Senate File 268

                                       SENATE FILE       
                                       BY  COMMITTEE ON AGRICULTURE

                                       (SUCCESSOR TO SSB 1066)


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

                                      A BILL FOR

  1 An Act relating to tax credits and associated refunds for
  2    cooperatives engaged in the production of value=added
  3    agricultural products, and providing for its applicability.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1614SV 80
  6 da/pj/5

PAG LIN

  1  1    Section 1.  Section 15.333, subsection 1, unnumbered
  1  2 paragraph 1, Code 2003, is amended to read as follows:
  1  3    An eligible business may claim a corporate tax credit up to
  1  4 a maximum of ten percent of the new investment which is
  1  5 directly related to new jobs created by the location or
  1  6 expansion of an eligible business under the program.  Any
  1  7 credit in excess of the tax liability for the tax year may be
  1  8 credited to the tax liability for the following seven years or
  1  9 until depleted, whichever occurs earlier.  Subject to prior
  1 10 approval by the department of economic development in
  1 11 consultation with the department of revenue and finance, an
  1 12 eligible business whose project primarily involves the
  1 13 production of value=added agricultural products may elect to
  1 14 receive a refund of all or a portion of an unused tax credit.
  1 15 For purposes of this section, an eligible business includes a
  1 16 cooperative described in section 521 of the Internal Revenue
  1 17 Code which is not required to file an Iowa corporate income
  1 18 tax return, and whose project primarily involves the
  1 19 production of ethanol.  The refund may be used against a tax
  1 20 liability imposed under chapter 422, division II, III, or V.
  1 21 If the business is a partnership, S corporation, limited
  1 22 liability company, cooperative organized under chapter 501 and
  1 23 filing as a partnership for federal tax purposes, or estate or
  1 24 trust electing to have the income taxed directly to the
  1 25 individual, an individual may claim the tax credit allowed.
  1 26 The amount claimed by the individual shall be based upon the
  1 27 pro rata share of the individual's earnings of the
  1 28 partnership, S corporation, limited liability company,
  1 29 cooperative organized under chapter 501 and filing as a
  1 30 partnership for federal tax purposes, or estate or trust.
  1 31    Sec. 2.  Section 15.333, subsection 2, Code 2003, is
  1 32 amended to read as follows:
  1 33    2.  An eligible business whose project primarily involves
  1 34 the production of value=added agricultural products, that
  1 35 elects to receive a refund of all or a portion of an unused
  2  1 tax credit, shall apply to the department of economic
  2  2 development for tax credit certificates.  An eligible business
  2  3 whose project primarily involves the production of value=added
  2  4 agricultural products shall not claim a tax credit under this
  2  5 section unless a tax credit certificate issued by the
  2  6 department of economic development is attached to the
  2  7 taxpayer's tax return for the tax year for which the tax
  2  8 credit is claimed.  For purposes of this section, an eligible
  2  9 business includes a cooperative described in section 521 of
  2 10 the Internal Revenue Code which is not required to file an
  2 11 Iowa corporate income tax return, and whose project primarily
  2 12 involves the production of ethanol.  For purposes of this
  2 13 section, an eligible business also includes a cooperative
  2 14 described in section 521 of the Internal Revenue Code which is
  2 15 required to file an Iowa corporate income tax return and whose
  2 16 project primarily involves the production of ethanol.  Such
  2 17 cooperative may elect to transfer all or a portion of its tax
  2 18 credit to its members.  The amount of tax credit transferred
  2 19 and claimed by a member shall be based upon the pro rata share
  2 20 of the member's earnings of the cooperative.
  2 21    A tax credit certificate shall not be valid until the tax
  2 22 year following the date of the project completion.  A tax
  2 23 credit certificate shall contain the taxpayer's name, address,
  2 24 tax identification number, the date of project completion, the
  2 25 amount of the tax credit, and other information required by
  2 26 the department of revenue and finance.  The department of
  2 27 economic development shall not issue tax credit certificates
  2 28 which total more than four million dollars during a fiscal
  2 29 year.  If the department receives applications for tax credit
  2 30 certificates in excess of four million dollars, the applicants
  2 31 shall receive certificates for a prorated amount.  The tax
  2 32 credit certificates shall not be transferred except as
  2 33 provided in this subsection for a cooperative described in
  2 34 section 521 of the Internal Revenue Code which is required to
  2 35 file an Iowa corporate income tax return and whose project
  3  1 primarily involves the production of ethanol.  For a
  3  2 cooperative described in section 521 of the Internal Revenue
  3  3 Code, the department of economic development shall require
  3  4 that the cooperative submit a list of its members and the
  3  5 share of each member's interest in the cooperative.  The
  3  6 department shall issue a tax credit certificate to each member
  3  7 contained on the submitted list.
  3  8    Sec. 3.  APPLICABILITY DATE.  This Act applies to tax years
  3  9 beginning on or after July 1, 2003.
  3 10                           EXPLANATION
  3 11    This bill eliminates a requirement that a cooperative must
  3 12 be engaged in ethanol production to be eligible to claim a
  3 13 special tax credit or refund available to an eligible business
  3 14 involved in the production of value=added agricultural
  3 15 products.
  3 16    The bill amends provisions in Code section 15.333, which
  3 17 provides that an eligible business may claim a tax credit of
  3 18 up to 10 percent of a new investment that involves the
  3 19 creation of new jobs.  The Code section provides that an
  3 20 eligible business involved in the production of value=added
  3 21 agricultural products may elect to receive a refund of all or
  3 22 a portion of the unused tax credit.  The business must receive
  3 23 a certificate issued by the department of economic development
  3 24 in order to receive the tax credit or refund.  The provision
  3 25 allowing a cooperative to claim a tax credit or refund was
  3 26 enacted during the 2001 Session in House File 716 (2001 Acts,
  3 27 chapter 123).
  3 28 LSB 1614SV 80
  3 29 da/pj/5