House Study Bill 53



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            ECONOMIC GROWTH BILL BY
                                            CHAIRPERSON HOFFMAN)


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

                                      A BILL FOR

  1 An Act relating to the transferability of eligible housing
  2    business tax credits for new housing investment under the
  3    enterprise zone program.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1871YC 81
  6 tm/gg/14

PAG LIN



  1  1    Section 1.  Section 15E.193B, subsection 8, unnumbered
  1  2 paragraph 1, Code 2005, is amended to read as follows:
  1  3    The amount of the tax credits determined pursuant to
  1  4 subsection 6, paragraph "a", for each project shall be
  1  5 approved by the department of economic development.  The
  1  6 department shall utilize the financial information required to
  1  7 be provided under subsection 5, paragraph "e", to determine
  1  8 the tax credits allowed for each project.  In determining the
  1  9 amount of tax credits to be allowed for a project, the
  1 10 department shall not include the portion of the project cost
  1 11 financed through federal, state, and local government tax
  1 12 credits, grants, and forgivable loans.  Upon approving the
  1 13 amount of the tax credit, the department of economic
  1 14 development shall issue a tax credit certificate to the
  1 15 eligible housing business.  An eligible housing business or
  1 16 transferee shall not claim the tax credit unless a tax credit
  1 17 certificate issued by the department of economic development
  1 18 is attached to the taxpayer's return for the tax year for
  1 19 which the tax credit is claimed.  The tax credit certificate
  1 20 shall contain the taxpayer's name, address, tax identification
  1 21 number, the amount of the tax credit, and other information
  1 22 required by the department of revenue.  The tax credit
  1 23 certificate shall be transferable if the housing development
  1 24 is located in a brownfield site as defined in section 15.291,
  1 25 if the housing development is located in a blighted area as
  1 26 defined in section 403.17, or if low=income housing tax
  1 27 credits authorized under section 42 of the Internal Revenue
  1 28 Code are used to assist in the financing of the housing
  1 29 development.  Tax credit certificates issued under this
  1 30 chapter may be transferred to any person or entity.  Within
  1 31 ninety days of transfer, the transferee must submit the
  1 32 transferred tax credit certificate to the department of
  1 33 economic development along with a statement containing the
  1 34 transferee's name, tax identification number, and address, and
  1 35 the denomination that each replacement tax credit certificate
  2  1 is to carry and any other information required by the
  2  2 department of revenue.  Within thirty days of receiving the
  2  3 transferred tax credit certificate and the transferee's
  2  4 statement, the department of economic development shall issue
  2  5 one or more replacement tax credit certificates to the
  2  6 transferee.  Each replacement certificate must contain the
  2  7 information required to receive the original certificate and
  2  8 must have the same expiration date that appeared in the
  2  9 transferred tax credit certificate.  Tax credit certificate
  2 10 amounts of less than the minimum amount established by rule of
  2 11 the department of economic development shall not be
  2 12 transferable.  A tax credit shall not be claimed by a
  2 13 transferee under subsection 6, paragraph "a", until a
  2 14 replacement tax credit certificate identifying the transferee
  2 15 as the proper holder has been issued.
  2 16                           EXPLANATION
  2 17    This bill relates to the transferability of eligible
  2 18 housing business tax credits for new housing investment under
  2 19 the enterprise zone program.
  2 20    An eligible housing business under the enterprise zone
  2 21 program may receive a tax credit of up to 10 percent of the
  2 22 new investment which is directly related to the building or
  2 23 rehabilitating of a minimum of four single=family homes
  2 24 located in that part of a city or county in which there is a
  2 25 designated enterprise zone or one multiple=dwelling unit
  2 26 building containing three or more individual dwelling units
  2 27 located in that part of a city or county in which there is a
  2 28 designated enterprise zone.  Currently, the tax credits are
  2 29 transferable if low=income housing tax credits authorized
  2 30 under section 42 of the Internal Revenue Code are used to
  2 31 assist in the financing of the housing development.  The bill
  2 32 provides that the tax credits are also transferable if the
  2 33 housing development is located in a brownfield site or if the
  2 34 housing development is located in a blighted area.
  2 35 LSB 1871YC 81
  3  1 tm:nh/gg/14