House Study Bill 593



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            REVENUE BILL)


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

                                      A BILL FOR

  1 An Act updating the Code references to the Internal Revenue Code
  2    and including retroactive applicability and effective date
  3    provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5382DP 81
  6 sc/je/5

PAG LIN



  1  1    Section 1.  Section 15.335, subsection 4, unnumbered
  1  2 paragraph 2, Code Supplement 2005, is amended to read as
  1  3 follows:
  1  4    For purposes of this section, "Internal Revenue Code" means
  1  5 the Internal Revenue Code in effect on January 31 1, 2005
  1  6 2006.
  1  7    Sec. 2.  Section 15A.9, subsection 8, paragraph e,
  1  8 unnumbered paragraph 2, Code Supplement 2005, is amended to
  1  9 read as follows:
  1 10    For purposes of this subsection, "Internal Revenue Code"
  1 11 means the Internal Revenue Code in effect on January 31 1,
  1 12 2005 2006.
  1 13    Sec. 3.  Section 422.3, subsection 5, Code Supplement 2005,
  1 14 is amended to read as follows:
  1 15    5.  "Internal Revenue Code" means the Internal Revenue Code
  1 16 of 1954, prior to the date of its redesignation as the
  1 17 Internal Revenue Code of 1986 by the Tax Reform Act of 1986,
  1 18 or means the Internal Revenue Code of 1986 as amended to and
  1 19 including January 31 1, 2005 2006.
  1 20    Sec. 4.  Section 422.10, subsection 3, unnumbered paragraph
  1 21 2, Code Supplement 2005, is amended to read as follows:
  1 22    For purposes of this section, "Internal Revenue Code" means
  1 23 the Internal Revenue Code in effect on January 31 1, 2005
  1 24 2006.
  1 25    Sec. 5.  Section 422.32, subsection 7, Code Supplement
  1 26 2005, is amended to read as follows:
  1 27    7.  "Internal Revenue Code" means the Internal Revenue Code
  1 28 of 1954, prior to the date of its redesignation as the
  1 29 Internal Revenue Code of 1986 by the Tax Reform Act of 1986,
  1 30 or means the Internal Revenue Code of 1986 as amended to and
  1 31 including January 31 1, 2005 2006.
  1 32    Sec. 6.  Section 422.33, subsection 5, paragraph d,
  1 33 unnumbered paragraph 2, Code Supplement 2005, is amended to
  1 34 read as follows:
  1 35    For purposes of this subsection, "Internal Revenue Code"
  2  1 means the Internal Revenue Code in effect on January 31 1,
  2  2 2005 2006.
  2  3    Sec. 7.  Section 504B.5, Code 2005, is amended to read as
  2  4 follows:
  2  5    504B.5  INTERNAL REVENUE CODE UPDATED.
  2  6    All references to sections of the Internal Revenue Code
  2  7 shall mean the Code as amended to and including January 1,
  2  8 1971 defined in section 422.3.
  2  9    Sec. 8.  Section 633.266, Code 2005, is amended to read as
  2 10 follows:
  2 11    633.266  ADJUSTED GROSS ESTATE.
  2 12    Unless otherwise defined, "adjusted gross estate" in a will
  2 13 means the entire value of the gross estate as determined under
  2 14 the federal estate tax less the aggregate amount of the
  2 15 deductions allowed by sections 2053 and 2054 of the Internal
  2 16 Revenue Code as amended to and including January 1, 1982
  2 17 defined in section 422.3.
  2 18    Sec. 9.  RETROACTIVE APPLICABILITY.  This Act applies
  2 19 retroactively to January 1, 2005, for tax years beginning on
  2 20 or after that date.
  2 21    Sec. 10.  EFFECTIVE DATE.  This Act, being deemed of
  2 22 immediate importance, takes effect upon enactment.
  2 23                           EXPLANATION
  2 24    This bill updates the references to the Internal Revenue
  2 25 Code to make the federal income tax revisions enacted by
  2 26 Congress in 2005 applicable for Iowa income tax purposes.
  2 27 Code sections 422.3 and 422.32, general definitions sections
  2 28 in the income tax chapter of the Code, are amended to update
  2 29 the reference to the Internal Revenue Code.
  2 30    Code sections 15.335, 15A.9, 422.10, and 422.33 are amended
  2 31 to update the Code references to the state research activities
  2 32 credit for individuals, corporations, corporations in economic
  2 33 development areas, and corporations in quality jobs enterprise
  2 34 zones to include the 2005 federal changes in the research
  2 35 activities credit.
  3  1    Code section 504B.5, relating to nonprofit corporations and
  3  2 federal tax liability, and Code section 633.266, relating to
  3  3 the probate code, are amended to reference the Internal
  3  4 Revenue Code as defined in the definitions section of the
  3  5 income tax chapter of the Code.
  3  6    The bill takes effect upon enactment and applies
  3  7 retroactively to January 1, 2005, for tax years beginning on
  3  8 or after that date.
  3  9 LSB 5382DP 81
  3 10 sc:rj/je/5