Senate
File
2384
-
Introduced
SENATE
FILE
2384
BY
BOWMAN
,
ALLEN
,
KINNEY
,
RAGAN
,
and
HART
A
BILL
FOR
An
Act
updating
the
Code
references
to
the
Internal
Revenue
1
Code
and
decoupling
from
certain
bonus
depreciation
2
provisions
and
qualified
business
income
provisions,
and
3
including
effective
date
and
retroactive
applicability
4
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
15.335,
subsection
7,
paragraph
b,
Code
1
2018,
is
amended
to
read
as
follows:
2
b.
For
purposes
of
this
section
,
“Internal
Revenue
Code”
3
means
the
Internal
Revenue
Code
of
1954,
prior
to
the
date
of
4
its
redesignation
as
the
Internal
Revenue
Code
of
1986
by
the
5
Tax
Reform
Act
of
1986,
or
means
the
Internal
Revenue
Code
of
6
1986
as
amended
and
in
effect
on
January
1,
2016
2018
.
This
7
definition
shall
not
be
construed
to
include
any
amendment
to
8
the
Internal
Revenue
Code
enacted
after
the
date
specified
9
in
the
preceding
sentence,
including
any
amendment
with
10
retroactive
applicability
or
effectiveness.
11
Sec.
2.
Section
422.3,
subsection
5,
Code
2018,
is
amended
12
to
read
as
follows:
13
5.
“Internal
Revenue
Code”
means
the
Internal
Revenue
Code
14
of
1954,
prior
to
the
date
of
its
redesignation
as
the
Internal
15
Revenue
Code
of
1986
by
the
Tax
Reform
Act
of
1986,
or
means
16
the
Internal
Revenue
Code
of
1986
as
amended
and
in
effect
on
17
January
1,
2015
2018
.
This
definition
shall
not
be
construed
18
to
include
any
amendment
to
the
Internal
Revenue
Code
enacted
19
after
the
date
specified
in
the
preceding
sentence,
including
20
any
amendment
with
retroactive
applicability
or
effectiveness.
21
Sec.
3.
Section
422.4,
subsection
16,
Code
2018,
is
amended
22
to
read
as
follows:
23
16.
The
words
“taxable
income”
mean
the
net
income
as
24
defined
in
section
422.7
minus
the
deductions
allowed
by
25
section
422.9
,
in
the
case
of
individuals;
in
the
case
of
26
estates
or
trusts,
the
words
“taxable
income”
mean
the
taxable
27
income
(without
a
deduction
for
personal
exemption)
as
28
computed
for
federal
income
tax
purposes
under
the
Internal
29
Revenue
Code,
but
with
the
following
adjustments
specified
in
30
section
422.7
plus
the
Iowa
income
tax
deducted
in
computing
31
the
federal
taxable
income
and
minus
federal
income
taxes
as
32
provided
in
section
422.9
.
:
33
a.
Add
back
the
personal
exemption
deduction
taken
in
34
computing
federal
taxable
income.
35
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b.
Make
the
adjustments
specified
in
section
422.7.
1
c.
Add
back
Iowa
income
tax
deducted
in
computing
federal
2
taxable
income.
3
d.
Subtract
federal
income
taxes
as
provided
in
section
4
422.9.
5
e.
Add
back
the
qualified
business
income
deduction
under
6
section
199A
of
the
Internal
Revenue
Code
taken
in
computing
7
federal
taxable
income.
8
Sec.
4.
Section
422.7,
subsection
39A,
unnumbered
paragraph
9
1,
Code
2018,
is
amended
to
read
as
follows:
10
The
additional
first-year
depreciation
allowance
authorized
11
in
section
168(k)
of
the
Internal
Revenue
Code,
as
enacted
by
12
Pub.
L.
No.
110-185,
§103,
Pub.
L.
No.
111-5,
§1201,
Pub.
L.
13
No.
111-240,
§2022,
Pub.
L.
No.
111-312,
§401,
Pub.
L.
No.
14
112-240,
§331,
and
Pub.
L.
No.
113-295,
§125,
Pub.
L.
No.
15
114-113,
division
Q,
§143,
and
Pub.
L.
No.
115-97,
§13201,
does
16
not
apply
in
computing
net
income
for
state
tax
purposes.
If
17
the
taxpayer
has
taken
the
additional
first-year
depreciation
18
allowance
for
purposes
of
computing
federal
adjusted
gross
19
income,
then
the
taxpayer
shall
make
the
following
adjustments
20
to
federal
adjusted
gross
income
when
computing
net
income
for
21
state
tax
purposes:
22
Sec.
5.
Section
422.9,
subsection
2,
unnumbered
paragraph
23
1,
Code
2018,
is
amended
to
read
as
follows:
24
The
total
of
contributions,
interest,
taxes,
medical
25
expense,
nonbusiness
losses,
and
miscellaneous
expenses
26
deductible
for
federal
income
tax
purposes
under
the
Internal
27
Revenue
Code
but
not
including
the
qualified
business
income
28
deduction
provided
under
section
199A
of
the
Internal
Revenue
29
Code
,
with
the
following
adjustments:
30
Sec.
6.
Section
422.9,
subsection
2,
paragraph
i,
Code
2018,
31
is
amended
to
read
as
follows:
32
i.
The
deduction
for
state
sales
and
use
taxes
is
allowable
33
only
if
the
taxpayer
elected
to
deduct
the
state
sales
and
use
34
taxes
in
lieu
of
state
income
taxes
under
section
164
of
the
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Internal
Revenue
Code.
A
deduction
for
state
sales
and
use
1
taxes
is
not
allowed
if
the
taxpayer
has
taken
the
deduction
2
for
state
income
taxes
or
claimed
the
standard
deduction
under
3
section
63
of
the
Internal
Revenue
Code.
This
paragraph
4
applies
to
taxable
years
beginning
after
December
31,
2003,
and
5
before
January
1,
2008,
and
to
taxable
years
beginning
after
6
December
31,
2009,
and
before
January
1,
2015
December
31,
7
2017
.
8
Sec.
7.
Section
422.9,
subsection
3,
paragraph
d,
Code
2018,
9
is
amended
to
read
as
follows:
10
d.
Notwithstanding
paragraph
“a”
,
for
a
taxpayer
who
is
11
engaged
in
the
trade
or
business
of
farming
as
defined
in
12
section
263A(e)(4)
of
the
Internal
Revenue
Code
and
has
a
loss
13
from
farming
as
defined
in
section
172(b)(1)(F)
172(b)(1)(B)
of
14
the
Internal
Revenue
Code
including
modifications
prescribed
by
15
rule
by
the
director,
the
Iowa
loss
from
the
trade
or
business
16
of
farming
is
a
net
operating
loss
which
may
be
carried
back
17
five
taxable
years
prior
to
the
taxable
year
of
the
loss.
18
Sec.
8.
Section
422.10,
subsection
3,
paragraph
b,
Code
19
2018,
is
amended
to
read
as
follows:
20
b.
For
purposes
of
this
section
,
“Internal
Revenue
Code”
21
means
the
Internal
Revenue
Code
of
1954,
prior
to
the
date
of
22
its
redesignation
as
the
Internal
Revenue
Code
of
1986
by
the
23
Tax
Reform
Act
of
1986,
or
means
the
Internal
Revenue
Code
of
24
1986
as
amended
and
in
effect
on
January
1,
2016
2018
.
This
25
definition
shall
not
be
construed
to
include
any
amendment
to
26
the
Internal
Revenue
Code
enacted
after
the
date
specified
27
in
the
preceding
sentence,
including
any
amendment
with
28
retroactive
applicability
or
effectiveness.
29
Sec.
9.
Section
422.11L,
subsection
6,
Code
2018,
is
amended
30
to
read
as
follows:
31
6.
For
purposes
of
this
section
,
“Internal
Revenue
Code”
32
means
the
Internal
Revenue
Code
of
1954,
prior
to
the
date
of
33
its
redesignation
as
the
Internal
Revenue
Code
of
1986
by
the
34
Tax
Reform
Act
of
1986,
or
means
the
Internal
Revenue
Code
of
35
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2384
1986
as
amended
and
in
effect
on
January
1,
2016
2018
.
This
1
definition
shall
not
be
construed
to
include
any
amendment
to
2
the
Internal
Revenue
Code
enacted
after
the
date
specified
3
in
the
preceding
sentence,
including
any
amendment
with
4
retroactive
applicability
or
effectiveness.
5
Sec.
10.
Section
422.32,
subsection
1,
paragraph
h,
Code
6
2018,
is
amended
to
read
as
follows:
7
h.
“Internal
Revenue
Code”
means
the
Internal
Revenue
Code
8
of
1954,
prior
to
the
date
of
its
redesignation
as
the
Internal
9
Revenue
Code
of
1986
by
the
Tax
Reform
Act
of
1986,
or
means
10
the
Internal
Revenue
Code
of
1986
as
amended
and
in
effect
on
11
January
1,
2015
2018
.
This
definition
shall
not
be
construed
12
to
include
any
amendment
to
the
Internal
Revenue
Code
enacted
13
after
the
date
specified
in
the
preceding
sentence,
including
14
any
amendment
with
retroactive
applicability
or
effectiveness.
15
Sec.
11.
Section
422.33,
subsection
5,
paragraph
e,
16
subparagraph
(2),
Code
2018,
is
amended
to
read
as
follows:
17
(2)
For
purposes
of
this
subsection
,
“Internal
Revenue
18
Code”
means
the
Internal
Revenue
Code
of
1954,
prior
to
the
19
date
of
its
redesignation
as
the
Internal
Revenue
Code
of
1986
20
by
the
Tax
Reform
Act
of
1986,
or
means
the
Internal
Revenue
21
Code
of
1986
as
amended
and
in
effect
on
January
1,
2016
22
2018
.
This
definition
shall
not
be
construed
to
include
any
23
amendment
to
the
Internal
Revenue
Code
enacted
after
the
date
24
specified
in
the
preceding
sentence,
including
any
amendment
25
with
retroactive
applicability
or
effectiveness.
26
Sec.
12.
Section
422.35,
subsection
19A,
unnumbered
27
paragraph
1,
Code
2018,
is
amended
to
read
as
follows:
28
The
additional
first-year
depreciation
allowance
authorized
29
in
section
168(k)
of
the
Internal
Revenue
Code,
as
enacted
by
30
Pub.
L.
No.
110-185,
§103,
Pub.
L.
No.
111-5,
§1201,
Pub.
L.
31
No.
111-240,
§2022,
Pub.
L.
No.
111-312,
§401,
Pub.
L.
No.
32
112-240,
§331,
and
Pub.
L.
No.
113-295,
§125,
Pub.
L.
No.
33
114-113,
division
Q,
§143,
and
Pub.
L.
No.
115-97,
§13201,
does
34
not
apply
in
computing
net
income
for
state
tax
purposes.
If
35
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7
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2384
the
taxpayer
has
taken
the
additional
first-year
depreciation
1
allowance
for
purposes
of
computing
federal
taxable
income,
2
then
the
taxpayer
shall
make
the
following
adjustments
to
3
federal
taxable
income
when
computing
net
income
for
state
tax
4
purposes:
5
Sec.
13.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
6
immediate
importance,
takes
effect
upon
enactment.
7
Sec.
14.
RETROACTIVE
APPLICABILITY.
This
Act
applies
8
retroactively
to
January
1,
2018,
for
tax
years
beginning
on
9
or
after
that
date.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
Under
current
law
with
the
exception
of
the
solar
energy
14
system
tax
credit
and
the
research
activities
tax
credits,
Iowa
15
Code
references
to
the
Internal
Revenue
Code
(IRC)
include
16
the
IRC
in
effect
on
January
1,
2015,
meaning
federal
income
17
tax
revisions
made
by
Congress
in
2015
through
2017
are
not
18
applicable
for
Iowa
tax
purposes.
This
bill
updates
the
Code
19
references
to
the
IRC
to
make
those
2015
through
2017
federal
20
income
tax
revisions,
including
revisions
made
in
the
federal
21
Protecting
Americans
from
Tax
Hikes
Act
of
2015
(PATH
Act)
22
and
in
the
federal
Tax
Cuts
and
Jobs
Act
of
2017,
applicable
23
for
Iowa
tax
purposes,
except
for
certain
revisions
described
24
below.
25
The
bill
amends
Code
sections
422.3
and
422.32,
general
26
definition
sections
in
the
chapter
of
the
Code
that
governs
27
individual
and
corporate
income
tax
and
the
franchise
tax
on
28
financial
institutions,
to
update
the
references
to
the
IRC.
29
The
bill
amends
Code
sections
15.335,
422.10,
and
422.33
30
to
update
the
references
to
the
IRC
for
the
state
research
31
activities
credit
for
individuals,
corporations,
and
32
corporations
participating
in
certain
economic
development
33
programs
to
include
the
2016
and
2017
federal
changes,
if
any,
34
made
to
the
research
activities
credit
and
the
alternative
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simplified
research
activities
credit.
1
The
bill
amends
Code
section
422.11L
to
update
the
reference
2
to
the
IRC
for
the
state
solar
energy
system
credit
to
include
3
2016
and
2017
federal
changes,
if
any,
made
to
these
federal
4
credits.
5
Code
section
422.9
provides
individuals
a
deduction
from
net
6
income
for
state
sales
and
use
taxes
if
the
individual
chose
7
to
deduct
sales
and
use
tax
in
lieu
of
state
income
taxes
or
8
the
standard
deduction
for
federal
income
tax
purposes.
This
9
deduction
was
set
to
expire
under
both
federal
and
Iowa
law
for
10
tax
years
beginning
on
or
after
January
1,
2015.
The
federal
11
PATH
Act
of
2015
made
the
federal
deduction
permanent.
The
12
bill
allows
the
Iowa
deduction
and
makes
it
permanent
for
tax
13
years
beginning
on
or
after
January
1,
2018.
14
The
bill
decouples,
for
Iowa
individual
income
tax
purposes,
15
from
the
qualified
business
income
deduction
enacted
in
the
16
federal
Tax
Cuts
and
Jobs
Act
of
2017.
This
federal
qualified
17
business
income
deduction
is
provided
to
noncorporate
taxpayers
18
for
up
to
20
percent
of
certain
domestic
qualified
business
19
income
earned
by
a
taxpayer
from
a
partnership,
S
corporation,
20
limited
liability
company,
other
pass-through
entity,
or
a
sole
21
proprietorship.
22
The
bill
also
decouples,
for
Iowa
individual
and
corporate
23
income
tax
and
franchise
tax
purposes,
from
the
federal
24
additional
first-year
depreciation
allowance
in
section
168(k)
25
of
the
IRC
(bonus
depreciation)
which
was
enacted
and
modified
26
by
the
federal
PATH
Act
of
2015
and
the
federal
Tax
Cuts
and
27
Jobs
Act
of
2017.
By
decoupling,
taxpayers
who
claim
bonus
28
depreciation
for
federal
tax
purposes
are
required
to
add
29
such
depreciation
amounts
back
to
Iowa
net
income,
but
are
30
then
allowed
under
existing
state
law
to
deduct
the
amount
of
31
depreciation
that
would
otherwise
be
allowable
under
federal
32
law,
without
regard
to
the
bonus
depreciation
allowance.
33
The
bill
takes
effect
upon
enactment
and
applies
34
retroactively
to
January
1,
2018,
for
tax
years
beginning
on
35
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2384
or
after
that
date.
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