House File 742 - Introduced



                                       HOUSE FILE       
                                       BY  HELLAND


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

                                      A BILL FOR

  1 An Act relating to state taxation and regulation by coupling with
  2    certain bonus depreciation provisions in the Internal Revenue
  3    Code, increasing the amount of certain casualty loss
  4    deductions, providing for a disaster recovery wages tax
  5    credit, providing a sales tax exemption, and providing for
  6    certain gubernatorial powers and including effective and
  7    retroactive applicability date provisions.
  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  9 TLSB 2068YH 83
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PAG LIN



  1  1                           DIVISION I
  1  2                       BONUS DEPRECIATION
  1  3    Section 1.  Section 422.7, Code 2009, is amended by adding
  1  4 the following new subsection:
  1  5    NEW SUBSECTION.  54.  A taxpayer is allowed to take the
  1  6 additional first=year depreciation allowance under section
  1  7 168(k)(4) of the Internal Revenue Code, as amended by Pub. L.
  1  8 No. 110=185, in computing net income for state tax purposes.
  1  9    Sec. 2.  Section 422.35, Code 2009, is amended by adding
  1 10 the following new subsection:
  1 11    NEW SUBSECTION.  25.  A taxpayer is allowed to take the
  1 12 additional first=year depreciation allowance under section
  1 13 168(k)(4) of the Internal Revenue Code, as amended by Pub. L.
  1 14 No. 110=185, in computing net income for state tax purposes.
  1 15    Sec. 3.  EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.
  1 16 This division of this Act, being deemed of immediate
  1 17 importance, takes effect upon enactment and applies
  1 18 retroactively to January 1, 2008, for tax years beginning on
  1 19 or after that date.
  1 20                           DIVISION II
  1 21                    CASUALTY LOSS DEDUCTIONS
  1 22    Sec. 4.  Section 422.7, Code 2009, is amended by adding the
  1 23 following new subsection:
  1 24    NEW SUBSECTION.  18.  Notwithstanding certain limitations
  1 25 on the deduction of personal casualty losses in section 165(h)
  1 26 of the Internal Revenue Code, a taxpayer may subtract the full
  1 27 amount of a personal casualty loss to the extent the loss
  1 28 exceeds personal casualty gains for the taxable year.
  1 29    Sec. 5.  EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.
  1 30 This division of this Act, being deemed of immediate
  1 31 importance, takes effect upon enactment and applies
  1 32 retroactively to January 1, 2008, for tax years beginning on
  1 33 or after that date.
  1 34                          DIVISION III
  1 35               DISASTER RECOVERY WAGES TAX CREDIT
  2  1    Sec. 6.  NEW SECTION.  422.11X  DISASTER RECOVERY WAGES TAX
  2  2 CREDIT.
  2  3    1.  The taxes imposed under this division, less the credits
  2  4 allowed under section 422.12, shall be reduced by a disaster
  2  5 recovery wages tax credit for the amount of wages paid to
  2  6 employees by an employer in certain areas affected by natural
  2  7 disasters during calendar year 2008.
  2  8    2.  To be eligible for the tax credit, an employer shall be
  2  9 located in a county declared a disaster area during calendar
  2 10 year 2008 by the governor or by a federal official and shall
  2 11 have sustained physical damage as a result of a natural
  2 12 disaster occurring in calendar year 2008.
  2 13    3.  An individual may claim a tax credit under this section
  2 14 of a partnership, limited liability company, S corporation,
  2 15 estate, or trust electing to have income taxed directly to the
  2 16 individual.  The amount claimed by the individual shall be
  2 17 based upon the pro rata share of the individual's earnings
  2 18 from the partnership, limited liability company, S
  2 19 corporation, estate, or trust.
  2 20    4.  Any tax credit in excess of the taxpayer's liability
  2 21 for the tax year is not refundable, but the taxpayer may elect
  2 22 to have the excess credited to the tax liability for the
  2 23 following two years or until depleted, whichever is earlier.
  2 24 A tax credit shall not be carried back to a tax year prior to
  2 25 the tax year in which the taxpayer first receives the tax
  2 26 credit.
  2 27    5.  A taxpayer eligible for the tax credit shall include
  2 28 with the taxpayer's return an affidavit verifying that the
  2 29 taxpayer sustained physical damage as a result of a natural
  2 30 disaster occurring during calendar year 2008 and shall include
  2 31 information establishing the total amount of wages paid to
  2 32 employees during the taxable year.
  2 33    6.  A taxpayer taking a deduction for wages paid to
  2 34 employees in a taxable year cannot claim a tax credit under
  2 35 this section.
  3  1    7.  This section is repealed June 30, 2011.  This repeal
  3  2 does not affect the ability to carry forward tax credits
  3  3 pursuant to subsection 4.
  3  4    Sec. 7.  Section 422.33, Code 2009, is amended by adding
  3  5 the following new subsection:
  3  6    NEW SUBSECTION.  27.  The taxes imposed under this division
  3  7 shall be reduced by a disaster recovery wages tax credit in
  3  8 the same manner, for the same amount, and under the same
  3  9 conditions as provided in section 422.11X.
  3 10    Sec. 8.  Section 422.60, Code 2009, is amended by adding
  3 11 the following new subsection:
  3 12    NEW SUBSECTION.  15.  The taxes imposed under this division
  3 13 shall be reduced by a disaster recovery wages tax credit in
  3 14 the same manner, for the same amount, and under the same
  3 15 conditions as provided in section 422.11X.
  3 16    Sec. 9.  NEW SECTION.  432.12M  DISASTER RECOVERY WAGES TAX
  3 17 CREDIT.
  3 18    The taxes imposed under this chapter shall be reduced by a
  3 19 disaster recovery wages tax credit in the same manner, for the
  3 20 same amount, and under the same conditions as provided in
  3 21 section 422.11X.
  3 22    Sec. 10.  Section 533.329, subsection 2, Code 2009, is
  3 23 amended by adding the following new paragraph:
  3 24    NEW PARAGRAPH.  n.  The moneys and credits tax imposed
  3 25 under this section shall be reduced by a disaster recovery
  3 26 wages tax credit in the same manner, for the same amount, and
  3 27 under the same conditions as provided in section 422.11X.
  3 28    Sec. 11.  EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.
  3 29 This division of this Act, being deemed of immediate
  3 30 importance, takes effect upon enactment and applies
  3 31 retroactively to January 1, 2008, for tax years beginning on
  3 32 or after that date.
  3 33                           DIVISION IV
  3 34                            SALES TAX
  3 35    Sec. 12.  Section 423.3, Code 2009, is amended by adding
  4  1 the following new subsection:
  4  2    NEW SUBSECTION.  95.  The sales price of equipment used in
  4  3 disaster recovery efforts following a disaster emergency
  4  4 proclamation by the governor pursuant to section 29C.6 if the
  4  5 equipment is purchased following the proclamation.
  4  6                           DIVISION V
  4  7                  GUBERNATORIAL DISASTER POWERS
  4  8    Sec. 13.  Section 29C.6, subsection 6, Code 2009, is
  4  9 amended to read as follows:
  4 10    6.  a.  Suspend the provisions of any regulatory statute
  4 11 prescribing the procedures for conduct of state business, or
  4 12 the orders or rules, of any state agency, if strict compliance
  4 13 with the provisions of any statute, order, or rule would in
  4 14 any way prevent, hinder, or delay necessary action in coping
  4 15 with the emergency by stating in a proclamation such reasons.
  4 16 Upon the request of a local governing body, the governor may
  4 17 also suspend statutes limiting local governments in their
  4 18 ability to provide services to aid disaster victims.
  4 19    b.  When a disaster emergency has been proclaimed pursuant
  4 20 to subsection 1, suspend all inspections conducted by all
  4 21 state agencies.  The governor shall identify in a proclamation
  4 22 the inspections to be suspended and the suspension time
  4 23 period.
  4 24    c.  When a disaster emergency has been proclaimed pursuant
  4 25 to subsection 1, limit regulatory action that may be exercised
  4 26 by the department of workforce development and the department
  4 27 of natural resources.  Under such limits, the departments
  4 28 shall only issue warnings for violations of applicable laws
  4 29 and rules if the violations are willful, repeated, or highly
  4 30 egregious violations.  The governor shall identify in a
  4 31 proclamation the time period during which the provisions of
  4 32 this paragraph shall apply.
  4 33                           EXPLANATION
  4 34    This bill makes certain changes to the tax laws and other
  4 35 related changes to assist in the recovery from natural
  5  1 disasters occurring in calendar year 2008.
  5  2    DIVISION I.  This division allows taxpayers to avail
  5  3 themselves of the additional first=year depreciation in
  5  4 section 168(k)(4) of the Internal Revenue Code passed by
  5  5 Congress as part of the Economic Stimulus Act of 2008 (Pub. L.
  5  6 No. 110=185).
  5  7    This division of the bill takes effect upon enactment and
  5  8 applies retroactively to January 1, 2008, for tax years
  5  9 beginning on or after that date.
  5 10    DIVISION II.  This division provides that, notwithstanding
  5 11 certain limitations on the deduction of personal casualty
  5 12 losses in Internal Revenue Code section 165(h), a taxpayer may
  5 13 subtract the full amount of a personal casualty loss to the
  5 14 extent the loss exceeds personal casualty gains for the
  5 15 taxable year.
  5 16    This division of the bill takes effect upon enactment and
  5 17 applies retroactively to January 1, 2008, for tax years
  5 18 beginning on or after that date.
  5 19    DIVISION III.  This division provides a tax credit to
  5 20 employers in disaster affected areas who have sustained
  5 21 physical damage as a result of the natural disasters of 2008.
  5 22 The credit is available in an amount equal to the wages paid
  5 23 to employees.  Taxpayers taking a deduction for wages paid to
  5 24 employees cannot also claim the tax credit.  The tax credit is
  5 25 not refundable and expires June 30, 2011.
  5 26    This division of the bill takes effect upon enactment and
  5 27 applies retroactively to January 1, 2008, for tax years
  5 28 beginning on or after that date.
  5 29    DIVISION IV.  This division creates a sales tax exemption
  5 30 for the purchase of equipment used in disaster recovery
  5 31 efforts following a disaster emergency proclamation by the
  5 32 governor if the equipment is purchased following the
  5 33 proclamation.
  5 34    DIVISION V.  This division provides that when the governor
  5 35 makes a disaster emergency proclamation, the governor may
  6  1 temporarily suspend all inspections conducted by all state
  6  2 agencies.  The governor shall identify the inspections to be
  6  3 suspended and the suspension time period in a proclamation.
  6  4    The division provides that when the governor makes a
  6  5 disaster emergency proclamation, the governor may temporarily
  6  6 limit regulatory action that may be exercised by the
  6  7 department of workforce development and the department of
  6  8 natural resources.  Under such limits, the departments shall
  6  9 only issue warnings for violations of applicable laws and
  6 10 rules unless the violations are willful, repeated, or highly
  6 11 egregious violations.  The division requires the governor to
  6 12 identify in a proclamation the time period during which the
  6 13 limits will apply.
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