Senate File 132 - Introduced
SENATE FILE
BY HATCH, BEALL, DVORSKY,
and PUTNEY
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing an individual income tax credit for charitable
2 contributions of fine art or written materials made by the
3 artist or author and including retroactive applicability date
4 provisions.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 1018XS 81
7 mg/gg/14
PAG LIN
1 1 Section 1. NEW SECTION. 422.11I ART CONTRIBUTION TAX
1 2 CREDIT.
1 3 1. The taxes imposed under this division, less the credits
1 4 allowed under section 422.12, shall be reduced by an art
1 5 contribution tax credit as provided in this section. A
1 6 taxpayer who is an artist of a work of fine art or an author
1 7 of written materials who makes a charitable contribution is
1 8 eligible for the tax credit. The amount of the credit equals
1 9 the fair market value of the work of fine art or written
1 10 materials which is the subject of the charitable contribution.
1 11 If the taxpayer elects to claim the tax credit under this
1 12 section, the taxpayer shall not deduct for Iowa tax purposes
1 13 any amount of the charitable contribution of the fine art or
1 14 written materials upon which the tax credit is based.
1 15 2. Any credit in excess of the tax liability for the tax
1 16 year is not refundable but may be credited to the tax
1 17 liability for the following ten years or until depleted,
1 18 whichever is the earlier.
1 19 3. For purposes of this section:
1 20 a. "Artist" and "fine art" mean the same as those terms
1 21 are defined in section 556D.1.
1 22 b. "Charitable contribution" means the same as that term
1 23 is defined in section 170(c) of the Internal Revenue Code,
1 24 except for paragraph (1) of section 170(c).
1 25 c. "Fair market value" means the appraised value of the
1 26 fine art or written materials as established pursuant to
1 27 requirements set by rules adopted by the director.
1 28 d. "Written materials" means an article, book, essay,
1 29 poetry, play, script, or story written by an individual on a
1 30 professional, freelance basis and not as an employee of
1 31 another person.
1 32 Sec. 2. RETROACTIVE APPLICABILITY DATE. This Act applies
1 33 retroactively to January 1, 2005, for tax years beginning on
1 34 or after that date.
1 35 EXPLANATION
2 1 This bill provides for an individual income tax credit
2 2 equal to the value of a charitable contribution of a work of
2 3 fine art or written materials by the artist or author. The
2 4 credit is in lieu of the present charitable contribution tax
2 5 deduction. The charitable contribution is generally one made
2 6 to a nonprofit tax=exempt organization which is operated for
2 7 religious, charitable, scientific, literary, or educational
2 8 purposes and does not include gifts for the use of
2 9 governmental entities.
2 10 The bill applies retroactively to January 1, 2005, for tax
2 11 years beginning on or after that date.
2 12 LSB 1018XS 81
2 13 mg:rj/gg/14