Senate Study Bill 1177





                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            WAYS AND MEANS BILL BY
                                            CO=CHAIRPERSONS BOLKCOM
                                            AND ZIEMAN)


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

                                      A BILL FOR

  1 An Act providing individual and corporate income tax credits for
  2    soy=based cutting tool oil and including an applicability date
  3    provision.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2023SC 81
  6 mg/cf/24

PAG LIN



  1  1    Section 1.  NEW SECTION.   422.11K  SOY=BASED CUTTING TOOL
  1  2 OIL 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 soy=based cutting tool oil tax credit.  A manufacturer, as
  1  6 defined in section 428.20, is eligible to receive a soy=based
  1  7 cutting tool oil tax credit which is equal to the costs
  1  8 incurred by the manufacturer during the tax year for the
  1  9 purchase and replacement costs relating to the transition from
  1 10 using nonsoy=based cutting tool oil to using soy=based cutting
  1 11 tool oil.  The costs eligible for the credit are limited to
  1 12 those costs meeting all of the following requirements:
  1 13    a.  The costs were incurred after June 30, 2005, and before
  1 14 January 1, 2007.
  1 15    b.  The costs were incurred in the first twelve months of
  1 16 the transition from using nonsoy=based cutting tool oil to
  1 17 using soy=based cutting tool oil.
  1 18    c.  The costs of the purchase and replacement do not exceed
  1 19 two dollars per gallon of soy=based cutting tool oil used in
  1 20 the transition.  The total number of gallons used in the
  1 21 transition under this paragraph shall not exceed two thousand
  1 22 gallons.
  1 23    If the manufacturer elects to take the soy=based cutting
  1 24 tool oil tax credit, the manufacturer shall not deduct for
  1 25 Iowa tax purposes any amount of the costs incurred in the
  1 26 transition to using soy=based cutting tool oil which is
  1 27 deductible for federal tax purposes.
  1 28    2.  Any credit in excess of the tax liability shall be
  1 29 refunded with interest computed under section 422.25.  In lieu
  1 30 of claiming a refund, a taxpayer may elect to have the
  1 31 overpayment shown on the taxpayer's final, completed return
  1 32 credited to the tax liability for the following tax year.
  1 33    3.  An individual may claim the tax credit allowed a
  1 34 partnership, limited liability company, S corporation, estate,
  1 35 or trust electing to have the income taxed directly to the
  2  1 individual.  The amount claimed by the individual shall be
  2  2 based upon the pro rata share of the individual's earnings of
  2  3 the partnership, limited liability company, S corporation,
  2  4 estate, or trust.
  2  5    4.  For purposes of this section, "soy=based cutting tool
  2  6 oil" means cutting tool oil that contains ninety percent soy=
  2  7 based products.
  2  8    5.  This section is repealed December 31, 2007.
  2  9    Sec. 2.  Section 422.33, Code 2005, is amended by adding
  2 10 the following new subsection:
  2 11    NEW SUBSECTION.  17.  a.  The taxes imposed under this
  2 12 division shall be reduced by a soy=based cutting tool oil tax
  2 13 credit.  A manufacturer, as defined in section 428.20, is
  2 14 eligible to receive a soy=based cutting tool oil tax credit
  2 15 which is equal to the costs incurred by the manufacturer
  2 16 during the tax year for the purchase and replacement costs
  2 17 relating to the transition from using nonsoy=based cutting
  2 18 tool oil to using soy=based cutting tool oil.  The costs
  2 19 eligible for the credit are limited to those costs meeting all
  2 20 of the following requirements:
  2 21    (1)  The costs were incurred after June 30, 2005, and
  2 22 before January 1, 2007.
  2 23    (2)  The costs were incurred in the first twelve months of
  2 24 the transition to using soy=based cutting tool oil.
  2 25    (3)  The costs of the purchase and replacement do not
  2 26 exceed two dollars per gallon of soy=based cutting tool oil
  2 27 used in the transition.  The total number of gallons used in
  2 28 the transition under this subparagraph shall not exceed two
  2 29 thousand gallons.
  2 30    If the manufacturer elects to take the soy=based cutting
  2 31 tool oil tax credit, the manufacturer shall not deduct for
  2 32 Iowa tax purposes any amount of the costs incurred in the
  2 33 transition to using soy=based cutting tool oil which is
  2 34 deductible for federal tax purposes.
  2 35    b.  Any credit in excess of the tax liability shall be
  3  1 refunded with interest computed under section 422.25.  In lieu
  3  2 of claiming a refund, a taxpayer may elect to have the
  3  3 overpayment shown on the taxpayer's final, completed return
  3  4 credited to the tax liability for the following tax year.
  3  5    c.  For purposes of this subsection, "soy=based cutting
  3  6 tool oil" means cutting tool oil that contains ninety percent
  3  7 soy=based products.
  3  8    d.  This subsection is repealed December 31, 2007.
  3  9    Sec. 3.  APPLICABILITY DATES.  This Act applies to tax
  3 10 years ending after June 30, 2005, and beginning before January
  3 11 1, 2007.
  3 12                           EXPLANATION
  3 13    This bill provides a soy=based cutting tool oil tax credit
  3 14 under the individual and corporate income taxes.  The tax
  3 15 credit equals the costs incurred for the purchase and
  3 16 replacement costs related to the transition from using nonsoy=
  3 17 based cutting tool oil to using soy=based cutting tool oil in
  3 18 the manufacturing process.  The costs must meet three other
  3 19 requirements:  They were incurred after June 30, 2005, and
  3 20 before January 1, 2007, they were incurred in the first 12
  3 21 months of the transition to using soy=based cutting tool oil,
  3 22 and they do not exceed $2 per gallon of the soy=based cutting
  3 23 tool oil used in the transition, up to 2,000 gallons.  Any
  3 24 excess credit is refundable.  The credit applies to tax years
  3 25 ending after June 30, 2005, and beginning before January 1,
  3 26 2007.  The credit is repealed December 31, 2007.
  3 27 LSB 2023SC 81
  3 28 mg:nh/cf/24