House File 617 - Introduced



                                       HOUSE FILE       
                                       BY  PETTENGILL and COWNIE


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

                                      A BILL FOR

  1 An Act relating to the providing of income tax, franchise tax,
  2    premium tax, and moneys and credits tax credits for employers
  3    paying part of their employees' student loans and including a
  4    retroactive applicability date provision.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 1513YH 83
  7 mg/rj/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  261.130  DEFINITIONS.
  1  2    As used in this division, unless the context otherwise
  1  3 requires:
  1  4    1.  "Accredited higher education institution" means an
  1  5 institution of higher education as defined in section 261.92.
  1  6    2.  "Commission" means the college student aid commission
  1  7 created in section 261.1.
  1  8    3.  "Qualified undergraduate loan" means a federally
  1  9 guaranteed student loan authorized under the federal Higher
  1 10 Education Act of 1965, 20 U.S.C. } 1071 et seq., or a loan
  1 11 originated by banks, savings and loans, or credit unions
  1 12 located in Iowa for purposes of attending an accredited higher
  1 13 education institution.
  1 14    Sec. 2.  NEW SECTION.  261.131  STUDENT LOAN REPAYMENT TAX
  1 15 CREDIT PROGRAM.
  1 16    1.  The commission shall establish a student loan repayment
  1 17 tax credit program for employers who repay qualified
  1 18 undergraduate loans of students employed in this state by the
  1 19 employer.  Under the program eligible employers shall be
  1 20 entitled to a tax credit to be allowed against the taxes
  1 21 imposed under chapter 422, division II, III, or V, or chapter
  1 22 432, or against the moneys and credits tax imposed in section
  1 23 533.329.
  1 24    2.  An eligible employer shall receive a credit equal to
  1 25 thirty percent of the amount of the qualified undergraduate
  1 26 loan repaid by the employer for an employee in the tax year.
  1 27 However, in computing the amount of the tax credit only the
  1 28 following repayment amount shall be used in the computation:
  1 29    a.  For the first tax year, not more than fifteen percent
  1 30 of the maximum qualified undergraduate loan.
  1 31    b.  For the second tax year, not more than fifteen percent
  1 32 of the maximum qualified undergraduate loan.
  1 33    c.  For the third tax year, not more than twenty percent of
  1 34 the maximum qualified undergraduate loan.
  1 35    d.  For the fourth tax year, not more than twenty=five
  2  1 percent of the maximum qualified undergraduate loan.
  2  2    e.  For the fifth tax year, not more than twenty=five
  2  3 percent of the maximum qualified undergraduate loan.
  2  4    For purposes of the computation of the tax credit pursuant
  2  5 to this subsection, "maximum qualified undergraduate loan"
  2  6 equals twenty=five thousand dollars.
  2  7    3.  To qualify as an eligible employer for purposes of the
  2  8 tax credit under subsection 2, an employer shall meet all of
  2  9 the following:
  2 10    a.  Pay the employee for whom the loan repayment is to be
  2 11 made an annualized salary or wage of at least twenty=five
  2 12 thousand dollars.
  2 13    b.  Employ the individual primarily in this state.
  2 14    c.  Begin repayment of the qualified undergraduate loan
  2 15 within six months of the initial hiring date of the employee.
  2 16 For purposes of this paragraph, an employee who is already
  2 17 employed by the employer as of July 1, 2009, shall be
  2 18 considered to be initially hired as of that date.
  2 19    4.  If the employer is a partnership, S corporation,
  2 20 limited liability company, estate, or trust electing to have
  2 21 the income taxed directly to the individual, an individual may
  2 22 claim the tax credit allowed.  The amount claimed by the
  2 23 individual shall be based upon the pro rata share of the
  2 24 individual's earnings of the partnership, S corporation,
  2 25 limited liability company, estate, or trust.
  2 26    5.  Any credit in excess of the tax liability for the tax
  2 27 year shall be refunded with interest computed under section
  2 28 422.25.  In lieu of claiming a refund, a taxpayer may elect to
  2 29 have the overpayment shown on its final, completed return
  2 30 credited to the tax liability for the following tax year.
  2 31    Sec. 3.  NEW SECTION.  261.132  TAX CREDIT CERTIFICATE
  2 32 PROCEDURE.
  2 33    1.  An employer seeking the student loan repayment tax
  2 34 credit under this division shall apply to the commission on
  2 35 the form prescribed by the commission, provide verification
  3  1 that the employer is eligible as required under section
  3  2 261.131, subsection 3, and any other information required by
  3  3 the commission or the department of revenue.
  3  4    2.  After verifying the eligibility for the tax credit, the
  3  5 commission, in consultation with the department of revenue,
  3  6 shall issue a student loan repayment tax credit certificate to
  3  7 be attached to the person's tax return.  The tax credit
  3  8 certificate shall contain the taxpayer's name, address, tax
  3  9 identification number, the dates of loan repayment, the amount
  3 10 of credit, and other information required by the department of
  3 11 revenue.
  3 12    Sec. 4.  NEW SECTION.  422.11X  STUDENT LOAN REPAYMENT TAX
  3 13 CREDIT.
  3 14    The taxes imposed under this division, less the credits
  3 15 allowed under section 422.12, shall be reduced by a student
  3 16 loan repayment tax credit authorized pursuant to sections
  3 17 261.130 through 261.132.
  3 18    Sec. 5.  Section 422.33, Code 2009, is amended by adding
  3 19 the following new subsection:
  3 20    NEW SUBSECTION.  27.  The taxes imposed under this division
  3 21 shall be reduced by a student loan repayment tax credit
  3 22 authorized pursuant to sections 261.130 through 261.132.
  3 23    Sec. 6.  Section 422.60, Code 2009, is amended by adding
  3 24 the following new subsection:
  3 25    NEW SUBSECTION.  15.  The taxes imposed under this division
  3 26 shall be reduced by a student loan repayment tax credit
  3 27 authorized pursuant to sections 261.130 through 261.132.
  3 28    Sec. 7.  NEW SECTION.  432.12M  STUDENT LOAN REPAYMENT TAX
  3 29 CREDIT.
  3 30    The taxes imposed under this chapter shall be reduced by a
  3 31 student loan repayment tax credit authorized pursuant to
  3 32 sections 261.130 through 261.132.
  3 33    Sec. 8.  Section 533.329, subsection 2, Code 2009, is
  3 34 amended by adding the following new paragraph:
  3 35    NEW PARAGRAPH.  n.  The moneys and credits tax imposed
  4  1 under this section shall be reduced by a student loan
  4  2 repayment tax credit authorized pursuant to sections 261.130
  4  3 through 261.132.
  4  4    Sec. 9.  RETROACTIVE APPLICABILITY DATE.  This Act applies
  4  5 retroactively to January 1, 2009, for tax years beginning on
  4  6 or after that date.
  4  7                           EXPLANATION
  4  8    This bill provides a tax credit for an employer who repays
  4  9 any portion of an employee's undergraduate student loan.  The
  4 10 tax credits are allowable under the individual and corporate
  4 11 income taxes, franchise tax, insurance premiums tax, and
  4 12 moneys and credits tax of credit unions.
  4 13    To be eligible for the tax credit the employer must pay an
  4 14 annualized salary or wage of at least $25,000, employ the
  4 15 person in this state, and begin repayment of the student loan
  4 16 within six months of the hiring date.  However, the bill
  4 17 provides that the hiring date for an employee already employed
  4 18 as of July 1, 2009, shall be considered July 1, 2009.
  4 19    The amount of the tax credit equals 30 percent of the
  4 20 amount of the loan repaid not to exceed a certain percentage
  4 21 of the first $25,000 of the student loan.  This percentage may
  4 22 be claimed over a five=year period, 15 percent for the first
  4 23 and second tax years, 20 percent for the third tax year, and
  4 24 25 percent for the fourth and fifth tax years.
  4 25    The bill applies retroactively to January 1, 2009, for tax
  4 26 years beginning on or after that date.
  4 27 LSB 1513YH 83
  4 28 mg/rj/5