Senate Study Bill 3125





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


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

                                      A BILL FOR

  1 An Act relating to financial transactions associated with
  2    agricultural production, by providing for tax credits and tax
  3    exemptions, and including effective and retroactive and other
  4    applicability dates.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 5135SK 81
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PAG LIN



  1  1    Section 1.  Section 175.2, Code 2005, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  0A.  "Agricultural assets" means
  1  4 agricultural land, depreciable agricultural property, crops,
  1  5 or livestock.
  1  6    Sec. 2.  NEW SECTION.  175.37  AGRICULTURAL ASSETS TRANSFER
  1  7 TAX CREDIT.
  1  8    1.  An agricultural assets transfer tax credit is allowed
  1  9 under this section.  The tax credit is allowed against the
  1 10 taxes imposed in chapter 422, division II, as provided in
  1 11 section 422.11M, and in chapter 422, division III, as provided
  1 12 in section 422.33, to facilitate the transfer of agricultural
  1 13 assets from a taxpayer to a beginning farmer.
  1 14    2.  In order to qualify for the tax credit, the taxpayer
  1 15 must meet qualifications established by rules adopted by the
  1 16 authority.  At a minimum, the taxpayer must be a person who
  1 17 may acquire or otherwise obtain or lease agricultural land in
  1 18 this state pursuant to chapter 9H or 9I.  However, the
  1 19 taxpayer must not be a person who may acquire or otherwise
  1 20 obtain or lease agricultural land exclusively because of an
  1 21 exception provided in one of those chapters or in a provision
  1 22 of another chapter of this Code including but not limited to
  1 23 chapter 10, 10C, 10D, or 501, or section 15E.207.
  1 24    3.  An individual may claim a tax credit under this section
  1 25 of a partnership, limited liability company, S corporation,
  1 26 estate, or trust electing to have income taxed directly to the
  1 27 individual.  The amount claimed by the individual shall be
  1 28 based upon the pro rata share of the individual's earnings
  1 29 from the partnership, limited liability company, S
  1 30 corporation, estate, or trust.
  1 31    4.  The tax credit is allowed only for agricultural assets
  1 32 that are subject to a lease or rental agreement.  The
  1 33 agreement may be made on a cash basis or on a commodity share
  1 34 basis which includes a share of the crops or livestock
  1 35 produced on the agricultural land.  The agreement must be in
  2  1 writing.  The lease must be for a term of at least two years.
  2  2 The lease may be renewed for a term of at least two years.
  2  3 The taxpayer may claim the tax credit under the renewal lease
  2  4 in the same manner as the original lease.  A lease does not
  2  5 include a lease intended as a security.
  2  6    5.  The tax credit shall be calculated based on the gross
  2  7 amount paid to the taxpayer under the lease or rental
  2  8 agreement.
  2  9    a.  Except as provided in paragraph "b", the tax credit
  2 10 shall equal five percent of the amount paid to the taxpayer
  2 11 under the agreement.
  2 12    b.  The tax credit shall equal fifteen percent of the
  2 13 amount paid to the taxpayer from crops or animals sold under
  2 14 an agreement in which the payment is exclusively made from the
  2 15 sale of crops or animals.
  2 16    6.  a.  In order to qualify as a beginning farmer, a person
  2 17 must be eligible to receive financial assistance under section
  2 18 175.12.  The taxpayer may claim the tax credit on the gross
  2 19 amount paid to the taxpayer as provided in this section until
  2 20 the beginning farmer is no longer eligible to receive
  2 21 financial assistance under section 175.12.
  2 22    b.  A tax credit in excess of the taxpayer's liability for
  2 23 the tax year may be credited to the tax liability for the
  2 24 following five years or until depleted, whichever is earlier.
  2 25 A tax credit shall not be carried back to a tax year prior to
  2 26 the tax year in which the taxpayer redeems the tax credit.  A
  2 27 tax credit shall not be transferable to any other person other
  2 28 than the taxpayer's estate or trust upon the taxpayer's death.
  2 29    7.  A taxpayer shall not claim a tax credit under this
  2 30 section unless a tax credit certificate issued by the
  2 31 authority is attached to the taxpayer's tax return for the tax
  2 32 year for which the tax credit is claimed.  The authority must
  2 33 review and approve an application for a tax credit as provided
  2 34 by rules adopted by the authority.  The application must
  2 35 include a copy of the lease or rental agreement.  The
  3  1 authority may approve an application and issue a tax credit
  3  2 certificate to a taxpayer who has previously been allowed a
  3  3 tax credit under this section.  However, the authority shall
  3  4 not approve an application or issue a certificate to a
  3  5 taxpayer if any of the following applies:
  3  6    a.  The taxpayer is at fault for terminating a prior lease
  3  7 or rental agreement subject to this section as determined by
  3  8 the authority.
  3  9    b.  The taxpayer is any of the following:
  3 10    (1)  A party to a pending administrative or judicial
  3 11 action, including a contested case proceeding under chapter
  3 12 17A, relating to an alleged violation involving an animal
  3 13 feeding operation as regulated by the department of natural
  3 14 resources, regardless of whether the pending action is brought
  3 15 by the department or the attorney general.
  3 16    (2)  Classified as a habitual violator for a violation of
  3 17 state law involving an animal feeding operation as regulated
  3 18 by the department of natural resources.
  3 19    c.  The beginning farmer is responsible for managing or
  3 20 maintaining agricultural land and other agricultural assets
  3 21 that are greater than necessary to adequately support a
  3 22 beginning farmer as determined by the authority according to
  3 23 rules which shall be adopted by the authority.
  3 24    d.  The agricultural assets are being leased or rented at a
  3 25 rate which is substantially higher or lower than the market
  3 26 rate for similar agricultural assets leased or rented within
  3 27 the same community, as determined by the authority.
  3 28    8.  The authority shall review each existing lease or
  3 29 rental agreement which is part of an application approved by
  3 30 the authority on a quarterly basis.  The authority may require
  3 31 that the taxpayer and the beginning farmer provide additional
  3 32 information as determined relevant by the authority.
  3 33    9.  A taxpayer or the beginning farmer may terminate a
  3 34 lease or rental agreement as provided in the agreement or by
  3 35 law.  The taxpayer must immediately notify the authority of
  4  1 the termination.
  4  2    a.  If the authority determines that the taxpayer is not at
  4  3 fault for the termination, the authority shall not issue a tax
  4  4 certificate to the taxpayer for a subsequent tax year based on
  4  5 the approved application.  Any prior tax credit is allowed as
  4  6 provided in this section.  The taxpayer may apply for and be
  4  7 issued another tax credit certificate for the same
  4  8 agricultural assets as provided in this section for any
  4  9 remaining tax years for which a certificate was not issued.
  4 10    b.  If the authority determines that the taxpayer is at
  4 11 fault for the termination, any prior tax credit allowed under
  4 12 this section is disallowed.  The tax credit shall be
  4 13 recaptured and the amount of the tax credit shall be
  4 14 immediately due and payable to the department of revenue.  If
  4 15 a taxpayer does not immediately notify the authority of the
  4 16 termination, the taxpayer shall be conclusively deemed at
  4 17 fault for the termination.
  4 18    Sec. 3.  NEW SECTION.  422.11M  AGRICULTURAL ASSETS
  4 19 TRANSFERRED TO BEGINNING FARMERS.
  4 20    The taxes imposed under this division, less the credits
  4 21 allowed under sections 422.12 and 422.12B, shall be reduced by
  4 22 an agricultural assets transfer tax credit as allowed under
  4 23 section 175.37.
  4 24    Sec. 4.  Section 422.33, Code Supplement 2005, is amended
  4 25 by adding the following new subsection:
  4 26    NEW SUBSECTION.  20.  The taxes imposed under this division
  4 27 shall be reduced by an agricultural assets transfer tax credit
  4 28 as allowed under section 175.37.
  4 29    Sec. 5.  Section 423.3, subsection 11, unnumbered paragraph
  4 30 1, Code Supplement 2005, is amended to read as follows:
  4 31    The sales price exclusive of services of farm machinery and
  4 32 equipment, including auxiliary attachments which improve the
  4 33 performance, safety, operation, or efficiency of the machinery
  4 34 and equipment, and including auger systems, curtains and
  4 35 curtain systems, drip systems, fan and fan systems, shutters,
  5  1 inlets and shutter or inlet systems, and refrigerators, and
  5  2 replacement parts, if all of the following conditions are met:
  5  3    Sec. 6.  REFUNDS.  Refunds of taxes, interest, or penalties
  5  4 which arise from claims resulting from the amendment of
  5  5 section 423.3, subsection 11, in this Act, for the exemption
  5  6 of sales of auger systems, curtains and curtain systems, drip
  5  7 systems, fan and fan systems, shutters, inlets and shutter or
  5  8 inlet systems, and refrigerators occurring between January 1,
  5  9 1992, and the effective date of this section of this Act,
  5 10 shall be limited to twenty=five thousand dollars in the
  5 11 aggregate and shall not be allowed unless refund claims are
  5 12 filed prior to October 1, 2006, notwithstanding any other
  5 13 provision of law.  If the amount of claims totals more than
  5 14 twenty=five thousand dollars in the aggregate, the department
  5 15 of revenue shall prorate the twenty=five thousand dollars
  5 16 among all claimants in relation to the amounts of the
  5 17 claimants' valid claims.  Claimants shall not be entitled to
  5 18 interest on any refunds.
  5 19    Sec. 7.  EFFECTIVE DATES AND RETROACTIVE APPLICABILITY
  5 20 PROVISIONS.
  5 21    1.  Except as provided in subsection 2, this Act takes
  5 22 effect January 1, 2007, and is applicable to tax years
  5 23 beginning on or after that date.
  5 24    2.  The section of this Act amending section 423.3 and the
  5 25 section of this Act providing refunds resulting from the
  5 26 amendment of section 423.3, being deemed of immediate
  5 27 importance, take effect upon enactment and apply retroactively
  5 28 to January 1, 1992.
  5 29                           EXPLANATION
  5 30    This bill provides tax incentives associated with
  5 31 agricultural production.  The bill establishes a tax credit to
  5 32 assist beginning farmers and provides a sales tax exemption on
  5 33 certain farm machinery and equipment.
  5 34    BEGINNING FARMERS == AGRICULTURAL ASSETS TRANSFER TAX
  5 35 CREDIT.  The bill amends provisions in Code chapter 175, which
  6  1 establishes the agricultural development authority
  6  2 (authority), by providing a tax credit for an owner of
  6  3 agricultural assets including agricultural land, depreciable
  6  4 agricultural property, crops, or livestock, who transfers
  6  5 those agricultural assets to a beginning farmer by lease or
  6  6 rental agreement.
  6  7    The authority is an instrumentality housed in the office of
  6  8 treasurer of state that is responsible for administering a
  6  9 number of programs to assist agricultural producers, including
  6 10 the beginning farmer program.  A beginning farmer is an
  6 11 individual, partnership, family farm corporation, or family
  6 12 farm limited liability company as provided under Code chapter
  6 13 9H (Iowa's corporate farming law), with a low or moderate net
  6 14 worth who engages in farming or wishes to engage in farming.
  6 15    The bill provides that the amount of the tax credit equals
  6 16 5 percent of the amount paid to the owner under the agreement.
  6 17 However, if the agreement is based on a commodity share
  6 18 arrangement for either crops or livestock, the tax credit may
  6 19 equal 15 percent of the amount paid to the owner from the sale
  6 20 of the crops or animals.
  6 21    The bill places a number of restrictions upon the authority
  6 22 in approving applications and issuing certificates.  The owner
  6 23 must be a person who may acquire or otherwise obtain or lease
  6 24 agricultural land in the state under Code chapter 9H or 9I
  6 25 (restricting foreign ownership of agricultural land).  In
  6 26 addition, the owner cannot acquire or otherwise obtain or
  6 27 lease agricultural land exclusively because of an exception
  6 28 provided in one of those Code chapters, e.g., an encumbrance
  6 29 taken for purposes of security.  A person also cannot hold
  6 30 land based on an exception in other Code provisions, including
  6 31 Code chapter 10 (corporate networking entities), Code chapter
  6 32 10C (life science enterprises), Code chapter 10D (qualified
  6 33 enterprises), and Code chapter 501 (closed cooperatives), as
  6 34 well as Code section 15E.207 (an Iowa agricultural industry
  6 35 finance corporation).  The owner cannot be at fault for
  7  1 terminating a prior lease, the owner cannot have been involved
  7  2 in legal proceedings regarding an environmental violation, the
  7  3 beginning farmer could not have been provided more
  7  4 agricultural assets than what the beginning farmer could have
  7  5 been expected to adequately manage, and the agricultural
  7  6 assets cannot be leased or rented at a rate substantially
  7  7 different from similar market arrangements.
  7  8    This part of the bill takes effect January 1, 2007, and is
  7  9 applicable to tax years beginning on or after that date.
  7 10    SALES TAX EXEMPTION == FARM MACHINERY AND EQUIPMENT.  The
  7 11 bill also amends Code section 423.3, which provides exemptions
  7 12 from the state's sales tax, including farm machinery and
  7 13 equipment associated with crop production, animal agriculture,
  7 14 or horticulture.  The bill extends the type of farm machinery
  7 15 and equipment eligible for the exemption by including auger
  7 16 systems, fan systems, and refrigerators.
  7 17    This part of the bill takes effect upon enactment and
  7 18 applies retroactively to January 1, 1992.  It limits the
  7 19 amount that may be refunded to a person who paid the sales tax
  7 20 on and after that date to $25,000.
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