House
File
25
-
Introduced
HOUSE
FILE
25
BY
MURPHY
A
BILL
FOR
An
Act
establishing
a
veteran
employment
tax
credit
pilot
1
project
for
individual
and
corporate
income
taxpayers
and
2
franchise
taxpayers
who
hire
and
employ
qualified
veterans
3
and
including
effective
date
and
retroactive
and
other
4
applicability
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
TLSB
1113YH
(2)
85
mm/sc
H.F.
25
Section
1.
NEW
SECTION
.
422.11E
Veteran
employment
tax
1
credit.
2
1.
As
used
in
this
section,
unless
the
context
otherwise
3
requires:
4
a.
“Full-time
basis”
means
an
average
of
forty
hours
of
work
5
per
week,
including
all
paid
holidays,
vacations,
sick
leave,
6
and
other
paid
leave.
7
b.
“Qualified
veteran”
means
an
individual
who
meets
all
the
8
following
requirements:
9
(1)
The
individual
is
a
veteran,
as
defined
in
section
35.1,
10
subsection
2.
11
(2)
The
individual
is
totally
unemployed,
as
defined
in
12
section
96.19,
subsection
38,
paragraph
“a”
,
prior
to
being
13
hired
for
employment
which
qualifies
for
the
tax
credit
under
14
this
section.
15
2.
a.
The
taxes
imposed
under
this
division,
less
the
16
credits
allowed
under
section
422.12,
shall
be
reduced
by
a
17
veteran
employment
tax
credit
for
a
taxpayer
who
hires
and
18
employs
a
qualified
veteran
on
a
full-time
basis
in
this
state
19
on
or
after
the
effective
date
of
this
Act.
The
credit
shall
be
20
available
in
two
parts,
equal
to
the
following
amounts:
21
(1)
Five
hundred
eighty
dollars
if
the
qualified
veteran
22
is
employed
by
the
taxpayer
for
one
hundred
eighty
consecutive
23
days.
24
(2)
Five
hundred
eighty
dollars
if
the
qualified
veteran
is
25
employed
by
the
taxpayer
for
eighteen
consecutive
months.
26
b.
The
aggregate
total
amount
of
tax
credit
certificates
27
that
may
be
issued
by
the
department
under
paragraph
“a”
,
28
subparagraph
(1),
shall
not
exceed
five
hundred
eighty
thousand
29
dollars.
The
aggregate
total
amount
of
tax
credit
certificates
30
that
may
be
issued
by
the
department
under
paragraph
“a”
,
31
subparagraph
(2),
shall
not
exceed
five
hundred
eighty
thousand
32
dollars.
33
3.
The
credit
shall
not
be
allowed
for
a
qualified
veteran
34
who
was
hired
to
replace
an
individual
whose
employment
35
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5
H.F.
25
was
terminated
within
the
twelve-month
period
preceding
1
the
date
the
veteran
is
hired.
However,
if
the
individual
2
being
replaced
left
employment
voluntarily
without
good
3
cause
attributable
to
the
employer
or
if
the
individual
was
4
discharged
for
misconduct
in
connection
with
the
individual’s
5
employment
as
determined
by
the
department
of
workforce
6
development,
the
credit
shall
be
allowed.
7
4.
To
receive
the
veteran
employment
tax
credit,
a
taxpayer
8
must
submit
an
application
to
the
department,
made
in
the
9
manner
and
form
prescribed
by
the
department.
If
the
taxpayer
10
meets
the
criteria
for
eligibility,
the
department
shall
issue
11
to
the
taxpayer
a
tax
certificate
for
the
veteran
employment
12
tax
credit.
The
certificate
shall
contain
the
taxpayer’s
13
name,
address,
tax
identification
number,
the
amount
of
the
14
credit,
the
tax
year
for
which
the
certificate
applies,
and
15
an
expiration
date
for
the
certificate.
The
taxpayer
must
16
file
the
tax
credit
certificate
with
the
taxpayer’s
income
tax
17
return
in
order
to
claim
the
tax
credit.
18
5.
Tax
credit
certificates
shall
be
issued
on
an
earliest
19
filed
basis.
A
taxpayer
who
fails
to
apply
for
and
receive
20
a
tax
credit
certificate
under
subsection
2,
paragraph
“a”
,
21
subparagraph
(1),
for
a
qualified
veteran
shall
be
ineligible
22
to
receive
a
tax
credit
for
that
qualified
veteran
under
23
subsection
2,
paragraph
“a”
,
subparagraph
(2).
24
6.
Any
credit
in
excess
of
the
tax
liability
shall
be
25
refunded.
In
lieu
of
claiming
a
refund,
a
taxpayer
may
26
elect
to
have
the
overpayment
shown
on
the
taxpayer’s
final,
27
completed
return
credited
to
the
tax
liability
for
the
28
following
tax
year.
29
7.
An
individual
may
claim
the
tax
credit
allowed
a
30
partnership,
limited
liability
company,
S
corporation,
estate,
31
or
trust
electing
to
have
the
income
taxed
directly
to
the
32
individual.
The
amount
claimed
by
the
individual
shall
be
33
based
upon
the
pro
rata
share
of
the
individual’s
earnings
of
34
the
partnership,
limited
liability
company,
S
corporation,
35
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1113YH
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5
H.F.
25
estate,
or
trust.
1
8.
This
section
is
repealed
June
30,
2017,
or
thirty
days
2
following
the
date
on
which
one
million
one
hundred
sixty
3
thousand
dollars
in
total
credits
have
been
allowed,
whichever
4
is
earlier.
5
Sec.
2.
Section
422.33,
Code
2013,
is
amended
by
adding
the
6
following
new
subsection:
7
NEW
SUBSECTION
.
15.
a.
The
taxes
imposed
under
this
8
division
shall
be
reduced
by
a
veteran
employment
tax
credit
9
allowed
under
section
422.11E.
10
b.
This
subsection
is
subject
to
repeal
pursuant
to
section
11
422.11E,
subsection
8.
12
Sec.
3.
Section
422.60,
Code
2013,
is
amended
by
adding
the
13
following
new
subsection:
14
NEW
SUBSECTION
.
12.
a.
The
taxes
imposed
under
this
15
division
shall
be
reduced
by
a
veteran
employment
tax
credit
16
allowed
under
section
422.11E.
17
b.
This
subsection
is
subject
to
repeal
pursuant
to
section
18
422.11E,
subsection
8.
19
Sec.
4.
PILOT
PROJECT
——
EVALUATION.
The
tax
credit
20
provided
in
this
Act
for
taxpayers
who
hire
and
employ
21
qualified
veterans
is
viewed
as
a
pilot
project
to
gauge
22
the
feasibility
of
using
such
an
approach
to
increase
the
23
employment
of
veterans
in
this
state.
24
The
department
of
workforce
development
and
the
department
25
of
revenue
shall
review
and
evaluate
the
pilot
project
26
established
in
this
Act
and
determine
the
benefits
to
the
27
state.
A
report
from
each
department
shall
be
filed
with
28
the
general
assembly
no
later
than
January
15,
2015,
and
29
shall
contain
its
evaluation
and
recommendations,
especially
30
with
regard
to
the
creation
of
a
permanent
qualified
veteran
31
employment
tax
credit
as
part
of
the
state’s
effort
to
increase
32
the
employment
of
veterans
in
this
state.
However,
the
33
departments
may
file
a
joint
report
if
this
would
prove
more
34
beneficial
to
the
general
assembly
and
the
evaluation
of
the
35
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pilot
project.
1
Sec.
5.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
2
immediate
importance,
takes
effect
upon
enactment.
3
Sec.
6.
RETROACTIVE
APPLICABILITY.
This
Act
applies
4
retroactively
to
January
1,
2013,
for
tax
years
beginning
on
5
or
after
that
date.
6
Sec.
7.
APPLICABILITY.
This
Act
applies
to
qualified
7
veterans
hired
on
or
after
the
effective
date
of
this
Act.
8
EXPLANATION
9
This
bill
provides
a
refundable
individual
and
corporate
10
income
tax
credit
and
franchise
tax
credit
for
the
hiring
and
11
employment
of
qualified
veterans
in
this
state.
“Qualified
12
veteran”
is
defined
as
an
individual
who
is
a
veteran
and
is
13
totally
unemployed.
14
The
credit
is
available
to
a
taxpayer
who
hires
and
employs
15
a
qualified
veteran
for
employment
on
a
full-time
basis
in
this
16
state
on
or
after
the
effective
date
of
the
bill.
“Full-time”
17
basis
is
defined
as
an
average
of
40
hours
of
work
per
week.
18
The
credit
is
available
in
two
parts.
The
first
part
of
the
19
credit
is
equal
to
$580
if
the
qualified
veteran
is
employed
20
by
the
taxpayer
for
180
consecutive
days.
The
second
part
21
is
equal
to
$580
if
the
qualified
veteran
is
employed
by
the
22
taxpayer
for
18
consecutive
months.
The
second
part
of
the
23
credit
is
unavailable
to
a
taxpayer
for
the
employment
of
a
24
qualified
veteran
if
the
taxpayer
did
not
receive
the
first
25
part
of
the
credit
for
that
particular
qualified
veteran.
26
The
credit
is
not
allowed
if
the
qualified
veteran
was
27
hired
to
replace
an
individual
whose
employment
was
terminated
28
within
the
12-month
period
preceding
the
date
the
qualified
29
veteran
was
hired,
unless
the
individual
left
employment
30
voluntarily
without
good
cause
attributable
to
the
employer
or
31
was
discharged
for
misconduct
as
determined
by
the
department
32
of
workforce
development.
33
To
receive
the
tax
credit,
a
taxpayer
must
submit
an
34
application
to
the
department
of
revenue
and
receive
a
tax
35
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25
credit
certificate,
then
attach
the
certificate
to
the
1
taxpayer’s
tax
return.
2
The
total
amount
of
tax
credits
that
may
be
issued
by
the
3
department
of
revenue
shall
not
exceed
$580,000
for
each
4
part
of
the
credit,
for
a
total
of
$1,160,000.
Tax
credit
5
certificates
shall
be
issued
on
an
earliest
filed
basis.
6
An
individual
may
claim
the
tax
credit
allowed
a
7
partnership,
limited
liability
company,
S
corporation,
estate,
8
or
trust
electing
to
have
the
income
taxed
directly
to
the
9
individual.
The
amount
claimed
by
the
individual
shall
be
10
based
upon
the
pro
rata
share
of
the
individual’s
earnings
of
11
the
partnership,
limited
liability
company,
S
corporation,
12
estate,
or
trust.
13
The
credit
is
repealed
on
June
30,
2017,
or
30
days
following
14
the
date
on
which
$1,160,000
in
total
credits
have
been
15
provided,
whichever
is
earlier.
16
The
bill
provides
that
the
veteran
employment
tax
credit
17
is
a
pilot
project
to
gauge
the
feasibility
of
using
such
an
18
approach
to
increase
the
employment
of
veterans
in
this
state.
19
The
department
of
workforce
development
and
the
department
of
20
revenue
are
required
to
evaluate
the
pilot
project
and
submit
21
a
joint
or
separate
report
to
the
general
assembly
no
later
22
than
January
15,
2015.
The
report
shall
contain
evaluations
23
and
recommendations
with
regard
to
the
creation
of
a
permanent
24
qualified
veteran
employment
tax
credit
as
part
of
the
state’s
25
effort
to
increase
employment
of
veterans
in
this
state.
26
The
bill
takes
effect
upon
enactment
and
applies
27
to
qualified
veterans
hired
on
or
after
that
date,
and
28
retroactively
to
tax
years
beginning
on
or
after
January
1,
29
2013.
30
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5