Senate File 386 - Introduced



                                       SENATE FILE       
                                       BY  BRUNKHORST


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

                                      A BILL FOR

  1 An Act allowing individual income tax credits for contributions
  2    made to certain school tuition organizations and including an
  3    applicability date provision.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2181SS 81
  6 mg/pj/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  422.11K  SCHOOL TUITION
  1  2 ORGANIZATION TAX CREDIT.
  1  3    1.  The taxes imposed under this division less the credits
  1  4 allowed under sections 422.12 and 422.12B shall be reduced by
  1  5 a school tuition organization tax credit equal to seventy=five
  1  6 percent of the amount of the voluntary cash contributions made
  1  7 by the taxpayer during the tax year to a school tuition
  1  8 organization, not to exceed either of the following:
  1  9    a.  Seven hundred dollars for a single individual.
  1 10    b.  Eight hundred dollars for a married couple.
  1 11    2.  To be eligible for this credit, all of the following
  1 12 shall apply:
  1 13    a.  A deduction pursuant to section 170 of the Internal
  1 14 Revenue Code for any amount of the contribution is not taken
  1 15 for state tax purposes.
  1 16    b.  The contribution does not designate that any part of
  1 17 the contribution be used for the direct benefit of any
  1 18 dependent of the taxpayer or any other student designated by
  1 19 the taxpayer.
  1 20    3.  Any credit in excess of the tax liability is not
  1 21 refundable but the excess for the tax year may be credited to
  1 22 the tax liability for the following five tax years or until
  1 23 depleted, whichever is the earlier.
  1 24    4.  Married taxpayers who file separate returns or file
  1 25 separately on a combined return form must determine the tax
  1 26 credit under subsection 1, paragraph "b", based upon their
  1 27 combined net income and allocate the total credit amount to
  1 28 each spouse in the proportion that each spouse's respective
  1 29 net income bears to the total combined net income.
  1 30 Nonresidents or part=year residents of Iowa must determine
  1 31 their tax credit in the ratio of their Iowa source net income
  1 32 to their all source net income.  Nonresidents or part=year
  1 33 residents who are married and elect to file separate returns
  1 34 or to file separately on a combined return form must allocate
  1 35 the tax credit between the spouses in the ratio of each
  2  1 spouse's Iowa source net income to the combined Iowa source
  2  2 net income of the taxpayers.
  2  3    5.  For purposes of this section:
  2  4    a.  "Disabled student" means a child requiring special
  2  5 education, as defined in section 256B.2, subsection 1.
  2  6    b.  "New student" means a child who did not attend an
  2  7 accredited nonpublic school in Iowa during the previous school
  2  8 year.
  2  9    c.  "Qualified school" means a preschool for disabled
  2 10 students in this state or a nonpublic elementary or secondary
  2 11 school in this state which is accredited under section 256.11
  2 12 and adheres to the provisions of the federal Civil Rights Act
  2 13 of 1964 and chapter 216.
  2 14    d.  "School tuition organization" means a charitable
  2 15 organization in this state that is exempt from federal
  2 16 taxation under all of section 501(c)(3) of the Internal
  2 17 Revenue Code and that does all of the following:
  2 18    (1)  Allocates at least ninety percent of its annual
  2 19 revenue for educational scholarships or tuition grants to
  2 20 children to allow them to attend any qualified school of their
  2 21 parents' choice of which one=third of the children who receive
  2 22 scholarships or grants are new students.  Once a child has
  2 23 been deemed a new student, that child shall continue to be
  2 24 counted as a new student for each school year the child
  2 25 receives a scholarship or grant from the organization to
  2 26 attend a qualified school.
  2 27    (2)  Only awards educational scholarships and tuition
  2 28 grants to children who reside in Iowa.
  2 29    (3)  Provides educational scholarships or tuition grants to
  2 30 students without limiting availability to only students of one
  2 31 school.
  2 32    (4)  Prioritizes the providing of such scholarships and
  2 33 grants to students from families whose incomes are less than
  2 34 two hundred percent of the federal poverty level, as defined
  2 35 by the most recently revised income guidelines published by
  3  1 the United States department of health and human services.
  3  2    6.  A school tuition organization that receives a voluntary
  3  3 cash contribution pursuant to this subsection shall report to
  3  4 the department, on a form prescribed by the department, by
  3  5 February 28 of each year all of the following information:
  3  6    a.  The name, address, and contact name of the school
  3  7 tuition organization.
  3  8    b.  The total number of contributions received during the
  3  9 previous calendar year.
  3 10    c.  The total dollar amount of contributions received
  3 11 during the previous calendar year.
  3 12    d.  The total number of children awarded educational
  3 13 scholarships or tuition grants during the previous calendar
  3 14 year and the number of these children who are new students,
  3 15 who reside in the state, and who are from families with
  3 16 incomes of less than two hundred percent of the federal
  3 17 poverty level.
  3 18    e.  The total dollar amount of educational scholarships and
  3 19 tuition grants awarded during the previous calendar year.
  3 20    f.  For each school to which educational scholarships or
  3 21 tuition grants were awarded all of the following shall be
  3 22 provided:
  3 23    (1)  The name and address of the school.
  3 24    (2)  The number of educational scholarships and tuition
  3 25 grants awarded during the previous calendar year.
  3 26    (3)  The total dollar amount of educational scholarships
  3 27 and tuition grants awarded during the previous calendar year.
  3 28    7.  The department shall annually file a report with the
  3 29 chairpersons and ranking members of the senate and house
  3 30 committees on ways and means detailing a compilation of the
  3 31 information received from the reports of all school tuition
  3 32 organizations filed pursuant to the requirements of subsection
  3 33 6.
  3 34    8.  This section is repealed January 1, 2014.
  3 35    Sec. 2.  APPLICABILITY DATE.  This Act applies to tax years
  4  1 beginning on or after January 1, 2006, but before January 1,
  4  2 2014.
  4  3                           EXPLANATION
  4  4    This bill provides for an individual income tax credit
  4  5 equal to 75 percent of the voluntary contributions made to a
  4  6 school tuition organization that is exempt from federal income
  4  7 tax.  The tax credit is limited to $700 for single individuals
  4  8 and $800 for married persons filing jointly.  If married
  4  9 individuals file separately, the $800 is divided between them
  4 10 based upon each individual's net income.  At least 90 percent
  4 11 of total contributions must be used by the school tuition
  4 12 organization to provide educational scholarships or tuition
  4 13 grants to children attending nonpublic schools or preschools
  4 14 for disabled students that are accredited under state law and
  4 15 adhere to the federal Civil Rights Act of 1964 and the state
  4 16 civil rights law.  In addition, one=third of the scholarships
  4 17 or grants must be provided to students who did not attend a
  4 18 nonpublic school in the previous year.  The contribution may
  4 19 not be deducted as a charitable deduction for state tax
  4 20 purposes or be designated for the direct benefit of the
  4 21 taxpayer's dependents or any other student designated by the
  4 22 taxpayer.
  4 23    The school tuition organization must limit scholarships and
  4 24 grants to children that reside in Iowa, must provide
  4 25 scholarships and grants to students at more than one school,
  4 26 and must prioritize the awarding of scholarships and grants to
  4 27 students of low=income families.
  4 28    The school tuition organization must report to the
  4 29 department of revenue information related to the amount of
  4 30 contributions made to the organization, and the number,
  4 31 school, and amount of scholarships and grants awarded.
  4 32    The bill applies to tax years beginning on or after January
  4 33 1, 2006, but before January 1, 2014.
  4 34 LSB 2181SS 81
  4 35 mg:rj/pj/5