House Study Bill 680



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            AGRICULTURE BILL BY
                                            CHAIRPERSON DRAKE)


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

                                      A BILL FOR

  1 An Act providing individual and corporate income tax credits for
  2    the purchase and installation of coal gas conversion property
  3    to be used to generate electricity and including a retroactive
  4    applicability date provision.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 6465HC 81
  7 mg/gg/14

PAG LIN



  1  1    Section 1.  NEW SECTION.  422.11M  COAL GAS CONVERSION TAX
  1  2 CREDIT.
  1  3    1.  The taxes imposed under this division, less the amounts
  1  4 of nonrefundable credits allowed under this division, shall be
  1  5 reduced by a coal gas conversion tax credit.  The amount of
  1  6 the credit equals twenty=five percent of the cost of the
  1  7 acquisition and installation of coal gas conversion property
  1  8 by a taxpayer for the purpose of converting coal gas into
  1  9 electricity.  A taxpayer claming the tax credit allowed under
  1 10 this section shall not be eligible to claim a tax credit under
  1 11 chapter 476C with respect to the coal gas conversion property.
  1 12    2.  Any credit in excess of the taxpayer's tax liability
  1 13 shall be refunded.  In lieu of claiming a refund, the taxpayer
  1 14 may elect to have the overpayment shown on the taxpayer's
  1 15 final, completed return credited to the tax liability for the
  1 16 following tax year.
  1 17    3.  An individual may claim the tax credit allowed a
  1 18 partnership, limited liability company, S corporation, estate,
  1 19 or trust electing to have the income taxed directly to the
  1 20 individual.  The amount claimed by the individual shall be
  1 21 based upon the pro rata share of the individual's earnings of
  1 22 a partnership, limited liability company, S corporation,
  1 23 estate, or trust.
  1 24    4.  A taxpayer claiming a tax credit under this section
  1 25 shall not be precluded, in computing taxable income, from
  1 26 using the entire cost of the purchase or installation of the
  1 27 coal gas conversion property in determining the amount of
  1 28 depreciation or expense deduction under any section of the
  1 29 Internal Revenue Code.
  1 30    5.  For purposes of this section, "coal gas conversion
  1 31 property" means personal property, real property, and
  1 32 improvements to real property used in an operation to convert
  1 33 coal gas to energy to be used to generate electricity.
  1 34    Sec. 2.  Section 422.33, Code Supplement 2005, is amended
  1 35 by adding the following new subsection:
  2  1    NEW SUBSECTION.  20.  a.  The taxes imposed under this
  2  2 division shall be reduced by a coal gas conversion tax credit.
  2  3 The amount of the credit equals twenty=five percent of the
  2  4 cost of the acquisition and installation of coal gas
  2  5 conversion property by a taxpayer for the purpose of
  2  6 converting coal gas into electricity.  A taxpayer claming the
  2  7 tax credit allowed under this subsection shall not be eligible
  2  8 to claim a tax credit under chapter 476C with respect to the
  2  9 coal gas conversion property.
  2 10    b.  Any credit in excess of the taxpayer's tax liability
  2 11 shall be refunded.  In lieu of claiming a refund, the taxpayer
  2 12 may elect to have the overpayment shown on the taxpayer's
  2 13 final, completed return credited to the tax liability for the
  2 14 following tax year.
  2 15    c.  A taxpayer claiming a tax credit under this subsection
  2 16 shall not be precluded, in computing taxable income, from
  2 17 using the entire cost of the purchase or installation of the
  2 18 coal gas conversion property in determining the amount of
  2 19 depreciation or expense deduction under any section of the
  2 20 Internal Revenue Code.
  2 21    d.  For purposes of this subsection, "coal gas conversion
  2 22 property" means personal property, real property, and
  2 23 improvements to real property used in an operation to convert
  2 24 coal gas to energy to be used to generate electricity.
  2 25    Sec. 3.  Section 437A.6, subsection 1, Code 2005, is
  2 26 amended by adding the following new paragraph:
  2 27    NEW PARAGRAPH.  g.  Coal gas conversion property eligible
  2 28 for a tax credit under section 422.11M or section 422.33,
  2 29 subsection 20.
  2 30    Sec. 4.  RETROACTIVE APPLICABILITY DATE.  This Act applies
  2 31 retroactively to January 1, 2006, for tax years beginning on
  2 32 or after that date.
  2 33                           EXPLANATION
  2 34    This bill provides an income tax credit under the
  2 35 individual and corporate income taxes equal to 25 percent of
  3  1 the cost to a taxpayer of the acquisition and installation of
  3  2 coal gas conversion property.  Coal gas conversion property is
  3  3 personal and real property that is used to convert coal gas
  3  4 into electricity.
  3  5    The bill applies retroactively to January 1, 2006, for tax
  3  6 years beginning on or after that date.
  3  7 LSB 6465HC 81
  3  8 mg:nh/gg/14