House File 2121 - Introduced



                                       HOUSE FILE       
                                       BY  BOAL


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

                                      A BILL FOR

  1 An Act relating to a home schooling tax credit under the
  2    individual income tax for expenses related to competent
  3    private instruction for children in grades kindergarten
  4    through twelve and including effective and retroactive
  5    applicability date provisions.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 5066YH 81
  8 mg/gg/14

PAG LIN



  1  1    Section 1.  Section 422.12, Code 2005, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  2A.  a.  A home schooling tax credit equal
  1  4 to twenty=five percent of the first one thousand dollars which
  1  5 the taxpayer has spent or paid to others for each dependent in
  1  6 grades kindergarten through twelve for the costs of tuition
  1  7 and textbooks for competent private instruction provided in a
  1  8 setting other than a public or an accredited nonpublic school
  1  9 in this state.  A taxpayer claiming a credit under subsection
  1 10 2 shall not receive a credit under this subsection for the
  1 11 same dependent for the same school year.
  1 12    b.  For purposes of this subsection, unless the context
  1 13 otherwise requires:
  1 14    (1)  "Competent private instruction" means competent
  1 15 private instruction as defined in section 299A.1 which meets
  1 16 the requirements and procedures specified in chapter 299A.
  1 17    (2)  "School year" means the twelve=month period beginning
  1 18 July 1.
  1 19    (3)  "Textbooks" means books and other instructional
  1 20 materials and equipment used in teaching only those subjects
  1 21 legally and commonly taught in public elementary and secondary
  1 22 schools in this state and does not include instructional books
  1 23 and materials used in the teaching of religious tenets,
  1 24 doctrines, or worship, the purpose of which is to inculcate
  1 25 those tenets, doctrines, or worship.  "Textbooks" includes
  1 26 books or materials used for extracurricular activities,
  1 27 including sporting events, musical or dramatic events, speech
  1 28 activities, driver's education, or programs of a similar
  1 29 nature.
  1 30    (4)  "Tuition" means any charges for the expenses of
  1 31 personnel, buildings, equipment, and materials other than
  1 32 textbooks, and other expenses which relate to the teaching
  1 33 only of those subjects legally and commonly taught in public
  1 34 elementary and secondary schools in this state and which do
  1 35 not relate to the teaching of religious tenets, doctrines, or
  2  1 worship, the purpose of which is to inculcate those tenets,
  2  2 doctrines, or worship.  "Tuition" includes those expenses
  2  3 which relate to extracurricular activities, including sporting
  2  4 events, musical or dramatic events, speech activities,
  2  5 driver's education, or programs of a similar nature.
  2  6    Sec. 2.  EFFECTIVE AND APPLICABILITY DATE.  This Act, being
  2  7 deemed of immediate importance, takes effect upon enactment
  2  8 and applies retroactively to January 1, 2006, for tax years
  2  9 beginning on or after that date for tuition and textbook
  2 10 expenditures made on or after January 1, 2006, for school
  2 11 years ending on or after that date.
  2 12                           EXPLANATION
  2 13    This bill provides a home schooling tax credit equal to 25
  2 14 percent of the first $1,000 spent by a taxpayer on tuition and
  2 15 textbooks for each dependent to receive competent private
  2 16 instruction in kindergarten through grade 12.  The credit is
  2 17 in lieu of the present tuition tax credit.  Competent private
  2 18 instruction is instruction that uses a plan and a course of
  2 19 study in a setting other than a public or accredited private
  2 20 school.  This tax credit takes effect upon enactment and
  2 21 applies retroactively beginning with the 2006 tax year to
  2 22 expenditures made on or after January 1, 2006, for school
  2 23 years ending on or after that date.
  2 24    The bill takes effect upon enactment.
  2 25 LSB 5066YH 81
  2 26 mg:rj/gg/14