Senate File 223 - Introduced





                                       SENATE FILE       
                                       BY  DANIELSON


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

                                      A BILL FOR

  1 An Act providing an income tax credit for certain contributions
  2    to postsecondary education institutions and including a
  3    retroactive applicability date provision.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1824SS 83
  6 tw/mg:sc/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  422.11X  POSTSECONDARY EDUCATION
  1  2 INSTITUTION DEFERRED MAINTENANCE 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 postsecondary education institution deferred maintenance tax
  1  6 credit.
  1  7    b.  The credit shall be in an amount equal to fifty percent
  1  8 of a taxpayer's contribution to deferred maintenance projects
  1  9 at a two=year or four=year college or university located in
  1 10 the state.
  1 11    c.  For purposes of this section, "deferred maintenance
  1 12 project" means the maintenance, repair, reconstruction,
  1 13 remodeling, or rehabilitation of a building, structure, or
  1 14 facility located on the campus of a two=year or four=year
  1 15 college or university located in the state, the progress or
  1 16 completion of which has been deferred or delayed.  "Deferred
  1 17 maintenance project" includes any improvements to a building,
  1 18 structure, or facility that are necessary to comply with the
  1 19 requirements of the federal Americans With Disabilities Act or
  1 20 other federal or state law.
  1 21    d.  An individual may claim a tax credit under this
  1 22 subsection of a partnership, limited liability company, S
  1 23 corporation, estate, or trust electing to have income taxed
  1 24 directly to the individual.  The amount claimed by the
  1 25 individual shall be based upon the pro rata share of the
  1 26 individual's earnings from the partnership, limited liability
  1 27 company, S corporation, estate, or trust.
  1 28    e.  Any tax credit in excess of the taxpayer's tax
  1 29 liability for the tax year is refundable, but the taxpayer may
  1 30 elect to have the excess credited to the tax liability for the
  1 31 following four tax years or until depleted, whichever is
  1 32 earlier.
  1 33    2.  a.  To claim a tax credit under this section, the
  1 34 taxpayer shall apply to the department for a tax credit
  1 35 certificate.  After verifying the eligibility of a taxpayer
  2  1 for a tax credit pursuant to this section, the department
  2  2 shall issue a tax credit certificate to be attached to the
  2  3 taxpayer's tax return.  The tax credit certificate shall be
  2  4 issued based upon the date of the application and shall
  2  5 contain the taxpayer's name, address, tax identification
  2  6 number, the amount of the credit, and any other information
  2  7 required by the department.
  2  8    b.  To claim a tax credit under this section, a taxpayer
  2  9 must attach one or more tax credit certificates to the
  2 10 taxpayer's tax return.  The tax credit certificate or
  2 11 certificates attached to the taxpayer's tax return shall be
  2 12 issued in the taxpayer's name, and the expiration date on the
  2 13 certificate shall be a date that falls on or after the last
  2 14 day of the taxable year for which the taxpayer is claiming the
  2 15 tax credit.
  2 16    c.  The tax credit certificate, unless otherwise void,
  2 17 shall be accepted by the department as payment toward the tax
  2 18 liability of the taxpayer, subject to any conditions or
  2 19 restrictions placed by the department upon the face of the tax
  2 20 credit certificate and subject to the limitations of this
  2 21 section.
  2 22    d.  Tax credit certificates issued under this section are
  2 23 not transferable to any person or entity.
  2 24    3.  The maximum amount of tax credits issued in a fiscal
  2 25 year pursuant to this section shall not exceed ten million
  2 26 dollars.
  2 27    4.  This section is repealed January 1, 2014.
  2 28    Sec. 2.  Section 422.33, Code 2009, is amended by adding
  2 29 the following new subsection:
  2 30    NEW SUBSECTION.  27.  The taxes imposed under this division
  2 31 shall be reduced by a postsecondary education institution
  2 32 deferred maintenance tax credit in the same manner, for the
  2 33 same amount, and under the same conditions as provided in
  2 34 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 postsecondary education institution
  3  4 deferred maintenance tax credit in the same manner, for the
  3  5 same amount, and under the same conditions as provided in
  3  6 section 422.11X.
  3  7    Sec. 4.  NEW SECTION.  432.12M  POSTSECONDARY EDUCATION
  3  8 INSTITUTION DEFERRED MAINTENANCE TAX CREDIT.
  3  9    The taxes imposed under this chapter shall be reduced by a
  3 10 postsecondary education institution deferred maintenance tax
  3 11 credit in the same manner, for the same amount, and under the
  3 12 same conditions as provided in section 422.11X.
  3 13    Sec. 5.  Section 533.329, subsection 2, Code 2009, is
  3 14 amended by adding the following new paragraph:
  3 15    NEW PARAGRAPH.  n.  The moneys and credits tax imposed
  3 16 under this section shall be reduced by a postsecondary
  3 17 education institution deferred maintenance tax credit in the
  3 18 same manner, for the same amount, and under the same
  3 19 conditions as provided in section 422.11X.
  3 20    Sec. 6.  RETROACTIVE APPLICABILITY.  This Act applies
  3 21 retroactively to January 1, 2009, for tax years beginning on
  3 22 or after January 1, 2009, and ending before January 1, 2014.
  3 23                           EXPLANATION
  3 24    This bill provides a credit against the individual or
  3 25 corporate income tax, the franchise tax, and the moneys and
  3 26 credits tax for 50 percent of a taxpayer's contribution to
  3 27 deferred maintenance projects at a two=year or four=year
  3 28 college or university located in the state.  Generally, such
  3 29 contributions are tax deductible under current federal and
  3 30 state law, and claiming the credit does not preclude the donor
  3 31 from taking a deduction for the contribution.
  3 32    The credit is available for tax years beginning on or after
  3 33 January 1, 2009, and ending before January 1, 2014.
  3 34    The tax credit is refundable or, at the taxpayer's
  3 35 election, may be credited until depletion to the taxpayer's
  4  1 tax liability for up to four subsequent tax years.  The tax
  4  2 credits are not transferable.  The maximum amount of tax
  4  3 credits is limited to $10 million in any one fiscal year.  The
  4  4 department of revenue approves the tax credits and issues the
  4  5 tax credit certificates to taxpayers.
  4  6    The bill takes effect upon enactment and applies
  4  7 retroactively to January 1, 2009, for tax years beginning on
  4  8 or after that date and ending before January 1, 2014.
  4  9 LSB 1824SS 83
  4 10 tw/mg:sc/5