House File 560 - Introduced HOUSE FILE BY COWNIE Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act increasing the percentage of qualified expenditures that 2 may be claimed for purposes of the research activities tax 3 credit and including a retroactive applicability date 4 provision. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 2328YH 83 7 tw/mg:sc/5 PAG LIN 1 1 Section 1. Section 15.335, subsection 1, paragraph a, 1 2 subparagraph (1), Code 2009, is amended to read as follows: 1 3 (1) The credit equals the sum of the following: 1 4 (a)Six and one=halfTen percent of the excess of 1 5 qualified research expenses during the tax year over the base 1 6 amount for the tax year based upon the state's apportioned 1 7 share of the qualifying expenditures for increasing research 1 8 activities. 1 9 (b)Six and one=halfTen percent of the basic research 1 10 payments determined under section 41(e)(1)(A) of the Internal 1 11 Revenue Code during the tax year based upon the state's 1 12 apportioned share of the qualifying expenditures for 1 13 increasing research activities. 1 14 Sec. 2. Section 15A.9, subsection 8, paragraph a, 1 15 subparagraph (1), Code 2009, is amended to read as follows: 1 16 (1) The credit equals the sum of the following: 1 17 (a)ThirteenTwenty percent of the excess of qualified 1 18 research expenses during the tax year over the base amount for 1 19 the tax year based upon the state's apportioned share of the 1 20 qualifying expenditures for increasing research activities. 1 21 (b)ThirteenTwenty percent of the basic research payments 1 22 determined under section 41(e)(1)(A) of the Internal Revenue 1 23 Code during the tax year based upon the state's apportioned 1 24 share of the qualifying expenditures for increasing research 1 25 activities. 1 26 Sec. 3. Section 422.10, subsection 1, paragraph a, Code 1 27 2009, is amended to read as follows: 1 28 a. (1) For individuals, the credit equals the sum of the 1 29 following: 1 30(1)(a)Six and one=halfTen percent of the excess of 1 31 qualified research expenses during the tax year over the base 1 32 amount for the tax year based upon the state's apportioned 1 33 share of the qualifying expenditures for increasing research 1 34 activities. 1 35(2)(b)Six and one=halfTen percent of the basic 2 1 research payments determined under section 41(e)(1)(A) of the 2 2 Internal Revenue Code during the tax year based upon the 2 3 state's apportioned share of the qualifying expenditures for 2 4 increasing research activities. 2 5 (2) The state's apportioned share of the qualifying 2 6 expenditures for increasing research activities is a percent 2 7 equal to the ratio of qualified research expenditures in this 2 8 state to total qualified research expenditures. 2 9 Sec. 4. Section 422.33, subsection 5, paragraph a, Code 2 10 2009, is amended to read as follows: 2 11 a. (1) The taxes imposed under this division shall be 2 12 reduced by a state tax credit for increasing research 2 13 activities in this state equal to the sum of the following: 2 14(1)(a)Six and one=halfTen percent of the excess of 2 15 qualified research expenses during the tax year over the base 2 16 amount for the tax year based upon the state's apportioned 2 17 share of the qualifying expenditures for increasing research 2 18 activities. 2 19(2)(b)Six and one=halfTen percent of the basic 2 20 research payments determined under section 41(e)(1)(A) of the 2 21 Internal Revenue Code during the tax year based upon the 2 22 state's apportioned share of the qualifying expenditures for 2 23 increasing research activities. 2 24 (2) The state's apportioned share of the qualifying 2 25 expenditures for increasing research activities is a percent 2 26 equal to the ratio of qualified research expenditures in this 2 27 state to the total qualified research expenditures. 2 28 Sec. 5. RETROACTIVE APPLICABILITY. This Act applies 2 29 retroactively to January 1, 2009, for tax years beginning on 2 30 or after that date. 2 31 EXPLANATION 2 32 This bill increases the amount of the research activities 2 33 tax credit. 2 34 Currently, the amount of the tax credit under the 2 35 individual and corporate income taxes is 6.5 percent of 3 1 qualified research expenditures, but under Code section 3 2 15.335, the department of economic development may award an 3 3 additional 6.5 percent. The bill increases to 10 percent the 3 4 amount available under both the individual and corporate 3 5 income taxes as well as the additional credits awarded by the 3 6 department of economic development. Because the research 3 7 activities tax credit is in lieu of the income tax credits 3 8 under the quality jobs enterprise zone program, the bill 3 9 increases the percentage from 13 percent to 20 percent. 3 10 The bill applies retroactively to January 1, 2009, for tax 3 11 years beginning on or after that date. 3 12 LSB 2328YH 83 3 13 tw/mg:sc/5