Senate File 266

                                       SENATE FILE       
                                       BY  LARSON


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

                                      A BILL FOR

  1 An Act relating to ethanol blended gasoline tax credits, and
  2    providing for its retroactive applicability, refunds, and an
  3    effective date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2364XS 80
  6 da/cl/14

PAG LIN

  1  1    Section 1.  2001 Iowa Acts, chapter 123, section 6,
  1  2 subsection 2, is amended to read as follows:
  1  3    2.  The ethanol blended gasoline tax credits provided in
  1  4 sections 422.11C and 422.33 apply to tax years beginning on or
  1  5 after January 1, 2002.  Notwithstanding the provisions in
  1  6 those sections limiting the tax credits to taxpayers' tax
  1  7 years, the amount of the initial tax credit under these
  1  8 sections for each eligible service station shall be based on
  1  9 the total number of gallons of ethanol blended gasoline sold
  1 10 and dispensed through all metered pumps located at the
  1 11 taxpayer's service station from January 1, 2002, until the
  1 12 beginning of the taxpayer's next fiscal year.  The department
  1 13 of revenue and finance shall perform functions, prior to the
  1 14 beginning of that tax year, necessary in order to implement
  1 15 the tax credits.
  1 16    Sec. 2.  REFUNDS.  Refunds of taxes, interest, or penalties
  1 17 which arise from claims resulting from the enactment of 2001
  1 18 Iowa Acts, chapter 123, section 6, subsection 2, as amended in
  1 19 this Act, for sales of ethanol blended gasoline occurring
  1 20 between January 1, 2002, and the effective date of this Act,
  1 21 shall be limited to one hundred thousand dollars in the
  1 22 aggregate and shall not be allowed unless refund claims are
  1 23 filed prior to October 1, 2003, notwithstanding any other
  1 24 provision of law.  If the amount of claims totals more than
  1 25 one hundred thousand dollars in the aggregate, the department
  1 26 of revenue and finance shall prorate the one hundred thousand
  1 27 dollars among all claimants in relation to the amounts of the
  1 28 claimants' valid claims.
  1 29    Sec. 3.  EFFECTIVE DATE AND RETROACTIVE APPLICABILITY
  1 30 PROVISION.  This Act, being deemed of immediate importance,
  1 31 takes effect upon enactment and applies retroactively to
  1 32 January 1, 2002.
  1 33                           EXPLANATION
  1 34    BACKGROUND.  In 2001 the general assembly enacted House
  1 35 File 716, which promoted the production and consumption of
  2  1 ethanol.  In part the bill provided a tax credit for retail
  2  2 dealers of gasoline who sell ethanol blended gasoline (motor
  2  3 fuel containing at least 10 percent alcohol).  The tax credit
  2  4 applies to both taxpayers filing as individuals under new Code
  2  5 section 422.11C and businesses under Code section 422.33.
  2  6 Specifically, it provides a tax credit for a retail dealer who
  2  7 operates at least one service station at which more than 60
  2  8 percent of the total gallons of gasoline sold by the retail
  2  9 dealer is ethanol blended gasoline.
  2 10    PROVISIONS OF THE BILL.  The bill changes when a retail
  2 11 dealer may claim the tax credit.  Under House File 716, the
  2 12 date is tied to the beginning of the retail dealer's tax year,
  2 13 but it must begin on or after January 1, 2002.  The bill
  2 14 allows a retail dealer whose tax year began after January 1,
  2 15 2002, to be eligible for a tax credit in the period beginning
  2 16 January 1, 2002, and ending just before the retail dealer's
  2 17 next tax year begins.  It also provides a refund of taxes
  2 18 which arise from claims resulting from the enactment of the
  2 19 bill.
  2 20    The bill takes effect upon enactment.
  2 21 LSB 2364XS 80
  2 22 da/cl/14