House File 2021 - Introduced



                                       HOUSE FILE       
                                       BY  ZIRKELBACH


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

                                      A BILL FOR

  1 An Act providing an income tax credit for a fitness club
  2    membership purchased by a member of the Iowa national guard or
  3    a volunteer fire fighter and including effective and
  4    retroactive applicability date provisions.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 5113HH 82
  7 mg/sc/14

PAG LIN



  1  1    Section 1.  NEW SECTION.  422.11V  FITNESS CLUB MEMBERSHIP
  1  2 TAX CREDIT.
  1  3    1.  The taxes imposed under this division, less the credits
  1  4 allowed under section 422.12, shall be reduced by a fitness
  1  5 club membership tax credit for members of the Iowa national
  1  6 guard and for volunteer fire fighters.  The amount of the tax
  1  7 credit equals twenty=five percent of the contract price paid
  1  8 by the member of the Iowa national guard or volunteer fire
  1  9 fighter, not to exceed one hundred dollars, for membership in
  1 10 or use of services or facilities of a fitness club.
  1 11    2.  For purposes of this section:
  1 12    a.  "Contract price" means the same as defined in section
  1 13 552.1.
  1 14    b.  "Fitness club" means a physical exercise club as
  1 15 defined in section 552.1, except that it includes a physical
  1 16 exercise club owned by a nonprofit organization organized and
  1 17 operating as a nonprofit organization.
  1 18    c.  "Volunteer fire fighter" means a volunteer fire fighter
  1 19 as defined in section 85.61 who has met the minimum training
  1 20 standards established by the fire service training bureau
  1 21 pursuant to chapter 100B.
  1 22    3.  If a credit is taken under this section, the amount of
  1 23 the credit shall not be considered medical care expenses under
  1 24 section 213 of the Internal Revenue Code for state tax
  1 25 purposes.
  1 26    4.  Any credit in excess of the tax liability is not
  1 27 refundable but the excess for the tax year may be credited to
  1 28 the tax liability for the following five tax years or until
  1 29 depleted, whichever is the earlier.
  1 30    5.  Married taxpayers who file separate returns or file
  1 31 separately on a combined return form must determine the tax
  1 32 credit under subsection 1 based upon their combined net income
  1 33 and allocate the total credit amount to each spouse in the
  1 34 proportion that each spouse's respective net income bears to
  1 35 the total combined net income.  Nonresidents or part=year
  2  1 residents of Iowa must determine their tax credit in the ratio
  2  2 of their Iowa source net income to their all source net
  2  3 income.  Nonresidents or part=year residents who are married
  2  4 and elect to file separate returns or to file separately on a
  2  5 combined return form must allocate the tax credit between the
  2  6 spouses in the ratio of each spouse's Iowa source net income
  2  7 to the combined Iowa source net income of the taxpayers.
  2  8    Sec. 2.  EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.
  2  9 This Act, being deemed of immediate importance, takes effect
  2 10 upon enactment and applies retroactively to January 1, 2008,
  2 11 for tax years beginning on or after that date.
  2 12                           EXPLANATION
  2 13    This bill provides an individual income tax credit of 25
  2 14 percent, up to $100, of the purchase of a membership in or
  2 15 paid for the use of services or facilities of a fitness club.
  2 16 For purposes of the bill, a fitness club is defined as a
  2 17 physical exercise club as defined in Code section 552.1.
  2 18 Examples of physical exercise clubs are facilities commonly
  2 19 used for physical fitness or well=being and referred to as
  2 20 health spas, sports and health clubs, tennis clubs,
  2 21 racquetball courts, golf clubs, gymnasiums, figure salons,
  2 22 health studies, and weight control studios.  Certain
  2 23 facilities are not included.  These include a private club
  2 24 owned and operated by its members, an entity primarily engaged
  2 25 in rehabilitation services, or a facility where the membership
  2 26 is for 30 days or less.  The tax credit is only available for
  2 27 memberships purchased by members of the Iowa national guard or
  2 28 by volunteer fire fighters.  The tax credit is nonrefundable
  2 29 but can be carried forward for up to five tax years until
  2 30 depleted.
  2 31    The bill takes effect upon enactment and applies
  2 32 retroactively to January 1, 2008, for tax years beginning on
  2 33 or after that date.
  2 34 LSB 5113HH 82
  2 35 mg/sc/14