House Amendment 8094


PAG LIN

     1  1    Amend the amendment, H=8045, to Senate File 2088,
     1  2 as amended, passed, and reprinted by the Senate, as
     1  3 follows:
     1  4 #1.  Page 11, after line 41 by inserting:  #___.
     1  5 Page 118, after line 8 by inserting:
     1  6                          <DIVISION ___
     1  7                  WIND ENERGY TAX CREDIT REPEAL
     1  8    Sec. ___.  Section 422.11J, Code 2009, is amended to
     1  9 read as follows:
     1 10    422.11J  Tax credits for wind energy production and
     1 11 renewable energy.
     1 12    The taxes imposed under this division, less the
     1 13 credits allowed under section 422.12, shall be reduced
     1 14 by the tax credits credit for wind energy production
     1 15 allowed under chapter 476B and for renewable energy
     1 16 allowed under chapter 476C.
     1 17    Sec. ___.  Section 422.33, subsection 16, Code
     1 18 Supplement 2009, is amended to read as follows:
     1 19    16.  The taxes imposed under this division shall
     1 20 be reduced by the tax credits credit for wind energy
     1 21 production allowed under chapter 476B and for renewable
     1 22 energy allowed under chapter 476C.
     1 23    Sec. ___.  Section 422.60, subsection 8, Code
     1 24 Supplement 2009, is amended to read as follows:
     1 25    8.  The taxes imposed under this division shall
     1 26 be reduced by the tax credits credit for wind energy
     1 27 production allowed under chapter 476B and for renewable
     1 28 energy allowed under chapter 476C.
     1 29    Sec. ___.  Section 423.4, subsection 4, Code
     1 30 Supplement 2009, is amended to read as follows:
     1 31    4.  A person in possession of a wind energy
     1 32 production tax credit certificate pursuant to chapter
     1 33 476B or a renewable energy tax credit certificate
     1 34 issued pursuant to chapter 476C may apply to the
     1 35 director for refund of the amount of sales or use tax
     1 36 imposed and paid upon purchases made by the applicant.
     1 37    a.  The refunds may be obtained only in the
     1 38 following manner and under the following conditions:
     1 39    (1)  On forms furnished by the department and filed
     1 40 by January 31 after the end of the calendar year in
     1 41 which the tax credit certificate is to be applied, the
     1 42 applicant shall report to the department the total
     1 43 amount of sales and use tax paid during the reporting
     1 44 period on purchases made by the applicant.
     1 45    (2)  The applicant shall separately list the amounts
     1 46 of sales and use tax paid during the reporting period.
     1 47    (3)  If required by the department, the applicant
     1 48 shall prove that the person making the sales has
     1 49 included the amount thereof in the computation of the
     1 50 sales price of such person and that such person has
     2  1 paid the tax levied by this subchapter or subchapter
     2  2 III, based upon such computation of the sales price.
     2  3    (4)  The applicant shall provide the tax credit
     2  4 certificates certificate issued pursuant to chapter
     2  5 476B or 476C to the department with the forms required
     2  6 by this paragraph "a".
     2  7    b.  If satisfied that the foregoing conditions
     2  8 and requirements have been complied with, the
     2  9 director shall refund the amount claimed by the
     2 10 applicant for an amount not greater than the
     2 11 amount of tax credits credit issued in a tax credit
     2 12 certificates certificate pursuant to chapter
     2 13 476B or 476C.
     2 14    Sec. ___.  Section 432.12E, Code 2009, is amended to
     2 15 read as follows:
     2 16    432.12E  Tax credits for wind energy production and
     2 17 renewable energy.
     2 18    The taxes imposed under this chapter shall be
     2 19 reduced by the tax credits for wind energy production
     2 20 allowed under chapter 476B and credit for renewable
     2 21 energy allowed under chapter 476C.
     2 22    Sec. ___.  Section 437A.6, subsection 1, paragraph
     2 23 c, Code Supplement 2009, is amended to read as follows:
     2 24    c.  Wind energy conversion property subject to
     2 25 section 427B.26 or eligible for a tax credit under
     2 26 chapter 476B.
     2 27    Sec. ___.  Section 437A.17B, Code 2009, is amended
     2 28 to read as follows:
     2 29    437A.17B  Reimbursement for renewable energy.
     2 30    A person in possession of a wind energy tax credit
     2 31 certificate issued pursuant to chapter 476B or a
     2 32 renewable energy tax credit certificate issued
     2 33 pursuant to chapter 476C may apply to the director
     2 34 for a reimbursement of the amount of taxes imposed
     2 35 and paid by the person pursuant to this chapter in
     2 36 an amount not more than the person received in wind
     2 37 energy tax credit certificates pursuant to chapter
     2 38 476B or renewable energy tax credit certificates
     2 39 pursuant to chapter 476C. To obtain the reimbursement,
     2 40 the person shall attach to the return required under
     2 41 section 437A.8 the wind energy tax credit certificates
     2 42 issued to the person pursuant to chapter 476B, or the
     2 43 renewable energy tax credit certificates issued to the
     2 44 person pursuant to chapter 476C, and provide any other
     2 45 information the director may require. The director
     2 46 shall direct a warrant to be issued to the person for
     2 47 an amount equal to the tax imposed and paid by the
     2 48 person pursuant to this chapter but for not more than
     2 49 the amount of the wind energy tax credit certificates
     2 50 or renewable energy tax credit certificates attached to
     3  1 the return.
     3  2    Sec. ___.  Section 476C.4, subsection 6, Code 2009,
     3  3 is amended by striking the subsection.
     3  4    Sec. ___.  Section 524.802, subsection 14, Code
     3  5 2009, is amended by striking the subsection.
     3  6    Sec. ___.  REPEAL.  Section 476B.2, 476B.3, 476B.7,
     3  7 476B.8, 476B.9, and 476B.10, Code 2009, is repealed.
     3  8    Sec. ___.  REPEAL.  Sections 476B.1, 476B.4,
     3  9 476B.5, 476B.6, and 476B.6A, Code Supplement 2009, are
     3 10 repealed. >>


                                        
          WATTS of Dallas
          SF2088.1012 (2) 83
          rn/rj:nh

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