House
File
522
-
Introduced
HOUSE
FILE
522
BY
COMMITTEE
ON
AGRICULTURE
(SUCCESSOR
TO
HSB
137)
A
BILL
FOR
An
Act
increasing
the
number
of
years
that
a
taxpayer
may
1
claim
a
custom
farming
contract
tax
credit
under
a
contract
2
executed
by
the
holder
of
agricultural
land
and
a
qualified
3
beginning
farmer,
and
including
effective
date
and
4
retroactive
applicability
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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522
Section
1.
Section
16.81,
subsection
5,
Code
2015,
is
1
amended
to
read
as
follows:
2
5.
The
custom
farming
contract
must
provide
that
the
3
taxpayer
pay
the
qualified
beginning
farmer
on
a
cash
basis.
4
The
contract
must
be
in
writing
for
a
term
of
not
more
than
5
twelve
twenty-four
months.
The
total
cash
payment
for
each
tax
6
year
that
the
tax
credit
is
claimed
must
equal
at
least
one
7
thousand
dollars.
8
Sec.
2.
Section
16.81,
subsection
10,
Code
2015,
is
amended
9
to
read
as
follows:
10
10.
a.
A
taxpayer
shall
not
claim
a
custom
farming
contract
11
tax
credit
unless
a
tax
credit
certificate
issued
by
the
12
authority
under
this
section
is
included
with
the
taxpayer’s
13
tax
return
for
the
each
tax
year
for
which
the
tax
credit
is
14
claimed.
15
b.
A
taxpayer
may
submit
a
single
application
to
the
16
authority
for
the
authority’s
review
and
approval
of
the
17
issuance
of
a
tax
credit
certificate
for
either
one
or
two
tax
18
years
as
covered
in
the
custom
farming
contract.
The
authority
19
must
review
and
approve
an
the
application
for
a
and
each
20
tax
credit
certificate
as
provided
by
rules
adopted
by
the
21
authority.
The
application
must
include
a
copy
of
the
custom
22
farming
contract.
Either
or
both
parties
as
required
by
the
23
authority
shall
notify
the
authority
of
any
amendment
to
the
24
contract
or
other
material
changes
affecting
the
application
25
or
contract.
The
authority
may
require
that
the
parties
to
26
the
contract
provide
additional
information
as
determined
27
relevant
by
the
authority.
The
information
may
include
but
28
is
not
limited
to
a
list
of
all
custom
work
completed
and
a
29
verification
of
all
payments
made
to
the
beginning
farmer
for
30
each
tax
year
that
the
tax
credit
may
be
claimed.
31
c.
The
authority
may
approve
an
application
and
issue
a
32
tax
credit
certificate
to
a
taxpayer
who
has
previously
been
33
allowed
a
tax
credit
under
this
section
another
application
.
34
The
authority
may
require
that
the
parties
to
the
contract
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522
provide
additional
information
as
determined
relevant
by
the
1
authority.
The
authority
shall
review
an
application
for
a
tax
2
credit
certificate
which
includes
the
renewal
of
a
contract
to
3
determine
that
the
parties
to
the
renewed
contract
meet
the
4
same
qualifications
as
required
for
an
original
application.
5
d.
The
authority
shall
not
approve
an
application
or
issue
6
a
tax
credit
certificate
to
a
taxpayer
for
an
amount
in
excess
7
of
fifty
thousand
dollars.
In
addition,
the
authority
shall
8
not
approve
an
application
or
issue
a
tax
credit
certificate
to
9
a
taxpayer
if
any
of
the
following
applies:
10
a.
(1)
The
taxpayer
is
at
fault
for
terminating
another
11
custom
farming
contract,
as
determined
by
the
authority.
12
b.
(2)
The
taxpayer
is
party
to
a
pending
administrative
or
13
judicial
action,
or
classified
as
a
habitual
violator
in
the
14
same
manner
as
provided
in
section
16.80
.
15
c.
(3)
The
contract
amount
is
substantially
higher
or
lower
16
than
the
market
rate
for
a
similar
custom
farming
contract,
as
17
determined
by
the
authority.
18
Sec.
3.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
19
immediate
importance,
takes
effect
upon
enactment.
20
Sec.
4.
RETROACTIVE
APPLICABILITY.
This
Act
applies
21
retroactively
to
January
1,
2015,
for
tax
years
beginning
on
22
or
after
that
date.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
BILL
——
PROVISIONS.
This
bill
increases
the
maximum
period
27
of
a
custom
farming
contract
executed
by
a
taxpayer
who
holds
28
agricultural
land
and
a
qualified
beginning
farmer
from
12
to
29
24
months
in
order
to
meet
the
eligibility
requirements
for
30
the
taxpayer
to
claim
the
custom
farming
contract
tax
credit.
31
The
tax
credit
is
administered
by
the
Iowa
finance
authority
32
and
the
department
of
revenue.
The
bill
provides
that
a
party
33
or
both
parties
to
the
contract
must
notify
the
authority
of
34
any
amendment
to
the
contract
or
other
material
change
to
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claim
the
tax
credit.
The
authority
may
require
additional
1
information
which
may
include
a
list
of
custom
work
completed
2
and
a
verification
of
payments
made
to
the
beginning
farmer
for
3
each
tax
year
that
the
tax
credit
is
claimed.
4
BILL
EFFECTIVE
DATE
AND
RETROACTIVE
APPLICABILITY.
The
5
bill
takes
effect
upon
enactment
and
applies
retroactively
to
6
January
1,
2015,
for
tax
years
beginning
on
or
after
that
date.
7
BACKGROUND.
A
taxpayer
who
holds
agricultural
land
is
8
entitled
to
claim
a
tax
credit
against
individual
or
corporate
9
tax
liability
under
the
terms
of
a
custom
farming
contract
10
executed
with
a
qualified
beginning
farmer.
The
contract
11
amount
cannot
be
substantially
higher
or
lower
than
the
12
market
rate
for
similar
contracts.
The
taxpayer
must
make
all
13
management
decisions
substantially
contributing
to
or
affecting
14
the
production
of
crops
or
livestock
located
on
the
taxpayer’s
15
agricultural
land,
although
the
qualified
beginning
farmer
may
16
make
day-to-day
operational
decisions
affecting
production.
17
The
qualified
beginning
farmer
must
have
a
low
or
moderate
net
18
worth
and
have
education
or
experience
and
resources
necessary
19
to
participate
in
farming.
The
tax
credit
is
allowed
only
for
20
the
amount
paid
by
the
taxpayer
to
a
qualified
beginning
farmer
21
on
a
cash
basis
equaling
at
least
$1,000.
The
tax
credit
is
22
7
percent
of
the
amount
paid
by
the
taxpayer
to
a
qualified
23
beginning
farmer
with
one
exception.
For
the
first
tax
year,
24
the
tax
credit
is
8
percent
if
the
qualified
beginning
farmer
25
is
a
veteran.
26
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