House File 688 - Introduced HOUSE FILE 688 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HSB 234) A BILL FOR An Act relating to tax credits for investment in certain 1 qualifying businesses or community-based seed capital funds 2 and including retroactive applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2759HV (2) 84 tw/sc
H.F. 688 Section 1. Section 15.119, subsection 2, Code 2011, is 1 amended to read as follows: 2 2. The department, with the approval of the board, shall 3 adopt by rule a procedure for allocating the aggregate tax 4 credit limit established in this section among the following 5 programs administered by the department : 6 a. The high quality job creation program administered 7 pursuant to sections 15.326 through 15.336 . 8 b. The film, television, and video project promotion program 9 administered pursuant to sections 15.391 through 15.393 . 10 c. The corporate tax research credit under the quality jobs 11 enterprise zone program pursuant to section 15A.9, subsection 12 8 . 13 d. The enterprise zones program administered pursuant to 14 sections 15E.191 through 15E.197 . 15 e. The assistive device tax credit program administered 16 pursuant to section 422.11E and section 422.33, subsection 9 . 17 f. The tax credits for investments in qualifying businesses 18 and community-based seed capital funds issued by the capital 19 investment board pursuant to section 15E.43. In allocating 20 tax credits pursuant to this subsection, the department shall 21 allocate two million dollars for purposes of this paragraph. 22 Sec. 2. Section 15E.43, subsection 4, Code 2011, is amended 23 by striking the subsection and inserting in lieu thereof the 24 following: 25 4. The board shall not issue tax credits under this section 26 in excess of the amount approved by the department for any one 27 fiscal year pursuant to section 15.119. 28 Sec. 3. Section 15E.44, subsection 2, paragraphs d and e, 29 Code 2011, are amended to read as follows: 30 d. The business is not a business engaged primarily in 31 retail sales, real estate, or the provision of health care 32 or other professional services that require a professional 33 license . 34 e. The business shall not have a net worth that exceeds ten 35 -1- LSB 2759HV (2) 84 tw/sc 1/ 2
H.F. 688 five million dollars. 1 Sec. 4. RETROACTIVE APPLICABILITY. This Act applies 2 retroactively to January 1, 2011, for tax years beginning and 3 investments made on or after that date. 4 EXPLANATION 5 This bill makes changes to the administration of the tax 6 credits available for investments in qualifying businesses and 7 community-based seed capital funds. 8 Current law limits the maximum aggregate amount of such tax 9 credits that may be issued to a total of $10 million. The 10 bill eliminates the existing limitation, places the credits 11 under the department of economic development’s annual aggregate 12 tax credit limitation in Code section 15.119, and directs the 13 department to allocate $2 million of that limit for purposes of 14 such credits. 15 The bill also changes the eligibility of certain qualifying 16 businesses. Currently, to be eligible for the tax credits, a 17 business must not be engaged primarily in “other professional 18 services” and must not have a net worth in excess of $10 19 million. The bill requires instead that a business not 20 be engaged primarily in “other services that require a 21 professional license” and reduces the net worth ceiling to $5 22 million. 23 The bill applies retroactively to January 1, 2011, for tax 24 years beginning and investments made on or after that date. 25 -2- LSB 2759HV (2) 84 tw/sc 2/ 2