House File 868 



                                       HOUSE FILE       
                                       BY  MAY


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

                                      A BILL FOR

  1 An Act relating to an infrastructure project tax credit program
  2    for certain county fairs and providing a retroactive
  3    applicability date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1359YH 82
  6 mg/gg/14

PAG LIN



  1  1    Section 1.  NEW SECTION.  174.25  COUNTY FAIR PROJECT TAX
  1  2 CREDIT.
  1  3    1.  a.  An eligible fair may claim a tax credit equal to
  1  4 the amount calculated under subsection 2 for an infrastructure
  1  5 project involving the construction of new buildings or
  1  6 improvements to existing land and buildings on the
  1  7 fairgrounds.  The infrastructure project shall have a minimum
  1  8 cost of one hundred thousand dollars.  The tax credit shall be
  1  9 allowed against taxes imposed under chapter 422, divisions II,
  1 10 III, and V, and under chapter 432.
  1 11    b.  For purposes of this section, "eligible fair" means an
  1 12 organization that operates a county fair event that meets all
  1 13 of the following:
  1 14    (1)  Is located in a county with a population of at least
  1 15 fifteen thousand but not more than eighteen thousand and whose
  1 16 county seat has a population of at least eleven thousand but
  1 17 not more than fifteen thousand.
  1 18    (2)  Has an average annual attendance at the fair event
  1 19 during the last three calendar years of at least one hundred
  1 20 fifty thousand individuals.
  1 21    (3)  Has an infrastructure project involving the
  1 22 construction of new buildings or improvements to land and
  1 23 existing buildings that is underway at the fairgrounds where
  1 24 the county fair event is held or contracts have been let for
  1 25 such infrastructure project where construction will begin
  1 26 within six months.
  1 27    2.  The amount of tax credit shall be calculated as
  1 28 provided in this subsection as follows:
  1 29    a.  For the first tax year for which the tax credit is
  1 30 claimed, determine the tax credit as follows:
  1 31    (1)  Calculate the average daily state sales tax collected
  1 32 in the city nearest the fairgrounds where the eligible fair is
  1 33 held during the base period multiplied by the number of days
  1 34 of the county fair event beginning after the base period.
  1 35    (2)  Calculate the sum of the state sales tax collected in
  2  1 the city nearest the fairgrounds during the time the county
  2  2 fair event is held after the base period plus the state sales
  2  3 tax collected during the county fair event held after the base
  2  4 period.
  2  5    (3)  Subtract the amount computed under subparagraph (1)
  2  6 from the amount computed under subparagraph (2).  This is the
  2  7 amount of the tax credit.
  2  8    For purposes of the calculation in this paragraph "a",
  2  9 "base period" means the two calendar quarters ending
  2 10 immediately before the county fair event that is held in the
  2 11 calendar year preceding the calendar year in which the tax
  2 12 year for which the tax credit will first be claimed.
  2 13    b.  The tax credit computed in paragraph "a" shall be
  2 14 allowed for up to four consecutive tax years.  However, the
  2 15 total amount of the tax credits for the eligible fair shall
  2 16 not exceed the lesser of the following:
  2 17    (1)  The cost of the infrastructure project.
  2 18    (2)  One million six hundred thousand dollars.
  2 19    3.  Any credit in excess of the tax liability is not
  2 20 refundable but the excess for the tax year may be credited to
  2 21 the tax liability for the following ten tax years or until
  2 22 depleted, whichever is earlier.
  2 23    4.  An individual may claim the tax credit allowed a
  2 24 partnership, limited liability company, S corporation, estate,
  2 25 or trust electing to have the income taxed directly to the
  2 26 individual.  The amount claimed by the individual shall be
  2 27 based upon the pro rata share of the individual's earnings of
  2 28 the partnership, limited liability company, S corporation,
  2 29 estate, or trust.
  2 30    5.  a.  To claim the tax credit, the eligible fair shall
  2 31 file an application with the department of revenue on forms
  2 32 approved by the director of revenue establishing its
  2 33 eligibility, the total cost of the infrastructure project for
  2 34 which the claim is made, and other information required by the
  2 35 department.
  3  1    b.  After verifying the eligibility for the tax credit, the
  3  2 department of revenue shall issue a county fair project tax
  3  3 credit certificate to be attached to the person's tax return.
  3  4 The tax credit certificate shall contain the taxpayer's name,
  3  5 address, tax identification number, the date of project
  3  6 completion, the amount of credit, other information required
  3  7 by the department of revenue, and a place for the name and tax
  3  8 identification number of a transferee and the amount of the
  3  9 tax credit being transferred.
  3 10    6.  a.  Tax credit certificates issued under this section
  3 11 may be transferred to any person or entity.  Within ninety
  3 12 days of transfer, the transferee must submit the transferred
  3 13 tax credit certificate to the department of revenue along with
  3 14 a statement containing the transferee's name, tax
  3 15 identification number, and address, and the denomination that
  3 16 each replacement tax credit certificate is to carry and any
  3 17 other information required by the department of revenue.
  3 18 Within thirty days of receiving the transferred tax credit
  3 19 certificate and the transferee's statement, the department of
  3 20 revenue shall issue one or more replacement tax credit
  3 21 certificates to the transferee.  Each replacement certificate
  3 22 must contain the information required under subsection 5,
  3 23 paragraph "b", that appeared on the transferred tax credit
  3 24 certificate.  Tax credit certificate amounts of less than the
  3 25 minimum amount established by rule of the department shall not
  3 26 be transferable.  A tax credit shall not be claimed by a
  3 27 transferee under this section until a replacement tax credit
  3 28 certificate identifying the transferee as the proper holder
  3 29 has been issued.
  3 30    b.  The transferee may use the amount of the tax credit
  3 31 transferred against the taxes imposed under chapter 422,
  3 32 divisions II, III, and V, and chapter 432 for any tax year the
  3 33 original transferor could have claimed the tax credit.  Any
  3 34 consideration received for the transfer of the tax credit
  3 35 shall not be included as income under chapter 422, divisions
  4  1 II, III, and V.  Any consideration paid for the transfer of
  4  2 the tax credit shall not be deducted from income under chapter
  4  3 422, divisions II, III, and V.
  4  4    Sec. 2.  NEW SECTION.  422.11T  COUNTY FAIR PROJECT TAX
  4  5 CREDIT.
  4  6    The taxes imposed under this division, less the credits
  4  7 allowed under sections 422.12 and 422.12B, shall be reduced by
  4  8 a county fair project tax credit as provided in section
  4  9 174.25.
  4 10    Sec. 3.  Section 422.33, Code 2007, is amended to read by
  4 11 adding the following new subsection:
  4 12    NEW SUBSECTION.  24.  The taxes imposed under this division
  4 13 shall be reduced by a county fair project tax credit as
  4 14 provided in section 174.25.
  4 15    Sec. 4.  Section 422.60, Code 2007, is amended by adding
  4 16 the following new subsection:
  4 17    NEW SUBSECTION.  13.  The taxes imposed under this division
  4 18 shall be reduced by a county fair project tax credit as
  4 19 provided in section 174.25.
  4 20    Sec. 5.  NEW SECTION.  432.12J  COUNTY FAIR PROJECT TAX
  4 21 CREDIT.
  4 22    The taxes imposed under this chapter shall be reduced by a
  4 23 county fair project tax credit as provided in section 174.25.
  4 24    Sec. 6.  RETROACTIVE APPLICABILITY DATE.  This Act applies
  4 25 retroactively to January 1, 2007, for tax years beginning on
  4 26 or after that date.
  4 27                           EXPLANATION
  4 28    This bill provides a tax credit for a fair organization
  4 29 that operates a county fair located in a county with a
  4 30 population of 15,000 to 18,000, where the county seat has a
  4 31 population of 11,000 to 15,000, and the average annual
  4 32 attendance at the county fair for the last three years has
  4 33 been 150,000 people.  To receive the tax credit the fair
  4 34 organization must be or will be involved in the construction
  4 35 of new buildings or improvements to land and existing
  5  1 buildings at the fairgrounds.
  5  2    The tax credit may be used to offset the tax liability
  5  3 under the individual and corporate income taxes, franchise
  5  4 tax, and insurance premium tax.  The tax credit is
  5  5 transferable.  The tax credit is nonrefundable but may be
  5  6 carried forward for up to 10 tax years or until used up.
  5  7    The amount of the tax credit equals the excess of the state
  5  8 sales tax collected at the fair plus at establishments in the
  5  9 closest city to the fairgrounds over the average daily amount
  5 10 collected at those same establishments multiplied by the
  5 11 number of days of the county fair.
  5 12    The amount of tax credit may be claimed for up to four tax
  5 13 years.  However, the total amount of tax credit for the fair
  5 14 organization cannot exceed the cost of the infrastructure
  5 15 project or $1.6 million, whichever is the lesser.
  5 16    The bill applies retroactively to January 1, 2007, for tax
  5 17 years beginning on or after that date.
  5 18 LSB 1359YH 82
  5 19 mg:nh/gg/14