House File 263 - Introduced



                                       HOUSE FILE       
                                       BY  PAULSEN


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

                                      A BILL FOR

  1 An Act relating to disaster recovery by providing individual
  2    income tax credits for costs incurred in housing construction
  3    and including effective and retroactive applicability date
  4    provisions.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 1033YH 83
  7 tw/sc/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  16.191  DISASTER RECOVERY HOUSING
  1  2 CONSTRUCTION PROJECT TAX CREDIT.
  1  3    1.  a.  A tax credit shall be allowed against the taxes
  1  4 imposed in chapter 422, division II, for a portion of a
  1  5 taxpayer's payment of construction costs incurred in the
  1  6 construction of a disaster recovery housing construction
  1  7 project.  To qualify as a disaster recovery housing
  1  8 construction project, a property, and the activities affecting
  1  9 the property, shall meet all of the following conditions:
  1 10    (1)  The property is owned by a taxpayer who is an
  1 11 individual or business subject to taxation under chapter 422,
  1 12 division II.
  1 13    (2)  At least one housing unit constructed between July 1,
  1 14 2008, and June 30, 2009, is located on the property.
  1 15    (3)  The cost of each housing unit constructed on the
  1 16 property is not more than one hundred twenty thousand dollars.
  1 17    (4)  The property is located in an area declared a disaster
  1 18 area by the governor or by a federal official.
  1 19    b.  An individual may claim a tax credit under this
  1 20 subsection of a partnership, limited liability company, S
  1 21 corporation, estate, or trust electing to have income taxed
  1 22 directly to the individual.  The amount claimed by the
  1 23 individual shall be based upon the pro rata share of the
  1 24 individual's earnings from the partnership, limited liability
  1 25 company, S corporation, estate, or trust.
  1 26    c.  Any tax credit in excess of the taxpayer's liability
  1 27 for the tax year is not refundable, but the taxpayer may elect
  1 28 to have the excess credited to the tax liability for the
  1 29 following five years or until depleted, whichever is earlier.
  1 30 A tax credit shall not be carried back to a tax year prior to
  1 31 the tax year in which the taxpayer first receives the tax
  1 32 credit.
  1 33    2.  a.  To claim a disaster recovery housing construction
  1 34 tax credit under this section, a taxpayer must attach one or
  1 35 more tax credit certificates to the taxpayer's tax return.
  2  1 The tax credit certificate or certificates attached to the
  2  2 taxpayer's tax return shall be issued in the taxpayer's name,
  2  3 expire on or after the last day of the taxable year for which
  2  4 the taxpayer is claiming the tax credit, and show a tax credit
  2  5 amount equal to or greater than the tax credit claimed on the
  2  6 taxpayer's tax return.
  2  7    b.  After verifying the eligibility of a taxpayer for a tax
  2  8 credit pursuant to this section, the authority shall issue a
  2  9 disaster recovery housing construction tax credit certificate
  2 10 to be attached to the taxpayer's tax return.  The tax credit
  2 11 certificate shall contain the taxpayer's name, address, tax
  2 12 identification number, the amount of the credit, and any other
  2 13 information required by the department of revenue.
  2 14    c.  The tax credit certificate, unless otherwise void,
  2 15 shall be accepted by the department of revenue as payment for
  2 16 taxes imposed pursuant to chapter 422, division II, subject to
  2 17 any conditions or restrictions placed by the authority upon
  2 18 the face of the tax credit certificate and subject to the
  2 19 limitations of this section.
  2 20    d.  Tax credit certificates issued under this section are
  2 21 not transferable to any person or entity.
  2 22    3.  The tax credit shall be in an amount equal to the costs
  2 23 incurred by the taxpayer which are directly related to a
  2 24 disaster recovery housing construction project.  However, the
  2 25 amount of the tax credit shall not exceed two thousand
  2 26 dollars.
  2 27    4.  For purposes of the individual income tax, the increase
  2 28 in the basis of the property that would otherwise result from
  2 29 the disaster recovery housing construction costs shall be
  2 30 reduced by the amount of the tax credit allowed under this
  2 31 part.
  2 32    5.  The maximum amount of tax credits issued by the
  2 33 authority shall not exceed twenty million dollars.
  2 34    6.  A payment shall be deemed to have been made on the date
  2 35 the disaster recovery housing construction project is
  3  1 completed.  A payment made prior to July 1, 2008, or after
  3  2 June 30, 2009, shall not qualify for a tax credit under this
  3  3 part.
  3  4    Sec. 2.  NEW SECTION.  16.192  APPROVAL == REQUIREMENTS ==
  3  5 REPAYMENT.
  3  6    1.  A taxpayer seeking to claim a tax credit pursuant to
  3  7 section 16.191 shall apply to the authority which shall have
  3  8 the power to approve the amount of tax credit available for
  3  9 each disaster recovery housing construction project.
  3 10    2.  A taxpayer applying for a tax credit shall provide the
  3 11 authority with all of the following:
  3 12    a.  Information showing the total costs incurred in the
  3 13 disaster recovery housing construction project.
  3 14    b.  Information about the financing sources that are
  3 15 directly related to the disaster recovery project for which
  3 16 the taxpayer is seeking approval for the tax credit.
  3 17    3.  If a taxpayer receives a tax credit pursuant to section
  3 18 16.191, but fails to comply with any of the requirements in
  3 19 this section or section 16.191, or fails to comply with local
  3 20 zoning or construction ordinances, the tax credit is void, and
  3 21 the department of revenue shall seek recovery of the value of
  3 22 the credit received.
  3 23    Sec. 3.  NEW SECTION.  422.11X  DISASTER RECOVERY HOUSING
  3 24 CONSTRUCTION PROJECT TAX CREDIT.
  3 25    The taxes imposed under this division, less the credits
  3 26 allowed under section 422.12, shall be reduced by a disaster
  3 27 recovery housing construction tax credit allowed under section
  3 28 16.191.
  3 29    Sec. 4.  EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.
  3 30 This Act, being deemed of immediate importance, takes effect
  3 31 upon enactment and applies retroactively to January 1, 2008,
  3 32 for tax years beginning on or after that date.
  3 33                           EXPLANATION
  3 34    This bill relates to disaster recovery by providing
  3 35 individual income tax credits for qualified housing
  4  1 construction projects.
  4  2    The bill allows a qualifying taxpayer to claim a tax credit
  4  3 for the costs incurred in the construction of new housing in
  4  4 disaster areas.  In order to claim the credit, the taxpayer
  4  5 must make an investment in a qualifying disaster recovery
  4  6 housing construction project.  A qualifying disaster recovery
  4  7 housing construction project is activity affecting a property
  4  8 meeting all of the following conditions:  (1) At least one
  4  9 housing unit constructed between July 1, 2008, and June 30,
  4 10 2009, is located on the property; (2) the property is owned by
  4 11 a qualifying taxpayer; (3) the cost of each housing unit
  4 12 constructed on the property is not more than $120,000; and (4)
  4 13 the property is located in an area declared a disaster area by
  4 14 the governor or by a federal official.
  4 15    The tax credit is allowed against the individual income tax
  4 16 in an amount not to exceed $2,000.  The tax credit is not
  4 17 refundable, but may be credited to subsequent tax liability
  4 18 for five years or until depleted.  The tax credits are not
  4 19 transferable.  The maximum amount of tax credits is limited to
  4 20 $20 million.  Any increase in a property's basis is reduced by
  4 21 the amount of tax credits received.  Investments are deemed to
  4 22 have been made on the date the disaster recovery project is
  4 23 completed.  Investments made prior to July 1, 2008, or after
  4 24 June 30, 2009, do not qualify for the tax credit.
  4 25    The Iowa finance authority approves the tax credits and
  4 26 issues tax credit certificates to qualifying taxpayers.  A
  4 27 taxpayer that does not comply with the requirements loses any
  4 28 right to the credit and the department of revenue shall seek
  4 29 recovery of the value of the credit received.
  4 30    The bill takes effect upon enactment and applies
  4 31 retroactively to January 1, 2008, for tax years beginning on
  4 32 or after that date.
  4 33 LSB 1033YH 83
  4 34 tw/sc/5