Senate File 2193 - Introduced



                                       SENATE FILE       
                                       BY  WARNSTADT and WIECK

                                       (COMPANION TO LSB 5706HH
                                       BY RANTS)


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

                                      A BILL FOR

  1 An Act relating to qualified historic property located in
  2    designated enterprise zones and other historic property,
  3    taxation of such property and its owners, developers, and
  4    investors, and including effective and applicability date
  5    provisions.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 5706SS 81
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PAG LIN



  1  1    Section 1.  Section 15E.192, Code Supplement 2005, is
  1  2 amended by adding the following new subsection:
  1  3    NEW SUBSECTION.  0A.  For the purposes of this division,
  1  4 "qualified historic property" means property that is at least
  1  5 fifty years old and is listed on the national register of
  1  6 historic places or eligible for such listing and has been
  1  7 rehabilitated without significant changes to the original
  1  8 exterior of the property and without affecting its status with
  1  9 regard to the national register of historic places.
  1 10    Sec. 2.  Section 15E.193B, subsection 2, Code Supplement
  1 11 2005, is amended to read as follows:
  1 12    2.  An eligible housing business under this section
  1 13 includes a either of the following:
  1 14    a.  A housing developer, housing contractor, or nonprofit
  1 15 organization that builds or rehabilitates a minimum of four
  1 16 single=family homes located in that part of a city or county
  1 17 in which there is a designated enterprise zone or one multiple
  1 18 dwelling unit building containing three or more individual
  1 19 dwelling units located in that part of a city or county in
  1 20 which there is a designated enterprise zone.
  1 21    b.  An owner or developer that rehabilitates a qualified
  1 22 historic property to be used for dwelling purposes which is
  1 23 located in that part of a city or county in which there is a
  1 24 designated enterprise zone.
  1 25    Sec. 3.  Section 15E.193B, subsection 6, paragraph a, Code
  1 26 Supplement 2005, is amended to read as follows:
  1 27    a.  An eligible housing business may claim a tax credit up
  1 28 to a maximum of ten percent of the new investment which is
  1 29 directly related to the building or rehabilitating of a
  1 30 minimum of four single=family homes located in that part of a
  1 31 city or county in which there is a designated enterprise zone,
  1 32 or one multiple dwelling unit building containing three or
  1 33 more individual dwelling units located in that part of a city
  1 34 or county in which there is a designated enterprise zone, or
  1 35 qualified historic property located in that part of a city or
  2  1 county in which there is a designated enterprise zone.  The
  2  2 new investment that may be used to compute the tax credit
  2  3 shall not exceed the new investment used for the first one
  2  4 hundred forty thousand dollars of value for each single=family
  2  5 home, or for each unit of a multiple dwelling unit building
  2  6 containing three or more units, or for each dwelling unit
  2  7 located in the qualified historic property.  The tax credit
  2  8 may be used to reduce the tax liability imposed under chapter
  2  9 422, division II, III, or V, or chapter 432.  Any credit in
  2 10 excess of the tax liability for the tax year may be credited
  2 11 to the tax liability for the following seven years or until
  2 12 depleted, whichever occurs earlier.  If the business is a
  2 13 partnership, S corporation, limited liability company, or
  2 14 estate or trust electing to have the income taxed directly to
  2 15 the individual, an individual may claim the tax credit
  2 16 allowed.  The amount claimed by the individual shall be based
  2 17 upon the pro rata share of the individual's earnings of the
  2 18 partnership, S corporation, limited liability company, or
  2 19 estate or trust except as allowed for under subsection 8 when
  2 20 low=income housing tax credits authorized under section 42 of
  2 21 the Internal Revenue Code are used to assist in the financing
  2 22 of the housing development.
  2 23    Sec. 4.  Section 15E.195, subsections 1, 2, and 4, Code
  2 24 2005, are amended to read as follows:
  2 25    1.  A county which designates an enterprise zone pursuant
  2 26 to section 15E.194, subsection 1, and in which an eligible
  2 27 enterprise zone is certified shall establish an enterprise
  2 28 zone commission to review applications from qualified
  2 29 businesses located within or requesting to locate within an
  2 30 enterprise zone designated pursuant to section 15E.194,
  2 31 subsection 1, to receive incentives or assistance as provided
  2 32 in section 15E.196.  The enterprise zone commission shall also
  2 33 review applications from qualified housing businesses
  2 34 requesting to receive incentives or assistance as provided in
  2 35 section 15E.193B.  The enterprise zone commission shall review
  3  1 applications from owners or developers of qualified historic
  3  2 properties to receive incentives or assistance as provided in
  3  3 section 15E.193B or 15E.196, as applicable.  The commission
  3  4 shall consist of nine members.  Five of these members shall
  3  5 consist of one representative of the board of supervisors, one
  3  6 member with economic development expertise chosen by the
  3  7 department of economic development, one representative of the
  3  8 county zoning board, one member of the local community college
  3  9 board of directors, and one representative of the local
  3 10 workforce development center.  These five members shall select
  3 11 the remaining four members.  If the enterprise zone consists
  3 12 of an area meeting the requirements for eligibility for an
  3 13 urban or rural enterprise community under Title XIII of the
  3 14 federal Omnibus Budget Reconciliation Act of 1993, one of the
  3 15 remaining four members shall be a representative of that
  3 16 community.  A county shall have only one enterprise zone
  3 17 commission to review applications for incentives and
  3 18 assistance for businesses located within or requesting to
  3 19 locate within a certified enterprise zone designated pursuant
  3 20 to section 15E.194, subsection 1.
  3 21    2.  A city with a population of twenty=four thousand or
  3 22 more which designates an enterprise zone pursuant to section
  3 23 15E.194, subsection 2, and in which an eligible enterprise
  3 24 zone is certified shall establish an enterprise zone
  3 25 commission to review applications from qualified businesses
  3 26 located within or requesting to locate within an enterprise
  3 27 zone to receive incentives or assistance as provided in
  3 28 section 15E.196.  The enterprise zone commission shall review
  3 29 applications from qualified housing businesses requesting to
  3 30 receive incentives or assistance as provided in section
  3 31 15E.193B.  The enterprise zone commission shall review
  3 32 applications from owners or developers of qualified historic
  3 33 properties to receive incentives or assistance as provided in
  3 34 section 15E.193B or 15E.196, as applicable.  The commission
  3 35 shall consist of nine members.  Six of these members shall
  4  1 consist of one representative of an international labor
  4  2 organization, one member with economic development expertise
  4  3 chosen by the department of economic development, one
  4  4 representative of the city council, one member of the local
  4  5 community college board of directors, one member of the city
  4  6 planning and zoning commission, and one representative of the
  4  7 local workforce development center.  These six members shall
  4  8 select the remaining three members.  If the enterprise zone
  4  9 consists of an area meeting the requirements for eligibility
  4 10 for an urban enterprise community under Title XIII of the
  4 11 federal Omnibus Budget Reconciliation Act of 1993, one of the
  4 12 remaining three members shall be a representative of that
  4 13 community.  If a city contiguous to the city designating the
  4 14 enterprise zone is included in an enterprise zone, a
  4 15 representative of the contiguous city, chosen by the city
  4 16 council, shall be a member of the commission.  A city in which
  4 17 an eligible enterprise zone is certified shall have only one
  4 18 enterprise zone commission.  If a city has established an
  4 19 enterprise zone commission prior to July 1, 1998, the city may
  4 20 petition to the department of economic development to change
  4 21 the structure of the existing commission.
  4 22    4.  If the enterprise zone commission determines that a
  4 23 business or an owner or developer of a qualified historic
  4 24 property qualifies and is eligible to receive incentives or
  4 25 assistance as provided in section 15E.193B or 15E.196, the
  4 26 commission shall submit an application for incentives or
  4 27 assistance to the department of economic development.  The
  4 28 department may approve, defer, or deny the application.
  4 29    Sec. 5.  Section 15E.196, unnumbered paragraph 1, Code
  4 30 Supplement 2005, is amended to read as follows:
  4 31    For purposes of determining the incentives or assistance
  4 32 provided in this section, "eligible business" means a business
  4 33 or owner or developer of a qualified historic property which
  4 34 has been approved to receive incentives and assistance by the
  4 35 department of economic development pursuant to application as
  5  1 provided in section 15E.195.  The incentives and assistance
  5  2 provided under this division for businesses or for
  5  3 rehabilitating qualified historic property located in
  5  4 enterprise zones shall be for a period not to exceed ten years
  5  5 and shall include all of the following:
  5  6    Sec. 6.  Section 15E.196, subsections 3 and 6, Code
  5  7 Supplement 2005, are amended to read as follows:
  5  8    3.  Investment tax credit of up to ten percent, as provided
  5  9 in section 15.333.  In the case of an owner or developer of
  5 10 qualified historic property, the tax credit shall be based
  5 11 upon the rehabilitation costs related to the new jobs created
  5 12 by the occupant business.
  5 13    6.  Insurance premium tax credit of up to ten percent, as
  5 14 provided in section 15.333A.  In the case of an owner or
  5 15 developer of qualified historic property, the tax credit shall
  5 16 be based upon the rehabilitation costs related to the new jobs
  5 17 created by the occupant business.
  5 18    Sec. 7.  Section 404A.1, subsection 2, Code Supplement
  5 19 2005, is amended by adding the following new paragraph:
  5 20    NEW PARAGRAPH.  e.  Property that is at least fifty years
  5 21 old and is listed on the national register of historic places
  5 22 or eligible for such listing and is located in a designated
  5 23 enterprise zone pursuant to chapter 15E, division XVIII.
  5 24    Sec. 8.  Section 404A.4, subsection 4, Code Supplement
  5 25 2005, is amended to read as follows:
  5 26    4.  a.  The total amount of tax credits that may be
  5 27 approved for a fiscal year under this chapter shall not exceed
  5 28 two million four hundred thousand dollars.  For the fiscal
  5 29 period beginning July 1, 2005, and ending June 30, 2015, an
  5 30 additional four million dollars of tax credits may be approved
  5 31 each fiscal year for purposes of projects located in cultural
  5 32 and entertainment districts certified pursuant to section
  5 33 303.3B.  Any of the additional tax credits allocated for
  5 34 projects located in certified cultural and entertainment
  5 35 districts that are not approved during a fiscal year shall be
  6  1 applied to reserved tax credits issued in accordance with
  6  2 section 404A.3 in order of original reservation.
  6  3    b.  For fiscal years beginning on or after July 1, 2006,
  6  4 there is not a limit on the amount of tax credits that may be
  6  5 approved for a fiscal year for the rehabilitation of eligible
  6  6 property as defined in section 404A.1, subsection 2, paragraph
  6  7 "e".  Such tax credits shall not be counted as part of the
  6  8 limitation on the amount of tax credits that may be approved
  6  9 under paragraph "a".
  6 10    c.  The department of cultural affairs shall establish by
  6 11 rule the procedures for the application, review, selection,
  6 12 and awarding of certifications of completion.  The departments
  6 13 of economic development, cultural affairs, and revenue shall
  6 14 each adopt rules to jointly administer this subsection and
  6 15 shall provide by rule for the method to be used to determine
  6 16 for which fiscal year the tax credits are available.  With the
  6 17 exception of tax credits issued pursuant to contracts entered
  6 18 into prior to July 1, 2005, tax credits shall not be reserved
  6 19 for more than five years.
  6 20    Sec. 9.  Section 422.7, Code Supplement 2005, is amended by
  6 21 adding the following new subsection:
  6 22    NEW SUBSECTION.  45.  Subtract two thousand dollars for
  6 23 each of the first five tax years the taxpayer owns and resides
  6 24 in a condominium unit in a qualified historic property located
  6 25 in a designated enterprise zone that was redeveloped into a
  6 26 multiunit condominium building.  This deduction is only
  6 27 available for the first five calendar years following the
  6 28 calendar year in which the redevelopment of the qualified
  6 29 historic property was completed.  If the original taxpayer
  6 30 sells the condominium unit during the first five calendar
  6 31 years, the subsequent owner who resides in that unit is
  6 32 eligible for the deduction under this subsection for the
  6 33 remainder of the first five calendar years.
  6 34    If the taxpayer does not own and reside in the condominium
  6 35 unit during the entire tax year, the amount subtracted shall
  7  1 be a pro rata amount with any portion of a month considered a
  7  2 whole month.  The amount subtracted shall be rounded to the
  7  3 nearest multiple of fifty dollars.
  7  4    For purposes of this subsection, "qualified historic
  7  5 property" means the same as defined in section 15E.192,
  7  6 subsection 0A.
  7  7    Sec. 10.  Section 441.21, subsection 2, Code Supplement
  7  8 2005, is amended to read as follows:
  7  9    2.  In the event market value of the property being
  7 10 assessed cannot be readily established in the foregoing
  7 11 manner, then the assessor may determine the value of the
  7 12 property using the other uniform and recognized appraisal
  7 13 methods including its productive and earning capacity, if any,
  7 14 industrial conditions, its cost, physical and functional
  7 15 depreciation and obsolescence and replacement cost, and all
  7 16 other factors which would assist in determining the fair and
  7 17 reasonable market value of the property but the actual value
  7 18 shall not be determined by use of only one such factor.  The
  7 19 following shall not be taken into consideration:  Special
  7 20 value or use value of the property to its present owner, and
  7 21 the goodwill or value of a business which uses the property as
  7 22 distinguished from the value of the property as property.
  7 23 However, in assessing property that is rented or leased to
  7 24 low=income individuals and families as authorized by section
  7 25 42 of the Internal Revenue Code, as amended, and which section
  7 26 limits the amount that the individual or family pays for the
  7 27 rental or lease of units in the property, the assessor shall
  7 28 use the productive and earning capacity from the actual rents
  7 29 received as a method of appraisal and shall take into account
  7 30 the extent to which that use and limitation reduces the market
  7 31 value of the property.  The assessor shall not consider any
  7 32 tax credit equity or other subsidized financing as income
  7 33 provided to the property in determining the assessed value.
  7 34 The property owner shall notify the assessor when property is
  7 35 withdrawn from section 42 eligibility under the Internal
  8  1 Revenue Code.  The property shall not be subject to section 42
  8  2 assessment procedures for the assessment year for which
  8  3 section 42 eligibility is withdrawn.  This notification must
  8  4 be provided to the assessor no later than March 1 of the
  8  5 assessment year or the owner will be subject to a penalty of
  8  6 five hundred dollars for that assessment year.  The penalty
  8  7 shall be collected at the same time and in the same manner as
  8  8 regular property taxes.  However, in assessing property that
  8  9 is qualified historic property, as defined in section 15E.192,
  8 10 subsection 0A, which is located in a designated enterprise
  8 11 zone, the assessor shall use the productive and earning
  8 12 capacity of the property as the method of appraisal.  Upon
  8 13 adoption of uniform rules by the department of revenue or
  8 14 succeeding authority covering assessments and valuations of
  8 15 such properties, the valuation on such properties shall be
  8 16 determined in accordance with such rules and in accordance
  8 17 with forms and guidelines contained in the real property
  8 18 appraisal manual prepared by the department as updated from
  8 19 time to time for assessment purposes to assure uniformity, but
  8 20 such rules, forms, and guidelines shall not be inconsistent
  8 21 with or change the foregoing means of determining the actual,
  8 22 market, taxable and assessed values.
  8 23    Sec. 11.  EFFECTIVE AND APPLICABILITY DATES.  This Act,
  8 24 being deemed of immediate importance, takes effect upon
  8 25 enactment and applies as follows:
  8 26    1.  The sections of this Act amending sections 15E.192,
  8 27 15E.193B, 15E.195, and 15E.196 apply to qualified historic
  8 28 property where completion of rehabilitation occurs on or after
  8 29 the effective date of this Act.
  8 30    2.  The sections of this Act amending sections 404A.1 and
  8 31 404A.4 apply to fiscal years beginning on or after July 1,
  8 32 2006.
  8 33    3.  The section of this Act amending section 422.7 applies
  8 34 to tax years beginning on or after January 1, 2007.
  8 35    4.  The section of this Act amending section 441.21 applies
  9  1 to assessment years beginning on or after January 1, 2007.
  9  2                           EXPLANATION
  9  3    This bill relates to qualified historic property that is 50
  9  4 years old, is either on the national register of historic
  9  5 places or is eligible for such listing, and is located in a
  9  6 designated enterprise zone.
  9  7    The bill provides that upon approval by the local
  9  8 enterprise zone commission and the department of economic
  9  9 development, the owner or developer of the qualified historic
  9 10 property that is used for business purposes is eligible to
  9 11 receive an investment tax credit of up to 10 percent of the
  9 12 rehabilitation costs related to the new jobs created by the
  9 13 occupant business and a refund of state sales and use taxes
  9 14 paid on materials and services used in the rehabilitation.  If
  9 15 the qualified historic property is used for residential
  9 16 purposes, the owner or developer of the property is eligible
  9 17 for an investment tax credit of up to 10 percent of the
  9 18 rehabilitation costs related to the development of the
  9 19 residential units and a refund of state sales and use taxes
  9 20 paid on materials and services used in the rehabilitation.
  9 21    The bill provides that for property tax purposes, qualified
  9 22 historic property located in a designated enterprise zone is
  9 23 to be assessed based on its productive and earning capacity.
  9 24    The bill provides that under Code chapter 404A, the
  9 25 limitations placed on the amount of historic preservation and
  9 26 cultural and entertainment district tax credits do not apply
  9 27 to the tax credits granted for qualified historic property
  9 28 located in a designated enterprise zone.
  9 29    The bill also provides an individual income tax deduction
  9 30 of up to $2,000 for each of the first five tax years that a
  9 31 taxpayer resides in a condominium located in a qualified
  9 32 historic property located in a designated enterprise zone.
  9 33    The bill takes effect upon enactment and has various
  9 34 applicability date provisions.
  9 35 LSB 5706SS 81
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