Senate Study Bill 1176 



                                      SENATE/HOUSE FILE       
                                      BY  (PROPOSED DEPARTMENT OF
                                           ECONOMIC DEVELOPMENT BILL)


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

                                      A BILL FOR

  1 An Act relating to the eligibility for tax credits and income
  2    reductions for qualified expenditures under the film,
  3    television, and video project promotion program and providing
  4    effective and retroactive applicability date provisions.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 15.393, subsection 2, paragraph a,
  1  2 subparagraph (2), Code 2009, is amended to read as follows:
  1  3    (2)  A qualified expenditure by a taxpayer is a payment to
  1  4 an Iowa resident or an Iowa=based business for the sale,
  1  5 rental, or furnishing of tangible personal property or for
  1  6 services directly related to the registered project including
  1  7 but not limited to aircraft, vehicles, equipment, materials,
  1  8 supplies, accounting, animals and animal care, artistic and
  1  9 design services, graphics, construction, data and information
  1 10 services, delivery and pickup services, labor and personnel,
  1 11 lighting, makeup and hairdressing, film, music, photography,
  1 12 sound, video and related services, printing, research, site
  1 13 fees and rental, travel related to Iowa distant locations,
  1 14 trash removal and cleanup, and wardrobe.  For the purposes of
  1 15 this subparagraph, "labor and personnel" does not include the
  1 16 director, producers, or cast members other than extras and
  1 17 stand=ins.
  1 18    (i)  For purposes of this subparagraph, "labor and
  1 19 personnel" includes compensation paid, in an amount not to
  1 20 exceed one million dollars each, to the principal producer,
  1 21 the principal director, and the principal cast members,
  1 22 provided that the principal producer, director, or cast member
  1 23 is an Iowa resident or an Iowa=based business.
  1 24    (ii)  The department of revenue, in consultation with the
  1 25 department of economic development, shall by rule establish a
  1 26 list of eligible expenditures.
  1 27    Sec. 2.  Section 15.393, subsection 2, paragraph c, Code
  1 28 2009, is amended to read as follows:
  1 29    c.  For tax years beginning on or after January 1, 2007,
  1 30 the tax year in which a qualified expenditure occurred, and
  1 31 for the ensuing three tax years, a taxpayer may claim a
  1 32 reduction in adjusted gross income not to exceed in a tax year
  1 33 twenty=five percent of the amount of the qualified expenditure
  1 34 for purposes of taxes imposed in chapter 422, divisions II and
  1 35 III, for payments received from the sale, rental, or
  2  1 furnishing of tangible personal property or services directly
  2  2 related to the production of a project registered under this
  2  3 section which meets the criteria of a qualified expenditure
  2  4 under paragraph "a", subparagraph (2).
  2  5    Sec. 3.  EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.
  2  6    1.  The section of this Act amending section 15.393,
  2  7 subsection 2, paragraph "a", applies retroactively to January
  2  8 1, 2008, for tax years beginning on or after that date.
  2  9    2.  The section of this Act amending section 15.393,
  2 10 subsection 2, paragraph "c", applies retroactively to
  2 11 qualified expenditures made in tax years beginning on or after
  2 12 January 1, 2008.
  2 13    3.  This Act, being deemed of immediate importance, takes
  2 14 effect upon enactment.
  2 15                           EXPLANATION
  2 16    This bill relates to the eligibility for tax credits for
  2 17 qualified expenditures and deduction from income received from
  2 18 certain qualified expenditures under the film, television, and
  2 19 video project promotion program.
  2 20    The program currently does not allow salary expenditures
  2 21 for directors, producers, and principal cast members to be
  2 22 counted as qualified expenditures under the program.  The bill
  2 23 allows up to $1 million in compensation for each of these
  2 24 persons to be counted toward a taxpayer's qualified
  2 25 expenditures if the person is an Iowa resident or Iowa=based
  2 26 business.
  2 27    The program also currently allows vendors to take a
  2 28 reduction in adjusted gross income for qualified expenditures
  2 29 in the same year as the expenses are incurred.  The bill makes
  2 30 the credit available for the tax year in which the
  2 31 expenditures were incurred and for three ensuing tax years.
  2 32    The bill provides effective and retroactive applicability
  2 33 date provisions.
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