House Study Bill 502



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            WAYS AND MEANS BILL BY
                                            CHAIRPERSON VAN FOSSEN)


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

                                      A BILL FOR

  1 An Act phasing out the state income tax on social security
  2    benefits and on pension and retirement income and including
  3    effective and applicability date provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5621YC 81
  6 mg/sh/8

PAG LIN



  1  1    Section 1.  Section 422.7, subsection 13, Code Supplement
  1  2 2005, is amended to read as follows:
  1  3    13.  a.  Subtract, to the extent included, the amount of
  1  4 additional social security benefits taxable under the Internal
  1  5 Revenue Code for tax years beginning on or after January 1,
  1  6 1994, but before January 1, 2011.  The amount of social
  1  7 security benefits taxable as provided in section 86 of the
  1  8 Internal Revenue Code, as amended up to and including January
  1  9 1, 1993, continues to apply for state income tax purposes for
  1 10 tax years beginning on or after January 1, 1994, but before
  1 11 January 1, 2011.
  1 12    b.  (1)  For tax years beginning in the 2007 calendar year,
  1 13 subtract, to the extent included, twenty percent of taxable
  1 14 social security benefits remaining after the subtraction in
  1 15 paragraph "a".
  1 16    (2)  For tax years beginning in the 2008 calendar year,
  1 17 subtract, to the extent included, forty percent of taxable
  1 18 social security benefits remaining after the subtraction in
  1 19 paragraph "a".
  1 20    (3)  For tax years beginning in the 2009 calendar year,
  1 21 subtract, to the extent included, sixty percent of taxable
  1 22 social security benefits remaining after the subtraction in
  1 23 paragraph "a".
  1 24    (4)  For tax years beginning in the 2010 calendar year,
  1 25 subtract, to the extent included, eighty percent of taxable
  1 26 social security benefits remaining after the subtraction in
  1 27 paragraph "a".
  1 28    c.  Married taxpayers, who file a joint federal income tax
  1 29 return and who elect to file separate returns or who elect
  1 30 separate filing on a combined return for state income tax
  1 31 purposes, shall allocate between the spouses the amount of
  1 32 benefits subtracted under paragraphs "a" and "b" from net
  1 33 income in the ratio of the social security benefits received
  1 34 by each spouse to the total of these benefits received by both
  1 35 spouses.
  2  1    d.  For tax years beginning on or after January 1, 2011,
  2  2 subtract, to the extent included, the amount of social
  2  3 security benefits taxable under section 86 of the Internal
  2  4 Revenue Code.
  2  5    Sec. 2.  Section 422.7, subsection 31, Code Supplement
  2  6 2005, is amended to read as follows:
  2  7    31.  a.  For a person who is disabled, or is fifty=five
  2  8 years of age or older, or is the surviving spouse of an
  2  9 individual or a survivor having an insurable interest in an
  2 10 individual who would have qualified for the exemption under
  2 11 this subsection for the tax year, subtract, to the extent
  2 12 included, the total amount of a governmental or other pension
  2 13 or retirement pay, including, but not limited to, defined
  2 14 benefit or defined contribution plans, annuities, individual
  2 15 retirement accounts, plans maintained or contributed to by an
  2 16 employer, or maintained or contributed to by a self=employed
  2 17 person as an employer, and deferred compensation plans or any
  2 18 earnings attributable to the deferred compensation plans, up
  2 19 to a maximum of six thousand dollars for a person, other than
  2 20 a husband or wife, who files a separate state income tax
  2 21 return and up to a maximum of twelve thousand dollars for a
  2 22 husband and wife who file a joint state income tax return.
  2 23 However, a surviving spouse who is not disabled or fifty=five
  2 24 years of age or older can only exclude the amount of pension
  2 25 or retirement pay received as a result of the death of the
  2 26 other spouse.  A husband and wife filing separate state income
  2 27 tax returns or separately on a combined state return are
  2 28 allowed a combined maximum exclusion under this subsection of
  2 29 up to twelve thousand dollars.  The twelve thousand dollar
  2 30 exclusion shall be allocated to the husband or wife in the
  2 31 proportion that each spouse's respective pension and
  2 32 retirement pay received bears to total combined pension and
  2 33 retirement pay received.
  2 34    b.  For the tax year beginning January 1, 2007, subtract an
  2 35 amount equal to twenty percent of the income described in
  3  1 paragraph "a" after the exclusion in paragraph "a" is
  3  2 subtracted.
  3  3    c.  For the tax year beginning January 1, 2008, subtract an
  3  4 amount equal to forty percent of the income described in
  3  5 paragraph "a" after the exclusion in paragraph "a" is
  3  6 subtracted.
  3  7    d.  For the tax year beginning January 1, 2009, subtract an
  3  8 amount equal to sixty percent of the income described in
  3  9 paragraph "a" after the exclusion in paragraph "a" is
  3 10 subtracted.
  3 11    e.  For the tax year beginning January 1, 2010, subtract an
  3 12 amount equal to eighty percent of the income described in
  3 13 paragraph "a" after the exclusion in paragraph "a" is
  3 14 subtracted.
  3 15    f.  For tax years beginning on or after January 1, 2011,
  3 16 subtract the total amount of the income described in paragraph
  3 17 "a".
  3 18    g.  For a husband and wife filing separate state income tax
  3 19 returns or separately on a combined state return, the
  3 20 additional exclusion in paragraphs "b" through "f" shall be
  3 21 allocated to the husband or wife in the proportion that each
  3 22 spouse's respective pension and retirement pay received bears
  3 23 to total combined pension and retirement pay received.
  3 24    Sec. 3.  EFFECTIVE AND APPLICABILITY DATE PROVISIONS.  This
  3 25 Act takes effect January 1, 2007, and applies to tax years
  3 26 beginning on or after that date.
  3 27                           EXPLANATION
  3 28    This bill phases out the state income tax on social
  3 29 security benefits over a five=year period and phases out the
  3 30 state income tax on pension and retirement income over the
  3 31 same five=year period.
  3 32    For the tax year beginning on January 1, 2007, 20 percent
  3 33 of taxable social security benefits are exempted; for the tax
  3 34 year beginning on January 1, 2008, 40 percent of taxable
  3 35 social security benefits are exempted; for the tax year
  4  1 beginning on January 1, 2009, 60 percent of taxable social
  4  2 security benefits are exempted; for the tax year beginning on
  4  3 January 1, 2010, 80 percent of taxable social security
  4  4 benefits are exempted; and for tax years beginning on or after
  4  5 January 1, 2011, 100 percent of social security benefits are
  4  6 exempted from state income taxation.
  4  7    For the tax year beginning January 1, 2007, an additional
  4  8 20 percent of pension or retirement income is exempted after
  4  9 the $6,000 (for single filers) or $12,000 (for married filers)
  4 10 is subtracted.  For the tax year beginning January 1, 2008, an
  4 11 additional 40 percent is exempted; for the tax year beginning
  4 12 January 1, 2009, an additional 60 percent is exempted; for the
  4 13 tax year beginning January 1, 2010, an additional 80 percent
  4 14 is exempted; and for tax years beginning January 1, 2011, and
  4 15 all subsequent tax years, the total amount of pension and
  4 16 retirement income is exempted from state income taxation.
  4 17    The bill takes effect January 1, 2007, and applies to tax
  4 18 years beginning on or after that date.
  4 19 LSB 5621YC 81
  4 20 mg:rj/sh/8