House File 637 - Introduced



                                       HOUSE FILE       
                                       BY  MAY


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

                                      A BILL FOR

  1 An Act providing for a tax credit against the individual or
  2    corporate income tax, the franchise tax, insurance premiums
  3    tax, and the moneys and credits tax for a charitable
  4    contribution to certain institutions engaged in regenerative
  5    medicine research and including a retroactive applicability
  6    date provision.
  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  8 TLSB 2515HH 83
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PAG LIN



  1  1    Section 1.  NEW SECTION.  422.11X  REGENERATIVE MEDICINE
  1  2 RESEARCH TAX CREDIT.
  1  3    1.  a.  The taxes imposed under this division, less the
  1  4 credits allowed under section 422.12, shall be reduced by a
  1  5 regenerative medicine research tax credit.
  1  6    b.  The credit shall be in an amount equal to twenty
  1  7 percent of a taxpayer's charitable contribution to an eligible
  1  8 research institution located in the state.  For purposes of
  1  9 this section, "eligible research institution" means a
  1 10 nonprofit organization exempt from federal income taxation
  1 11 under section 501(c)(3) of the Internal Revenue Code that is
  1 12 engaged in research designed to improve patient care through
  1 13 the development and dissemination of novel clinical therapies
  1 14 for the functional repair and replacement of diseased tissues
  1 15 and organs.
  1 16    c.  An individual may claim a tax credit under this
  1 17 subsection of a partnership, limited liability company, S
  1 18 corporation, estate, or trust electing to have income taxed
  1 19 directly to the individual.  The amount claimed by the
  1 20 individual shall be based upon the pro rata share of the
  1 21 individual's earnings from the partnership, limited liability
  1 22 company, S corporation, estate, or trust.
  1 23    d.  Any tax credit in excess of the taxpayer's tax
  1 24 liability for the tax year is not refundable, but the taxpayer
  1 25 may elect to have the excess credited to the tax liability for
  1 26 the following four tax years or until depleted, whichever is
  1 27 earlier.
  1 28    2.  a.  To claim a tax credit under this section, the
  1 29 taxpayer shall apply to the department for a tax credit
  1 30 certificate.  After verifying the eligibility of a taxpayer
  1 31 for a tax credit pursuant to this section, the department
  1 32 shall issue a tax credit certificate to be attached to the
  1 33 taxpayer's tax return.  The tax credit certificate shall be
  1 34 issued based upon the date of the application and shall
  1 35 contain the taxpayer's name, address, tax identification
  2  1 number, the amount of the credit, the certificate expiration
  2  2 date, and any other information required by the department.
  2  3    b.  To claim a tax credit under this section, a taxpayer
  2  4 must attach one or more tax credit certificates to the
  2  5 taxpayer's tax return.  The tax credit certificate or
  2  6 certificates attached to the taxpayer's tax return shall be
  2  7 issued in the taxpayer's name, and the expiration date on the
  2  8 certificate shall be a date that falls on or after the last
  2  9 day of the taxable year for which the taxpayer is claiming the
  2 10 tax credit.
  2 11    c.  The tax credit certificate, unless otherwise void,
  2 12 shall be accepted by the department as payment toward the tax
  2 13 liability of the taxpayer, subject to any conditions or
  2 14 restrictions placed by the department upon the face of the tax
  2 15 credit certificate and subject to the limitations of this
  2 16 section.
  2 17    d.  Tax credit certificates issued under this section are
  2 18 not transferable to any person or entity.
  2 19    3.  A taxpayer taking a deduction in the computation of
  2 20 state taxable income for a charitable contribution to an
  2 21 eligible research institution for regenerative medicine
  2 22 research shall not claim a tax credit pursuant to this
  2 23 section.
  2 24    4.  The maximum amount of tax credits issued in a fiscal
  2 25 year pursuant to this section, section 422.33, subsection 27,
  2 26 section 422.60, subsection 15, section 432.12M, and section
  2 27 533.329, subsection 2, paragraph "n", shall not exceed ten
  2 28 million dollars.
  2 29    Sec. 2.  Section 422.33, Code 2009, is amended by adding
  2 30 the following new subsection:
  2 31    NEW SUBSECTION.  27.  The taxes imposed under this division
  2 32 shall be reduced by a regenerative medicine research tax
  2 33 credit in the same manner, for the same amount, and under the
  2 34 same conditions as provided in section 422.11X.
  2 35    Sec. 3.  Section 422.60, Code 2009, is amended by adding
  3  1 the following new subsection:
  3  2    NEW SUBSECTION.  15.  The taxes imposed under this division
  3  3 shall be reduced by a regenerative medicine research tax
  3  4 credit in the same manner, for the same amount, and under the
  3  5 same conditions as provided in section 422.11X.
  3  6    Sec. 4.  NEW SECTION.  432.12M  REGENERATIVE MEDICINE
  3  7 RESEARCH TAX CREDIT.
  3  8    The taxes imposed under this chapter shall be reduced by a
  3  9 regenerative medicine research tax credit in the same manner,
  3 10 for the same amount, and under the same conditions as provided
  3 11 in section 422.11X.
  3 12    Sec. 5.  Section 533.329, subsection 2, Code 2009, is
  3 13 amended by adding the following new paragraph:
  3 14    NEW PARAGRAPH.  n.  The moneys and credits tax imposed
  3 15 under this section shall be reduced by a regenerative medicine
  3 16 research tax credit in the same manner, for the same amount,
  3 17 and under the same conditions as provided in section 422.11X.
  3 18    Sec. 6.  RETROACTIVE APPLICABILITY.  This Act applies
  3 19 retroactively to January 1, 2009, for tax years beginning on
  3 20 or after that date.
  3 21                           EXPLANATION
  3 22    This bill provides a credit against the individual or
  3 23 corporate income tax, the franchise tax, the insurance
  3 24 premiums tax, and the moneys and credits tax for 20 percent of
  3 25 a taxpayer's contribution to a regenerative medicine research
  3 26 institution located in the state.  Generally, such
  3 27 contributions are tax deductible under current federal and
  3 28 state law, and taking a deduction for the contribution
  3 29 precludes the taxpayer from claiming the credit.
  3 30    The tax credit is not refundable but, at the taxpayer's
  3 31 election, may be credited to the taxpayer's tax liability for
  3 32 up to four subsequent tax years or until depletion, whichever
  3 33 is earlier.  The tax credits are not transferable.  The
  3 34 maximum amount of tax credits is limited to $10 million in any
  3 35 one fiscal year.  The department of revenue approves the tax
  4  1 credits and issues the tax credit certificates to taxpayers.
  4  2    The bill takes effect upon enactment and applies
  4  3 retroactively to January 1, 2009, for tax years beginning on
  4  4 or after that date.
  4  5 LSB 2515HH 83
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