House File 608

                                       HOUSE FILE       
                                       BY  TYMESON, JENKINS, KURTENBACH,
                                           and BOAL


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing a corporate income tax, franchise tax, or
  2    insurance premiums tax credit for continuation of salary or
  3    wages, or health benefits coverage for employees that are
  4    members of the national guard or military service reserve and
  5    are ordered to active duty, and including effective and
  6    retroactive applicability date provisions.
  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  8 TLSB 2724HH 80
  9 mg/pj/5

PAG LIN

  1  1    Section 1.  Section 422.33, Code 2003, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  14.  a.  The taxes imposed under this
  1  4 division shall be reduced by an active duty continuation of
  1  5 benefits tax credit.  A business is entitled to the credit if
  1  6 it has an employee who is a member of the national guard or
  1  7 military service reserve who is ordered to active duty, other
  1  8 than for annual training exercises, for whom the business does
  1  9 either of the following:
  1 10    (1)  Continues to include on its payroll at a salary or
  1 11 wages equal to at least the difference between the average
  1 12 monthly salary or wages paid by the business to the employee
  1 13 during the six months immediately preceding the employee's
  1 14 commencement of active duty and the monthly active duty pay.
  1 15    (2)  Continues to pay for health benefits coverage for the
  1 16 employee which coverage was the same as provided during the
  1 17 six months immediately preceding the employee's commencement
  1 18 of active duty.
  1 19    b.  The amount of the credit for a business entitled to the
  1 20 credit equals one thousand dollars for each employee for whom
  1 21 the business meets the requirements of paragraph "a",
  1 22 subparagraph (1) or (2), during the tax year.  However, if the
  1 23 business qualifies for the credit for the same employee in
  1 24 more than one tax year, the business shall select the year for
  1 25 which the credit will be claimed.
  1 26    c.  Any credit in excess of the tax liability for the tax
  1 27 year may be credited to the tax liability for the following
  1 28 ten tax years or until depleted, whichever is the earlier.
  1 29    Sec. 2.  Section 422.60, Code 2003, is amended by adding
  1 30 the following new subsection:
  1 31    NEW SUBSECTION.  7.  a.  The taxes imposed under this
  1 32 division shall be reduced by an active duty continuation of
  1 33 benefits tax credit.  A business is entitled to the credit if
  1 34 it has an employee who is a member of the national guard or
  1 35 military service reserve who is ordered to active duty, other
  2  1 than for annual training exercises, for whom the business does
  2  2 either of the following:
  2  3    (1)  Continues to include on its payroll at a salary or
  2  4 wages equal to at least the difference between the average
  2  5 monthly salary or wages paid by the business to the employee
  2  6 during the six months immediately preceding the employee's
  2  7 commencement of active duty and the monthly active duty pay.
  2  8    (2)  Continues to pay for health benefits coverage for the
  2  9 employee which coverage was the same as provided during the
  2 10 six months immediately preceding the employee's commencement
  2 11 of active duty.
  2 12    b.  The amount of the credit for a business entitled to the
  2 13 credit equals one thousand dollars for each employee for whom
  2 14 the business meets the requirements of paragraph "a",
  2 15 subparagraph (1) or (2), during the tax year.  However, if the
  2 16 business qualifies for the credit for the same employee in
  2 17 more than one tax year, the business shall select the year for
  2 18 which the credit will be claimed.
  2 19    c.  Any credit in excess of the tax liability for the tax
  2 20 year may be credited to the tax liability for the following
  2 21 ten tax years or until depleted, whichever is the earlier.
  2 22    Sec. 3.  NEW SECTION.  432.12D  ACTIVE DUTY CONTINUATION OF
  2 23 BENEFITS TAX CREDIT.
  2 24    1.  The taxes imposed under this chapter shall be reduced
  2 25 by an active duty continuation of benefits tax credit.  A
  2 26 business is entitled to the credit if it has an employee who
  2 27 is a member of the national guard or military service reserve
  2 28 who is ordered to active duty, other than for annual training
  2 29 exercises, for whom the business does either of the following:
  2 30    a.  Continues to include on its payroll at a salary or
  2 31 wages equal to at least the difference between the average
  2 32 monthly salary or wages paid by the business to the employee
  2 33 during the six months immediately preceding the employee's
  2 34 commencement of active duty and the monthly active duty pay.
  2 35    b.  Continues to pay for health benefits coverage for the
  3  1 employee which coverage was the same as provided during the
  3  2 six months immediately preceding the employee's commencement
  3  3 of active duty.
  3  4    2.  The amount of the credit for a business entitled to the
  3  5 credit equals one thousand dollars for each employee for whom
  3  6 the business meets the requirements of subsection 1, paragraph
  3  7 "a" or "b", during the tax year.  However, if the business
  3  8 qualifies for the credit for the same employee in more than
  3  9 one tax year, the business shall select the year for which the
  3 10 credit will be claimed.
  3 11    c.  Any credit in excess of the tax liability for the tax
  3 12 year may be credited to the tax liability for the following
  3 13 ten tax years or until depleted, whichever is the earlier.
  3 14    Sec. 4.  EFFECTIVE AND APPLICABILITY DATE.  This Act, being
  3 15 deemed of immediate importance, takes effect upon enactment
  3 16 and applies retroactively to January 1, 2003, for tax years
  3 17 beginning on or after that date.
  3 18                           EXPLANATION
  3 19    This bill provides corporate income tax, franchise tax, and
  3 20 insurance premiums tax credits for a business that has an
  3 21 employee who is a member of the national guard or military
  3 22 service reserve who is called to active duty and that either
  3 23 continues the employee on the business's payroll or continues
  3 24 providing health benefit coverage.  The amount of the credit
  3 25 equals $1,000 per such employee.  The credit is nonrefundable
  3 26 but may be carried forward 10 tax years or until depleted.
  3 27    The bill takes effect upon enactment and applies
  3 28 retroactively to January 1, 2003, for tax years beginning on
  3 29 or after that date.
  3 30 LSB 2724HH 80
  3 31 mg/pj/5