House File 718 - Introduced



                                       HOUSE FILE       
                                       BY  HELLAND


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

                                      A BILL FOR

  1 An Act providing for a telework tax credit and including a
  2    retroactive applicability date provision.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2179YH 83
  5 tw/mg:sc/14

PAG LIN



  1  1    Section 1.  NEW SECTION.  422.11X  TELEWORK TAX CREDIT.
  1  2    1.  a.  The taxes imposed under this division, less the
  1  3 credits allowed under section 422.12, shall be reduced by a
  1  4 telework tax credit for a portion of the costs incurred by an
  1  5 employer in the development and operation of a program that
  1  6 allows employees to work from home using communications
  1  7 technology instead of physically commuting to the workplace.
  1  8    b.  The amount of the tax credit shall be calculated by
  1  9 adding together all of the following:
  1 10    (1)  Not more than ten thousand dollars for costs
  1 11 associated with the initial creation of the program.  These
  1 12 costs may include the purchase of computer equipment, computer
  1 13 software licenses, and the costs related to the planning,
  1 14 consulting, and training required to develop the program.
  1 15    (2)  Six hundred dollars for each full=time employee who
  1 16 works from home for at least twenty percent of that employee's
  1 17 working days in the employer's tax year.
  1 18    c.  Not more than one million dollars of tax credits shall
  1 19 be issued pursuant to this section, section 422.33, subsection
  1 20 27, section 422.60, subsection 15, section 432.11M, and
  1 21 section 533.329, subsection 2, paragraph "n".
  1 22    2.  An individual may claim a tax credit under this section
  1 23 of a partnership, limited liability company, S corporation,
  1 24 estate, or trust electing to have income taxed directly to the
  1 25 individual.  The amount claimed by the individual shall be
  1 26 based upon the pro rata share of the individual's earnings
  1 27 from the partnership, limited liability company, S
  1 28 corporation, estate, or trust.
  1 29    3.  Any tax credit in excess of the taxpayer's liability
  1 30 for the tax year is not refundable, but the taxpayer may elect
  1 31 to have the excess credited to the tax liability for the
  1 32 following two years or until depleted, whichever is earlier.
  1 33 A tax credit shall not be carried back to a tax year prior to
  1 34 the tax year in which the taxpayer first receives the tax
  1 35 credit.
  2  1    4.  a.  A taxpayer seeking to claim a tax credit pursuant
  2  2 to this section shall apply to the department of revenue which
  2  3 shall have the authority to approve the amount of the tax
  2  4 credit and issue a tax credit certificate.
  2  5    b.  In applying for the certificate, the taxpayer shall
  2  6 include information documenting the costs incurred and the
  2  7 number of employees availing themselves of the program, as
  2  8 described in subsection 1, paragraph "b".
  2  9    c.  A taxpayer shall apply for a tax credit certificate on
  2 10 or before October 31, 2010.
  2 11    d.  After verifying the eligibility of a taxpayer for a tax
  2 12 credit pursuant to this section, the department shall issue a
  2 13 tax credit certificate to be attached to the taxpayer's tax
  2 14 return.  The tax credit certificate shall contain the
  2 15 taxpayer's name, address, tax identification number, the
  2 16 amount of the credit, and any other information required by
  2 17 the department of revenue.
  2 18    5.  a.  To claim a tax credit under this section, a
  2 19 taxpayer must attach one or more tax credit certificates to
  2 20 the taxpayer's tax return.  A tax credit certificate attached
  2 21 to the taxpayer's tax return shall be issued in the taxpayer's
  2 22 name and expire on or after the last day of the taxable year
  2 23 for which the taxpayer is claiming the tax credit.
  2 24    b.  The tax credit certificate, unless otherwise void,
  2 25 shall be accepted as payment for taxes imposed pursuant to
  2 26 chapter 422, divisions II, III, and V, and chapter 432, and
  2 27 for the moneys and credits tax imposed pursuant to section
  2 28 533.329, subject to any conditions or restrictions placed by
  2 29 the department upon the face of the tax credit certificate and
  2 30 subject to the limitations of this section.
  2 31    c.  Tax credit certificates issued under this section are
  2 32 not transferable to any person or entity.
  2 33    6.  This section is repealed on June 30, 2011.
  2 34    Sec. 2.  Section 422.33, Code 2009, is amended by adding
  2 35 the following new subsection:
  3  1    NEW SUBSECTION.  27.  The taxes imposed under this division
  3  2 shall be reduced by a telework tax credit in the same manner,
  3  3 for the same amount, and under the same conditions as provided
  3  4 in section 422.11X.
  3  5    Sec. 3.  Section 422.60, Code 2009, is amended by adding
  3  6 the following new subsection:
  3  7    NEW SUBSECTION.  15.  The taxes imposed under this division
  3  8 shall be reduced by a telework tax credit in the same manner,
  3  9 for the same amount, and under the same conditions as provided
  3 10 in section 422.11X.
  3 11    Sec. 4.  NEW SECTION.  432.12M  TELEWORK TAX CREDIT.
  3 12    The taxes imposed under this chapter shall be reduced by a
  3 13 telework tax credit in the same manner, for the same amount,
  3 14 and under the same conditions as provided in section 422.11X.
  3 15    Sec. 5.  Section 533.329, subsection 2, Code 2009, is
  3 16 amended by adding the following new paragraph:
  3 17    NEW PARAGRAPH.  n.  The moneys and credits tax imposed
  3 18 under this section shall be reduced by a telework tax credit
  3 19 in the same manner, for the same amount, and under the same
  3 20 conditions as provided in section 422.11X.
  3 21    Sec. 6.  RETROACTIVE APPLICABILITY DATE.  This Act applies
  3 22 retroactively to January 1, 2009, for tax years beginning on
  3 23 or after that date.
  3 24                           EXPLANATION
  3 25    This bill provides a tax credit to employers who develop
  3 26 programs allowing their employees to work from home rather
  3 27 than physically commuting to the workplace.  The amount of the
  3 28 credit is equal to the costs incurred by the employer to
  3 29 establish the program, not to exceed $10,000, plus $600 per
  3 30 employee participating.  The tax credit is available against
  3 31 the individual and corporate income taxes, the franchise tax,
  3 32 the insurance companies tax, and the moneys and credits tax.
  3 33    The total amount of credits that may be issued is limited
  3 34 to $1 million.
  3 35    Taxpayers seeking to claim the credit must apply to the
  4  1 department of revenue by October 31, 2010, for a tax credit
  4  2 certificate and attach the certificate to their tax return.
  4  3 The tax credit is not refundable or transferable and expires
  4  4 June 30, 2011.
  4  5    The bill applies retroactively to January 1, 2009, for tax
  4  6 years beginning on or after that date.
  4  7 LSB 2179YH 83
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