House File 418 - Introduced



                                       HOUSE FILE       
                                       BY  WISE


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

                                      A BILL FOR

  1 An Act relating to a commercial property tax credit for
  2    individual and corporation income tax, and including effective
  3    and retroactive applicability date provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2521YH 82
  6 mg/gg/14

PAG LIN



  1  1    Section 1.  NEW SECTION.  422.11T  COMMERCIAL PROPERTY TAX
  1  2 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 commercial property tax credit.  To qualify for this credit,
  1  6 the taxpayer shall have paid property tax during the tax year
  1  7 levied on property that is assessed as commercial property for
  1  8 property tax purposes.
  1  9    2.  The total amount of tax credit that may be claimed by a
  1 10 taxpayer equals two hundred seventy=five dollars for a tax
  1 11 year beginning in the 2007 calendar year and five hundred
  1 12 fifty dollars for each tax year beginning in the 2008 calendar
  1 13 year or the 2009 calendar year.
  1 14    3.  The amount of the tax credit claimed under this section
  1 15 shall not be deducted in computing the taxpayer's taxable
  1 16 income for state income tax purposes.
  1 17    4.  Any credit in excess of the tax liability shall be
  1 18 refunded with interest computed under section 422.25.  In lieu
  1 19 of claiming a refund, a taxpayer may elect to have the
  1 20 overpayment shown on the taxpayer's final, completed return
  1 21 credited to the tax liability for the following tax year.
  1 22    5.  An individual may claim the tax credit allowed a
  1 23 partnership, limited liability company, S corporation, estate,
  1 24 or trust electing to have the income taxed directly to the
  1 25 individual.  The amount claimed by the individual shall be
  1 26 based upon the pro rata share of the individual's earnings of
  1 27 the partnership, limited liability company, S corporation,
  1 28 estate, or trust.
  1 29    6.  This section is repealed January 1, 2010, for the tax
  1 30 years beginning on or after that date.
  1 31    Sec. 2.  Section 422.33, Code 2007, is amended by adding
  1 32 the following new subsection:
  1 33    NEW SUBSECTION.  24.  a.  The taxes imposed under this
  1 34 division shall be reduced by a commercial property tax credit.
  1 35 To qualify for this credit, the taxpayer shall have paid
  2  1 property tax during the tax year levied on property that is
  2  2 assessed as commercial property for property tax purposes.
  2  3    b.  The total amount of credit that may be claimed by a
  2  4 taxpayer equals two hundred seventy=five dollars for a tax
  2  5 year beginning in the 2007 calendar year and five hundred
  2  6 fifty dollars for each tax year beginning in the 2008 calendar
  2  7 year or the 2009 calendar year.  For corporations that file a
  2  8 consolidated Iowa return in accordance with section 422.37,
  2  9 each corporation filing on the consolidated return that paid
  2 10 commercial property tax during the tax year may claim the
  2 11 maximum tax credit.
  2 12    c.  The amount of the tax credit claimed under this
  2 13 subsection shall not be deducted in computing the taxpayer's
  2 14 taxable income for state income tax purposes.  For
  2 15 corporations that file a consolidated Iowa return in
  2 16 accordance with section 422.37, each corporation filing on the
  2 17 consolidated return that claimed the credit shall not deduct
  2 18 the amount of the tax credit claimed by it for state income
  2 19 tax purposes.
  2 20    d.  Any credit in excess of the tax liability shall be
  2 21 refunded with interest computed under section 422.25.  In lieu
  2 22 of claiming a refund, a taxpayer may elect to have the
  2 23 overpayment shown on the taxpayer's final, completed return
  2 24 credited to the tax liability for the following tax year.
  2 25    e.  This subsection is repealed January 1, 2010, for tax
  2 26 years beginning on or after that date.
  2 27    Sec. 3.  EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.
  2 28 This Act, being deemed of immediate importance, takes effect
  2 29 upon enactment and applies retroactively to January 1, 2007,
  2 30 for tax years beginning on or after that date.
  2 31                           EXPLANATION
  2 32    This bill provides for an individual and corporation income
  2 33 tax credit for a certain amount of commercial property tax
  2 34 paid during the tax year.  The credit is equal to $275 for tax
  2 35 years beginning in the 2007 calendar year and $550 for tax
  3  1 years beginning in the 2008 and 2009 calendar years.  For
  3  2 corporations included in a consolidated Iowa return, each
  3  3 corporation in the consolidated return that paid commercial
  3  4 property tax can claim the maximum credit.  The credit amount
  3  5 is not allowed as a deduction in computing Iowa taxable
  3  6 income.  Any credit in excess of the tax liability is
  3  7 refundable.
  3  8    This credit is repealed effective January 1, 2010, for tax
  3  9 periods beginning on or after that date.
  3 10    The bill takes effect upon enactment and applies
  3 11 retroactively to January 1, 2007, for tax years beginning on
  3 12 or after that date.
  3 13 LSB 2521YH 82
  3 14 mg:rj/gg/14