Senate File 2003 SENATE FILE BY BRUNKHORST Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act providing for an individual income tax deduction for 2 contributions made to a qualified tuition program established 3 by certain educational institutions and including effective 4 and retroactive applicability date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5066XS 80 7 mg/sh/8 PAG LIN 1 1 Section 1. Section 422.7, Code Supplement 2003, is amended 1 2 by adding the following new subsection: 1 3 NEW SUBSECTION. 32A. a. Subtract contributions made by 1 4 the taxpayer as a participant in a qualified tuition program, 1 5 as defined in section 529(b) of the Internal Revenue Code, 1 6 established by one or more eligible educational institutions. 1 7 The maximum amount that may be subtracted under this paragraph 1 8 equals the maximum amount that is deductible under section 1 9 12D.3, subsection 1, paragraph "a", for contributions made to 1 10 the Iowa educational savings plan trust minus any amount 1 11 subtracted pursuant to subsection 32, paragraph "a", of this 1 12 section. 1 13 b. Add the amount of cash refunds or withdrawals refunded 1 14 to the taxpayer as a participant in a qualified tuition 1 15 program that is not used to satisfy qualified higher education 1 16 expenses, as defined in section 529(e) of the Internal Revenue 1 17 Code, to the extent previously deducted under paragraph "a". 1 18 Sec. 2. EFFECTIVE AND RETROACTIVE DATE. This Act, being 1 19 deemed of immediate importance, takes effect upon enactment 1 20 and applies retroactively to January 1, 2004, for tax years 1 21 beginning on or after that date. 1 22 EXPLANATION 1 23 This bill allows for an individual income tax deduction for 1 24 contributions made to a qualified tuition program established 1 25 by one or more educational institutions. The program is the 1 26 counterpart to the Iowa educational savings plan trust (state 1 27 program) and allows a taxpayer to make contributions to a 1 28 trust set up in the name of a designated beneficiary to pay 1 29 the costs associated with higher education. The amount that 1 30 may be deducted is the maximum amount that may be deducted for 1 31 contributions to the state program ($2,000, to be adjusted for 1 32 inflation) less any amount that has been deducted for the tax 1 33 year for contributions to the state program. 1 34 The bill also provides that any refunds or withdrawals made 1 35 which the taxpayer receives and which are not used for 2 1 qualified tuition costs are to be included in income to the 2 2 extent previously deducted. 2 3 The bill takes effect upon enactment and applies 2 4 retroactively to January 1, 2004, for tax years beginning on 2 5 or after that date. 2 6 LSB 5066XS 80 2 7 mg/sh/8