House File 2610 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON ECONOMIC GROWTH

                                       (SUCCESSOR TO HF 2131)


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

                                      A BILL FOR

  1 An Act relating to historic preservation and cultural and
  2    entertainment district tax credits.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5843HV 81
  5 tm/je/5

PAG LIN



  1  1    Section 1.  Section 404A.1, subsection 1, Code Supplement
  1  2 2005, is amended to read as follows:
  1  3    1.  A historic preservation and cultural and entertainment
  1  4 district tax credit, subject to the availability of the
  1  5 credit, is granted against the tax imposed under chapter 422,
  1  6 division II, III, or V, or chapter 432, for the rehabilitation
  1  7 of eligible property located in this state as provided in this
  1  8 chapter.  Tax credits in excess of tax liabilities shall be
  1  9 refunded or credited as provided in section 404A.4, subsection
  1 10 3.
  1 11    Sec. 2.  Section 404A.1, Code Supplement 2005, is amended
  1 12 by adding the following new subsection:
  1 13    NEW SUBSECTION.  3.  A historic preservation and cultural
  1 14 and entertainment district tax credit shall be limited to
  1 15 rehabilitation of depreciable structures used in a trade or
  1 16 business or held for the production of income, such as
  1 17 commercial or residential rental properties.
  1 18    Sec. 3.  Section 404A.4, subsection 3, Code Supplement
  1 19 2005, is amended to read as follows:
  1 20    3.  A person receiving a historic preservation and cultural
  1 21 and entertainment district tax credit under this chapter which
  1 22 is in excess of the person's tax liability for the tax year is
  1 23 entitled to a refund of the excess at a discounted value.  The
  1 24 discounted value of the tax credit refund, as calculated by
  1 25 the department of economic development, in consultation with
  1 26 the department of revenue, shall be determined based on the
  1 27 discounted value of the tax credit five years after the tax
  1 28 year of the project completion at an interest rate equivalent
  1 29 to the prime rate plus two percent.  The refunded tax credit
  1 30 shall not exceed seventy=five percent of the allowable tax
  1 31 credit.  In lieu of claiming a refund, a taxpayer may elect to
  1 32 have the excess refund, not to exceed seventy=five percent of
  1 33 the allowable tax credit, credited to the tax liability for
  1 34 the following seven tax years or until depleted, whichever
  1 35 occurs first.  A tax credit shall not be carried back to a tax
  2  1 year prior to the tax year in which the taxpayer claims the
  2  2 tax credit.
  2  3    Sec. 4.  Section 404A.4, subsection 4, Code Supplement
  2  4 2005, is amended to read as follows:
  2  5    4.  The total amount of tax credits that may be approved
  2  6 for a fiscal year under this chapter shall not exceed two
  2  7 twenty million four hundred thousand dollars.  For the fiscal
  2  8 period beginning July 1, 2005, and ending June 30, 2015, an
  2  9 additional four million dollars of tax credits may be approved
  2 10 each fiscal year for purposes of projects located in cultural
  2 11 and entertainment districts certified pursuant to section
  2 12 303.3B.  Of the tax credits approved for a fiscal year under
  2 13 this chapter, not more than four million dollars shall be
  2 14 allocated for purposes of projects with a cost of five hundred
  2 15 thousand dollars or less located in cities with a population
  2 16 of less than twenty=four thousand, and not more than ten
  2 17 million dollars shall be allocated for purposes of projects
  2 18 located in cultural and entertainment districts certified
  2 19 pursuant to section 303B.3B.  Any of the additional tax
  2 20 credits allocated for projects located in certified cultural
  2 21 and entertainment districts and for projects with a cost of
  2 22 five hundred thousand dollars or less located in cities with a
  2 23 population of less than twenty=four thousand that are not
  2 24 approved reserved during a fiscal year shall be applied to
  2 25 reserved tax credits issued in accordance with section 404A.3
  2 26 in order of original reservation.  The department of cultural
  2 27 affairs shall establish by rule the procedures for the
  2 28 application, review, selection, and awarding of certifications
  2 29 of completion.  The department of cultural affairs shall
  2 30 establish by rule a method for the equitable distribution of
  2 31 tax credits throughout the state.  The departments of economic
  2 32 development, cultural affairs, and revenue shall each adopt
  2 33 rules to jointly administer this subsection and shall provide
  2 34 by rule for the method to be used to determine for which
  2 35 fiscal year the tax credits are available.  With the exception
  3  1 of tax credits issued pursuant to contracts entered into prior
  3  2 to July 1, 2005, tax credits shall not be reserved for more
  3  3 than five years.
  3  4    Sec. 5.  Section 422.11D, subsection 1, Code Supplement
  3  5 2005, is amended to read as follows:
  3  6    1.  The taxes imposed under this division, less the credits
  3  7 allowed under sections 422.12 and 422.12B, shall be reduced by
  3  8 a historic preservation and cultural and entertainment
  3  9 district tax credit equal to the amount as computed under
  3 10 chapter 404A for rehabilitating eligible property.  Any credit
  3 11 in excess of the tax liability shall be refunded or credited
  3 12 to succeeding tax years as provided in section 404A.4,
  3 13 subsection 3.
  3 14    Sec. 6.  Section 422.33, subsection 10, paragraph a, Code
  3 15 Supplement 2005, is amended to read as follows:
  3 16    a.  The taxes imposed under this division shall be reduced
  3 17 by a historic preservation and cultural and entertainment
  3 18 district tax credit equal to the amount as computed under
  3 19 chapter 404A for rehabilitating eligible property.  Any credit
  3 20 in excess of the tax liability shall be refunded or credited
  3 21 to succeeding tax years as provided in section 404A.4,
  3 22 subsection 3.
  3 23    Sec. 7.  Section 422.60, subsection 4, paragraph a, Code
  3 24 Supplement 2005, is amended to read as follows:
  3 25    a.  The taxes imposed under this division shall be reduced
  3 26 by a historic preservation and cultural and entertainment
  3 27 district tax credit equal to the amount as computed under
  3 28 chapter 404A for rehabilitating eligible property.  Any credit
  3 29 in excess of the tax liability shall be refunded or credited
  3 30 to succeeding tax years as provided in section 404A.4,
  3 31 subsection 3.
  3 32    Sec. 8.  Section 432.12A, subsection 1, Code Supplement
  3 33 2005, is amended to read as follows:
  3 34    1.  The tax imposed under this chapter shall be reduced by
  3 35 a historic preservation and cultural and entertainment
  4  1 district tax credit equal to the amount as computed under
  4  2 chapter 404A for rehabilitating eligible property.  Any credit
  4  3 in excess of the tax liability shall be refunded or credited
  4  4 to succeeding tax years as provided in section 404A.4,
  4  5 subsection 3.
  4  6                           EXPLANATION
  4  7    This bill relates to historic preservation and cultural and
  4  8 entertainment district tax credits.
  4  9    The bill limits historic preservation and cultural and
  4 10 entertainment district tax credits to rehabilitation of
  4 11 depreciable structures used in a trade or business or held for
  4 12 the production of income, such as commercial or residential
  4 13 rental properties.
  4 14    Currently, a person receiving a historic preservation and
  4 15 cultural and entertainment district tax credit may receive a
  4 16 tax credit refund at a discounted value for the amount in
  4 17 excess of the taxpayer's tax liability in the year that the
  4 18 tax credit is claimed.  The bill allows a taxpayer, in lieu of
  4 19 claiming a refund, to elect to have the excess refund, not to
  4 20 exceed 75 percent of the allowable tax credit, credited to the
  4 21 taxpayer's tax liability for the following seven tax years or
  4 22 until depleted, whichever occurs first.  The bill prohibits a
  4 23 tax credit from being carried back to a tax year prior to the
  4 24 tax year in which the taxpayer claims the tax credit.
  4 25    Currently, $2.4 million of historic preservation and
  4 26 cultural and entertainment district tax credits may be
  4 27 approved in a fiscal year, and for the fiscal period beginning
  4 28 July 1, 2005, and ending June 30, 2015, an additional $4
  4 29 million of tax credits may be approved each fiscal year for
  4 30 purposes of projects located in certified cultural and
  4 31 entertainment districts.  The bill eliminates the additional
  4 32 $4 million of tax credits and increases the $2.4 million of
  4 33 tax credits to $20 million of tax credits each fiscal year.
  4 34 The bill provides that $4 million of the $20 million of tax
  4 35 credits are allocated for projects with a cost of $500,000 or
  5  1 less located in cities with a population of less than 24,000.
  5  2 The bill provides that $10 million of the $20 million of tax
  5  3 credits are allocated for projects located in cultural and
  5  4 entertainment districts.  The bill provides that any of the
  5  5 allocated tax credits that are not reserved during a fiscal
  5  6 year shall be applied to reserved tax credits in order of
  5  7 original reservation.  The bill provides that the department
  5  8 of cultural affairs shall establish by rule a method of the
  5  9 equitable distribution of tax credits throughout the state.
  5 10 LSB 5843HV 81
  5 11 tm:nh/je/5