House File 2492 - Introduced



                                       HOUSE FILE       
                                       BY  PAULSEN


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

                                      A BILL FOR

  1 An Act related to tax credits for community=based seed capital
  2    investments by increasing the aggregate amount of tax credits
  3    available and making the credits transferable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6165YH 82
  6 tw/nh/24

PAG LIN



  1  1    Section 1.  Section 15E.43, subsections 4 and 5, Code
  1  2 Supplement 2007, are amended to read as follows:
  1  3    4.  The aggregate amount of tax credits issued pursuant to
  1  4 this division shall not exceed a total of ten fifteen million
  1  5 dollars.  The total amount of tax credits issued during the
  1  6 fiscal year beginning July 1, 2002, shall not exceed three
  1  7 million dollars.  The total amount of tax credits issued
  1  8 during the fiscal year beginning July 1, 2003, shall not
  1  9 exceed three million dollars.  The total amount of tax credits
  1 10 issued during the fiscal year beginning July 1, 2004, shall
  1 11 not exceed four million dollars.  Any amount of the maximum
  1 12 aggregate limit of tax credits that have not been issued by
  1 13 June 30, 2005, may be issued in any subsequent fiscal year.
  1 14 Not more than three million dollars of tax credits may be
  1 15 issued in any one subsequent fiscal year.
  1 16    5.  A tax credit shall not be redeemed during any tax year
  1 17 beginning prior to January 1, 2005.  A tax credit shall not be
  1 18 transferable to any other taxpayer.
  1 19    Sec. 2.  Section 15E.43, Code Supplement 2007, is amended
  1 20 by adding the following new subsection:
  1 21    NEW SUBSECTION.  5A.  a.  After verifying the eligibility
  1 22 of a qualifying business pursuant to section 15E.44 for a tax
  1 23 credit pursuant to this section, the department of economic
  1 24 development shall issue a seed capital investment tax credit
  1 25 certificate to be attached to an equity investor's tax return.
  1 26 The tax credit certificate shall contain the taxpayer's name,
  1 27 address, tax identification number, the amount of credit, the
  1 28 name of the qualifying business, any other information
  1 29 required by the department of revenue, and a place for the
  1 30 name and tax identification number of a transferee and the
  1 31 amount of the tax credit being transferred.
  1 32    b.  The tax credit certificate, unless rescinded by the
  1 33 board, shall be accepted by the department of revenue as
  1 34 payment for taxes imposed pursuant to chapter 422, divisions
  1 35 II, III, and V, and in chapter 432, and for the moneys and
  2  1 credits tax imposed in section 533.329, subject to any
  2  2 conditions or restrictions placed by the board upon the face
  2  3 of the tax credit certificate and subject to the limitations
  2  4 of this section.
  2  5    c.  Tax credit certificates issued under this section may
  2  6 be transferred to any person or entity.  Within ninety days of
  2  7 transfer, the transferee shall submit the transferred tax
  2  8 credit certificate to the department of revenue along with a
  2  9 statement containing the transferee's name, tax identification
  2 10 number, and address, and the denomination that each
  2 11 replacement tax credit certificate is to carry and any other
  2 12 information required by the department of revenue.
  2 13    d.  Within thirty days of receiving the transferred tax
  2 14 credit certificate and the transferee's statement, the
  2 15 department of revenue shall issue one or more replacement tax
  2 16 credit certificates to the transferee.  Each replacement tax
  2 17 credit certificate must contain the information required for
  2 18 the original tax credit certificate and must have the same
  2 19 expiration date that appeared in the transferred tax credit
  2 20 certificate.  Tax credit certificate amounts of less than the
  2 21 minimum amount established by rule of the department of
  2 22 economic development shall not be transferable.
  2 23    e.  A tax credit shall not be claimed by a transferee under
  2 24 this section until a replacement tax credit certificate
  2 25 identifying the transferee as the proper holder has been
  2 26 issued.  The transferee may use the amount of the tax credit
  2 27 transferred against the taxes imposed in chapter 422,
  2 28 divisions II, III, and V, and in chapter 432, and against the
  2 29 moneys and credits tax imposed in section 533.329, for any tax
  2 30 year the original transferor could have claimed the tax
  2 31 credit.  Any consideration received for the transfer of the
  2 32 tax credit shall not be included as income under chapter 422,
  2 33 divisions II, III, and V, under chapter 432, or against the
  2 34 moneys and credits tax imposed in section 533.329.  Any
  2 35 consideration paid for the transfer of the tax credit shall
  3  1 not be deducted from income under chapter 422, divisions II,
  3  2 III, and V, under chapter 432, or against the moneys and
  3  3 credits tax imposed in section 533.329.
  3  4    Sec. 3.  Section 15E.44, subsection 4, Code Supplement
  3  5 2007, is amended by striking the subsection.
  3  6                           EXPLANATION
  3  7    This bill relates to investment tax credits for
  3  8 community=based seed capital funds.
  3  9    The bill increases the total aggregate amount of tax
  3 10 credits allowed from $10 million to $15 million.
  3 11    The bill also makes the investment tax credits transferable
  3 12 from one taxpayer to another.
  3 13 LSB 6165YH 82
  3 14 tw/nh/24