Senate
File
528
-
Introduced
SENATE
FILE
528
BY
CHELGREN
A
BILL
FOR
An
Act
relating
to
the
state
individual
income
tax
by
imposing
1
a
flat
tax
at
a
single
rate
and
providing
effective
date
and
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
2.48,
subsection
3,
paragraph
e,
1
subparagraph
(4),
Code
2011,
is
amended
to
read
as
follows:
2
(4)
The
minimum
tax
credit
under
sections
422.11B
,
422.33
,
3
and
422.60
.
4
Sec.
2.
Section
12D.9,
subsection
2,
Code
2011,
is
amended
5
by
striking
the
subsection.
6
Sec.
3.
Section
422.4,
subsections
1
and
2,
Code
2011,
are
7
amended
by
striking
the
subsections.
8
Sec.
4.
Section
422.4,
subsection
16,
Code
2011,
is
amended
9
to
read
as
follows:
10
16.
The
words
“taxable
income”
mean
the
net
income
as
11
defined
in
section
422.7
minus
the
deductions
allowed
by
12
section
422.9
,
in
the
case
of
individuals
;
in
.
In
the
case
of
13
estates
or
trusts,
the
words
“taxable
income”
mean
the
taxable
14
income
(without
a
deduction
for
personal
exemption)
as
computed
15
for
federal
income
tax
purposes
under
the
Internal
Revenue
16
Code,
but
with
the
adjustments
specified
in
section
422.7
plus
17
the
Iowa
income
tax
deducted
in
computing
the
federal
taxable
18
income
and
minus
federal
income
taxes
as
provided
in
section
19
422.9
.
20
Sec.
5.
Section
422.5,
subsections
1
and
2,
Code
2011,
21
are
amended
by
striking
the
subsections
and
inserting
in
lieu
22
thereof
the
following:
23
1.
A
tax
is
imposed
upon
every
resident
and
nonresident
of
24
the
state
which
tax
is
levied,
collected,
and
paid
annually
25
upon,
and
with
respect
to
the
taxable
income,
at
the
rate
of
26
six
percent.
27
2.
A
tax
is
imposed
upon
every
estate
and
trust
which
tax
is
28
levied,
collected,
and
paid
annually
upon,
and
with
respect
to
29
the
taxable
income,
at
the
rate
of
six
percent.
30
Sec.
6.
Section
422.5,
subsection
6,
Code
2011,
is
amended
31
by
striking
the
subsection.
32
Sec.
7.
Section
422.7,
Code
2011,
is
amended
by
striking
the
33
section
and
inserting
in
lieu
thereof
the
following:
34
422.7
Computation
of
“net
income”.
35
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1.
In
the
case
of
individuals,
“net
income”
means
the
1
adjusted
gross
income
as
properly
computed
for
federal
2
income
tax
purposes
under
the
Internal
Revenue
Code
with
the
3
adjustments
made
in
this
subsection.
4
a.
The
adjusted
gross
income
is
adjusted
by
adding
the
sum
5
of
the
following:
6
(1)
The
amounts
paid
or
accrued
to
the
taxpayer
as
interest
7
or
dividends
during
the
tax
year
to
the
extent
excluded.
8
(2)
The
amount
of
tax
imposed
under
this
division
to
the
9
extent
deducted
for
the
tax
year.
10
b.
The
adjusted
gross
income
is
adjusted
by
subtracting
the
11
sum
of
the
following:
12
(1)
The
amounts
included
pursuant
to
sections
402(a),
13
402(c),
403(a),
403(b),
406(a),
407(a),
408,
and
409
of
the
14
Internal
Revenue
Code,
or
included
as
distributions
under
any
15
retirement
or
disability
plan
for
employees
of
a
governmental
16
agency
or
unit,
or
retirement
payments
to
retired
partners
that
17
are
excluded
in
computing
net
earnings
from
self-employment
18
by
section
1402
of
the
Internal
Revenue
Code
and
regulations
19
adopted
pursuant
to
that
section.
20
(2)
The
amount
of
tax
imposed
under
this
division
which
was
21
refunded
to
the
extent
included
for
the
tax
year.
22
(3)
The
amount
included
pursuant
to
section
111
of
the
23
Internal
Revenue
Code
as
a
recovery
of
items
previously
24
deducted
from
adjusted
gross
income
in
computing
taxable
25
income.
26
(4)
The
amount
of
social
security
benefits
and
railroad
27
retirement
benefits,
included
pursuant
to
section
72(r)
and
28
section
86
of
the
Internal
Revenue
Code.
29
(5)
The
sum
of
the
amounts
disallowed
as
deductions
by
30
section
171(a)(2)
and
section
265(a)(2)
of
the
Internal
Revenue
31
Code
and
the
amounts
of
expenses
allocable
to
interest
and
32
disallowed
as
deductions
by
section
265(a)(1)
of
the
Internal
33
Revenue
Code.
34
2.
In
the
case
of
estates
and
trusts,
“net
income”
means
35
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the
taxable
income
as
properly
computed
for
federal
income
tax
1
purposes
under
the
Internal
Revenue
Code
with
the
adjustments
2
made
in
this
subsection.
3
a.
The
taxable
income
is
adjusted
by
adding
the
sum
of
the
4
following:
5
(1)
The
amounts
paid
or
accrued
to
the
taxpayer
as
interest
6
or
dividends
during
the
tax
year
to
the
extent
excluded.
7
(2)
The
following
amounts
to
the
extent
deducted
for
the
8
items
designated:
9
(a)
For
an
estate,
six
hundred
dollars.
10
(b)
For
a
trust
required
under
its
governing
instrument
to
11
distribute
all
of
its
income
currently,
three
hundred
dollars.
12
(c)
For
a
trust
other
than
a
trust
described
in
subparagraph
13
division
(b),
one
hundred
dollars.
14
(3)
The
amount
of
tax
imposed
under
this
division
to
the
15
extent
deducted
for
the
tax
year.
16
b.
The
taxable
income
is
adjusted
by
subtracting
the
sum
of
17
the
following:
18
(1)
The
amounts
included
pursuant
to
sections
402(a),
19
402(c),
403(a),
403(b),
406(a),
407(a),
408,
and
409
of
the
20
Internal
Revenue
Code,
or
included
as
distributions
under
any
21
retirement
or
disability
plan
for
employees
of
a
governmental
22
agency
or
unit,
or
retirement
payments
to
retired
partners
that
23
are
excluded
in
computing
net
earnings
from
self-employment
24
by
section
1402
of
the
Internal
Revenue
Code
and
regulations
25
adopted
pursuant
to
that
section.
26
(2)
The
amount
of
tax
imposed
under
this
division
which
was
27
refunded
to
the
extent
included
for
the
tax
year.
28
(3)
The
sum
of
the
amounts
disallowed
as
deductions
by
29
section
171(a)(2)
and
section
265(a)(2)
of
the
Internal
Revenue
30
Code
and
the
amounts
of
expenses
allocable
to
interest
and
31
disallowed
as
deductions
by
section
265(a)(1)
of
the
Internal
32
Revenue
Code.
33
(4)
The
amounts
included
in
taxable
income
as
adjusted
34
pursuant
to
paragraph
“a”
that
are
exempt
from
taxation
by
this
35
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state
either
by
reason
of
its
constitution
or
by
reason
of
the
1
constitution,
treaties,
or
statutes
of
the
United
States.
2
Sec.
8.
Section
422.8,
subsection
2,
paragraph
a,
Code
2011,
3
is
amended
to
read
as
follows:
4
a.
Nonresident’s
net
income
allocated
to
Iowa
is
the
net
5
income,
or
portion
of
net
income,
which
is
derived
from
a
6
business,
trade,
profession,
or
occupation
carried
on
within
7
this
state
or
income
from
any
property,
trust,
estate,
or
8
other
source
within
Iowa.
However,
income
derived
from
a
9
business,
trade,
profession,
or
occupation
carried
on
within
10
this
state
and
income
from
any
property,
trust,
estate,
or
11
other
source
within
Iowa
shall
not
include
distributions
from
12
pensions,
including
defined
benefit
or
defined
contribution
13
plans,
annuities,
individual
retirement
accounts,
and
deferred
14
compensation
plans
or
any
earnings
attributable
thereto
so
long
15
as
the
distribution
is
directly
related
to
an
individual’s
16
documented
retirement
and
received
while
the
individual
is
a
17
nonresident
of
this
state.
If
a
business,
trade,
profession,
18
or
occupation
is
carried
on
partly
within
and
partly
without
19
the
state,
only
the
portion
of
the
net
income
which
is
fairly
20
and
equitably
attributable
to
that
part
of
the
business,
trade,
21
profession,
or
occupation
carried
on
within
the
state
is
22
allocated
to
Iowa
for
purposes
of
section
422.5,
subsection
1
,
23
paragraph
“j”
,
and
section
422.13
and
income
from
any
property,
24
trust,
estate,
or
other
source
partly
within
and
partly
without
25
the
state
is
allocated
to
Iowa
in
the
same
manner,
except
that
26
annuities,
interest
on
bank
deposits
and
interest-bearing
27
obligations,
and
dividends
are
allocated
to
Iowa
only
to
the
28
extent
to
which
they
are
derived
from
a
business,
trade,
29
profession,
or
occupation
carried
on
within
the
state.
30
Sec.
9.
Section
422.8,
subsection
4,
Code
2011,
is
amended
31
by
striking
the
subsection.
32
Sec.
10.
Section
422.9,
subsections
1
and
2,
Code
2011,
33
are
amended
by
striking
the
subsections
and
inserting
in
lieu
34
thereof
the
following:
35
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1.
In
computing
the
taxable
income
of
an
individual,
1
there
is
deducted
from
net
income
the
standard
deduction
as
2
determined
under
subsection
2,
or
in
the
case
of
a
nonresident,
3
there
is
deducted
from
net
income
the
product
of
the
standard
4
deduction
as
determined
under
subsection
2
times
a
fraction
5
of
which
the
nonresident’s
net
income
allocated
to
Iowa,
as
6
determined
in
section
422.8,
subsection
2,
is
the
numerator
and
7
the
nonresident’s
total
net
income
computed
under
section
422.7
8
is
the
denominator.
9
2.
The
standard
deduction
is
equal
to
the
product
of
one
10
thousand
dollars
times
the
number
of
exemptions
allowable
to
11
the
taxpayer
for
the
tax
year
under
section
151
of
the
Internal
12
Revenue
Code.
13
Sec.
11.
Section
422.9,
subsections
4
through
8,
Code
2011,
14
are
amended
by
striking
the
subsections.
15
Sec.
12.
Section
422.13,
subsection
1,
paragraph
c,
Code
16
2011,
is
amended
to
read
as
follows:
17
c.
However,
if
that
part
of
the
net
income
of
a
nonresident
18
which
is
allocated
to
Iowa
pursuant
to
section
422.8,
19
subsection
2
,
is
less
than
one
thousand
dollars
the
nonresident
20
is
not
required
to
make
and
sign
a
return
except
when
the
21
nonresident
is
subject
to
the
state
alternative
minimum
tax
22
imposed
pursuant
to
section
422.5,
subsection
2
.
23
Sec.
13.
Section
422.13,
subsection
2,
Code
2011,
is
amended
24
to
read
as
follows:
25
2.
Notwithstanding
any
other
provision
in
this
section
,
26
a
resident
of
this
state
is
not
required
to
make
and
file
a
27
return
if
the
person’s
net
income
is
equal
to
or
less
than
the
28
appropriate
dollar
amount
listed
in
section
422.5,
subsection
29
3
,
upon
which
tax
is
not
imposed.
A
nonresident
of
this
state
30
is
not
required
to
make
and
file
a
return
if
the
person’s
total
31
net
income
allocated
to
Iowa
in
section
422.5
422.8
,
subsection
32
1
,
paragraph
“j”
2
,
is
equal
to
or
less
than
the
appropriate
33
dollar
amount
provided
in
section
422.5,
subsection
3
,
upon
34
which
tax
is
not
imposed.
For
purposes
of
this
subsection
,
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the
amount
of
a
lump
sum
distribution
subject
to
separate
1
federal
tax
shall
be
included
in
net
income
for
purposes
of
2
determining
if
a
resident
is
required
to
file
a
return
and
the
3
portion
of
the
lump
sum
distribution
that
is
allocable
to
Iowa
4
is
included
in
total
net
income
for
purposes
of
determining
if
5
a
nonresident
is
required
to
make
and
file
a
return.
6
Sec.
14.
Section
422.21,
subsection
5,
Code
2011,
is
amended
7
by
striking
the
subsection.
8
Sec.
15.
REPEAL.
Section
422.11B,
Code
2011,
is
repealed.
9
Sec.
16.
EFFECTIVE
DATE
AND
APPLICABILITY.
This
Act
takes
10
effect
January
1,
2012,
and
applies
to
tax
years
beginning
on
11
or
after
that
date.
12
EXPLANATION
13
This
bill
rewrites
the
state
individual
income
tax
by
14
creating
a
flat
tax
structure
and
imposes
a
single
rate
of
6
15
percent
on
the
taxable
income
of
every
taxpayer
subject
to
the
16
individual
income
tax.
17
The
bill
creates
a
flat
tax
structure
by
eliminating
most
18
of
the
deductions
and
exclusions
previously
available
when
19
computing
net
income
and
taxable
income
for
Iowa
tax
purposes
20
and
by
eliminating
the
alternative
minimum
tax.
21
The
bill
provides
for
a
standard
deduction
equal
to
$1,000
22
for
each
personal
exemption
the
taxpayer
is
allowed
to
take
23
under
the
federal
Internal
Revenue
Code.
24
The
bill
retains
the
current
tax
credits
available
under
the
25
individual
income
tax
with
the
exception
of
the
minimum
tax
26
credit.
27
The
bill
takes
effect
January
1,
2012,
for
tax
years
28
beginning
on
or
after
that
date.
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