Senate File 2355 - Introduced
SENATE FILE
BY BOLKCOM
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the reporting of income tax liability by
2 public utilities with the Iowa utilities board.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6028XS 81
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PAG LIN
1 1 Section 1. Section 476.8, Code 2005, is amended by adding
1 2 the following new unnumbered paragraph:
1 3 NEW UNNUMBERED PARAGRAPH. The board, in determining the
1 4 rates for a public utility which participates in the filing of
1 5 a consolidated income tax return with an affiliate, shall
1 6 calculate the amount of income tax liability of the public
1 7 utility to be included in the revenues of the utility as a
1 8 share of the consolidated income tax liability reported in the
1 9 return in proportion to the public utility's and affiliate's
1 10 respective positive taxable income, excluding from the
1 11 allocation an affiliate, if any, reporting no positive taxable
1 12 income on the consolidated income tax return. The board shall
1 13 include the lesser of the amount of income tax in the revenues
1 14 of the public utility calculated under this paragraph or the
1 15 income tax liability of the public utility calculated as
1 16 though the utility did not participate in the filing of a
1 17 consolidated income tax return with an affiliate.
1 18 EXPLANATION
1 19 This bill relates to the reporting of income taxes by a
1 20 public utility. The bill requires the board to calculate the
1 21 amount of income tax liability of a public utility that files
1 22 a consolidated tax return with an affiliate as a proportional
1 23 share of the total income tax liability of the return based on
1 24 the positive taxable income of the public utility and
1 25 affiliate. The bill requires the board to use for determining
1 26 rates the lesser of the amount of calculated proportional
1 27 share of public utility from a consolidated tax return or the
1 28 amount of income tax liability of the public utility without
1 29 considering whether or not the utility had filed a
1 30 consolidated tax return.
1 31 LSB 6028XS 81
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