House File 652 - Introduced HOUSE FILE 652 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO HSB 187) A BILL FOR An Act relating to state revenue and finance by modifying 1 certain tax credits and tax credit programs and providing 2 for transfers to the cash reserve fund and the taxpayers 3 trust fund, and including effective date and retroactive and 4 other applicability provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 2629HV (3) 87 mm/sc/rj
H.F. 652 DIVISION I 1 BEGINNING FARMER TAX CREDITS 2 Section 1. Section 16.80, subsection 5, paragraph a, 3 subparagraphs (1) and (2), Code 2017, are amended to read as 4 follows: 5 (1) If the qualified beginning farmer is not a veteran, the 6 taxpayer may claim a tax credit equal to seven six percent of 7 the gross amount paid to the taxpayer under the agreement for 8 each tax year that the tax credit is allowed. 9 (2) If the qualified beginning farmer is a veteran, the 10 taxpayer may claim eight percent of the gross amount paid to 11 the taxpayer under the agreement for the first year that the 12 tax credit is allowed and seven six percent of the gross amount 13 paid to the taxpayer for each subsequent tax year that the tax 14 credit is allowed. However, the taxpayer may only claim seven 15 six percent of the gross amount paid to the taxpayer under 16 a renewed agreement or a new agreement executed by the same 17 parties. 18 Sec. 2. Section 16.80, subsection 5, paragraph b, 19 subparagraph (1), Code 2017, is amended to read as follows: 20 (1) (a) If the qualified beginning farmer is not a 21 veteran, the taxpayer may claim a tax credit equal to seventeen 22 sixteen percent of the amount paid to the taxpayer from crops 23 or animals sold under the agreement in which the payment is 24 exclusively made from the sale of crops or animals. 25 (b) If the qualified beginning farmer is a veteran, the 26 taxpayer may claim a tax credit equal to eighteen percent of 27 the amount paid to the taxpayer from crops or animals sold 28 under the agreement for the first tax year that the taxpayer 29 is allowed the tax credit and seventeen sixteen percent of the 30 amount paid to the taxpayer for each subsequent tax year that 31 the taxpayer is allowed the tax credit. However, the taxpayer 32 may only claim seventeen sixteen percent of the amount paid to 33 the taxpayer from crops or animals sold for any tax year under 34 a renewed agreement or a new agreement executed by the same 35 -1- LSB 2629HV (3) 87 mm/sc/rj 1/ 36
H.F. 652 parties. 1 Sec. 3. Section 16.80, subsection 5, paragraphs a and b, 2 as enacted in 2014 Iowa Acts, chapter 1080, section 122, are 3 amended to read as follows: 4 a. Except as provided in paragraph “b” , the tax credit shall 5 equal five four and one-half percent of the amount paid to the 6 taxpayer under the agreement. 7 b. The tax credit shall equal fifteen fourteen percent of 8 the amount paid to the taxpayer from crops or animals sold 9 under an agreement in which the payment is exclusively made 10 from the sale of crops or animals. 11 Sec. 4. Section 16.81, subsection 8, paragraphs a and b, 12 Code 2017, are amended to read as follows: 13 a. If the qualified beginning farmer is not a veteran, the 14 taxpayer may claim a tax credit equal to seven six percent of 15 the gross amount paid to the qualified beginning farmer under 16 the contract for each tax year that the tax credit is allowed. 17 b. If the qualified beginning farmer is a veteran, the 18 taxpayer may claim a tax credit equal to eight percent of the 19 gross amount paid to the qualified beginning farmer under the 20 contract for the first year that the tax credit is allowed and 21 seven six percent of the gross amount paid to the qualified 22 beginning farmer under the contract for each subsequent tax 23 year that the tax credit is allowed. However, the taxpayer may 24 only claim seven six percent of the gross amount paid to the 25 qualified beginning farmer under a renewed contract or a new 26 contract executed by the same parties. 27 Sec. 5. EFFECTIVE DATE. 28 1. Except as provided in subsection 2, this division of this 29 Act, being deemed of immediate importance, takes effect upon 30 enactment. 31 2. The section of this division of this Act amending section 32 16.80, subsection 5, paragraphs “a” and “b”, as enacted in 2014 33 Iowa Acts, chapter 1080, section 122, takes effect January 1, 34 2018. 35 -2- LSB 2629HV (3) 87 mm/sc/rj 2/ 36
H.F. 652 Sec. 6. RETROACTIVE AND OTHER APPLICABILITY. 1 1. Except as provided in subsection 2, this division of this 2 Act applies retroactively to January 1, 2017, for tax years 3 beginning on or after that date. 4 2. The section of this division of this Act amending section 5 16.80, subsection 5, paragraphs “a” and “b”, as enacted in 2014 6 Iowa Acts, chapter 1080, section 122, applies to tax years 7 beginning on or after January 1, 2018. 8 DIVISION II 9 BIODIESEL BLENDED FUEL TAX CREDIT 10 Sec. 7. Section 422.11P, subsection 3, paragraph a, 11 subparagraph (1), Code 2017, is amended to read as follows: 12 (1) The taxpayer is a retail dealer who sells and dispenses 13 qualifying biodiesel blended fuel through a motor fuel pump 14 located at the retail dealer’s retail motor fuel site during 15 the calendar year or parts of the calendar years for which the 16 tax credit is claimed as provided in this section . 17 Sec. 8. Section 422.11P, subsection 4, unnumbered paragraph 18 1, Code 2017, is amended to read as follows: 19 For a retail dealer whose tax year is on a calendar year 20 basis, the A retail dealer shall calculate the amount of the 21 tax credit by multiplying a designated rate by the retail 22 dealer’s total biodiesel blended fuel gallonage for the 23 calendar year as provided in section 452A.31 which qualifies 24 under this subsection . 25 Sec. 9. Section 422.11P, subsection 5, Code 2017, is amended 26 by striking the subsection and inserting in lieu thereof the 27 following: 28 5. a. To receive a tax credit under this section, a retail 29 dealer must submit an application in the manner and form 30 prescribed by the department. The department may establish an 31 application deadline or require a retail dealer to apply for 32 the credit on or in conjunction with the retail dealer’s annual 33 report required under section 452A.33. 34 b. The department shall issue tax credits and related tax 35 -3- LSB 2629HV (3) 87 mm/sc/rj 3/ 36
H.F. 652 credit certificates to qualifying retail dealers on a calendar 1 year basis, which tax credits shall not exceed an aggregate 2 amount of sixteen million dollars per calendar year. In the 3 event the aggregate amount of tax credit claims for a calendar 4 year exceeds sixteen million dollars, the department shall 5 reduce in a prorated fashion all tax credit claims until the 6 aggregate credit claims equal sixteen million dollars. 7 c. The tax credit may be claimed for the tax year ending 8 on or after January 1 of the calendar year for which the tax 9 credit is calculated as provided in subsection 4. For an 10 individual claiming the tax credit allowed another entity 11 pursuant to subsection 7, the tax credit may be claimed for the 12 individual’s tax year beginning on or after the first day of 13 the tax year for which the other entity was allowed to claim 14 the tax credit. 15 d. (1) To claim a tax credit under this section, a taxpayer 16 shall include one or more tax credit certificates with the 17 taxpayer’s tax return. 18 (2) The tax credit certificate shall contain the taxpayer’s 19 name, address, tax identification number, the amount of the 20 credit, and any other information required by the department. 21 (3) The tax credit certificate, unless rescinded by the 22 department, shall be accepted by the department as payment 23 for the taxes under this division or division III, subject 24 to any conditions or restrictions placed by the department 25 upon the face of the tax credit certificate and subject to the 26 limitations of this section. 27 Sec. 10. EFFECTIVE UPON ENACTMENT. This division of this 28 Act, being deemed of immediate importance, takes effect upon 29 enactment. 30 Sec. 11. RETROACTIVE APPLICABILITY. This division of this 31 Act applies retroactively to January 1, 2017, for tax years 32 beginning on or after that date and for biodiesel blended fuel 33 sold on or after that date. 34 Sec. 12. TRANSITION PROVISIONS. For a retail dealer whose 35 -4- LSB 2629HV (3) 87 mm/sc/rj 4/ 36
H.F. 652 tax year is not on a calendar year basis, the retailer shall 1 calculate tax credits for the tax year beginning in calendar 2 year 2016, and ending in calendar year 2017 as follows: 3 1. For the period beginning on the first day of the retail 4 dealer’s tax year until December 31, the retail dealer shall 5 calculate a tax credit in the same manner as a retail dealer 6 who calculates the tax credit on that same December 31 as 7 provided in section 422.11P, subsection 4, Code 2017. 8 2. For any period beginning on or after January 1, 2017, 9 the retail dealer shall calculate a tax credit as provided in 10 section 422.11P, as amended in this division of this Act. 11 DIVISION III 12 E-15 PLUS GASOLINE PROMOTION TAX CREDIT 13 Sec. 13. Section 422.11Y, subsection 3, paragraph a, 14 subparagraph (1), Code 2017, is amended to read as follows: 15 (1) The taxpayer is a retail dealer who sells and dispenses 16 qualifying ethanol blended gasoline through a motor fuel pump 17 located at the retail dealer’s retail motor fuel site during 18 the calendar year or parts of the calendar years for which the 19 tax credit is claimed as provided in this section . 20 Sec. 14. Section 422.11Y, subsection 4, unnumbered 21 paragraph 1, Code 2017, is amended to read as follows: 22 For a retail dealer whose tax year is on a calendar year 23 basis, the A retail dealer shall calculate the amount of the 24 tax credit by multiplying a designated rate by the retail 25 dealer’s total ethanol blended gasoline gallonage for the 26 calendar year as provided in section 452A.31 which qualifies 27 under this subsection . 28 Sec. 15. Section 422.11Y, subsection 5, Code 2017, is 29 amended by striking the subsection and inserting in lieu 30 thereof the following: 31 5. a. To receive a tax credit under this section, a retail 32 dealer must submit an application in the manner and form 33 prescribed by the department. The department may establish an 34 application deadline or require a retail dealer to apply for 35 -5- LSB 2629HV (3) 87 mm/sc/rj 5/ 36
H.F. 652 the credit on or in conjunction with the retail dealer’s annual 1 report required under section 452A.33. 2 b. The department shall issue tax credits and related tax 3 credit certificates to qualifying retail dealers on a calendar 4 year basis, which tax credits shall not exceed an aggregate 5 amount of four hundred thirty thousand two hundred dollars per 6 calendar year. In the event the aggregate amount of tax credit 7 claims for a calendar year exceeds four hundred thirty thousand 8 two hundred dollars, the department shall reduce in a prorated 9 fashion all tax credit claims until the aggregate credit claims 10 equal four hundred thirty thousand two hundred dollars. 11 c. The tax credit may be claimed for the tax year ending 12 on or after January 1 of the calendar year for which the tax 13 credit is calculated as provided in subsection 4. For an 14 individual claiming the tax credit allowed another entity 15 pursuant to subsection 8, the tax credit may be claimed for the 16 individual’s tax year beginning on or after the first day of 17 the tax year for which the other entity was allowed to claim 18 the tax credit. 19 d. (1) To claim a tax credit under this section, a taxpayer 20 shall include one or more tax credit certificates with the 21 taxpayer’s tax return. 22 (2) The tax credit certificate shall contain the taxpayer’s 23 name, address, tax identification number, the amount of the 24 credit, and any other information required by the department. 25 (3) The tax credit certificate, unless rescinded by the 26 department, shall be accepted by the department as payment 27 for the taxes under this division or division III, subject 28 to any conditions or restrictions placed by the department 29 upon the face of the tax credit certificate and subject to the 30 limitations of this section. 31 Sec. 16. EFFECTIVE UPON ENACTMENT. This division of this 32 Act, being deemed of immediate importance, takes effect upon 33 enactment. 34 Sec. 17. RETROACTIVE APPLICABILITY. This division of this 35 -6- LSB 2629HV (3) 87 mm/sc/rj 6/ 36
H.F. 652 Act applies retroactively to January 1, 2017, for tax years 1 beginning on or after that date and for qualifying ethanol 2 blended gasoline sold on or after that date. 3 Sec. 18. TRANSITION PROVISIONS. For a retail dealer whose 4 tax year is not on a calendar year basis, the retailer shall 5 calculate tax credits for the tax year beginning in calendar 6 year 2016, and ending in calendar year 2017 as follows: 7 1. For the period beginning on the first day of the retail 8 dealer’s tax year until December 31, the retail dealer shall 9 calculate a tax credit in the same manner as a retail dealer 10 who calculates the tax credit on that same December 31 as 11 provided in section 422.11Y, subsection 4, Code 2017. 12 2. For any period beginning on or after January 1, 2017, 13 the retail dealer shall calculate a tax credit as provided in 14 section 422.11Y, as amended in this division of this Act. 15 DIVISION IV 16 E-85 GASOLINE PROMOTION TAX CREDIT 17 Sec. 19. Section 422.11O, subsection 2, paragraph a, 18 subparagraph (1), Code 2017, is amended to read as follows: 19 (1) The taxpayer is a retail dealer who sells and dispenses 20 E-85 gasoline through a motor fuel pump located at the retail 21 dealer’s retail motor fuel site during the calendar year or 22 parts of the calendar year for which the tax credit is claimed 23 as provided in this section . 24 Sec. 20. Section 422.11O, subsection 3, Code 2017, is 25 amended to read as follows: 26 3. For a retail dealer whose tax year is on a calendar year 27 basis, the A retail dealer shall calculate the amount of the 28 tax credit by multiplying a designated rate of sixteen cents 29 by the retail dealer’s total E-85 gasoline gallonage for the 30 calendar year as provided in sections 452A.31 and 452A.32 . 31 Sec. 21. Section 422.11O, subsection 4, Code 2017, is 32 amended by striking the subsection and inserting in lieu 33 thereof the following: 34 4. a. To receive a tax credit under this section, a retail 35 -7- LSB 2629HV (3) 87 mm/sc/rj 7/ 36
H.F. 652 dealer must submit an application in the manner and form 1 prescribed by the department. The department may establish an 2 application deadline or require a retail dealer to apply for 3 the credit on or in conjunction with the retail dealer’s annual 4 report required under section 452A.33. 5 b. The department shall issue tax credits and related tax 6 credit certificates to qualifying retail dealers on a calendar 7 year basis, which tax credits shall not exceed an aggregate 8 amount of two million five hundred eleven thousand one 9 hundred dollars per calendar year. In the event the aggregate 10 amount of tax credit claims for a calendar year exceeds two 11 million five hundred eleven thousand one hundred dollars, the 12 department shall reduce in a prorated fashion all tax credit 13 claims until the aggregate credit claims equal two million five 14 hundred eleven thousand one hundred dollars. 15 c. The tax credit may be claimed for the tax year ending 16 on or after January 1 of the calendar year for which the tax 17 credit is calculated as provided in subsection 3. For an 18 individual claiming the tax credit allowed another entity 19 pursuant to subsection 7, the tax credit may be claimed for the 20 individual’s tax year beginning on or after the first day of 21 the tax year for which the other entity was allowed to claim 22 the tax credit. 23 d. (1) To claim a tax credit under this section, a taxpayer 24 shall include one or more tax credit certificates with the 25 taxpayer’s tax return. 26 (2) The tax credit certificate shall contain the taxpayer’s 27 name, address, tax identification number, the amount of the 28 credit, and any other information required by the department. 29 (3) The tax credit certificate, unless rescinded by the 30 department, shall be accepted by the department as payment 31 for the taxes under this division or division III, subject 32 to any conditions or restrictions placed by the department 33 upon the face of the tax credit certificate and subject to the 34 limitations of this section. 35 -8- LSB 2629HV (3) 87 mm/sc/rj 8/ 36
H.F. 652 Sec. 22. EFFECTIVE UPON ENACTMENT. This division of this 1 Act, being deemed of immediate importance, takes effect upon 2 enactment. 3 Sec. 23. RETROACTIVE APPLICABILITY. This division of this 4 Act applies retroactively to January 1, 2017, for tax years 5 beginning on or after that date and for E-85 gasoline sold on 6 or after that date. 7 Sec. 24. TRANSITION PROVISIONS. For a retail dealer whose 8 tax year is not on a calendar year basis, the retailer shall 9 calculate tax credits for the tax year beginning in calendar 10 year 2016, and ending in calendar year 2017 as follows: 11 1. For the period beginning on the first day of the retail 12 dealer’s tax year until December 31, the retail dealer shall 13 calculate a tax credit in the same manner as a retail dealer 14 who calculates the tax credit on that same December 31 as 15 provided in section 422.11O, subsection 3, Code 2017. 16 2. For any period beginning on or after January 1, 2017, 17 the retail dealer shall calculate a tax credit as provided in 18 section 422.11O, as amended in this division of this Act. 19 DIVISION V 20 ETHANOL PROMOTION TAX CREDIT 21 Sec. 25. Section 422.11N, subsection 3, paragraph a, Code 22 2017, is amended to read as follows: 23 a. The taxpayer is a retail dealer who sells and dispenses 24 ethanol blended gasoline through a motor fuel pump located 25 at the retail dealer’s retail motor fuel site during the 26 determination period or parts of the determination periods for 27 which the tax credit is claimed as provided in this section . 28 Sec. 26. Section 422.11N, subsection 6, paragraph a, 29 unnumbered paragraph 1, Code 2017, is amended to read as 30 follows: 31 For a retail dealer whose tax year is the same as a 32 determination period beginning on January 1 and ending on 33 December 31, the A retail dealer’s tax credit is calculated 34 by multiplying the retail dealer’s total ethanol gallonage 35 -9- LSB 2629HV (3) 87 mm/sc/rj 9/ 36
H.F. 652 for the determination period by a tax credit rate, which may 1 be adjusted based on the retail dealer’s biofuel threshold 2 percentage disparity. The tax credit rate is as follows: 3 Sec. 27. Section 422.11N, subsection 6, paragraph b, Code 4 2017, is amended by striking the paragraph. 5 Sec. 28. Section 422.11N, Code 2017, is amended by adding 6 the following new subsection: 7 NEW SUBSECTION . 7A. a. To receive a tax credit under this 8 section, a retail dealer must submit an application in the 9 manner and form prescribed by the department. The department 10 may establish an application deadline or require a retail 11 dealer to apply for the credit on or in conjunction with the 12 retail dealer’s annual report required under section 452A.33. 13 b. The department shall issue tax credits and related tax 14 credit certificates to qualifying retail dealers on a calendar 15 year basis, which tax credits shall not exceed an aggregate 16 amount of one million seventy-one thousand five hundred 17 dollars per determination period. In the event the aggregate 18 amount of tax credit claims for a determination period exceeds 19 one million seventy-one thousand five hundred dollars, the 20 department shall reduce in a prorated fashion all tax credit 21 claims until the aggregate credit claims equal one million 22 seventy-one thousand five hundred dollars. 23 c. The tax credit may be claimed for the tax year ending 24 on or after January 1 of the determination period for which 25 the tax credit is calculated as provided in subsection 6. For 26 an individual claiming the tax credit allowed another entity 27 pursuant to subsection 9, the tax credit may be claimed for the 28 individual’s tax year beginning on or after the first day of 29 the tax year for which the other entity was allowed to claim 30 the tax credit. 31 d. (1) To claim a tax credit under this section, a taxpayer 32 shall include one or more tax credit certificates with the 33 taxpayer’s tax return. 34 (2) The tax credit certificate shall contain the taxpayer’s 35 -10- LSB 2629HV (3) 87 mm/sc/rj 10/ 36
H.F. 652 name, address, tax identification number, the amount of the 1 credit, and any other information required by the department. 2 (3) The tax credit certificate, unless rescinded by the 3 department, shall be accepted by the department as payment 4 for the taxes under this division or division III, subject 5 to any conditions or restrictions placed by the department 6 upon the face of the tax credit certificate and subject to the 7 limitations of this section. 8 Sec. 29. EFFECTIVE UPON ENACTMENT. This division of this 9 Act, being deemed of immediate importance, takes effect upon 10 enactment. 11 Sec. 30. RETROACTIVE APPLICABILITY. This division of 12 this Act applies retroactively to January 1, 2017, for tax 13 years beginning on or after that date and for ethanol blended 14 gasoline sold on or after that date. 15 Sec. 31. TRANSITION PROVISIONS. For a retail dealer whose 16 tax year is not on a calendar year basis, the retailer shall 17 calculate tax credits for the tax year beginning in calendar 18 year 2016, and ending in calendar year 2017 as follows: 19 1. For the period beginning on the first day of the retail 20 dealer’s tax year until December 31, the retail dealer shall 21 calculate a tax credit in the same manner as a retail dealer 22 who calculates the tax credit on that same December 31 as 23 provided in section 422.11N, subsection 6, paragraph “a”, Code 24 2017. 25 2. For any period beginning on or after January 1, 2017, 26 the retail dealer shall calculate a tax credit as provided in 27 section 422.11N, as amended in this division of this Act. 28 DIVISION VI 29 HISTORIC PRESERVATION AND CULTURAL AND ENTERTAINMENT DISTRICT 30 TAX CREDIT 31 Sec. 32. Section 404A.2, subsection 1, Code 2017, is amended 32 to read as follows: 33 1. An eligible taxpayer who has entered into an agreement 34 under section 404A.3, subsection 3 , is eligible to receive a 35 -11- LSB 2629HV (3) 87 mm/sc/rj 11/ 36
H.F. 652 historic preservation and cultural and entertainment district 1 tax credit in an amount equal to twenty-five fifteen percent 2 of the qualified rehabilitation expenditures of a qualified 3 rehabilitation project that are specified in the agreement. 4 Notwithstanding any other provision of this chapter or any 5 provision in the agreement to the contrary, the amount of the 6 tax credits shall not exceed twenty-five fifteen percent of the 7 final qualified rehabilitation expenditures verified by the 8 authority pursuant to section 404A.3, subsection 5 , paragraph 9 “c” . 10 Sec. 33. Section 404A.4, subsection 1, paragraph a, Code 11 2017, is amended to read as follows: 12 a. Except as provided in subsections 2 and 3 , the authority 13 shall not award in any one fiscal year an amount of tax credits 14 provided in section 404A.2 in excess of forty-five thirty-five 15 million dollars. 16 Sec. 34. APPLICABILITY. This section of this division 17 of this Act amending section 404A.2, subsection 1, applies 18 to qualified rehabilitation projects registered on or after 19 July 1, 2017, and qualified rehabilitation projects registered 20 prior to July 1, 2017, shall be governed by section 404A.2, 21 subsection 1, Code 2017. 22 DIVISION VII 23 SOLAR ENERGY SYSTEM TAX CREDIT 24 Sec. 35. Section 422.11L, subsection 1, Code 2017, is 25 amended to read as follows: 26 1. The taxes imposed under this division , less the credits 27 allowed under section 422.12 , shall be reduced by a solar 28 energy system tax credit equal to the sum of the following: 29 a. Sixty Forty percent of the federal residential energy 30 efficient property credit related to solar energy provided in 31 section 25D(a)(1) and section 25D(a)(2) of the Internal Revenue 32 Code, not to exceed five thousand dollars. 33 b. Sixty Forty percent of the federal energy credit related 34 to solar energy systems provided in section 48(a)(2)(A)(i)(II) 35 -12- LSB 2629HV (3) 87 mm/sc/rj 12/ 36
H.F. 652 and section 48(a)(2)(A)(i)(III) of the Internal Revenue Code, 1 not to exceed twenty thousand dollars. 2 c. Notwithstanding paragraphs “a” and “b” of this 3 subsection , for installations occurring on or after January 1, 4 2016, the applicable percentages of the federal residential 5 energy efficiency property tax credit related to solar energy 6 and the federal energy credit related to solar energy systems 7 shall be fifty percent. 8 Sec. 36. Section 422.11L, subsection 4, paragraph a, Code 9 2017, is amended to read as follows: 10 a. The cumulative value of tax credits claimed annually by 11 applicants pursuant to this section shall not exceed five four 12 million dollars. Of this amount, at least one million dollars 13 shall be reserved for claims associated with or resulting from 14 residential solar energy system installations. In the event 15 that the total amount of claims submitted for residential solar 16 energy system installations in a tax year is an amount less 17 than one million dollars, the remaining unclaimed reserved 18 amount shall be made available for claims associated with or 19 resulting from nonresidential solar energy system installations 20 received for the tax year. 21 Sec. 37. Section 422.33, subsection 29, paragraph a, Code 22 2017, is amended to read as follows: 23 a. The taxes imposed under this division shall be reduced 24 by a solar energy system tax credit equal to sixty forty 25 percent of the federal energy credit related to solar energy 26 systems provided in section 48(a)(2)(A)(i)(II) and section 27 48(a)(2)(A)(i)(III) of the Internal Revenue Code, not to exceed 28 twenty thousand dollars. For installations occurring on or 29 after January 1, 2016, the applicable percentage of the federal 30 energy credit related to solar energy systems shall be fifty 31 percent. 32 Sec. 38. Section 422.60, subsection 12, paragraph a, Code 33 2017, is amended to read as follows: 34 a. The taxes imposed under this division shall be reduced 35 -13- LSB 2629HV (3) 87 mm/sc/rj 13/ 36
H.F. 652 by a solar energy system tax credit equal to sixty forty 1 percent of the federal energy credit related to solar energy 2 systems provided in section 48(a)(2)(A)(i)(II) and section 3 48(a)(2)(A)(i)(III) of the Internal Revenue Code, not to exceed 4 twenty thousand dollars. For installations occurring on or 5 after January 1, 2016, the applicable percentage of the federal 6 energy credit related to solar energy systems shall be fifty 7 percent. 8 Sec. 39. EFFECTIVE UPON ENACTMENT. This division of this 9 Act, being deemed of immediate importance, takes effect upon 10 enactment. 11 Sec. 40. RETROACTIVE APPLICABILITY. The following 12 provision or provisions of this division of this Act apply 13 retroactively to January 1, 2017, for tax years beginning and 14 installations occurring on or after that date: 15 1. The section of this division of this Act amending section 16 422.11L, subsection 4, paragraph “a”. 17 Sec. 41. APPLICABILITY. The following provision or 18 provisions of this division of this Act apply to installations 19 occurring on or after the effective date of this division of 20 this Act: 21 1. The section of this division of this Act amending section 22 422.11L, subsection 1. 23 2. The section of this division of this Act amending section 24 422.33, subsection 29, paragraph “a”. 25 3. The section of this division of this Act amending section 26 422.60, subsection 12, paragraph “a”. 27 DIVISION VIII 28 GEOTHERMAL HEAT PUMP TAX CREDIT 29 Sec. 42. Section 422.11I, Code 2017, is amended to read as 30 follows: 31 422.11I Geothermal heat pump tax credit. 32 1. The taxes imposed under this division, less the credits 33 allowed under section 422.12 , shall be reduced by a geothermal 34 heat pump tax credit equal to twenty sixteen percent of the 35 -14- LSB 2629HV (3) 87 mm/sc/rj 14/ 36
H.F. 652 federal residential energy efficient property tax credit 1 allowed for geothermal heat pumps provided in section 25D(a)(5) 2 of the Internal Revenue Code for residential property located 3 in Iowa. 4 2. a. To receive a tax credit under this section, a 5 taxpayer must submit an application in the manner and form 6 prescribed by the department by May 1 following the calendar 7 year of the installation of the qualified geothermal heat 8 pump property that is the subject of the federal credit. The 9 application must be approved by the department in order to 10 receive a tax credit certificate and claim the tax credit. 11 b. The department shall issue tax credits and related 12 tax credit certificates on a first-come, first-served basis 13 in the order the applications are received until the maximum 14 amount of tax credits authorized pursuant to subsection 3 is 15 reached. If for a calendar year the maximum amount of tax 16 credits applied for exceeds the amount specified in subsection 17 3, the department shall establish a wait list for tax credits. 18 Valid applications filed by the taxpayer by May 1 following 19 the calendar year of the installation but not approved by 20 the department shall be placed on a wait list in the order 21 the applications were received and those applicants shall 22 be given priority for having their applications approved 23 in succeeding years. Placement on a wait list pursuant to 24 this paragraph shall not constitute a promise binding the 25 state. The availability of a tax credit and issuance of a tax 26 credit certificate pursuant to this section in a future year 27 is contingent upon the availability of tax credits in that 28 particular year. 29 c. For tax credit certificates issued in the calendar 30 year of the installation or the calendar year following the 31 installation, the tax credit may be claimed for the applicant’s 32 tax year during which the installation was completed. For tax 33 credit certificates issued in any later calendar year, the tax 34 credit may be claimed for the applicant’s tax year during which 35 -15- LSB 2629HV (3) 87 mm/sc/rj 15/ 36
H.F. 652 the tax credit is issued. 1 d. (1) To claim a tax credit under this section, a taxpayer 2 shall include one or more tax credit certificates with the 3 taxpayer’s tax return. 4 (2) The tax credit certificate shall contain the taxpayer’s 5 name, address, tax identification number, the amount of the 6 credit, and any other information required by the department. 7 (3) The tax credit certificate, unless rescinded by the 8 department, shall be accepted by the department as payment 9 for the taxes imposed under this division, subject to any 10 conditions or restrictions placed by the department upon 11 the face of the tax credit certificate and subject to the 12 limitations of this section. 13 3. The maximum aggregate amount of tax credits issued in a 14 calendar year pursuant to this section shall not exceed three 15 hundred seventy-six thousand twenty dollars. 16 4. Any credit in excess of the tax liability is not 17 refundable but the excess for the tax year may be credited 18 to the tax liability for the following ten years or until 19 depleted, whichever is earlier. 20 5. The director of revenue shall adopt rules to implement 21 this section . 22 Sec. 43. EFFECTIVE UPON ENACTMENT. This division of this 23 Act, being deemed of immediate importance, takes effect upon 24 enactment. 25 Sec. 44. RETROACTIVE APPLICABILITY. This division of this 26 Act applies retroactively to January 1, 2017, for tax years 27 beginning on or after that date. 28 DIVISION IX 29 GEOTHERMAL TAX CREDIT 30 Sec. 45. Section 422.10A, subsection 2, Code 2017, is 31 amended to read as follows: 32 2. Except as provided in subsection 6 , the taxes imposed 33 under this division , less the credits allowed under section 34 422.12 , shall be reduced by a geothermal tax credit equal 35 -16- LSB 2629HV (3) 87 mm/sc/rj 16/ 36
H.F. 652 to ten eight percent of the qualified geothermal heat pump 1 property expenditures made by the taxpayer during the tax year. 2 Sec. 46. Section 422.10A, Code 2017, is amended by adding 3 the following new subsections: 4 NEW SUBSECTION . 4A. a. To receive a tax credit under this 5 section, a taxpayer must submit an application in the manner 6 and form prescribed by the department by May 1 following the 7 calendar year of the installation of the qualified geothermal 8 heat pump property. The application must be approved by the 9 department in order to receive a tax credit certificate and 10 claim the tax credit. 11 b. The department shall issue tax credits and related 12 tax credit certificates on a first-come, first-served basis 13 in the order the applications are received until the maximum 14 amount of tax credits authorized pursuant to subsection 4B is 15 reached. If for a calendar year the maximum amount of tax 16 credits applied for exceeds the amount specified in subsection 17 4B, the department shall establish a wait list for tax credits. 18 Valid applications filed by the taxpayer by May 1 following 19 the calendar year of the installation but not approved by 20 the department shall be placed on a wait list in the order 21 the applications were received and those applicants shall 22 be given priority for having their applications approved 23 in succeeding years. Placement on a wait list pursuant to 24 this paragraph shall not constitute a promise binding the 25 state. The availability of a tax credit and issuance of a tax 26 credit certificate pursuant to this section in a future year 27 is contingent upon the availability of tax credits in that 28 particular year. 29 c. For tax credit certificates issued in the calendar 30 year of the installation or the calendar year following the 31 installation, the tax credit may be claimed for the applicant’s 32 tax year during which the installation was completed. For tax 33 credit certificates issued in any later calendar year, the tax 34 credit may be claimed for the applicant’s tax year during which 35 -17- LSB 2629HV (3) 87 mm/sc/rj 17/ 36
H.F. 652 the tax credit is issued. 1 d. (1) To claim a tax credit under this section, a taxpayer 2 shall include one or more tax credit certificates with the 3 taxpayer’s tax return. 4 (2) The tax credit certificate shall contain the taxpayer’s 5 name, address, tax identification number, the amount of the 6 credit, and any other information required by the department. 7 (3) The tax credit certificate, unless rescinded by the 8 department, shall be accepted by the department as payment 9 for the taxes imposed under this division, subject to any 10 conditions or restrictions placed by the department upon 11 the face of the tax credit certificate and subject to the 12 limitations of this section. 13 NEW SUBSECTION . 4B. The maximum aggregate amount of tax 14 credits issued in a calendar year pursuant to this section 15 shall not exceed one million five hundred thousand dollars. 16 Sec. 47. EFFECTIVE UPON ENACTMENT. This division of this 17 Act, being deemed of immediate importance, takes effect upon 18 enactment. 19 Sec. 48. RETROACTIVE APPLICABILITY. The following 20 provision or provisions of this division of this Act apply 21 retroactively to January 1, 2017, for tax years beginning and 22 installations occurring on or after that date: 23 1. The sections of this division of this Act enacting 24 section 422.10A, subsections 4A and 4B. 25 Sec. 49. APPLICABILITY. The following provision or 26 provisions of this division of this Act apply to installations 27 occurring on or after the effective date of this division of 28 this Act: 29 1. The section of this division of this Act amending section 30 422.10A, subsection 2. 31 DIVISION X 32 INNOVATION FUND TAX CREDIT 33 Sec. 50. Section 15E.52, subsection 3, Code 2017, is amended 34 to read as follows: 35 -18- LSB 2629HV (3) 87 mm/sc/rj 18/ 36
H.F. 652 3. The amount of a tax credit allowed under this section 1 shall equal twenty-five twenty percent of the taxpayer’s equity 2 investment in an innovation fund. 3 Sec. 51. EFFECTIVE UPON ENACTMENT. This division of this 4 Act, being deemed of immediate importance, takes effect upon 5 enactment. 6 Sec. 52. APPLICABILITY. This division of this Act applies 7 to equity investments in an innovation fund made on or after 8 the effective date of this division of this Act, and equity 9 investments in an innovation fund made prior to the effective 10 date of this division of this Act shall be governed by section 11 15E.52, subsection 3, Code 2017. 12 DIVISION XI 13 ANGEL INVESTOR TAX CREDIT 14 Sec. 53. Section 15E.43, subsection 2, paragraph a, Code 15 2017, is amended to read as follows: 16 a. The amount of the tax credit shall equal twenty-five 17 twenty percent of the taxpayer’s equity investment. 18 Sec. 54. EFFECTIVE UPON ENACTMENT. This division of this 19 Act, being deemed of immediate importance, takes effect upon 20 enactment. 21 Sec. 55. APPLICABILITY. This division of this Act applies 22 to equity investments in a qualifying business made on or 23 after the effective date of this division of this Act, and 24 equity investments in a qualifying business made prior to the 25 effective date of this division of this Act shall be governed 26 by section 15E.43, subsection 2, paragraph “a”, Code 2017. 27 DIVISION XII 28 RESEARCH ACTIVITIES TAX CREDIT 29 Sec. 56. Section 15.335, subsection 8, Code 2017, is amended 30 to read as follows: 31 8. a. Except as provided in paragraph “b” , any credit in 32 excess of the taxpayer’s tax liability for the tax year is not 33 refundable but may be credited to the tax liability for the 34 following eight years or until depleted, whichever is earlier. 35 -19- LSB 2629HV (3) 87 mm/sc/rj 19/ 36
H.F. 652 b. Any For a credit earned by an eligible business that is 1 a new claimant, any credit in excess of the tax liability for 2 the taxable year shall be refunded with interest computed under 3 section 422.25 . In lieu of claiming a refund, a taxpayer may 4 elect to have the overpayment shown on its final, completed 5 return credited to the tax liability for the following year. 6 The amount of credit claimed by an individual or entity which 7 credit amount was received from a partnership, S corporation, 8 limited liability company, estate, or trust electing to 9 have the income taxed directly to the owners, shall not be 10 refundable pursuant to this paragraph “b” unless the eligible 11 business that ultimately earned the credit is a new claimant. 12 c. For purposes of this subsection, “new claimant” means the 13 same as defined in section 422.10, subsection 3, paragraph “c” . 14 Sec. 57. Section 422.10, subsection 1, paragraph a, 15 subparagraph (1), subparagraph divisions (a) and (b), Code 16 2017, are amended to read as follows: 17 (a) Six Five and one-half percent of the excess of qualified 18 research expenses during the tax year over the base amount for 19 the tax year based upon the state’s apportioned share of the 20 qualifying expenditures for increasing research activities. 21 (b) Six Five and one-half percent of the basic research 22 payments determined under section 41(e)(1)(A) of the Internal 23 Revenue Code during the tax year based upon the state’s 24 apportioned share of the qualifying expenditures for increasing 25 research activities. 26 Sec. 58. Section 422.10, subsection 1, paragraph c, Code 27 2017, is amended to read as follows: 28 c. For purposes of the alternate credit computation 29 method in paragraph “b” , the credit percentages applicable to 30 qualified research expenses described in section 41(c)(5)(A) 31 and clause (ii) of section 41(c)(5)(B) of the Internal Revenue 32 Code are four and fifty-five three and eighty-five hundredths 33 percent and one and ninety-five sixty-one hundredths percent, 34 respectively. 35 -20- LSB 2629HV (3) 87 mm/sc/rj 20/ 36
H.F. 652 Sec. 59. Section 422.10, subsection 2, Code 2017, is amended 1 to read as follows: 2 2. For purposes of this section , an individual may 3 claim a research credit incurred earned by a partnership, 4 S corporation, limited liability company, estate, or trust 5 electing to have the income taxed directly to the individual. 6 The amount claimed by the individual shall be based upon the 7 pro rata share of the individual’s earnings of a partnership, S 8 corporation, limited liability company, estate, or trust. 9 Sec. 60. Section 422.10, subsection 3, Code 2017, is amended 10 by adding the following new paragraph: 11 NEW PARAGRAPH . c. (1) For purposes of this section, 12 “new claimant” means an entity that did not earn the research 13 activities credit provided under this section, section 15.335, 14 or section 422.33, subsection 5, for a tax year ending on or 15 before January 1, 2014. 16 (2) An entity that meets the requirements of subparagraph 17 (1) shall be considered a new claimant for a period of five tax 18 years beginning with the first tax year for which the entity 19 earned the research activities credit provided under this 20 section, section 15.335, or section 422.33, subsection 5. 21 (3) Notwithstanding subparagraphs (1) and (2), an entity 22 shall not be considered a new claimant if such entity is an 23 affiliate of an entity that does not qualify as a new claimant 24 under subparagraph (1), or is an affiliate of an entity that 25 has exceeded the five-year period for a new claimant provided 26 under subparagraph (2). For purposes of this subparagraph (3), 27 “affiliate” means the same as defined in section 423.1. 28 Sec. 61. Section 422.10, subsection 4, Code 2017, is amended 29 to read as follows: 30 4. a. Except as provided in paragraph “b” , any credit in 31 excess of the taxpayer’s tax liability for the tax year is not 32 refundable but may be credited to the tax liability for the 33 following eight years or until depleted, whichever is earlier. 34 b. Any For a credit earned by an entity that is a new 35 -21- LSB 2629HV (3) 87 mm/sc/rj 21/ 36
H.F. 652 claimant, any credit in excess of the tax liability imposed by 1 section 422.5 less the amounts of nonrefundable credits allowed 2 under this division for the taxable year shall be refunded with 3 interest computed under section 422.25 . In lieu of claiming 4 a refund, a taxpayer may elect to have the overpayment shown 5 on the taxpayer’s final, completed return credited to the tax 6 liability for the following taxable year. The amount of credit 7 claimed by an individual or entity which credit amount was 8 received from a partnership, S corporation, limited liability 9 company, estate, or trust electing to have the income taxed 10 directly to the owners, shall not be refundable pursuant to 11 this paragraph “b” unless the partnership, S corporation, 12 limited liability company, estate, or trust that ultimately 13 earned the credit is a new claimant. 14 Sec. 62. Section 422.33, subsection 5, paragraph a, 15 subparagraphs (1) and (2), Code 2017, are amended to read as 16 follows: 17 (1) Six Five and one-half percent of the excess of qualified 18 research expenses during the tax year over the base amount for 19 the tax year based upon the state’s apportioned share of the 20 qualifying expenditures for increasing research activities. 21 (2) Six Five and one-half percent of the basic research 22 payments determined under section 41(e)(1)(A) of the Internal 23 Revenue Code during the tax year based upon the state’s 24 apportioned share of the qualifying expenditures for increasing 25 research activities. 26 Sec. 63. Section 422.33, subsection 5, paragraph d, Code 27 2017, is amended to read as follows: 28 d. For purposes of the alternate credit computation 29 method in paragraph “c” , the credit percentages applicable to 30 qualified research expenses described in section 41(c)(5)(A) 31 and clause (ii) of section 41(c)(5)(B) of the Internal Revenue 32 Code are four and fifty-five three and eighty-five hundredths 33 percent and one and ninety-five sixty-one hundredths percent, 34 respectively. 35 -22- LSB 2629HV (3) 87 mm/sc/rj 22/ 36
H.F. 652 Sec. 64. Section 422.33, subsection 5, paragraph f, Code 1 2017, is amended to read as follows: 2 f. (1) Except as provided in subparagraph (2), any credit 3 in excess of the taxpayer’s tax liability for the tax year is 4 not refundable but may be credited to the tax liability for the 5 following eight years or until depleted, whichever is earlier. 6 (2) Any For a credit earned by a corporation that is a new 7 claimant, any credit in excess of the tax liability for the 8 taxable year shall be refunded with interest computed under 9 section 422.25 . In lieu of claiming a refund, a taxpayer may 10 elect to have the overpayment shown on its final, completed 11 return credited to the tax liability for the following 12 taxable year. The amount of credit claimed by a corporation 13 which credit amount was received from a partnership, limited 14 liability company, estate, or trust electing to have the income 15 taxed directly to the owners, shall not be refundable pursuant 16 to this subparagraph (2) unless the partnership, limited 17 liability company, estate, or trust that ultimately earned the 18 credit is a new claimant. 19 (3) For purposes of this paragraph, “new claimant” means the 20 same as defined in section 422.10, subsection 3, paragraph “c” . 21 Sec. 65. EFFECTIVE DATE. 22 1. Except as provided in subsection 2, this division of this 23 Act takes effect January 1, 2018. 24 2. The following provision or provisions of this division 25 of this Act, being deemed of immediate importance, take effect 26 upon enactment: 27 a. The section of this division of this Act amending 28 section 422.10, subsection 1, paragraph “a”, subparagraph (1), 29 subparagraph divisions (a) and (b). 30 b. The section of this division of this Act amending section 31 422.10, subsection 1, paragraph “c”. 32 c. The section of this division of this Act amending section 33 422.33, subsection 5, paragraph “a”, subparagraphs (1) and (2). 34 d. The section of this division of this Act amending section 35 -23- LSB 2629HV (3) 87 mm/sc/rj 23/ 36
H.F. 652 422.33, subsection 5, paragraph “d”. 1 Sec. 66. RETROACTIVE AND OTHER APPLICABILITY. 2 1. Except as provided in subsection 2, this division of this 3 Act applies to tax years ending on or after January 1, 2018. 4 2. The following provision or provisions of this division of 5 this Act apply retroactively to January 1, 2017, for tax years 6 ending on or after that date: 7 a. The section of this division of this Act amending 8 section 422.10, subsection 1, paragraph “a”, subparagraph (1), 9 subparagraph divisions (a) and (b). 10 b. The section of this division of this Act amending section 11 422.10, subsection 1, paragraph “c”. 12 c. The section of this division of this Act amending section 13 422.33, subsection 5, paragraph “a”, subparagraphs (1) and (2). 14 d. The section of this division of this Act amending section 15 422.33, subsection 5, paragraph “d”. 16 Sec. 67. APPLICABILITY. The section of this division 17 of this Act amending section 15.335, subsection 8, applies 18 to research activities tax credit awards made under the high 19 quality jobs program on or after the enactment date of this 20 Act, and research activities tax credit awards made under the 21 high quality jobs program prior to the enactment date of this 22 Act shall be governed by section 15.335, subsection 8, Code 23 2017. 24 DIVISION XIII 25 ECONOMIC DEVELOPMENT AUTHORITY PROGRAMS AND AGGREGATE TAX 26 CREDIT LIMIT 27 Sec. 68. Section 15.119, subsection 1, Code 2017, is amended 28 to read as follows: 29 1. a. Notwithstanding any provision to the contrary in any 30 of the programs listed in subsection 2 , the authority, except 31 as provided in paragraph “b” , shall not authorize and award for 32 any one fiscal year an amount of tax credits for the programs 33 specified in subsection 2 that is in excess of one hundred 34 seventy twenty-eight million dollars. 35 -24- LSB 2629HV (3) 87 mm/sc/rj 24/ 36
H.F. 652 b. (1) The authority may authorize an amount of tax credits 1 during a fiscal year that is in excess of the amount specified 2 in paragraph “a” , but the amount of such excess shall not exceed 3 twenty percent of the amount specified in paragraph “a” , and 4 shall be counted against the total amount of tax credits that 5 may be authorized for the next fiscal year. 6 (2) Any amount of tax credits authorized and awarded during 7 a fiscal year for a program specified in subsection 2 which are 8 irrevocably declined by the awarded business on or before June 9 30 of the next fiscal year may be reallocated, authorized, and 10 awarded during the fiscal year in which the declination occurs. 11 Tax credits authorized pursuant to this subparagraph shall not 12 be considered for purposes of subparagraph (1). 13 Sec. 69. Section 15.119, subsection 2, paragraph a, Code 14 2017, is amended to read as follows: 15 a. (1) The high quality jobs program administered pursuant 16 to sections 15.326 through 15.336 . 17 (2) In allocating tax credits pursuant to this subsection 18 for the fiscal year beginning July 1, 2016, and ending June 30, 19 2017, the authority shall not allocate more than one hundred 20 five million dollars for purposes of this paragraph “a” . In 21 allocating tax credits pursuant to this subsection for each 22 fiscal year of the fiscal period beginning July 1, 2016 2017 , 23 and ending June 30, 2021, the authority shall not allocate more 24 than one hundred five sixty-five million dollars for purposes 25 of this paragraph “a” . This subparagraph (2) is repealed July 26 1, 2021. 27 (3) (a) In allocating tax credits pursuant to this 28 subsection for the fiscal year beginning July 1, 2021, and 29 ending June 30, 2022, the authority shall not allocate more 30 than one hundred five sixty-five million dollars for purposes 31 of this paragraph “a” if the aggregate amount of renewable 32 chemical production tax credits under section 15.319 that were 33 awarded on or after July 1, 2018, but before July 1, 2021, 34 equals or exceeds twenty-seven million dollars. 35 -25- LSB 2629HV (3) 87 mm/sc/rj 25/ 36
H.F. 652 (b) As soon as practicable after June 30, 2021, the 1 authority shall notify the general assembly of the aggregate 2 amount of renewable chemical production tax credits awarded 3 under section 15.319 on or after July 1, 2018, but before 4 July 1, 2021, and whether or not the tax credit allocation 5 limitation described in subparagraph division (a) is 6 applicable. 7 (c) If the tax credit allocation limitation described in 8 subparagraph division (a) is not applicable, the authority 9 shall not allocate more than eighty million dollars for 10 purposes of this paragraph “a” for the fiscal year beginning 11 July 1, 2021, and ending June 30, 2022. 12 (c) (d) This subparagraph (3) is repealed July 1, 2022. 13 (4) In allocating tax credits pursuant to this subsection 14 for fiscal years beginning on or after July 1, 2022, the 15 authority shall not allocate more than eighty million dollars 16 for purposes of this paragraph “a” . 17 Sec. 70. Section 15.119, subsection 3, Code 2017, is amended 18 to read as follows: 19 3. In allocating the amount of tax credits authorized 20 pursuant to subsection 1 among the programs specified in 21 subsection 2 , the authority shall not allocate more than ten 22 eight million dollars for purposes of subsection 2 , paragraph 23 “f” . 24 DIVISION XIV 25 TRANSFERS TO CASH RESERVE FUND AND TAXPAYERS TRUST FUND 26 Sec. 71. Section 8.57E, subsection 2, Code 2017, is amended 27 to read as follows: 28 2. a. Moneys in the taxpayers trust fund shall only be used 29 pursuant to appropriations or transfers made by the general 30 assembly for tax relief. 31 b. During each fiscal year beginning on or after July 1, 32 2014, in which the balance of the taxpayers trust fund equals 33 or exceeds thirty million dollars , exclusive of the balance 34 of the tax expenditure limitation account in subsection 2A , 35 -26- LSB 2629HV (3) 87 mm/sc/rj 26/ 36
H.F. 652 there is transferred from the taxpayers trust fund to the 1 Iowa taxpayers trust fund tax credit fund created in section 2 422.11E , the entire balance of the taxpayers trust fund , except 3 the balance of the tax expenditure limitation account in 4 subsection 2A, to be used for the Iowa taxpayers trust fund tax 5 credit in accordance with section 422.11E, subsection 5 . 6 Sec. 72. Section 8.57E, Code 2017, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 2A. A tax expenditure limitation account 9 shall be created as a separate account in the taxpayers trust 10 fund that shall consist of transfers made pursuant to the 11 section of this division of this Act entitled designated 12 transfers, and moneys in the account shall not be commingled 13 with other moneys within the taxpayers trust fund. Interest or 14 earnings on moneys deposited in the account shall be credited 15 to the account. 16 Sec. 73. Section 8.57E, subsection 4, Code 2017, is amended 17 to read as follows: 18 4. Notwithstanding section 12C.7, subsection 2 , interest or 19 earnings on moneys deposited in the taxpayers trust fund shall 20 be credited to the fund and, if applicable, to the appropriate 21 account within the fund . 22 Sec. 74. DESIGNATED TRANSFERS. 23 1. It is the intent of the general assembly and the purposes 24 of this subsection that the increased revenues to the general 25 fund of the state resulting from the provisions of this Act, as 26 estimated by the department of revenue, shall be transferred 27 for a period of time to the cash reserve fund created in 28 section 8.56 and the taxpayers trust fund created in section 29 8.57E and, to that end, the following transfers shall be made: 30 a. During the fiscal year beginning July 1, 2017, and ending 31 June 30, 2018, there is transferred from the general fund of 32 the state to the cash reserve fund created in section 8.56, 33 seven million three hundred fifty-eight thousand three hundred 34 fifty-two dollars. 35 -27- LSB 2629HV (3) 87 mm/sc/rj 27/ 36
H.F. 652 b. During the fiscal year beginning July 1, 2018, and ending 1 June 30, 2019, there is transferred from the general fund of 2 the state to the tax expenditure limitation account in the 3 taxpayers trust fund created in section 8.57E, thirty-three 4 million five hundred six thousand eight hundred fifteen 5 dollars. 6 c. During the fiscal year beginning July 1, 2019, and ending 7 June 30, 2020, there is transferred from the general fund of 8 the state to the tax expenditure limitation account in the 9 taxpayers trust fund created in section 8.57E, fifty-seven 10 million six hundred ninety-three thousand one hundred forty-one 11 dollars. 12 d. During the fiscal year beginning July 1, 2020, and 13 ending June 30, 2021, there is transferred from the general 14 fund of the state to the tax expenditure limitation account in 15 the taxpayers trust fund created in section 8.57E, sixty-five 16 million two hundred thirteen thousand thirty-seven dollars. 17 2. It is the intent of the general assembly that the 18 increased revenues to the general fund of the state resulting 19 from the provisions of this Act in fiscal years beginning on 20 or after July 1, 2021, shall, at a future time, be estimated 21 by the department of revenue and transferred by an Act of the 22 general assembly to the tax expenditure limitation account in 23 the taxpayers trust fund created in section 8.57E. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill relates to state revenue and finance by modifying 28 numerous tax credits and tax credit programs and providing for 29 transfers to the cash reserve fund and the taxpayers trust 30 fund. 31 DIVISION I —— BEGINNING FARMER TAX CREDITS. Division 32 I reduces the tax credit rates of the agricultural assets 33 transfer tax credit in Code section 16.80 from 7 percent to 34 6 percent of the gross amount paid to a taxpayer pursuant 35 -28- LSB 2629HV (3) 87 mm/sc/rj 28/ 36
H.F. 652 to an agricultural assets transfer agreement that includes a 1 lease on a cash basis, and from 17 percent to 16 percent of 2 the amount paid to the taxpayer under an agricultural assets 3 transfer agreement that includes a lease on a commodity share 4 basis. These changes take effect upon enactment and apply 5 retroactively to January 1, 2017, for tax years beginning on 6 or after that date. 7 The current agricultural assets transfer tax credit program 8 is scheduled under current law to be substantially modified 9 beginning on January 1, 2018, and the division reduces the 10 tax credit rates under that modified program from 5 percent 11 to 4.5 percent of the amount paid under an agreement, or from 12 15 percent to 14 percent of the amount paid for the sale of 13 crops or animals for certain agreements in which the payment 14 is exclusively made from the sale of crops or animals. These 15 changes take effect January 1, 2018, and apply to tax years 16 beginning on or after that date. 17 The division also reduces the tax credit rates of the custom 18 farming contract tax credit from 7 percent to 6 percent of the 19 gross amount paid to the qualified beginning farmer under a 20 contract. These changes take effect upon enactment and apply 21 retroactively to January 1, 2017, for tax years beginning on 22 or after that date. 23 DIVISIONS II THROUGH V —— FUEL TAX CREDITS. Divisions II 24 through V make several changes to the biodiesel blended fuel 25 tax credit under Code section 422.11P, the E-15 plus gasoline 26 promotion tax credit under Code section 422.11Y, the E-85 27 gasoline promotion tax credit under Code section 422.11O, and 28 the ethanol promotion tax credit under Code section 422.11N 29 (collectively referred to as the “fuel tax credits”). 30 Under current law, the fuel tax credits have no limit on 31 the aggregate amounts that may be claimed annually. The bill 32 limits the maximum aggregate amount of tax credits that may 33 be claimed to $16 million per calendar year for the biodiesel 34 blended fuel tax credit, to $430,200 per calendar year for the 35 -29- LSB 2629HV (3) 87 mm/sc/rj 29/ 36
H.F. 652 E-15 plus gasoline promotion tax credit, to $2,511,100 per 1 calendar year for the E-85 gasoline promotion tax credit, and 2 to $1,071,500 per calendar year for the ethanol promotion tax 3 credit. 4 Under current law, the fuel tax credits are all administered 5 in a substantially similar manner and provide that a tax credit 6 may be claimed by any retail dealer who meets the statutory 7 requirements on a fiscal year or calendar year basis, depending 8 on the tax year of the retail dealer. The bill provides 9 that the fuel tax credits shall be calculated on a calendar 10 year basis, and requires a retail dealer to submit an annual 11 application to the department of revenue (DOR) in the manner 12 and form prescribed by DOR. DOR is allowed to establish an 13 application deadline or to require a retail dealer to apply 14 for the fuel tax credits on or in conjunction with the retail 15 dealer’s annual motor fuel gallonage report required under Code 16 section 452A.33. The bill requires DOR to issue tax credit 17 certificates to retail dealers for qualifying fuel tax credits, 18 which tax credit certificates may be used as described in the 19 bill to claim the applicable fuel tax credit. If the aggregate 20 amount of fuel tax credit claims for a calendar year for any 21 particular fuel tax credit exceeds the applicable maximum limit 22 described above, DOR is required to reduce all tax credit 23 claims for that fuel tax credit in a prorated fashion until the 24 aggregate tax credit claims equal the applicable maximum amount 25 described above. 26 The bill includes transition provisions for a retail dealer 27 with a fiscal tax year that apply to the retail dealer’s 28 2016-2017 tax year and that, in general, require a retail 29 dealer to calculate a fuel tax credit under current law for 30 that portion of the tax year that covers 2016, and then under 31 the applicable Code sections as amended in the bill for any 32 period beginning on or after January 1, 2017. 33 Divisions II through V take effect upon enactment and apply 34 retroactively to January 1, 2017, for tax years beginning on 35 -30- LSB 2629HV (3) 87 mm/sc/rj 30/ 36
H.F. 652 or after that date, and for biodiesel blended fuel, qualifying 1 ethanol blended gasoline, E-85 gasoline, or ethanol blended 2 gasoline sold on or after that date. 3 DIVISION VI —— HISTORIC PRESERVATION AND CULTURAL AND 4 ENTERTAINMENT DISTRICT TAX CREDIT. Division VI reduces the 5 tax credit rate of the historic preservation and cultural and 6 entertainment district tax credit in Code chapter 404A from 25 7 percent to 15 percent of a qualified rehabilitation project’s 8 expenditures. This change applies to qualified rehabilitation 9 projects registered on or after July 1, 2017. 10 The division also reduces from $45 million to $35 million the 11 amount of tax credits that may be awarded each fiscal year by 12 the economic development authority (EDA). This change takes 13 effect July 1, 2017. 14 DIVISION VII —— SOLAR ENERGY SYSTEM TAX CREDIT. Division 15 VII reduces the tax credit rate of the solar energy system tax 16 credit in Code section 422.11L from 50 percent to 40 percent 17 of the applicable federal energy tax credits available for the 18 installation of certain solar energy property. This change 19 takes effect upon enactment and applies to installations 20 occurring on or after that date. 21 The division also reduces from $5 million to $4 million 22 the cumulative value of tax credits that may be claimed 23 annually. This change takes effect upon enactment and applies 24 retroactively to January 1, 2017, for tax years beginning on 25 or after that date. 26 DIVISION VIII —— GEOTHERMAL HEAT PUMP TAX CREDIT. Division 27 VIII reduces the tax credit rate of the geothermal heat pump 28 tax credit in Code section 422.11I from 20 percent to 16 29 percent of the applicable federal energy tax credit available 30 for the installation of certain geothermal heat pump property. 31 Under current law, there is no limit on the aggregate amount 32 of tax credits that may be claimed annually. The division 33 limits the maximum aggregate amount of tax credits per calendar 34 year to $376,020, and requires a taxpayer to apply to DOR to 35 -31- LSB 2629HV (3) 87 mm/sc/rj 31/ 36
H.F. 652 receive the tax credit. The tax credit application must be 1 filed by May 1 following the calendar year of the qualified 2 geothermal heat pump property installation. The division 3 requires DOR to issue tax credit certificates to qualifying 4 taxpayers on a first-come, first-served basis until the 5 annual limit ($376,020) is reached, and establishes a wait 6 list for qualifying taxpayers who do not receive a tax credit 7 certificate because the tax credit limit has been reached. 8 Taxpayers shall be placed on the wait list in the order the 9 applications are received and shall be given priority for 10 receiving a tax credit certificate in a future year, contingent 11 on the availability of tax credits in that particular year. 12 Tax credit certificates may be used as described in the 13 division to claim the geothermal heat pump tax credit. 14 The division takes effect upon enactment and applies 15 retroactively to January 1, 2017, for tax years beginning on 16 or after that date. 17 DIVISION IX —— GEOTHERMAL TAX CREDIT. Division IX reduces 18 the tax credit rate of the geothermal tax credit in Code 19 section 422.10A from 10 percent to 8 percent of a taxpayer’s 20 qualified geothermal heat pump property expenditures. This 21 change takes effect upon enactment and applies to qualified 22 geothermal heat pump property installations occurring on or 23 after that date. 24 Under current law, there is no limit on the aggregate amount 25 of tax credits that may be claimed annually. The division 26 limits the maximum aggregate amount of tax credits per calendar 27 year to $1.5 million, and requires a taxpayer to apply to DOR 28 to receive the tax credit. The tax credit application must be 29 filed by May 1 following the calendar year of the qualified 30 geothermal heat pump property installation. The division 31 requires DOR to issue tax credit certificates to qualifying 32 taxpayers on a first-come, first-served basis until the annual 33 limit ($1.5 million) is reached, and establishes a wait list 34 for qualifying taxpayers who do not receive a tax credit 35 -32- LSB 2629HV (3) 87 mm/sc/rj 32/ 36
H.F. 652 certificate because the tax credit limit has been reached. 1 Taxpayers shall be placed on the wait list in the order the 2 applications are received and shall be given priority for 3 receiving a tax credit certificate in a future year, contingent 4 on the availability of tax credits in that particular year. 5 Tax credit certificates may be used as described in the 6 division to claim the geothermal tax credit. These provisions 7 take effect upon enactment and apply retroactively to January 8 1, 2017, for tax years beginning on or after that date, and 9 for geothermal heat pump property installations occurring on 10 or after that date. 11 DIVISION X —— INNOVATION FUND TAX CREDIT. Division X reduces 12 the tax credit rate of the innovation fund tax credit in Code 13 section 15E.52 from 25 percent to 20 percent of a taxpayer’s 14 equity investment in an innovation fund. The division takes 15 effect upon enactment and applies to equity investments in an 16 innovation fund made on or after that date. 17 DIVISION XI —— ANGEL INVESTOR TAX CREDIT. Division XI 18 reduces the tax credit rate of the tax credit for investments 19 in a qualifying business (angel investor tax credit) in Code 20 section 15E.43 from 25 percent to 20 percent of a taxpayer’s 21 equity investment. The division takes effect upon enactment 22 and applies to equity investments in a qualifying business made 23 on or after that date. 24 DIVISION XII —— RESEARCH ACTIVITIES TAX CREDIT. Division 25 XII makes several changes to the research activities tax 26 credits under Code sections 15.335, 422.10, and 422.33(5). 27 With regard to the research activities tax credits available 28 under the individual income tax (Code section 422.10) and the 29 corporate income tax (Code section 422.33(5)), the division 30 reduces the tax credit rate for the regular calculation method 31 from 6.5 percent to 5.5 percent, and the tax credit rates for 32 the alternative simplified calculation method from 4.55 and 33 1.95 percents to 3.85 and 1.61 percents, respectively. These 34 changes take effect upon enactment and apply retroactively to 35 -33- LSB 2629HV (3) 87 mm/sc/rj 33/ 36
H.F. 652 January 1, 2017, for tax years ending on or after that date. 1 Under current law, any research activities tax credit in 2 excess of a taxpayer’s tax liability is refundable to the 3 taxpayer. The division provides that research activities tax 4 credits will no longer be refundable for tax years ending on 5 or after January 1, 2018, unless the taxpayer is considered 6 a new claimant, but any excess may be carried forward for up 7 to eight years. The division defines “new claimant” to be an 8 entity that did not earn a research activities tax credit for 9 a tax year ending on or before January 1, 2014. A qualifying 10 entity shall be considered a new claimant for a period of five 11 tax years beginning with the first tax year for which the 12 entity earns a research activities tax credit. However, an 13 entity shall not be considered a new claimant if the entity is 14 an affiliate of an entity that does not qualify or no longer 15 qualifies as a new claimant. “Affiliate” is defined in the 16 division. 17 Research activities tax credits claimed by an individual or 18 entity which credits were received from another pass-through 19 entity shall not be considered refundable unless the entity 20 that ultimately earned the tax credit qualified as a new 21 claimant. 22 These provisions relating to refundability take effect 23 January 1, 2018, and apply to tax years ending on or after that 24 date. However, the provisions relating to the refundability of 25 the supplemental research activities tax credits (Code section 26 15.335) awarded by EDA under the high quality jobs program 27 apply to supplemental research activities tax credits awarded 28 on or after the enactment date of the bill. 29 DIVISION XIII —— ECONOMIC DEVELOPMENT AUTHORITY PROGRAMS AND 30 AGGREGATE TAX CREDIT LIMIT. Current law in Code section 15.119 31 limits to $170 million the amount of tax credits that may 32 be awarded by EDA per fiscal year under certain EDA programs 33 (maximum aggregate tax credit limit). EDA may award up to 20 34 percent more tax credits than that amount during a fiscal year, 35 -34- LSB 2629HV (3) 87 mm/sc/rj 34/ 36
H.F. 652 but the excess is counted against the maximum aggregate tax 1 credit limit for the next fiscal year. The bill decreases the 2 maximum aggregate tax credit limit from $170 million to $128 3 million and strikes EDA’s ability to exceed that amount during 4 a fiscal year, for fiscal years beginning on or after July 1, 5 2017. 6 Also under current law, the programs under EDA’s maximum 7 aggregate tax credit limit are also subject to annual tax 8 credit award limits, including the redevelopment tax credit 9 program in Code sections 15.293A and 15.293B and the high 10 quality jobs program administered pursuant to Code sections 11 15.326 through 15.336. The division reduces the maximum amount 12 of redevelopment tax credits that may be awarded per fiscal 13 year from $10 million to $8 million for fiscal years beginning 14 on or after July 1, 2017. The division reduces the maximum 15 amount of high quality jobs program tax credits that may be 16 awarded per fiscal year from $105 million to $65 million for 17 each fiscal year of the four-year fiscal period beginning July 18 1, 2017, and ending June 30, 2021. The division provides that 19 the maximum amount of high quality jobs program tax credits 20 that may be awarded for FY 2021-2022 will be $65 million if 21 the renewable chemical tax credit allocation limit described 22 in Code section 15.119(2)(a)(3) is satisfied, or will be $80 23 million if not satisfied. For fiscal years beginning on or 24 after July 1, 2022, the maximum amount of high quality jobs 25 program tax credits that may be awarded per fiscal year shall 26 be $80 million. 27 DIVISION XIV —— TRANSFERS TO CASH RESERVE FUND AND TAXPAYERS 28 TRUST FUND. Division XIV makes various transfers for four 29 fiscal years of the estimated increased revenues from the tax 30 credit changes in the bill. For FY 2017-2018, the division 31 transfers $7,358,352 from the general fund to the cash 32 reserve fund created in Code section 8.56. For FY 2018-2019, 33 FY 2019-2020, and FY 2020-2021, the division transfers 34 $33,506,815, $57,693,141, and $65,213,037, respectively, from 35 -35- LSB 2629HV (3) 87 mm/sc/rj 35/ 36
H.F. 652 the general fund of the state to a tax expenditure limitation 1 account created in the division within the taxpayers trust fund 2 created in Code section 8.57E. 3 The division also provides that it is the intent of the 4 general assembly that the increased revenues from the tax 5 credit changes in the bill in fiscal years beginning on or 6 after July 1, 2022, shall, in the future, be estimated by DOR 7 and transferred by an Act of the general assembly to the tax 8 expenditure limitation account within the taxpayers trust fund. 9 -36- LSB 2629HV (3) 87 mm/sc/rj 36/ 36