Senate File 79 - Introduced





                                       SENATE FILE       
                                       BY  KIBBIE


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

                                      A BILL FOR

  1 An Act modifying wind energy production tax credit eligibility
  2    requirements, providing for a refund of sales and use taxes,
  3    and including effective and retroactive applicability date
  4    provisions.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 1671SS 83
  7 rn/mg:sc/8

PAG LIN



  1  1    Section 1.  Section 476B.4, Code 2009, is amended to read
  1  2 as follows:
  1  3    476B.4  LIMITATIONS LIMITATION.
  1  4    1.  The wind energy production tax credit shall not be
  1  5 allowed for any kilowatt=hour of electricity produced on wind
  1  6 energy conversion property for which the owner has claimed or
  1  7 otherwise received for that property the benefit of special
  1  8 valuation under section 427B.26 or section 441.21, subsection
  1  9 8, or the exemption from retail sales tax under section
  1 10 422.45, subsection 48, Code Supplement 2003, or section 423.3,
  1 11 subsection 54, as applicable.
  1 12    2.  The wind energy production tax credit shall not be
  1 13 allowed for any kilowatt=hour of electricity that is sold to a
  1 14 related person.  For purpose of this subsection, persons shall
  1 15 be treated as related to each other if such persons would be
  1 16 treated as a single employer under the regulations prescribed
  1 17 under section 52(b) of the Internal Revenue Code.  In the case
  1 18 of a corporation that is a member of an affiliated group of
  1 19 corporations filing a consolidated return, such corporation
  1 20 shall be treated as selling electricity to an unrelated person
  1 21 if such electricity is sold to such a person by another member
  1 22 of such group.
  1 23    Sec. 2.  Section 476B.6, subsection 1, paragraph b, Code
  1 24 2009, is amended to read as follows:
  1 25    b.  Upon approval of the application, the owner may apply
  1 26 for the tax credit as provided in subsection 2.  In addition,
  1 27 approval of the application is acceptance by the applicant for
  1 28 the assessment of the qualified facility for property tax
  1 29 purposes for a period of twelve years and approval by the
  1 30 board of supervisors for the payment of the property taxes
  1 31 levied on the qualified property to the state.  For purposes
  1 32 of property taxation, An owner may apply for special valuation
  1 33 of the qualified facility under a city ordinance or county
  1 34 ordinance enacted under section 427B.26 for which the property
  1 35 is eligible.  If the qualified facility is not eligible for
  2  1 special valuation under a city ordinance or county ordinance,
  2  2 the qualified facility shall be centrally assessed, and the
  2  3 property tax collected shall be remitted to the state for a
  2  4 period of twelve years.  A qualified facility shall be exempt
  2  5 from any replacement tax under section 437A.6 for the period
  2  6 during which the facility is subject to property taxation.
  2  7 The property taxes to be paid to the state are those property
  2  8 taxes which make up the consolidated tax levied on the
  2  9 qualified facility and which are due and payable in the
  2 10 twelve=year period beginning with the first fiscal year
  2 11 beginning on or after the end of the owner's first taxable
  2 12 year for which the credit is applied for.  Upon approval of
  2 13 the application, the The board of supervisors shall notify the
  2 14 county treasurer to state designate on the tax statement which
  2 15 lists the taxes on the qualified facility that the amount of
  2 16 the property taxes shall to be paid to the department, if
  2 17 applicable.  Payment of the designated property taxes to the
  2 18 department shall be in the same manner as required for the
  2 19 payment of regular property taxes and failure to pay
  2 20 designated property taxes to the department shall be treated
  2 21 the same as failure to pay property taxes to the county
  2 22 treasurer.
  2 23    Sec. 3.  REFUNDS.  Refunds of taxes, interest, or penalties
  2 24 which may arise from claims resulting from the amendment of
  2 25 section 476B.4 in this Act, for the exemption of sales of wind
  2 26 energy conversion property as provided in section 423.3,
  2 27 subsection 54 occurring between January 1, 2009, and the
  2 28 effective date of this Act, shall be limited to twenty=five
  2 29 thousand dollars in the aggregate and shall not be allowed
  2 30 unless refund claims are filed prior to October 1, 2009,
  2 31 notwithstanding any other provision of law.  If the amount of
  2 32 claims totals more than twenty=five thousand dollars in the
  2 33 aggregate, the department of revenue shall prorate the
  2 34 twenty=five thousand dollars among all claimants in relation
  2 35 to the amounts of the claimants' valid claims.  Claimants
  3  1 shall not be entitled to interest on any refunds.
  3  2    Sec. 4.  EFFECTIVE AND APPLICABILITY DATES.  This Act,
  3  3 being deemed of immediate importance, takes effect upon
  3  4 enactment and applies retroactively to January 1, 2009, for
  3  5 tax years beginning on or after that date.
  3  6                           EXPLANATION
  3  7    This bill modifies eligibility requirements applicable to
  3  8 the wind energy production tax credit established in Code
  3  9 chapter 476B.
  3 10    The bill deletes a provision which had prevented
  3 11 eligibility for the wind energy production tax credit for any
  3 12 kilowatt=hour of electricity produced on wind energy
  3 13 conversion property for which the owner had claimed or
  3 14 received specified special property tax valuation or sales tax
  3 15 exemptions; thus preserving credit availability for owners
  3 16 having received special valuation or having claimed the sales
  3 17 tax exemptions.  Because of the retroactivity of the
  3 18 elimination of the restriction of the receipt of the tax
  3 19 credit to those who have not received the sales tax exemption,
  3 20 a provision for refund of sales tax paid is included in the
  3 21 bill.
  3 22    The bill takes effect upon enactment and applies
  3 23 retroactively to January 1, 2009, for tax years beginning on
  3 24 or after that date.
  3 25 LSB 1671SS 83
  3 26 rn/mg:sc/8