Senate File 2271 - Introduced
SENATE FILE
BY COMMITTEE ON WAYS AND MEANS
(SUCCESSOR TO SF 2093)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the holding period for purposes of certain
2 capital assets under the individual income tax and including
3 effective and applicability date provisions.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5204SV 81
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PAG LIN
1 1 Section 1. Section 422.7, subsection 21, Code Supplement
1 2 2005, is amended by adding the following new unnumbered
1 3 paragraph:
1 4 NEW UNNUMBERED PARAGRAPH. For purposes of this subsection,
1 5 the term "held" shall be determined with reference to the
1 6 holding period provisions of section 1223 of the Internal
1 7 Revenue Code and the federal regulations adopted pursuant
1 8 thereto.
1 9 Sec. 2. RETROACTIVE APPLICABILITY DATE PROVISIONS. This
1 10 Act, being deemed of immediate importance, takes effect upon
1 11 enactment and retroactively applies to all of the following:
1 12 1. Sales made on or after January 1, 2006.
1 13 2. Determining the holding period for sales made on or
1 14 after January 1, 2006.
1 15 3. Tax years ending on or after January 1, 2006.
1 16 EXPLANATION
1 17 This bill requires that the computation of the holding
1 18 period for purposes of the capital gains deduction under Code
1 19 section 422.7, subsection 21, be determined in the same manner
1 20 as the holding period of assets is determined for federal tax
1 21 purposes under Internal Revenue Code section 1223. These
1 22 provisions will, in some cases, add the holding period of
1 23 other property or the holding period of another owner to the
1 24 holding period of the taxpayer in determining whether the
1 25 required 10=year holding period has been satisfied, such as
1 26 property received in a like=kind exchange, property received
1 27 by gift, or property purchased from the proceeds of an
1 28 involuntary conversion.
1 29 The bill takes effect upon enactment and applies
1 30 retroactively to January 1, 2006, and applies to sales made on
1 31 or after January 1, 2006, during tax years ending on or after
1 32 that date.
1 33 LSB 5204SV 81
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