37 business is a partnership, a shareholder if the
     1 38 business is an S corporation, or a member if the
     1 39 business is a limited liability company in the amounts
     1 40 designated by the eligible partnership, S corporation,
     1 41 or limited liability company.  In absence of such
     1 42 designation, the credits under this section shall flow
     1 43 through to the partners, shareholders, or members in
     1 44 accordance with their pro rata share of the income of
     1 45 the entity.
     1 46    The applicant shall, in the application made under
     1 47 this section, identify the holders or beneficiaries
     1 48 that are to receive the tax credit certificates and
     1 49 the percentage of the tax credit that is allocable to
     1 50 each holder or beneficiary.
     2  1    c.  If an applicant under this section is eligible
     2  2 to receive renewable electricity production credits
     2  3 authorized under section 45 of the Internal Revenue
     2  4 Code, as amended, and the tax credit applicant is a
     2  5 partnership, limited liability company, S corporation,
     2  6 estate, trust, or other reporting entity all of the
     2  7 income of which is taxed directly to its equity
     2  8 holders or beneficiaries, for the taxes imposed under
     2  9 chapter 422, division II or III, the tax credit
     2 10 certificates and all future rights to the tax credit
     2 11 in this section may be distributed to an equity holder
     2 12 or beneficiary as a liquidating distribution or
     2 13 portion thereof, of a holder or beneficiary's interest
     2 14 in the applicant entity.
     2 15    The applicant shall, in the application made under
     2 16 this section, designate the percentage of the tax
     2 17 credit allocable to the liquidating equity holder or
     2 18 beneficiary that is to receive the current and future
     2 19 tax credit certificates under this section.
     2 20    d.  If the tax credit application is filed by a
     2 21 partnership, limited liability company, S corporation,
     2 22 estate, trust, or other reporting entity, all of whose
     2 23 income is taxed directly to its equity holders or
     2 24 beneficiaries for the taxes imposed under chapter 422,
     2 25 division V, or under chapter 423, 432, or 437A, the
     2 26 tax credit certificate shall be issued directly to the
     2 27 partnership, limited liability company, S corporation,
     2 28 estate, trust, or other reporting entity.>
     2 29 #   .  Page 4, by striking lines 23 through 25 and
     2 30 inserting the following:
     2 31    <Sec.    .  EFFECTIVE DATES.
     2 32    1.  The sections of this Act amending section
     2 33 476B.6, subsection 5, and section 476C.4, subsection
     2 34 4, being deemed of immediate importance, take effect
     2 35 upon enactment.
     2 36    2.  The section of this Act relating to a proposal
     2 37 for a study on the transmission of electricity takes
     2 38 effect July 1, 2006.
     2 39    3.  Except as otherwise provided in this section,
     2 40 this Act takes effect January 1, 2007.>
     2 41 #   .  Title page, line 3, by striking the words
     2 42 <an effective date> and inserting the following:
     2 43 <effective dates>.>
     2 44 #2.  By renumbering as necessary.
     2 45
     2 46
     2 47                               
     2 48 J. K. VAN FOSSEN of Scott
     2 49 SF 2399.703 81
     2 50 kk/gg/5308

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