Senate
Study
Bill
1196
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WAYS
AND
MEANS
BILL
BY
CHAIRPERSON
DAWSON)
A
BILL
FOR
An
Act
relating
to
investment
tax
credits
and
innovation
fund
1
tax
credits,
and
including
effective
date
and
applicability
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
2579XC
(1)
89
ko/jh
S.F.
_____
Section
1.
Section
15.119,
subsection
2,
paragraph
d,
Code
1
2021,
is
amended
to
read
as
follows:
2
d.
(1)
The
tax
credits
for
investments
in
qualifying
3
businesses
issued
pursuant
to
section
15E.43
and
for
equity
4
investments
in
an
innovation
fund
pursuant
to
section
15E.52
.
5
In
allocating
tax
credits
pursuant
to
this
subsection
,
the
6
authority
shall
allocate
two
an
aggregate
of
ten
million
7
dollars
for
purposes
of
this
paragraph
subparagraph
,
unless
the
8
authority
determines
that
the
tax
credits
awarded
will
be
less
9
than
that
amount.
10
(2)
On
or
before
June
30
of
each
fiscal
year
the
authority
11
shall
determine
the
amount
of
tax
credits
to
be
allocated
12
for
the
next
fiscal
year
beginning
July
1
to
investments
13
in
qualifying
businesses
and
to
equity
investments
in
an
14
innovation
fund
under
subparagraph
(1).
Any
tax
credits
15
allocated
for
purposes
of
subparagraph
(1)
and
not
awarded
16
in
that
fiscal
year
shall
be
reallocated
to
a
purpose
under
17
subparagraph
(1)
for
the
next
fiscal
year
and
shall
not
be
18
counted
against
the
aggregate
maximum
of
ten
million
dollars.
19
Sec.
2.
Section
15.119,
subsection
2,
paragraph
e,
Code
20
2021,
is
amended
by
striking
the
paragraph.
21
Sec.
3.
Section
15E.43,
subsection
2,
paragraphs
b
and
c,
22
Code
2021,
are
amended
to
read
as
follows:
23
b.
The
maximum
amount
of
a
tax
credit
that
may
be
issued
24
per
calendar
fiscal
year
to
a
natural
person
and
the
person’s
25
spouse
or
dependent
shall
not
exceed
one
hundred
thousand
26
dollars
combined.
For
purposes
of
this
paragraph,
a
tax
27
credit
issued
to
a
partnership,
limited
liability
company,
S
28
corporation,
estate,
or
trust
electing
to
have
income
taxed
29
directly
to
the
individual
shall
be
deemed
to
be
issued
to
30
the
individual
owners
based
upon
the
pro
rata
share
of
the
31
individual’s
earnings
from
the
entity.
For
purposes
of
this
32
paragraph,
“dependent”
has
the
same
meaning
as
provided
by
the
33
Internal
Revenue
Code.
34
c.
The
maximum
amount
of
tax
credits
that
may
be
issued
35
-1-
LSB
2579XC
(1)
89
ko/jh
1/
3
S.F.
_____
per
calendar
fiscal
year
for
equity
investments
in
any
one
1
qualifying
business
shall
not
exceed
five
hundred
thousand
2
dollars.
3
Sec.
4.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
4
importance,
takes
effect
upon
enactment.
5
Sec.
5.
APPLICABILITY.
The
following
applies
to
tax
credits
6
allocated
on
or
after
the
fiscal
year
beginning
July
1,
2021,
7
and
for
each
fiscal
year
thereafter:
8
The
section
of
this
Act
amending
section
15.119,
subsection
9
2,
paragraph
“d”.
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
This
bill
relates
to
investment
tax
credits
and
innovation
14
fund
tax
credits.
15
Under
current
law
the
economic
development
authority
16
(authority)
must
allocate
$2
million
to
investments
in
17
qualifying
businesses
and
$8
million
to
equity
investments
18
in
innovation
funds
(equity
investments).
The
bill
limits
19
the
authority’s
tax
credit
allocations
for
investments
in
20
qualifying
businesses
and
equity
investments
to
a
maximum
21
aggregate
of
$10
million.
The
bill
requires
the
authority
22
to
determine
on
or
before
June
30
of
each
fiscal
year
the
23
amount
of
tax
credits
to
be
allocated
to
each.
In
addition,
24
any
amount
of
tax
credits
allocated
and
not
awarded
in
that
25
fiscal
year
must
be
reallocated
to
either
investments
in
26
qualifying
businesses
or
to
equity
investments
for
the
next
27
fiscal
year,
and
those
tax
credits
do
not
count
towards
the
28
maximum
aggregate
of
$10
million.
This
applies
to
tax
credits
29
allocated
on
or
after
the
fiscal
year
beginning
July
1,
2021,
30
and
for
each
fiscal
year
thereafter.
31
The
bill
modifies
the
maximum
amount
of
an
investment
tax
32
credit
that
may
be
issued
to
a
natural
person
and
the
person’s
33
spouse
or
dependent
from
a
calendar
year
basis
to
a
fiscal
year
34
basis.
The
maximum
amount
of
tax
credits
that
may
be
issued
35
-2-
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2579XC
(1)
89
ko/jh
2/
3
S.F.
_____
for
equity
investments
in
any
one
qualifying
business
is
also
1
modified
from
a
calendar
year
to
a
fiscal
year.
2
The
bill
is
effective
upon
enactment.
3
-3-
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2579XC
(1)
89
ko/jh
3/
3