House File 858 - Introduced



                                     HOUSE FILE       
                                     BY  COMMITTEE ON ECONOMIC GROWTH

                                     (SUCCESSOR TO HF 404)


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

                                      A BILL FOR

  1 An Act relating to enterprise zones that include the site of a
  2    biodiesel or biodiesel blended fuel production facility.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1898HV 82
  5 tm/gg/14

PAG LIN



  1  1    Section 1.  Section 15E.196, subsection 3, Code 2007, is
  1  2 amended to read as follows:
  1  3    3.  a.  Investment tax credit of up to ten percent, as
  1  4 provided in section 15.333.
  1  5    b.  For purposes of the tax credit provided in paragraph
  1  6 "a", if the eligible business is a biodiesel or biodiesel
  1  7 blended fuel production facility, the department of economic
  1  8 development shall issue a biodiesel enterprise zone investment
  1  9 tax credit certificate to be attached to the taxpayer's tax
  1 10 return.  The tax credit certificate shall contain the
  1 11 taxpayer's name, address, tax identification number, the date
  1 12 of project completion, the amount of credit, other information
  1 13 required by the department of revenue, and a place for the
  1 14 name and tax identification number of a transferee and the
  1 15 amount of the tax credit being transferred.  Tax credit
  1 16 certificates issued under this paragraph may be transferred to
  1 17 any person or entity.  Within ninety days of transfer, the
  1 18 transferee must submit the transferred tax credit certificate
  1 19 to the department of revenue along with a statement containing
  1 20 the transferee's name, tax identification number, and address,
  1 21 and the denomination that each replacement tax credit
  1 22 certificate is to carry and any other information required by
  1 23 the department of revenue.  Within thirty days of receiving
  1 24 the transferred tax credit certificate and the transferee's
  1 25 statement, the department of revenue shall issue one or more
  1 26 replacement tax credit certificates to the transferee.  Each
  1 27 replacement certificate must contain the information required
  1 28 for the original tax credit certificate and must have the same
  1 29 expiration date that appeared on the original tax credit
  1 30 certificate.  Tax credit certificate amounts of less than the
  1 31 minimum amount established by rule of the department of
  1 32 economic development shall not be transferable.  A tax credit
  1 33 shall not be claimed by a transferee under this paragraph
  1 34 until a replacement tax credit certificate identifying the
  1 35 transferee as the proper holder has been issued.  The
  2  1 transferee may use the amount of the tax credit transferred
  2  2 against the taxes imposed under chapter 422, divisions II,
  2  3 III, and V, and under chapter 432, and against the moneys and
  2  4 credits tax imposed in section 533.24, for any tax year the
  2  5 original transferor could have claimed the tax credit.  Any
  2  6 consideration received for the transfer of the tax credit
  2  7 shall not be included as income under chapter 422, divisions
  2  8 II, III, and V, under chapter 432, or against the moneys and
  2  9 credits tax imposed in section 533.24.  Any consideration paid
  2 10 for the transfer of the tax credit shall not be deducted from
  2 11 income under chapter 422, divisions II, III, and V, under
  2 12 chapter 432, or against the moneys and credits tax imposed in
  2 13 section 533.24.
  2 14    c.  For purposes of this subsection, the terms "biodiesel"
  2 15 and "biodiesel blended fuel" mean the same as defined in
  2 16 section 214A.1.
  2 17                           EXPLANATION
  2 18    This bill relates to enterprise zones that include the site
  2 19 of a biodiesel or biodiesel blended fuel production facility.
  2 20    Currently, an eligible business under the enterprise zone
  2 21 program may elect to receive an investment tax credit as one
  2 22 of the incentives and assistance under the program.  The bill
  2 23 provides that if the eligible business is a biodiesel or
  2 24 biodiesel blended fuel production facility the investment tax
  2 25 credit under the program is transferable.  The bill provides a
  2 26 procedure for the issuance of biodiesel enterprise zone
  2 27 investment tax credit certificates required for the transfer
  2 28 and claiming of the tax credit.  The bill allows a transferee
  2 29 to use the amount of the tax credit transferred against
  2 30 individual and corporate tax liabilities, franchise tax
  2 31 liabilities for financial institutions, insurance premium tax
  2 32 liabilities for insurance companies, and the moneys and
  2 33 credits tax.  The bill provides that the transferee may claim
  2 34 the tax credit for any tax year the original transferor could
  2 35 have claimed the tax credit.
  3  1 LSB 1898HV 82
  3  2 tm:sc/gg/14