House File 2420 - Introduced



                                       HOUSE FILE       
                                       BY  QUIRK


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

                                      A BILL FOR

  1 An Act allowing the creation of capital improvement investment
  2    accounts for certain small businesses and providing tax
  3    credits and exemptions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6348HH 81
  6 tm/je/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  15E.361  CAPITAL IMPROVEMENT
  1  2 INVESTMENT ACCOUNTS.
  1  3    1.  As used in this section, unless the context otherwise
  1  4 requires:
  1  5    a.  "Account" means a capital improvement investment
  1  6 account.
  1  7    b.  "Eligible borrower" means a small business located in
  1  8 this state, operated for profit, under the management of an
  1  9 individual, which has either fewer than twenty full=time
  1 10 employees or an annual gross income of less than three million
  1 11 dollars computed as an average over the three fiscal years
  1 12 preceding the opening of a capital improvement investment
  1 13 account.
  1 14    2.  An eligible borrower may open a capital improvement
  1 15 investment account at a financial institution for the purpose
  1 16 of making capital improvements to the borrower's business.  A
  1 17 tax credit under subsection 3 may be claimed for a
  1 18 contribution to an account.  State income tax treatment of
  1 19 accounts shall be as provided in section 422.7, subsection 45,
  1 20 and section 422.35, subsection 22.  Assets shall only be
  1 21 withdrawn from an account if the assets are to be used for
  1 22 improvements to real property.  The department shall develop
  1 23 and administer a procedure for purposes of verifying that
  1 24 withdrawn assets are used for improvements to real property.
  1 25    3.  An eligible borrower may claim a tax credit equal to
  1 26 twenty=five percent of a contribution to an account.  The tax
  1 27 credit shall be allowed against taxes imposed under chapter
  1 28 422, divisions II and III.  If the business is a partnership,
  1 29 S corporation, limited liability company, cooperative
  1 30 organized under chapter 501 and filing as a partnership for
  1 31 federal tax purposes, or estate or trust electing to have the
  1 32 income taxed directly to the individual, an individual may
  1 33 claim the tax credit allowed.  The amount claimed by the
  1 34 individual shall be based upon the pro rata share of the
  1 35 individual's earnings of the partnership, S corporation,
  2  1 limited liability company, cooperative organized under chapter
  2  2 501 and filing as a partnership for federal tax purposes, or
  2  3 estate or trust.  Any tax credit in excess of the tax
  2  4 liability for the tax year may be credited to the tax
  2  5 liability for the following seven years or until depleted,
  2  6 whichever occurs first.
  2  7    4.  The department of economic development, in cooperation
  2  8 with the department of revenue, shall adopt rules pursuant to
  2  9 chapter 17A for purposes of administering this section.
  2 10    Sec. 2.  Section 422.7, Code Supplement 2005, is amended by
  2 11 adding the following new subsection:
  2 12    NEW SUBSECTION.  45.  a.  Subtract interest and earnings on
  2 13 a capital improvement investment account under section
  2 14 15E.361.
  2 15    b.  Add the amount equal to the balance at the time a
  2 16 capital improvement investment account under section 15E.361
  2 17 is closed.
  2 18    Sec. 3.  NEW SECTION.  422.11M  CAPITAL IMPROVEMENT
  2 19 INVESTMENT ACCOUNT CONTRIBUTION TAX CREDIT.
  2 20    The taxes imposed under this division, less the credits
  2 21 allowed under sections 422.12 and 422.12B, shall be reduced by
  2 22 a capital improvement investment account contribution tax
  2 23 credit authorized pursuant to section 15E.361.
  2 24    Sec. 4.  Section 422.33, Code Supplement 2005, is amended
  2 25 by adding the following new subsection:
  2 26    NEW SUBSECTION.  20.  The taxes imposed under this division
  2 27 shall be reduced by a capital improvement investment account
  2 28 contribution tax credit authorized pursuant to section
  2 29 15E.361.
  2 30    Sec. 5.  Section 422.35, Code Supplement 2005, is amended
  2 31 by adding the following new subsection:
  2 32    NEW SUBSECTION.  22.  a.  Subtract interest and earnings on
  2 33 a capital improvement investment account under section
  2 34 15E.361.
  2 35    b.  Add the amount equal to the balance at the time a
  3  1 capital improvement investment account under section 15E.361
  3  2 is closed.
  3  3                           EXPLANATION
  3  4    This bill allows the creation of capital improvement
  3  5 investment accounts by certain small businesses and provides
  3  6 tax credits and exemptions.
  3  7    The bill allows an eligible borrower to open a capital
  3  8 improvement investment account at a financial institution for
  3  9 the purpose of making capital improvements to the borrower's
  3 10 business.  An eligible borrower is a small business located in
  3 11 this state, operated for profit, under the management of an
  3 12 individual, which has either fewer than 20 full=time employees
  3 13 or an annual gross income of less than $3 million computed as
  3 14 an average over the three fiscal years preceding the opening
  3 15 of a capital improvement investment account.  The bill allows
  3 16 a tax credit to be claimed for a contribution to an account.
  3 17 The tax credit is equal to 25 percent of a contribution and
  3 18 may be used against personal and corporate tax liabilities.
  3 19 The bill provides that assets shall only be withdrawn from an
  3 20 account if the assets are to be used for improvements to real
  3 21 property.  The bill requires the department of economic
  3 22 development to develop and administer a procedure for purposes
  3 23 of verifying that withdrawn assets are used for improvements
  3 24 to real property.
  3 25    The bill provides that interest and earnings on accounts
  3 26 are exempt from income for purposes of personal and corporate
  3 27 tax liabilities.  The bill provides that the amount equal to
  3 28 the balance at the time a capital improvement investment
  3 29 account is closed is added to income for purposes of
  3 30 determining personal and corporate income tax liability.
  3 31 LSB 6348HH 81
  3 32 tm:nh/je/5