House File 2538 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON ECONOMIC
                                           GROWTH

                                       (SUCCESSOR TO HSB 586)


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

                                      A BILL FOR

  1 An Act increasing the amount of investment tax credit for which
  2    an eligible housing business may qualify if specified energy
  3    efficiency standards are met, and including effective and
  4    retroactive applicability date provisions.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 5506HV 82
  7 rn/sc/5

PAG LIN



  1  1    Section 1.  Section 15E.193B, subsection 6, paragraph a,
  1  2 Code 2007, is amended to read as follows:
  1  3    a.  An eligible housing business may claim a tax credit up
  1  4 to a maximum of ten percent of the new investment which is
  1  5 directly related to the building or rehabilitating of a
  1  6 minimum of four single=family homes located in that part of a
  1  7 city or county in which there is a designated enterprise zone
  1  8 or one multiple dwelling unit building containing three or
  1  9 more individual dwelling units located in that part of a city
  1 10 or county in which there is a designated enterprise zone.
  1 11 However, the following construction or rehabilitation projects
  1 12 meeting or exceeding the energy star or target finder rating
  1 13 performance requirements established pursuant to a joint
  1 14 program sponsored by the United States environmental
  1 15 protection agency and the United States department of energy
  1 16 may claim a tax credit up to a maximum of twelve percent of
  1 17 the eligible new investment:
  1 18    (1)  Multifamily unit projects with three floors or less
  1 19 above=grade that achieve the energy star label and a home
  1 20 energy rating system index of eighty or better.
  1 21    (2)  Single=family unit projects with three floors or less
  1 22 above=grade that achieve the energy star label and a home
  1 23 energy rating system index of eighty or better.
  1 24    (3)  Projects that include both commercial space and
  1 25 residential units and have more than three floors above=grade
  1 26 that achieve an energy star target finder rating of
  1 27 seventy=five or better.
  1 28    Information documenting achievement of these ratings shall
  1 29 be provided by the eligible housing business and verified by
  1 30 the department.
  1 31    PARAGRAPH DIVIDED.  The new investment that may be used to
  1 32 compute the tax credit shall not exceed the new investment
  1 33 used for the first one hundred forty thousand dollars of value
  1 34 for each single=family home or for each unit of a multiple
  1 35 dwelling unit building containing three or more units.  The
  2  1 tax credit may be used to reduce the tax liability imposed
  2  2 under chapter 422, division II, III, or V, or chapter 432.
  2  3 Any credit in excess of the tax liability for the tax year may
  2  4 be credited to the tax liability for the following seven years
  2  5 or until depleted, whichever occurs earlier.  If the business
  2  6 is a partnership, S corporation, limited liability company, or
  2  7 estate or trust electing to have the income taxed directly to
  2  8 the individual, an individual may claim the tax credit
  2  9 allowed.  The amount claimed by the individual shall be based
  2 10 upon the pro rata share of the individual's earnings of the
  2 11 partnership, S corporation, limited liability company, or
  2 12 estate or trust except as allowed for under subsection 8 when
  2 13 low=income housing tax credits authorized under section 42 of
  2 14 the Internal Revenue Code are used to assist in the financing
  2 15 of the housing development.
  2 16    Sec. 2.  EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.
  2 17 This Act, being deemed of immediate importance, takes effect
  2 18 upon enactment and applies retroactively to tax years
  2 19 beginning on or after January 1, 2008.
  2 20                           EXPLANATION
  2 21    This bill provides for an increased tax credit for
  2 22 enterprise zone housing projects which meet certain energy
  2 23 efficiency standards.  Currently, an eligible housing business
  2 24 may claim a tax credit up to a maximum of 10 percent of the
  2 25 business' new investment which is directly related to the
  2 26 building or rehabilitating of a specified form of housing
  2 27 located in a part of a city or county in which there is a
  2 28 designated enterprise zone.  The bill increases the tax credit
  2 29 to 12 percent if a project meets or exceeds specified energy
  2 30 star or target finder rating performance requirements
  2 31 established pursuant to a joint program sponsored by the
  2 32 United States environmental protection agency and the United
  2 33 States department of energy.  The bill requires information
  2 34 documenting achievement of the specified ratings to be
  2 35 provided to the department of economic development by an
  3  1 eligible housing business and verified by the department.
  3  2    The bill takes effect upon enactment, and applies
  3  3 retroactively to tax years beginning on or after January 1,
  3  4 2008.
  3  5 LSB 5506HV 82
  3  6 rn/sc/5