House File 2685 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON AGRICULTURE

                                       (SUCCESSOR TO HSB 699)


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

                                      A BILL FOR

  1 An Act relating to state tax benefits for use of soy=based
  2    transformer fluid by electric utilities and including
  3    effective and applicability date provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6456HV 81
  6 mg/gg/14

PAG LIN



  1  1    Section 1.  NEW SECTION.  422.11M  SOY=BASED TRANSFORMER
  1  2 FLUID TAX CREDIT.
  1  3    The taxes imposed under this division, less the credits
  1  4 allowed under sections 422.12 and 422.12B, shall be reduced by
  1  5 a soy=based transformer fluid tax credit allowed under chapter
  1  6 476D.
  1  7    This section is repealed December 31, 2008.
  1  8    Sec. 2.  Section 422.16, Code Supplement 2005, is amended
  1  9 by adding the following new subsection:
  1 10    NEW SUBSECTION.  15.  An employer or withholding agent in
  1 11 possession of a soy=based transformer fluid tax credit
  1 12 certificate issued pursuant to chapter 476D who is required to
  1 13 deduct and withhold tax under subsections 1 and 12 may receive
  1 14 a tax credit from the amount of the tax deducted and withheld
  1 15 which is payable to the department equal to the amount of the
  1 16 soy=based transformer fluid tax credit certificate.  To obtain
  1 17 the tax credit, the person shall attach to the return required
  1 18 under subsection 2, the soy=based transformer fluid tax credit
  1 19 certificate issued to the person pursuant to chapter 476D and
  1 20 provide any other information the director may require.  The
  1 21 amount of the tax deducted and withheld which is not remitted
  1 22 to the department under this subsection may be used for any
  1 23 purpose of the employer or withholding agent.
  1 24    This subsection is repealed December 31, 2008.
  1 25    Sec. 3.  Section 422.33, Code Supplement 2005, is amended
  1 26 by adding the following new subsection:
  1 27    NEW SUBSECTION.  20.  The taxes imposed under this division
  1 28 shall be reduced by a soy=based transformer fluid tax credit
  1 29 allowed under chapter 476D.
  1 30    This subsection is repealed December 31, 2008.
  1 31    Sec. 4.  Section 423.4, Code Supplement 2005, is amended by
  1 32 adding the following new subsection:
  1 33    NEW SUBSECTION.  6.  A person in possession of a soy=based
  1 34 transformer fluid tax credit certificate issued pursuant to
  1 35 chapter 476D may apply to the director for refund of the
  2  1 amount of sales or use tax imposed and paid upon purchases
  2  2 made by the applicant.
  2  3    a.  The refunds may be obtained only in the following
  2  4 manner and under the following conditions:
  2  5    (1)  On forms furnished by the department and filed by
  2  6 January 31 after the end of the calendar year in which the tax
  2  7 credit certificate is to be applied, the applicant shall
  2  8 report to the department the total amount of sales and use tax
  2  9 paid during the reporting period on purchases made by the
  2 10 applicant.
  2 11    (2)  The applicant shall separately list the amounts of
  2 12 sales and use tax paid during the reporting period.
  2 13    (3)  If required by the department, the applicant shall
  2 14 prove that the person making the sale has included the amount
  2 15 thereof in the computation of the sales price of such person
  2 16 and that such person has paid the tax levied by this
  2 17 subchapter or subchapter III, based upon such computation of
  2 18 the sales price.
  2 19    (4)  The applicant shall provide the tax credit
  2 20 certificates issued pursuant to chapter 476D to the department
  2 21 with the forms required by this paragraph "a".
  2 22    b.  If satisfied that the foregoing conditions and
  2 23 requirements have been complied with, the director shall
  2 24 refund the amount claimed by the applicant for an amount not
  2 25 greater than the amount of tax credits issued in tax credit
  2 26 certificates pursuant to chapter 476D.
  2 27    c.  This subsection is repealed December 31, 2008.
  2 28    Sec. 5.  NEW SECTION.  476D.1  DEFINITIONS.
  2 29    As used in this chapter, unless the context otherwise
  2 30 requires:
  2 31    1.  "Department" means the department of revenue.
  2 32    2.  "Electric utility" means a public utility furnishing
  2 33 electricity as defined in section 476.1, a city utility as
  2 34 defined in section 390.1, and an electric cooperative as
  2 35 defined in section 390.1.
  3  1    3.  "Soy=based transformer fluid" means dielectric fluid
  3  2 that contains at least ninety=eight percent soy=based
  3  3 products.
  3  4    Sec. 6.  NEW SECTION.  476D.2  SOY=BASED TRANSFORMER FLUID
  3  5 TAX CREDIT == LIMIT.
  3  6    1.  An electric utility is eligible to receive a soy=based
  3  7 transformer fluid tax credit which is equal to the costs
  3  8 incurred by the utility during the tax year for the purchase
  3  9 and replacement costs relating to the transition from using
  3 10 nonsoy=based transformer fluid to using soy=based transformer
  3 11 fluid.  The costs eligible for the credit are limited to those
  3 12 costs meeting all of the following requirements:
  3 13    a.  The costs were incurred after June 30, 2006, and before
  3 14 January 1, 2008.
  3 15    b.  The costs were incurred in the first eighteen months of
  3 16 the transition from using nonsoy=based transformer fluid to
  3 17 using soy=based transformer fluid.
  3 18    c.  The credit for the purchase and replacement of soy=
  3 19 based transformer fluid used in the transition is limited to
  3 20 two dollars per gallon.  The total number of gallons used in
  3 21 the transition shall not exceed twenty thousand gallons per
  3 22 electric utility.
  3 23    If the electric utility elects to take the soy=based
  3 24 transformer fluid tax credit, the electric utility shall not
  3 25 deduct for Iowa tax purposes any amount of the costs incurred
  3 26 in the transition to using soy=based transformer fluid which
  3 27 is deductible for federal tax purposes.
  3 28    2.  Any credit used under chapter 422, division II or III,
  3 29 which is in excess of the tax liability shall be refunded with
  3 30 interest computed under section 422.25.  In lieu of claiming a
  3 31 refund, a taxpayer may elect to have the overpayment shown on
  3 32 the taxpayer's final, completed return credited to the tax
  3 33 liability for the following tax year.
  3 34    3.  An individual may claim the tax credit under chapter
  3 35 422, division II, allowed a partnership, limited liability
  4  1 company, S corporation, estate, or trust electing to have the
  4  2 income taxed directly to the individual.  The amount claimed
  4  3 by the individual shall be based upon the pro rata share of
  4  4 the individual's earnings of the partnership, limited
  4  5 liability company, S corporation, estate, or trust.
  4  6    4.  The total amount of soy=based transformer fluid
  4  7 eligible for a tax credit shall not exceed sixty thousand
  4  8 gallons.
  4  9    Sec. 7.  NEW SECTION.  476D.3  TAX CREDIT CERTIFICATE
  4 10 PROCEDURE.
  4 11    1.  An electric utility may apply to the department for the
  4 12 soy=based transformer fluid tax credit by submitting to the
  4 13 department all of the following:
  4 14    a.  A completed application in a form prescribed by the
  4 15 department.
  4 16    b.  A copy of a signed purchase agreement or other
  4 17 agreement to purchase soy=based transformer fluid.
  4 18    c.  Any other information the department deems necessary.
  4 19    2.  An electric utility may seek assurance of the
  4 20 availability of tax credits by getting approval from the
  4 21 department for the tax credits by submitting an estimate of
  4 22 the soy=based transformer fluid to be used during the
  4 23 transition period prior to the utility entering into any
  4 24 agreement to purchase the soy=based transformer fluid and
  4 25 prior to the start of its transition period.  If tax credits
  4 26 are available, the department shall reserve the tax credits
  4 27 for the electric utility.  Prior approval under this
  4 28 subsection shall be granted based upon the earliest date of
  4 29 application.  Prior approval under this subsection does not
  4 30 eliminate the requirement for the electric utility to file the
  4 31 application under subsection 1.
  4 32    3.  The department shall calculate the amount of the tax
  4 33 credit for which the applicant is eligible and shall issue, or
  4 34 in the case of prior approval under subsection 2, shall
  4 35 reserve the tax credit certificate for that amount or notify
  5  1 the applicant in writing of its refusal to do so.  An
  5  2 applicant whose application is denied may file an appeal with
  5  3 the department within sixty days from the date of the denial
  5  4 pursuant to the provisions of chapter 17A.  However, the
  5  5 denial of an application solely because of the lack of the
  5  6 availability of tax credits is not appealable.
  5  7    4.  Each tax credit certificate shall contain the person's
  5  8 name, address, and tax identification number, the amount of
  5  9 tax credits, the first taxable year the certificate may be
  5 10 used, the type of tax to which the tax credits shall be
  5 11 applied, and any other information required by the department.
  5 12 The tax credit certificate shall only list one type of tax to
  5 13 which the amount of the tax credit may be applied.  Once
  5 14 issued by the department, the tax credit certificate shall not
  5 15 be terminated or rescinded.
  5 16    5.  Once a tax credit certificate is issued pursuant to
  5 17 this section, the tax credit may only be claimed against the
  5 18 type of tax reflected on the certificate.
  5 19    Sec. 8.  NEW SECTION.  476D.4  RULES.
  5 20    The department may adopt rules pursuant to chapter 17A for
  5 21 the administration and enforcement of this chapter.
  5 22    Sec. 9.  NEW SECTION.  476D.5  APPLICABILITY == REPEAL.
  5 23    1.  This chapter applies to tax years ending after June 30,
  5 24 2006, and beginning before January 1, 2008.
  5 25    2.  This chapter is repealed December 31, 2008.
  5 26    Sec. 10.  EFFECTIVE DATE.  This Act, being deemed of
  5 27 immediate importance, takes effect upon enactment.
  5 28                           EXPLANATION
  5 29    This bill provides a soy=based transformer fluid tax credit
  5 30 under the individual and corporate income, sales and use, and
  5 31 withholding taxes.  Soy=based transformer fluid is
  5 32 nonconductible fluid that contains at least 98 percent soy=
  5 33 based products.  The tax credit equals the costs incurred for
  5 34 the purchase and replacement costs for electric utilities
  5 35 related to the transition from using nonsoy=based transformer
  6  1 fluid to using soy=based transformer fluid.  The costs must
  6  2 meet three other requirements:  They were incurred after June
  6  3 30, 2006, and before January 1, 2008, they were incurred in
  6  4 the first 18 months of the transition to using soy=based
  6  5 transformer fluid, and the credit of the soy=based transformer
  6  6 fluid used in the transition is limited to $2 per gallon, up
  6  7 to 20,000 gallons per electric utility.  The total amount of
  6  8 soy=based transformer fluid eligible for a tax credit is not
  6  9 to exceed 60,000 gallons.  Any excess credit is refundable.
  6 10 In order for an electric utility to know if the tax credits
  6 11 are available, it may seek prior approval of the tax credit by
  6 12 applying prior to purchase of the soy=based transformer fluid
  6 13 and the transition period.  If prior approval is granted, the
  6 14 estimated amount of tax credits would be reserved for the
  6 15 electric utility.  The credit applies to tax years ending
  6 16 after June 30, 2006, and beginning before January 1, 2008.
  6 17 The credit is repealed December 31, 2008.
  6 18 LSB 6456HV 81
  6 19 mg:nh/gg/14