Senate
File
153
-
Introduced
SENATE
FILE
153
BY
ZAUN
A
BILL
FOR
An
Act
creating
an
exemption
from
the
computation
of
the
state
1
individual
income
tax
of
net
capital
gains
from
the
sale
2
of
an
equity
investment
in
a
qualified
Iowa
business
and
3
including
retroactive
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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153
Section
1.
Section
422.7,
Code
2017,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
51.
a.
Subtract,
to
the
extent
included,
3
the
net
capital
gains
from
the
sale
of
an
equity
investment
in
4
a
qualified
Iowa
business.
5
b.
In
order
to
be
eligible
for
the
deduction
in
paragraph
6
“a”
,
the
taxpayer
must
be
a
resident
of
this
state.
7
c.
For
purposes
of
this
subsection:
8
(1)
“Equity
investment”
means
an
equity
interest
in
a
9
business
which
equity
interest
was
received
in
exchange
for
10
a
capital
contribution
or
payment
in
the
form
of
cash,
real
11
property,
or
tangible
personal
property.
12
(2)
“Qualified
Iowa
business”
means
a
business
whose
13
commercial
domicile,
as
defined
in
section
422.32,
is
14
in
this
state,
and
includes
a
sole
proprietorship,
joint
15
venture,
partnership,
limited
liability
company,
corporation,
16
association,
or
any
other
business
entity
operated
for
profit.
17
Sec.
2.
RETROACTIVE
APPLICABILITY.
This
Act
applies
18
retroactively
to
January
1,
2017,
for
tax
years
beginning
on
19
or
after
that
date.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
creates
an
exemption
from
the
computation
of
net
24
income
for
the
individual
income
tax
of
net
capital
gains
25
from
the
sale
of
an
equity
investment
in
a
qualified
Iowa
26
business.
“Equity
investment”
is
defined
as
an
equity
interest
27
in
a
business
that
was
received
in
exchange
for
a
capital
28
contribution
or
payment
in
the
form
of
cash,
real
property,
29
or
tangible
personal
property.
“Qualified
Iowa
business”
is
30
defined
as
any
business
operated
for
profit
whose
commercial
31
domicile
is
in
Iowa.
In
order
to
be
eligible
for
the
exemption
32
a
taxpayer
must
be
a
resident
of
Iowa.
33
The
bill
applies
retroactively
to
January
1,
2017,
for
tax
34
years
beginning
on
or
after
that
date.
35
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