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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