Senate
Study
Bill
3044
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
GOVERNOR
BILL)
A
BILL
FOR
An
Act
relating
to
state
revenue
and
finance
by
modifying
1
individual
and
corporate
income
taxes,
and
including
2
effective
date
and
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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DIVISION
I
1
SALE
OF
CERTAIN
QUALIFIED
STOCK
——
NET
CAPITAL
GAIN
EXCLUSION
2
Section
1.
Section
422.7,
Code
2022,
is
amended
by
adding
3
the
following
new
subsection:
4
NEW
SUBSECTION
.
63.
a.
Subtract
the
following
percentage
5
of
the
net
capital
gain
from
the
sale
or
exchange
of
capital
6
stock
of
a
qualified
corporation
for
which
an
election
is
made
7
by
an
employee-owner:
8
(1)
For
the
tax
year
beginning
in
the
2023
calendar
year,
9
thirty-three
percent.
10
(2)
For
the
tax
year
beginning
in
the
2024
calendar
year,
11
sixty-six
percent.
12
(3)
For
tax
years
beginning
on
or
after
January
1,
2025,
one
13
hundred
percent.
14
b.
(1)
An
employee-owner
is
entitled
to
make
one
15
irrevocable
lifetime
election
to
exclude
the
net
capital
gain
16
from
the
sale
or
exchange
of
capital
stock
of
one
qualified
17
corporation
which
capital
stock
was
acquired
by
the
employee-
18
owner
while
employed
and
on
account
of
employment
by
such
19
qualified
corporation.
20
(2)
The
election
shall
apply
to
all
subsequent
sales
21
or
exchanges
of
qualifying
capital
stock
of
the
elected
22
corporation
within
fifteen
years
of
the
date
of
the
election,
23
provided
that
the
subsequent
sales
or
exchanges
were
of
capital
24
stock
in
the
same
qualified
corporation
and
were
acquired
by
25
the
employee-owner
while
employed
and
on
account
of
employment
26
by
such
qualified
corporation.
27
(3)
The
election
shall
apply
to
qualifying
capital
stock
28
that
has
been
transferred
by
inter
vivos
gift
from
the
29
employee-owner
to
the
employee-owner’s
spouse
or
to
a
trust
30
for
the
benefit
of
the
employee-owner’s
spouse
following
the
31
transfer.
This
subparagraph
(3)
shall
apply
to
a
spouse
32
only
if
the
spouse
was
married
to
the
employee-owner
on
the
33
date
of
the
sale
or
exchange
or
the
date
of
death
of
the
34
employee-owner.
35
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(4)
If
the
employee-owner
dies
after
having
sold
or
1
exchanged
qualifying
capital
stock
without
having
made
an
2
election
under
this
subsection,
the
surviving
spouse
or,
if
3
there
is
no
surviving
spouse,
the
personal
representative
of
4
the
employee-owner’s
estate,
may
make
the
election
that
would
5
have
qualified
under
this
subsection.
6
(5)
The
election
shall
be
made
in
the
manner
and
form
7
prescribed
by
the
department
and
shall
be
included
with
the
8
taxpayer’s
state
income
tax
return
for
the
taxable
year
in
9
which
the
election
is
made.
10
c.
For
purposes
of
this
subsection:
11
(1)
“Capital
stock”
means
common
or
preferred
stock,
either
12
voting
or
nonvoting.
“Capital
stock”
does
not
include
stock
13
rights,
stock
warrants,
stock
options,
or
debt
securities.
14
(2)
“Employee-owner”
means
an
individual
who
owns
capital
15
stock
in
a
qualified
corporation
for
at
least
ten
years,
which
16
capital
stock
was
acquired
by
the
individual
while
employed
and
17
on
account
of
employment
by
such
corporation
for
at
least
ten
18
cumulative
years.
19
(3)
“Personal
representative”
means
the
same
as
defined
in
20
section
633.3,
or
if
there
is
no
such
personal
representative
21
appointed,
then
the
person
legally
authorized
to
perform
22
substantially
the
same
functions.
23
(4)
(a)
“Qualified
corporation”
means,
with
respect
to
an
24
employee-owner,
a
corporation
which,
at
the
time
of
the
first
25
sale
or
exchange
for
which
an
election
is
made
by
the
employee-
26
owner
under
this
subsection,
meets
all
of
the
following
27
conditions:
28
(i)
The
corporation
employed
individuals
in
this
state
for
29
at
least
ten
years.
30
(ii)
The
corporation
has
had
at
least
five
shareholders
for
31
the
ten
years
prior
to
the
first
sale
or
exchange
under
this
32
subsection.
33
(iii)
The
corporation
has
had
at
least
two
shareholders
or
34
groups
of
shareholders
who
are
not
related
for
the
ten
years
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prior
to
the
first
sale
or
exchange
under
this
subsection.
1
Two
persons
are
considered
related
when,
under
section
318
of
2
the
Internal
Revenue
Code,
one
is
a
person
who
owns,
directly
3
or
indirectly,
capital
stock
that
if
directly
owned
would
be
4
attributed
to
the
other
person,
or
is
the
brother,
sister,
5
aunt,
uncle,
cousin,
niece,
or
nephew
of
the
other
person
who
6
owns
capital
stock
either
directly
or
indirectly.
7
(b)
“Qualified
corporation”
includes
any
member
of
an
Iowa
8
affiliated
group
if
the
Iowa
affiliated
group
includes
a
member
9
that
has
employed
individuals
in
this
state
for
at
least
ten
10
years.
For
purposes
of
this
subparagraph
division,
“Iowa
11
affiliated
group”
means
an
affiliated
group
that
has
made
a
12
valid
election
to
file
an
Iowa
consolidated
income
tax
return
13
under
section
422.37
in
the
year
in
which
the
deduction
under
14
this
subsection
is
claimed.
“Member”
includes
any
entity
15
included
in
the
consolidated
return
under
section
422.37,
16
subsection
2,
for
the
tax
year
in
which
the
deduction
is
17
claimed.
18
(c)
“Qualified
corporation”
also
includes
any
corporation
19
that
was
a
party
to
a
reorganization
that
was
entirely
or
20
substantially
tax
free
if
such
reorganization
occurred
during
21
or
after
the
employment
of
the
employee-owner.
22
Sec.
2.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
23
effect
January
1,
2023.
24
Sec.
3.
APPLICABILITY.
This
division
of
this
Act
applies
to
25
tax
years
beginning
on
or
after
January
1,
2023.
26
DIVISION
II
27
RETIRED
FARMER
LEASE
INCOME
EXCLUSION
28
Sec.
4.
Section
422.7,
Code
2022,
is
amended
by
adding
the
29
following
new
subsection:
30
NEW
SUBSECTION
.
21A.
a.
Subtract,
to
the
extent
included,
31
net
income
received
by
an
eligible
individual
pursuant
to
a
32
farm
tenancy
agreement
covering
real
property
held
by
the
33
eligible
individual
for
ten
or
more
years,
if
the
eligible
34
individual
materially
participated
in
a
farming
business
for
35
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ten
or
more
years.
1
b.
An
individual
who
elects
to
exclude
income
received
2
pursuant
to
a
farm
tenancy
agreement
under
this
subsection
3
shall
not
claim
any
of
the
following
in
the
tax
year
in
which
4
the
election
is
made
or
in
any
succeeding
year:
5
(1)
The
capital
gain
exclusion
under
section
422.7,
6
subsection
21.
7
(2)
The
beginning
farmer
tax
credit
under
section
422.11E.
8
c.
Married
individuals
who
file
separate
state
income
tax
9
returns
shall
allocate
their
combined
annual
exclusion
limit
10
to
each
spouse
in
the
proportion
that
each
spouse’s
respective
11
net
income
from
a
farm
tenancy
agreement
bears
to
the
total
net
12
income
from
a
farm
tenancy
agreement.
13
d.
The
department
shall
establish
criteria,
by
rule,
14
relating
to
whether
and
how
a
surviving
spouse
may
claim
the
15
income
exclusion
for
which
a
deceased
eligible
individual
would
16
have
been
eligible
under
this
subsection.
17
e.
Net
income
from
a
farm
tenancy
agreement
earned,
18
received,
or
reported
by
an
entity
taxed
as
a
partnership
19
for
federal
tax
purposes,
an
S
corporation,
or
a
trust
or
20
estate
is
not
eligible
for
the
election
and
deduction
in
this
21
subsection,
even
if
such
net
income
ultimately
passes
through
22
to
an
eligible
individual.
23
f.
For
purposes
of
this
subsection:
24
(1)
“Eligible
individual”
means
an
individual
who
is
25
disabled
or
who
is
fifty-five
years
of
age
or
older
at
the
time
26
the
election
is
made,
who
no
longer
materially
participates
in
27
a
farming
business
at
the
time
the
election
is
made,
and
who,
28
as
an
owner-lessor,
is
party
to
a
farm
tenancy
agreement.
29
(2)
“Farm
tenancy
agreement”
means
a
written
agreement
30
outlining
the
rights
and
obligations
of
an
owner-lessor
and
a
31
tenant-lessee
where
the
tenant-lessee
has
a
farm
tenancy
as
32
defined
in
section
562.1A.
A
“farm
tenancy
agreement”
includes
33
cash
leases,
crop
share
leases,
or
livestock
share
leases.
34
(3)
“Farming
business”
means
the
production,
care,
growing,
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harvesting,
preservation,
handling,
or
storage
of
crops
1
or
forest
or
fruit
trees;
the
production,
care,
feeding,
2
management,
and
housing
of
livestock;
or
horticulture,
all
3
intended
for
profit.
4
(4)
“Materially
participated”
means
the
same
as
“material
5
participation”
in
section
469(h)
of
the
Internal
Revenue
Code.
6
Sec.
5.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
7
effect
January
1,
2023.
8
Sec.
6.
APPLICABILITY.
This
division
of
this
Act
applies
to
9
tax
years
beginning
on
or
after
January
1,
2023.
10
DIVISION
III
11
RETIRED
FARMER
CAPITAL
GAIN
EXCLUSION
12
Sec.
7.
Section
422.7,
subsection
21,
Code
2022,
is
amended
13
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
14
following:
15
21.
a.
For
purposes
of
this
subsection:
16
(1)
“Farming
business”
means
the
production,
care,
growing,
17
harvesting,
preservation,
handling,
or
storage
of
crops
18
or
forest
or
fruit
trees;
the
production,
care,
feeding,
19
management,
and
housing
of
livestock;
or
horticulture,
all
for
20
intended
profit.
21
(2)
“Held”
shall
be
determined
with
reference
to
the
holding
22
period
provisions
of
section
1223
of
the
Internal
Revenue
Code
23
and
the
federal
regulations
pursuant
thereto.
24
(3)
“Livestock”
means
the
same
as
defined
in
section
717.1.
25
(4)
“Materially
participated”
means
the
same
as
“material
26
participation”
in
section
469(h)
of
the
Internal
Revenue
Code.
27
(5)
(a)
“Real
property
used
in
a
farming
business”
means
28
all
tracts
of
land
and
the
improvements
and
structures
located
29
on
such
tracts
which
are
in
good
faith
used
primarily
for
30
a
farming
business.
Buildings
which
are
primarily
used
or
31
intended
for
human
habitation
are
deemed
to
be
used
in
a
32
farming
business
when
the
building
is
located
on
or
adjacent
33
to
the
parcel
used
in
the
farming
business.
Land
and
the
34
nonresidential
improvements
and
structures
located
on
such
land
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that
shall
be
considered
to
be
used
primarily
in
a
farming
1
business
include
but
are
not
limited
to
land,
improvements
2
or
structures
used
for
the
storage
or
maintenance
of
farm
3
machinery
or
equipment,
for
the
drying,
storage,
handling,
4
or
preservation
of
agricultural
crops,
or
for
the
storage
of
5
farm
inputs,
feed,
or
manure.
Real
property
used
in
a
farming
6
business
shall
also
include
woodland,
wasteland,
pastureland,
7
and
idled
land
used
for
the
conservation
of
natural
resources
8
including
soil
and
water.
9
(b)
Real
property
classified
as
agricultural
property
for
10
Iowa
property
tax
purposes,
except
real
property
described
11
in
section
441.21,
subsection
12,
paragraph
“a”
or
“b”
,
12
shall
be
presumed
to
be
real
property
used
in
a
farming
13
business.
This
presumption
is
rebuttable
by
the
department
by
14
a
preponderance
of
evidence
that
the
real
property
did
not
meet
15
the
requirements
of
subparagraph
division
(a).
16
(6)
“Relative”
means
a
person
that
satisfies
one
or
more
of
17
the
following
conditions:
18
(a)
The
individual
is
related
to
the
taxpayer
by
19
consanguinity
or
affinity
within
the
second
degree
as
20
determined
by
common
law.
21
(b)
The
individual
is
a
lineal
descendent
of
the
taxpayer.
22
For
purposes
of
this
subparagraph
division,
“lineal
descendent”
23
means
children
of
the
taxpayer,
including
legally
adopted
24
children
and
biological
children,
stepchildren,
grandchildren,
25
great-grandchildren,
and
any
other
lineal
descendent
of
the
26
taxpayer.
27
(c)
An
entity
in
which
an
individual
who
satisfies
the
28
conditions
of
either
subparagraph
division
(a)
or
(b)
has
a
29
legal
or
equitable
interest
as
an
owner,
member,
partner,
or
30
beneficiary.
31
(7)
“Retired
farmer”
means
an
individual
who
is
disabled
32
or
who
is
fifty-five
years
of
age
or
older
and
who
no
longer
33
materially
participates
in
a
farming
business
when
an
exclusion
34
and
deduction
is
claimed
under
this
subsection.
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b.
Subtract
the
net
capital
gain
from
the
sale
of
real
1
property
used
in
a
farming
business
if
one
of
the
following
2
conditions
are
satisfied:
3
(1)
The
taxpayer
has
materially
participated
in
a
farming
4
business
for
a
minimum
of
ten
years
and
has
held
the
real
5
property
used
in
a
farming
business
for
a
minimum
of
ten
years.
6
If
the
taxpayer
is
a
retired
farmer,
the
taxpayer
is
considered
7
to
meet
the
material
participation
requirement
if
the
taxpayer
8
materially
participated
in
a
farming
business
for
ten
years
or
9
more
in
the
aggregate,
prior
to
making
an
election
under
this
10
subsection.
11
(2)
The
taxpayer
has
held
the
real
property
used
in
a
12
farming
business
which
is
sold
to
a
relative
of
the
taxpayer.
13
c.
For
a
taxpayer
who
is
a
retired
farmer,
subtract
the
14
net
capital
gain
from
the
sale
of
cattle
or
horses
held
by
15
the
taxpayer
for
breeding,
draft,
dairy,
or
sporting
purposes
16
for
a
period
of
twenty-four
months
or
more
from
the
date
of
17
acquisition;
but
only
if
the
taxpayer
materially
participated
18
in
the
farming
business
for
five
of
the
eight
years
preceding
19
the
farmer’s
retirement
or
disability
and
who
has
sold
all
or
20
substantially
all
of
the
taxpayer’s
interest
in
the
farming
21
business
by
the
time
the
election
under
this
paragraph
is
made.
22
d.
For
a
taxpayer
who
is
a
retired
farmer,
subtract
the
net
23
capital
gain
from
the
sale
of
breeding
livestock,
other
than
24
cattle
and
horses,
if
the
livestock
is
held
by
the
taxpayer
for
25
a
period
of
twelve
months
or
more
from
the
date
of
acquisition;
26
but
only
if
the
taxpayer
materially
participated
in
the
farming
27
business
for
five
of
the
eight
years
preceding
the
farmer’s
28
retirement
or
disability
and
who
has
sold
all
or
substantially
29
all
of
the
taxpayer’s
interest
in
the
farming
business
by
the
30
time
the
election
under
this
paragraph
is
made.
31
e.
A
taxpayer
who
is
a
retired
farmer
may
make,
subject
to
32
the
limitations
described
in
paragraphs
“f”
and
“g”
,
a
single,
33
lifetime
election
to
exclude
all
qualifying
capital
gains
under
34
paragraphs
“b”
,
“c”
,
and
“d”
.
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f.
A
taxpayer
who
is
a
retired
farmer
who
elects
to
exclude
1
capital
gains
under
paragraph
“b”
,
“c”
,
or
“d”
shall
not
claim
2
the
beginning
farmer
tax
credit
under
section
422.11E
or
the
3
exclusion
for
net
income
received
pursuant
to
a
farm
tenancy
4
agreement
in
section
422.7,
subsection
21A,
in
the
tax
year
in
5
which
this
election
is
made
or
in
any
subsequent
year.
6
g.
A
taxpayer
who
is
a
retired
farmer
who
claims
the
7
beginning
farmer
tax
credit
under
section
422.11E
shall
not,
8
in
the
same
year,
make
an
election
under
this
subsection.
A
9
taxpayer
who
is
a
retired
farmer
and
who
elects
to
exclude
10
the
net
income
received
from
a
farm
tenancy
agreement
under
11
section
422.7,
subsection
21A,
shall
not,
in
the
same
tax
year
12
or
in
any
subsequent
tax
year,
make
the
election
under
this
13
subsection.
14
h.
Married
individuals
who
file
separate
state
income
tax
15
returns
shall
allocate
their
combined
annual
net
capital
gain
16
exclusion
under
paragraphs
“b”
,
“c”
,
and
“d”
to
each
spouse
in
17
the
proportion
that
each
spouse’s
respective
net
capital
gain
18
bears
to
the
total
net
capital
gain.
19
i.
The
department
shall
establish
criteria,
by
rule,
20
relating
to
whether
and
how
a
surviving
spouse
may
claim
the
21
income
exclusion
for
which
a
deceased
retired
farmer
would
have
22
been
eligible
under
this
subsection.
23
Sec.
8.
REPEAL.
2018
Iowa
Acts,
chapter
1161,
section
113,
24
is
repealed.
25
Sec.
9.
REPEAL.
2019
Iowa
Acts,
chapter
162,
section
1,
is
26
repealed.
27
Sec.
10.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
28
effect
January
1,
2023.
29
Sec.
11.
APPLICABILITY.
30
1.
This
division
of
this
Act
applies
to
tax
years
beginning
31
on
or
after
January
1,
2023.
32
2.
This
division
of
this
Act
applies
to
sales
consummated
on
33
or
after
the
effective
date
of
this
division
of
this
Act,
and
34
sales
consummated
prior
to
the
effective
date
of
this
division
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of
this
Act
shall
be
governed
by
the
law
as
it
existed
prior
to
1
the
effective
date
of
this
division
of
this
Act.
2
DIVISION
IV
3
INDIVIDUAL
INCOME
TAX
RATES
——
TAX
YEARS
2023-2025
4
Sec.
12.
Section
422.5,
subsection
3,
paragraph
b,
Code
5
2022,
is
amended
to
read
as
follows:
6
b.
(1)
In
lieu
of
the
computation
in
subsection
1
or
7
2
,
or
in
paragraph
“a”
of
this
subsection
,
if
the
married
8
persons’,
filing
jointly
or
filing
separately
on
a
combined
9
return
,
head
of
household’s,
or
surviving
spouse’s
net
income
10
exceeds
thirteen
thousand
five
hundred
dollars,
the
regular
11
tax
imposed
under
this
subchapter
shall
be
the
lesser
of
the
12
maximum
alternate
state
individual
income
tax
rate
specified
in
13
subparagraph
(2)
times
the
portion
of
the
net
income
in
excess
14
of
thirteen
thousand
five
hundred
dollars
or
the
regular
tax
15
liability
computed
without
regard
to
this
sentence.
Taxpayers
16
electing
to
file
separately
shall
compute
the
alternate
tax
17
described
in
this
paragraph
using
the
total
net
income
of
the
18
husband
and
wife
spouses
.
The
alternate
tax
described
in
this
19
paragraph
does
not
apply
if
one
spouse
elects
to
carry
back
or
20
carry
forward
the
loss
as
provided
in
section
422.9,
subsection
21
3
.
22
(2)
(a)
(i)
(A)
For
the
tax
year
beginning
on
or
after
23
January
1,
2023,
but
before
January
1,
2024,
the
alternate
tax
24
rate
is
6.00
percent.
25
(B)
For
the
tax
year
beginning
on
or
after
January
1,
2024,
26
but
before
January
1,
2025,
the
alternate
tax
rate
is
5.70
27
percent.
28
(C)
For
the
tax
year
beginning
on
or
after
January
1,
2025,
29
but
before
January
1,
2026,
the
alternate
tax
rate
is
5.20
30
percent.
31
(ii)
This
subparagraph
division
(a)
is
repealed
January
1,
32
2026.
33
(b)
For
tax
years
beginning
on
or
after
January
1,
2026,
the
34
alternate
tax
rate
is
4.50
percent.
35
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Sec.
13.
Section
422.5,
subsection
3B,
paragraph
b,
Code
1
2022,
is
amended
to
read
as
follows:
2
b.
(1)
In
lieu
of
the
computation
in
subsection
1,
2,
or
3
,
3
if
the
married
persons’,
filing
jointly
or
filing
separately
on
4
a
combined
return
,
head
of
household’s,
or
surviving
spouse’s
5
net
income
exceeds
thirty-two
thousand
dollars,
the
regular
6
tax
imposed
under
this
subchapter
shall
be
the
lesser
of
the
7
maximum
alternate
state
individual
income
tax
rate
specified
in
8
subparagraph
(2)
times
the
portion
of
the
net
income
in
excess
9
of
thirty-two
thousand
dollars
or
the
regular
tax
liability
10
computed
without
regard
to
this
sentence.
Taxpayers
electing
11
to
file
separately
shall
compute
the
alternate
tax
described
in
12
this
paragraph
using
the
total
net
income
of
the
husband
and
13
wife
spouses
.
The
alternate
tax
described
in
this
paragraph
14
does
not
apply
if
one
spouse
elects
to
carry
back
or
carry
15
forward
the
loss
as
provided
in
section
422.9,
subsection
3
.
16
(2)
(a)
(i)
(A)
For
the
tax
year
beginning
on
or
after
17
January
1,
2023,
but
before
January
1,
2024,
the
alternate
tax
18
rate
is
6.00
percent.
19
(B)
For
the
tax
year
beginning
on
or
after
January
1,
2024,
20
but
before
January
1,
2025,
the
alternate
tax
rate
is
5.70
21
percent.
22
(C)
For
the
tax
year
beginning
on
or
after
January
1,
2025,
23
but
before
January
1,
2026,
the
alternate
tax
rate
is
5.20
24
percent.
25
(ii)
This
subparagraph
division
(a)
is
repealed
January
1,
26
2026.
27
(b)
For
tax
years
beginning
on
or
after
January
1,
2026,
the
28
alternate
tax
rate
is
4.50
percent.
29
Sec.
14.
Section
422.5,
subsection
6,
Code
2022,
is
amended
30
to
read
as
follows:
31
6.
a.
Upon
determination
of
the
latest
cumulative
inflation
32
factor,
the
director
shall
multiply
each
dollar
amount
set
33
forth
in
section
422.5A
by
this
cumulative
inflation
factor,
34
shall
round
off
the
resulting
product
to
the
nearest
one
35
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dollar,
and
shall
incorporate
the
result
into
the
income
tax
1
forms
and
instructions
for
each
tax
year.
2
b.
This
subsection
is
repealed
on
January
1,
2026.
3
Sec.
15.
Section
422.5A,
Code
2022,
is
amended
by
striking
4
the
section
and
inserting
in
lieu
thereof
the
following:
5
422.5A
Tax
rates.
6
1.
a.
The
tax
imposed
in
section
422.5
shall
be
calculated
7
using
the
following
rates
in
the
following
tax
years
in
the
8
case
of
married
persons
filing
jointly:
9
(1)
For
the
tax
year
beginning
on
or
after
January
1,
2023,
10
but
before
January
1,
2024:
11
(a)
On
taxable
income
from
0
through
$12,000,
the
rate
of
12
4.40
percent.
13
(b)
On
taxable
income
exceeding
$12,000
but
not
exceeding
14
$60,000,
the
rate
of
4.82
percent.
15
(c)
On
taxable
income
exceeding
$60,000
but
not
exceeding
16
$150,000,
the
rate
of
5.70
percent.
17
(d)
On
taxable
income
exceeding
$150,000,
the
rate
of
6.00
18
percent.
19
(2)
For
the
tax
year
beginning
on
or
after
January
1,
2024,
20
but
before
January
1,
2025:
21
(a)
On
taxable
income
from
0
through
$12,000,
the
rate
of
22
4.40
percent.
23
(b)
On
taxable
income
exceeding
$12,000
but
not
exceeding
24
$60,000,
the
rate
of
4.82
percent.
25
(c)
On
taxable
income
exceeding
$60,000,
the
rate
of
5.70
26
percent.
27
(3)
For
the
tax
year
beginning
on
or
after
January
1,
2025,
28
but
before
January
1,
2026:
29
(a)
On
taxable
income
from
0
through
$12,000,
the
rate
of
30
4.40
percent.
31
(b)
On
taxable
income
exceeding
$12,000,
the
rate
of
4.82
32
percent.
33
b.
The
tax
imposed
in
section
422.5
shall
be
calculated
34
using
the
following
rates
in
the
following
tax
years
in
the
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case
of
any
other
taxpayer
other
than
married
persons
filing
1
jointly:
2
(1)
For
the
tax
year
beginning
on
or
after
January
1,
2023,
3
but
before
January
1,
2024:
4
(a)
On
taxable
income
from
0
through
$6,000,
the
rate
of
5
4.40
percent.
6
(b)
On
taxable
income
exceeding
$6,000
but
not
exceeding
7
$30,000,
the
rate
of
4.82
percent.
8
(c)
On
taxable
income
exceeding
$30,000
but
not
exceeding
9
$75,000,
the
rate
of
5.70
percent.
10
(d)
On
taxable
income
exceeding
$75,000,
the
rate
of
6.00
11
percent.
12
(2)
For
the
tax
year
beginning
on
or
after
January
1,
2024,
13
but
before
January
1,
2025:
14
(a)
On
taxable
income
from
0
through
$6,000,
the
rate
of
15
4.40
percent.
16
(b)
On
taxable
income
exceeding
$6,000
but
not
exceeding
17
$30,000,
the
rate
of
4.82
percent.
18
(c)
On
taxable
income
exceeding
$30,000,
the
rate
of
5.70
19
percent.
20
(3)
For
the
tax
year
beginning
on
or
after
January
1,
2025,
21
but
before
January
1,
2026:
22
(a)
On
taxable
income
from
0
through
$6,000,
the
rate
of
23
4.40
percent.
24
(b)
On
taxable
income
exceeding
$6,000,
the
rate
of
4.82
25
percent.
26
2.
This
section
is
repealed
January
1,
2026.
27
Sec.
16.
REPEAL.
2018
Iowa
Acts,
chapter
1161,
section
107,
28
is
repealed.
29
Sec.
17.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
30
effect
January
1,
2023.
31
Sec.
18.
APPLICABILITY.
This
division
of
this
Act
applies
32
to
tax
years
beginning
on
or
after
January
1,
2023.
33
DIVISION
V
34
INDIVIDUAL
INCOME
TAX
——
FLAT
RATE
35
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Sec.
19.
Section
421.27,
subsection
9,
paragraph
a,
1
subparagraph
(3),
Code
2022,
is
amended
to
read
as
follows:
2
(3)
In
the
case
of
all
other
entities,
including
3
corporations
described
in
section
422.36,
subsection
5
,
and
all
4
other
entities
required
to
file
an
information
return
under
5
section
422.15,
subsection
2
,
the
entity’s
Iowa
net
income
6
after
the
application
of
the
Iowa
business
activity
ratio,
7
if
applicable,
multiplied
by
the
top
income
tax
rate
imposed
8
under
section
422.5A
422.5
for
the
tax
year,
less
any
Iowa
tax
9
credits
available
to
the
entity.
10
Sec.
20.
Section
422.5,
subsection
1,
paragraph
a,
Code
11
2022,
is
amended
to
read
as
follows:
12
a.
A
tax
is
imposed
upon
every
resident
and
nonresident
13
of
the
state
which
tax
shall
be
levied,
collected,
and
paid
14
annually
upon
and
with
respect
to
the
entire
taxable
income
15
as
defined
in
this
subchapter
at
rates
as
provided
in
section
16
422.5A
a
rate
of
four
percent
.
17
Sec.
21.
Section
422.16B,
subsection
2,
paragraph
a,
Code
18
2022,
is
amended
to
read
as
follows:
19
a.
(1)
A
pass-through
entity
shall
file
a
composite
return
20
on
behalf
of
all
nonresident
members
and
shall
report
and
pay
21
the
income
or
franchise
tax
imposed
under
this
chapter
at
the
22
maximum
state
income
or
franchise
tax
rate
applicable
to
the
23
member
under
section
422.5A
422.5
,
422.33
,
or
422.63
on
the
24
nonresident
members’
distributive
shares
of
the
income
from
the
25
pass-through
entity.
26
(2)
The
tax
rate
applicable
to
a
tiered
pass-through
entity
27
shall
be
the
maximum
state
income
tax
rate
under
section
422.5A
28
422.5
.
29
Sec.
22.
Section
422.25A,
subsection
5,
paragraph
c,
30
subparagraphs
(3),
(4),
and
(5),
Code
2022,
are
amended
to
read
31
as
follows:
32
(3)
Determine
the
total
distributive
share
of
all
final
33
federal
partnership
adjustments
and
positive
reallocation
34
adjustments
as
modified
by
this
title
that
are
reported
to
35
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nonresident
individual
partners
and
nonresident
fiduciary
1
partners
and
allocate
and
apportion
such
adjustments
as
2
provided
in
section
422.33
at
the
partnership
or
tiered
3
partner
level,
and
multiply
the
resulting
amount
by
the
maximum
4
individual
income
tax
rate
pursuant
to
section
422.5A
422.5
for
5
the
reviewed
year.
6
(4)
For
the
total
distributive
share
of
all
final
federal
7
partnership
adjustments
and
positive
reallocation
adjustments
8
as
modified
by
this
title
that
are
reported
to
tiered
partners:
9
(a)
Determine
the
amount
of
such
adjustments
which
are
of
a
10
type
that
would
be
subject
to
sourcing
to
Iowa
under
section
11
422.8,
subsection
2
,
paragraph
“a”
,
as
a
nonresident,
and
then
12
determine
the
portion
of
this
amount
that
would
be
sourced
to
13
Iowa
under
those
provisions
as
if
the
tiered
partner
were
a
14
nonresident.
15
(b)
Determine
the
amount
of
such
adjustments
which
are
of
16
a
type
that
would
not
be
subject
to
sourcing
to
Iowa
under
17
section
422.8,
subsection
2
,
paragraph
“a”
,
as
a
nonresident.
18
(c)
Determine
the
portion
of
the
amount
in
subparagraph
19
division
(b)
that
can
be
established,
as
prescribed
by
the
20
department
by
rule,
to
be
properly
allocable
to
indirect
21
partners
that
are
nonresident
partners
or
other
partners
not
22
subject
to
tax
on
the
adjustments.
23
(d)
Multiply
the
total
of
the
amounts
determined
in
24
subparagraph
divisions
(a)
and
(b),
reduced
by
any
amount
25
determined
in
subparagraph
division
(c),
by
the
highest
26
individual
income
tax
rate
pursuant
to
section
422.5A
422.5
for
27
the
reviewed
year.
28
(5)
For
the
total
distributive
share
of
all
final
federal
29
partnership
adjustments
and
positive
reallocation
adjustments
30
as
modified
by
this
title
that
are
reported
to
resident
31
individual
partners
and
resident
fiduciary
partners,
multiply
32
that
amount
by
the
highest
individual
income
tax
rate
pursuant
33
to
section
422.5A
422.5
for
the
reviewed
year.
34
Sec.
23.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
35
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effect
January
1,
2026.
1
Sec.
24.
APPLICABILITY.
This
division
of
this
Act
applies
2
to
tax
years
beginning
on
or
after
January
1,
2026.
3
DIVISION
VI
4
CORPORATE
INCOME
TAX
RATES
——
ADJUSTMENTS
5
Sec.
25.
Section
422.33,
subsection
1,
Code
2022,
is
amended
6
to
read
as
follows:
7
1.
a.
A
tax
is
imposed
annually
upon
each
corporation
doing
8
business
in
this
state,
or
deriving
income
from
sources
within
9
this
state,
in
an
amount
computed
by
applying
the
following
10
rates
of
taxation
to
the
net
income
received
by
the
corporation
11
during
the
income
year:
12
a.
(1)
On
the
first
twenty-five
thousand
dollars
of
taxable
13
income,
or
any
part
thereof,
the
rate
of
six
percent
for
tax
14
years
beginning
prior
to
January
1,
2021,
and
the
rate
of
15
five
and
one-half
percent
for
tax
years
beginning
on
or
after
16
January
1,
2021.
17
b.
(2)
On
taxable
income
between
twenty-five
thousand
18
dollars
and
one
hundred
thousand
dollars
or
any
part
thereof,
19
the
rate
of
eight
percent
for
tax
years
beginning
prior
to
20
January
1,
2021,
and
the
rate
of
five
and
one-half
percent
for
21
tax
years
beginning
on
or
after
January
1,
2021.
22
c.
(3)
On
taxable
income
between
one
hundred
thousand
23
dollars
and
two
hundred
fifty
thousand
dollars
or
any
part
24
thereof,
the
rate
of
ten
percent
for
tax
years
beginning
prior
25
to
January
1,
2021,
and
the
rate
of
nine
percent
for
tax
years
26
beginning
on
or
after
January
1,
2021.
27
d.
(4)
On
taxable
income
of
two
hundred
fifty
thousand
28
dollars
or
more,
the
rate
of
twelve
percent
for
tax
years
29
beginning
prior
to
January
1,
2021,
and
the
rate
of
nine
30
and
eight-tenths
percent
for
tax
years
beginning
on
or
after
31
January
1,
2021.
32
b.
(1)
(a)
Notwithstanding
paragraph
“a”
,
the
department
33
of
management
and
the
department
of
revenue
shall
determine
34
corporate
income
tax
rates
as
provided
in
this
paragraph.
A
35
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tax
rate
in
this
subsection
shall
remain
in
effect
until
the
1
tax
rate
is
adjusted
pursuant
to
this
paragraph.
2
(b)
By
November
1,
2022,
and
by
November
1
each
year
3
thereafter,
the
department
of
management
shall
determine
the
4
net
corporate
income
tax
receipts
for
the
fiscal
year
preceding
5
the
determination
date.
If
net
corporate
income
tax
receipts
6
for
the
preceding
fiscal
year
exceed
seven
hundred
million
7
dollars,
the
department
of
revenue
shall
adjust
and
apply
new
8
corporate
income
tax
rates
as
provided
in
subparagraph
(2).
9
(2)
(a)
If
a
determination
has
been
made
that
net
10
corporate
income
tax
receipts
for
the
preceding
fiscal
year
11
exceeded
seven
hundred
million
dollars,
the
department
of
12
revenue
shall
adjust
the
tax
rates
specified
in
paragraph
“a”
,
13
subparagraphs
(3)
and
(4),
and
apply
the
adjusted
rates
for
tax
14
years
beginning
on
or
after
the
next
January
1
following
the
15
determination
date.
16
(b)
(i)
The
tax
rates
subject
to
adjustment
shall
be
17
adjusted
in
such
a
way
that
when
combined
with
all
the
other
18
rates
specified
in
paragraph
“a”
,
the
tax
rates
would
have
19
generated
net
corporate
income
tax
receipts
that
equal
seven
20
hundred
million
dollars
in
the
preceding
fiscal
year.
21
(ii)
When
adjusting
the
tax
rates,
the
tax
rates
shall
be
22
adjusted
as
follows:
23
(A)
The
tax
rate
in
effect
that
corresponds
with
the
24
specified
tax
rate
in
paragraph
“a”
,
subparagraph
(4),
25
shall
first
be
adjusted
but
not
below
the
tax
rate
in
effect
26
that
corresponds
with
the
specified
rate
in
paragraph
“a”
,
27
subparagraph
(3).
28
(B)
If
after
the
adjustment
in
subparagraph
part
(A)
is
29
made,
and
an
additional
adjustment
is
necessary,
the
tax
rates
30
that
correspond
with
the
rates
specified
in
paragraph
“a”
,
31
subparagraphs
(3)
and
(4),
shall
be
adjusted
on
an
equal
basis.
32
(iii)
The
tax
rates
adjusted
pursuant
to
this
paragraph
33
shall
not
be
adjusted
below
five
and
one-half
percent.
34
(iv)
The
tax
rates,
when
adjusted,
shall
be
rounded
down
to
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the
nearest
one-tenth
of
one
percent.
1
(3)
If
a
tax
rate
is
adjusted
pursuant
to
this
paragraph,
2
the
director
of
revenue
shall
cause
an
advisory
notice
3
containing
the
new
corporate
tax
rates
to
be
published
in
the
4
Iowa
administrative
bulletin
and
on
the
internet
site
of
the
5
department
of
revenue.
The
calculation
and
publication
of
the
6
adjusted
tax
rate
by
the
director
of
revenue
is
exempt
from
7
chapter
17A,
and
shall
be
submitted
for
publication
by
the
8
first
December
31
following
the
determination
date
to
adjust
9
the
tax
rates.
10
DIVISION
VII
11
CORPORATE
INCOME
TAX
——
FLAT
RATE
12
Sec.
26.
Section
422.33,
subsection
1,
Code
2022,
is
amended
13
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
14
following:
15
1.
A
tax
is
imposed
annually
upon
each
corporation
doing
16
business
in
this
state,
or
deriving
income
from
sources
within
17
this
state,
in
an
amount
computed
by
applying
the
rate
of
18
five
and
one-half
percent
to
the
net
income
received
by
the
19
corporation
during
the
income
year.
20
Sec.
27.
CONTINGENT
EFFECTIVE
DATE.
This
division
of
21
this
Act
takes
effect
on
the
first
January
1
after
each
rate
22
of
taxation
on
the
net
income
received
by
a
corporation
is
23
equalized
to
equal
five
and
one-half
percent
pursuant
to
24
section
422.33,
subsection
1,
paragraph
“b”,
as
amended
by
this
25
Act.
The
director
of
revenue
shall
inform
the
Code
editor
upon
26
the
occurence
of
this
contingency.
27
Sec.
28.
APPLICABILITY.
This
division
of
this
Act
applies
28
to
tax
years
beginning
on
or
after
the
effective
date
of
this
29
division
of
this
Act.
30
DIVISION
VIII
31
RETIREMENT
INCOME
32
Sec.
29.
Section
8.57E,
subsection
2,
Code
2022,
is
amended
33
to
read
as
follows:
34
2.
Moneys
in
the
taxpayer
relief
fund
shall
only
be
used
35
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pursuant
to
appropriations
or
transfers
made
by
the
general
1
assembly
for
tax
relief
,
including
but
not
limited
to
increases
2
in
the
general
retirement
income
exclusion
under
section
422.7,
3
subsection
31
,
or
reductions
in
income
tax
rates.
4
Sec.
30.
Section
422.5,
subsection
3,
paragraph
a,
Code
5
2022,
is
amended
to
read
as
follows:
6
a.
The
tax
shall
not
be
imposed
on
a
resident
or
nonresident
7
whose
net
income,
as
defined
in
section
422.7
,
is
thirteen
8
thousand
five
hundred
dollars
or
less
in
the
case
of
married
9
persons
filing
jointly
or
filing
separately
on
a
combined
10
return,
heads
of
household,
and
surviving
spouses
or
nine
11
thousand
dollars
or
less
in
the
case
of
all
other
persons;
but
12
in
the
event
that
the
payment
of
tax
under
this
subchapter
13
would
reduce
the
net
income
to
less
than
thirteen
thousand
five
14
hundred
dollars
or
nine
thousand
dollars
as
applicable,
then
15
the
tax
shall
be
reduced
to
that
amount
which
would
result
16
in
allowing
the
taxpayer
to
retain
a
net
income
of
thirteen
17
thousand
five
hundred
dollars
or
nine
thousand
dollars
as
18
applicable.
The
preceding
sentence
does
not
apply
to
estates
19
or
trusts.
For
the
purpose
of
this
subsection
,
the
entire
net
20
income,
including
any
part
of
the
net
income
not
allocated
21
to
Iowa,
shall
be
taken
into
account.
For
purposes
of
this
22
subsection
,
net
income
includes
all
amounts
of
pensions
or
23
other
retirement
income,
except
for
military
retirement
pay
24
excluded
under
section
422.7,
subsection
31A
,
paragraph
“a”
,
or
25
section
422.7,
subsection
31B
,
paragraph
“a”
,
received
from
any
26
source
which
is
not
taxable
under
this
subchapter
as
a
result
27
of
the
government
pension
exclusions
in
section
422.7
,
or
any
28
other
state
law.
If
the
combined
net
income
of
a
husband
and
29
wife
exceeds
thirteen
thousand
five
hundred
dollars,
neither
30
of
them
shall
receive
the
benefit
of
this
subsection
,
and
it
31
is
immaterial
whether
they
file
a
joint
return
or
separate
32
returns.
However,
if
a
husband
and
wife
file
separate
returns
33
and
have
a
combined
net
income
of
thirteen
thousand
five
34
hundred
dollars
or
less,
neither
spouse
shall
receive
the
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benefit
of
this
paragraph,
if
one
spouse
has
a
net
operating
1
loss
and
elects
to
carry
back
or
carry
forward
the
loss
as
2
provided
in
section
422.9,
subsection
3
.
A
person
who
is
3
claimed
as
a
dependent
by
another
person
as
defined
in
section
4
422.12
shall
not
receive
the
benefit
of
this
subsection
if
5
the
person
claiming
the
dependent
has
net
income
exceeding
6
thirteen
thousand
five
hundred
dollars
or
nine
thousand
dollars
7
as
applicable
or
the
person
claiming
the
dependent
and
the
8
person’s
spouse
have
combined
net
income
exceeding
thirteen
9
thousand
five
hundred
dollars
or
nine
thousand
dollars
as
10
applicable.
11
Sec.
31.
Section
422.5,
subsection
3B,
paragraph
a,
Code
12
2022,
is
amended
to
read
as
follows:
13
a.
The
tax
shall
not
be
imposed
on
a
resident
or
nonresident
14
who
is
at
least
sixty-five
years
old
on
December
31
of
15
the
tax
year
and
whose
net
income,
as
defined
in
section
16
422.7
,
is
thirty-two
thousand
dollars
or
less
in
the
case
17
of
married
persons
filing
jointly
or
filing
separately
on
a
18
combined
return,
heads
of
household,
and
surviving
spouses
or
19
twenty-four
thousand
dollars
or
less
in
the
case
of
all
other
20
persons;
but
in
the
event
that
the
payment
of
tax
under
this
21
subchapter
would
reduce
the
net
income
to
less
than
thirty-two
22
thousand
dollars
or
twenty-four
thousand
dollars
as
applicable,
23
then
the
tax
shall
be
reduced
to
that
amount
which
would
result
24
in
allowing
the
taxpayer
to
retain
a
net
income
of
thirty-two
25
thousand
dollars
or
twenty-four
thousand
dollars
as
applicable.
26
The
preceding
sentence
does
not
apply
to
estates
or
trusts.
27
For
the
purpose
of
this
subsection
,
the
entire
net
income,
28
including
any
part
of
the
net
income
not
allocated
to
Iowa,
29
shall
be
taken
into
account.
For
purposes
of
this
subsection
,
30
net
income
includes
all
amounts
of
pensions
or
other
retirement
31
income,
except
for
military
retirement
pay
excluded
under
32
section
422.7,
subsection
31A
,
paragraph
“a”
,
or
section
422.7,
33
subsection
31B
,
paragraph
“a”
,
received
from
any
source
which
is
34
not
taxable
under
this
subchapter
as
a
result
of
the
government
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pension
exclusions
in
section
422.7
,
or
any
other
state
law.
1
If
the
combined
net
income
of
a
husband
and
wife
exceeds
2
thirty-two
thousand
dollars,
neither
of
them
shall
receive
the
3
benefit
of
this
subsection
,
and
it
is
immaterial
whether
they
4
file
a
joint
return
or
separate
returns.
However,
if
a
husband
5
and
wife
file
separate
returns
and
have
a
combined
net
income
6
of
thirty-two
thousand
dollars
or
less,
neither
spouse
shall
7
receive
the
benefit
of
this
paragraph,
if
one
spouse
has
a
net
8
operating
loss
and
elects
to
carry
back
or
carry
forward
the
9
loss
as
provided
in
section
422.9,
subsection
3
.
A
person
10
who
is
claimed
as
a
dependent
by
another
person
as
defined
in
11
section
422.12
shall
not
receive
the
benefit
of
this
subsection
12
if
the
person
claiming
the
dependent
has
net
income
exceeding
13
thirty-two
thousand
dollars
or
twenty-four
thousand
dollars
14
as
applicable
or
the
person
claiming
the
dependent
and
the
15
person’s
spouse
have
combined
net
income
exceeding
thirty-two
16
thousand
dollars
or
twenty-four
thousand
dollars
as
applicable.
17
Sec.
32.
Section
422.7,
subsection
31,
Code
2022,
is
amended
18
to
read
as
follows:
19
31.
a.
For
a
person
who
is
disabled,
or
is
fifty-five
years
20
of
age
or
older,
or
is
the
surviving
spouse
of
an
individual
or
21
a
survivor
having
an
insurable
interest
in
an
individual
who
22
would
have
qualified
for
the
exemption
under
this
subsection
23
for
the
tax
year,
subtract
Subtract
,
to
the
extent
included,
24
the
total
amount
of
received
from
a
governmental
or
other
25
pension
or
retirement
pay
plan
,
including
,
but
not
limited
26
to,
defined
benefit
or
defined
contribution
plans,
annuities,
27
individual
retirement
accounts,
plans
maintained
or
contributed
28
to
by
an
employer,
or
maintained
or
contributed
to
by
a
29
self-employed
person
as
an
employer,
and
deferred
compensation
30
plans
or
any
earnings
attributable
to
the
deferred
compensation
31
plans
,
up
to
a
maximum
of
six
thousand
dollars
for
a
person,
32
other
than
a
husband
or
wife,
who
files
a
separate
state
income
33
tax
return
and
up
to
a
maximum
of
twelve
thousand
dollars
34
for
a
husband
and
wife
who
file
a
joint
state
income
tax
35
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return.
However,
a
surviving
spouse
who
is
not
disabled
or
1
fifty-five
years
of
age
or
older
can
only
exclude
the
amount
2
of
pension
or
retirement
pay
received
as
a
result
of
the
death
3
of
the
other
spouse.
A
husband
and
wife
filing
separate
state
4
income
tax
returns
or
separately
on
a
combined
state
return
5
are
allowed
a
combined
maximum
exclusion
under
this
subsection
6
of
up
to
twelve
thousand
dollars.
The
twelve
thousand
dollar
7
exclusion
shall
be
allocated
to
the
husband
or
wife
in
the
8
proportion
that
each
spouse’s
respective
pension
and
retirement
9
pay
received
bears
to
total
combined
pension
and
retirement
10
pay
received
received
by
a
person
who
is
disabled,
or
is
11
fifty-five
years
of
age
or
older,
or
is
the
surviving
spouse
of
12
an
individual
or
is
a
survivor
having
an
insurable
interest
in
13
an
individual
who
would
have
qualified
for
the
exemption
under
14
this
subsection
for
the
tax
year
.
15
b.
Married
taxpayers
who
file
separate
state
income
tax
16
returns
shall
allocate
their
combined
annual
exclusion
amount
17
to
each
spouse
in
the
proportion
that
each
spouse’s
respective
18
income
received
from
a
pension
or
retirement
plan
bears
to
the
19
total
combined
pension
or
retirement
pay
received.
20
c.
A
taxpayer
who
is
not
disabled
or
fifty-five
years
of
21
age
or
older
and
who
receives
pension
or
retirement
pay
as
a
22
surviving
spouse
or
as
a
survivor
with
an
insurable
interest
23
in
an
individual
who
would
have
qualified
for
the
exemption
24
for
the
tax
year
may
only
exclude
the
amount
received
from
a
25
pension
or
retirement
plan
in
the
tax
year
as
a
result
of
the
26
death
of
the
decedent.
27
Sec.
33.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
28
effect
January
1,
2023.
29
Sec.
34.
APPLICABILITY.
This
division
of
this
Act
applies
30
to
tax
years
beginning
on
or
after
January
1,
2023.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
relates
to
state
revenue
and
finance
by
modifying
35
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individual
and
corporate
income
taxes.
1
DIVISION
I
——
SALE
OF
CERTAIN
QUALIFIED
STOCK
——
NET
2
CAPITAL
GAIN
EXCLUSION.
The
bill
grants
an
employee-owner
one
3
irrevocable
lifetime
election
to
exclude
from
state
individual
4
income
tax
the
net
capital
gain
from
the
state
of
the
capital
5
stock
on
one
qualified
corporation.
The
election
applies
to
6
all
subsequent
sales
or
exchanges
of
capital
stock.
7
The
bill
phases
in
over
a
three-year
period
the
complete
8
exclusion
from
the
individual
income
tax
the
net
capital
gain
9
from
the
sale
of
capital
stock
on
one
qualified
corporation.
10
The
percentage
of
the
capital
gain
that
is
excluded
for
tax
11
years
beginning
in
2023,
2024,
and
2025
and
beyond
is
33
12
percent,
66
percent,
and
100
percent,
respectively.
Several
13
requirements
must
be
met
for
the
capital
stock
to
qualify
14
as
capital
stock
of
a
qualified
corporation.
The
qualified
15
corporation
must
have
employed
individuals
in
this
state
for
16
at
least
10
years.
The
qualified
corporation
must
have
had
at
17
least
five
shareholders
for
the
10
years
prior
to
the
first
18
sale
or
exchange
pursuant
to
the
bill,
and
the
corporation
must
19
have
had
at
least
two
shareholders
or
groups
of
shareholders
20
who
are
not
related
for
the
10
years
prior
to
the
sale
or
21
exchange.
The
bill
requires
the
capital
stock
to
be
common
or
22
preferred
stock,
and
may
be
either
voting
or
nonvoting,
but
23
does
not
include
warrants,
stock
options,
or
debt
securities.
24
The
bill
provides
that
the
election
applies
to
transfers
of
25
the
capital
stock
by
inter
vivos
gift
from
the
employee-owner
26
to
a
spouse,
or
to
a
trust
for
the
benefit
of
the
27
employee-owner’s
spouse.
The
election
will
apply
to
a
spouse
28
only
if
the
spouse
was
married
to
the
employee-owner
on
the
29
date
of
the
sale
or
the
date
of
the
employee-owner’s
death.
30
If,
after
making
a
valid
inter
vivos
gift
of
stock
that
meets
31
all
the
requirements
for
an
election,
an
employee-owner
dies
32
without
making
an
election,
the
surviving
spouse,
or
if
there
33
is
no
surviving
spouse,
the
personal
representative
of
the
34
employee-owner’s
estate,
may
make
the
election.
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An
election
under
the
bill
is
made
on
a
form
prescribed
by
1
the
department
of
revenue
and
included
with
the
taxpayer’s
2
state
income
tax
return
for
the
taxable
year
in
which
the
3
election
is
made.
4
The
division
takes
effect
January
1,
2023,
and
applies
to
tax
5
years
beginning
on
or
after
that
date.
6
DIVISION
II
——
RETIRED
FARMER
LEASE
INCOME
EXCLUSION.
7
Commencing
with
tax
years
beginning
on
or
after
January
1,
8
2023,
the
bill
excludes
from
the
individual
income
tax
a
9
retired
farmer’s
total
net
income
received
pursuant
to
a
10
farm
tenancy
agreement
covering
real
property
held
by
the
11
retired
farmer
for
10
or
more
years,
if
the
farmer
materially
12
participated
in
a
farming
business
for
10
or
more
years.
13
Net
income
from
a
farm
tenancy
agreement
earned
by
an
14
entity
taxed
as
a
partnership
for
federal
tax
purposes,
an
S
15
corporation,
or
a
trust
or
estate
is
not
eligible
for
the
lease
16
income
exclusion,
even
if
the
net
income
passes
through
to
a
17
retired
farmer.
18
A
retired
farmer
is
not
eligible
for
the
lease
income
19
exclusion
unless
the
farmer
is
at
least
55
years
of
age
and
no
20
longer
materially
participating
in
farming.
21
A
retired
farmer
who
elects
to
claim
the
lease
income
22
exclusion
is
not
eligible,
in
the
tax
year
the
election
is
made
23
or
in
succeeding
tax
years,
to
claim
the
capital
gain
exclusion
24
under
Code
section
422.7(21),
as
amended
by
another
division
of
25
the
bill,
or
the
beginning
farmer
tax
credit.
26
The
division
takes
effect
January
1,
2023,
and
applies
to
tax
27
years
beginning
on
or
after
that
date.
28
DIVISION
III
——
RETIRED
FARMER
CAPITAL
GAIN
EXCLUSION.
The
29
bill
modifies
the
individual
income
tax
capital
gain
exclusion
30
for
the
sale
of
real
property
used
in
a
farming
business
which
31
otherwise
would
have
gone
into
effect
in
tax
year
2023,
which
32
was
enacted
in
2018
Iowa
Acts,
chapter
1161,
section
113,
33
and
later
modified
in
2019
Iowa
Acts,
chapter
162.
The
bill
34
repeals
both
2018
Iowa
Acts,
chapter
1161,
section
113,
and
35
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2019
Iowa
Acts,
chapter
162,
and
creates
a
new
capital
gain
1
exclusion
provision
based
upon
the
2019
Iowa
Acts,
chapter
2
162
provisions,
effective
for
tax
years
beginning
on
or
after
3
January
1,
2023.
4
Under
the
provisions
in
2019
Iowa
Acts,
chapter
162,
section
5
1,
which
otherwise
would
have
gone
into
effect
during
the
2023
6
tax
year,
a
taxpayer
who
materially
participates
in
a
farming
7
business
for
at
least
10
years
and
held
real
property
used
8
in
such
a
business
for
at
least
10
years,
may
make
a
single
9
lifetime
exclusion
election
from
the
individual
income
tax
of
10
the
capital
gain
of
the
sale
of
such
property.
11
The
bill
modifies
the
term
“materially
participated”
in
a
12
farming
business
to
include
a
retired
farmer
if
the
retired
13
farmer
materially
participated
in
a
farming
business
for
10
14
years
or
more,
in
the
aggregate,
prior
to
making
the
election
15
to
exclude
the
capital
gain
of
the
sale
of
real
property
used
16
in
a
farming
business.
17
In
addition
to
a
single
lifetime
exclusion
of
the
capital
18
gain
from
the
sale
of
real
property
used
in
a
farming
business,
19
the
bill
also
allows
a
retired
farmer
to
make
a
single
lifetime
20
exclusion
of
the
net
capital
gain
from
the
sale
of
cattle
21
or
horses
if
held
by
the
retired
farmer
for
breeding,
draft,
22
dairy,
or
sporting
purposes
for
more
than
24
months,
and
23
only
if
the
retired
farmer
materially
participated
in
the
24
farming
business
for
five
of
the
eight
years
preceding
the
25
retired
farmer’s
retirement
or
disability,
and
who
sold
all
26
or
substantially
all
of
the
retired
farmer’s
interest
in
the
27
farming
business
by
the
time
the
election
to
exclude
capital
28
gain
of
the
sale
of
livestock
from
the
individual
income
tax
29
is
made.
30
Additionally,
the
bill
allows
a
retired
farmer
to
make
a
31
single
lifetime
exclusion
of
the
net
capital
gain
from
the
32
sale
of
breeding
livestock,
other
than
cattle
and
horses,
if
33
the
livestock
is
held
by
the
retired
farmer
for
more
than
12
34
months,
and
only
if
the
retired
farmer
materially
participated
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in
the
farming
business
for
five
of
the
eight
years
preceding
1
the
retired
farmer’s
retirement
or
disability,
and
who
sold
all
2
or
substantially
all
of
the
retired
farmer’s
interest
in
the
3
farming
business
by
the
time
the
election
to
exclude
capital
4
gain
of
the
sale
of
livestock
from
the
individual
income
tax
5
is
made.
6
Under
the
bill,
a
retired
farmer
is
not
eligible
for
the
7
capital
gain
exclusion
if
the
retired
farmer
claims
the
8
beginning
farmer
tax
credit
in
the
same
tax
year.
A
retired
9
farmer
electing
the
capital
gain
exclusion
is
not
eligible
to
10
elect
to
exclude
retired
farmer
lease
income
in
the
same
tax
11
year
or
any
succeeding
tax
year.
12
The
division
takes
effect
January
1,
2023,
and
applies
to
13
sales
consummated
on
or
after
that
date.
14
For
sales
consummated
prior
to
January
1,
2023,
the
existing
15
law
in
Code
section
422.7(21)
shall
govern.
16
DIVISION
IV
——
INDIVIDUAL
INCOME
TAX
——
TAX
YEARS
2023-2025.
17
The
bill
repeals
the
individual
income
tax
rates
and
brackets
18
described
in
2018
Iowa
Acts,
chapter
1161,
section
107,
which
19
otherwise
would
have
gone
into
effect
January
1,
2023,
and
20
strikes
and
replaces
the
individual
income
tax
rates
and
21
brackets
for
the
tax
year
beginning
January
1,
2023,
in
Code
22
section
422.5A.
The
bill
reduces
individual
income
tax
rates
23
beginning
with
the
2023
tax
year,
and
reduces
the
number
of
24
individual
income
tax
brackets
beginning
with
the
2024
tax
25
year.
The
modified
individual
income
tax
rates
and
brackets
26
are
as
follows:
27
For
the
2023
tax
year:
28
Married
filing
jointly
29
Income
over:
But
not
over:
Tax
Rate:
30
1)
$0
$12,000
4.40%
31
2)
$12,000
$60,000
4.82%
32
3)
$60,000
$150,000
5.70%
33
4)
$150,000
6.00%
34
All
other
filers
other
than
married
filing
jointly
35
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Income
over:
But
not
over:
Tax
Rate:
1
1)
$0
$6,000
4.40%
2
2)
$6,000
$30,000
4.82%
3
3)
$30,000
$75,000
5.70%
4
4)
$75,000
6.00%
5
For
the
2024
tax
year:
6
Married
filing
jointly
7
Income
over:
But
not
over:
Tax
Rate:
8
1)
$0
$12,000
4.40%
9
2)
$12,000
$60,000
4.82%
10
3)
$60,000
5.70%
11
All
other
filers
other
than
married
filing
jointly
12
Income
over:
But
not
over:
Tax
Rate:
13
1)
$0
$6,000
4.40%
14
2)
$6,000
$30,000
4.82%
15
3)
$30,000
5.70%
16
For
the
2025
tax
year:
17
Married
filing
jointly
18
Income
over:
But
not
over:
Tax
Rate:
19
1)
$0
$12,000
4.40%
20
2)
$12,000
4.82%
21
All
other
filers
other
than
married
filing
jointly
22
Income
over:
But
not
over:
Tax
Rate:
23
1)
$0
$6,000
4.40%
24
2)
$6,000
4.82%
25
Currently,
an
alternate
income
tax
calculation
exists
26
in
Code
section
422.5.
The
alternate
income
tax
is
an
27
alternate
method
of
calculating
income
tax
liability
in
lieu
28
of
the
regular
income
tax
calculation.
The
alternate
method
29
multiplies
the
taxpayer’s
taxable
income
above
the
income
tax
30
filing
thresholds
in
Code
section
422.5(3)(b)
or
422.5(3B)(b)
31
by
the
highest
existing
individual
income
tax
rate
until
32
the
taxpayer’s
tax
liability
is
equal
to
the
tax
liability
33
that
would
have
been
calculated
under
the
regular
income
tax
34
calculation
method,
then
after
such
point
the
regular
income
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tax
calculation
with
the
regular
income
tax
rates
are
used.
1
The
bill
phases
in
changes
to
the
alternate
tax
rate
until
the
2
rate
is
set
at
3.50
percent
commencing
with
tax
years
beginning
3
on
or
after
January
1,
2026.
4
The
division
takes
effect
January
1,
2023,
and
applies
to
tax
5
years
beginning
on
or
after
that
date.
6
DIVISION
V
——
INDIVIDUAL
INCOME
TAX
——
FLAT
RATE.
Commencing
7
with
tax
years
beginning
on
or
after
January
1,
2026,
the
8
bill
establishes
a
flat
4.00
percent
individual
income
tax
9
rate
on
all
taxable
income
and
moves
the
individual
income
10
tax
rate
from
Code
section
422.5A
to
Code
section
422.5.
The
11
division
takes
effect
January
1,
2026,
and
applies
to
tax
years
12
beginning
on
or
after
that
date.
13
DIVISION
VI
——
CORPORATE
INCOME
TAX
RATES
——
ADJUSTMENTS.
14
The
bill
establishes
a
procedure
where
the
corporate
income
tax
15
rates
may
be
modified
commencing
with
tax
years
beginning
on
or
16
after
January
1,
2023.
17
By
November
1,
2022,
and
by
November
1
each
year
thereafter,
18
the
department
of
management
shall
determine
the
net
corporate
19
income
tax
receipts
for
the
fiscal
year
preceding
the
20
determination
date.
If
net
corporate
income
tax
receipts
for
21
the
preceding
fiscal
year
exceed
$700
million,
the
department
22
of
revenue
shall
adjust
and
apply
new
corporate
income
tax
23
rates.
24
Under
the
bill,
if
a
determination
has
been
made
that
net
25
corporate
income
tax
receipts
for
the
preceding
fiscal
year
26
exceeded
$700
million,
the
department
of
revenue
shall
adjust
27
the
two
highest
current
corporate
tax
rates
and
apply
the
28
adjusted
rates
for
tax
years
beginning
on
or
after
the
next
29
January
1
following
the
determination
date.
30
The
bill
requires
the
tax
rates
subject
to
adjustment
to
be
31
adjusted
in
such
a
way
that
when
combined
with
all
the
rates
32
specified
in
Code
section
422.33(1),
the
tax
rates
would
have
33
generated
net
corporate
income
tax
receipts
that
equal
$700
34
million.
The
bill
prohibits
the
tax
rates
to
be
adjusted
below
35
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5.5
percent.
1
If
a
tax
rate
is
adjusted,
the
bill
requires
the
director
2
of
revenue
to
cause
an
advisory
notice
containing
the
new
3
corporate
tax
rates
to
be
published
in
the
Iowa
administrative
4
bulletin
and
on
the
internet
site
of
the
department
of
revenue.
5
The
calculation
and
publication
of
the
adjusted
tax
rate
by
the
6
director
of
revenue
is
exempt
from
Code
chapter
17A,
and
shall
7
be
submitted
for
publication
by
the
first
December
31
following
8
the
determination
date
to
adjust
the
tax
rates.
9
DIVISION
VII
——
CORPORATE
INCOME
TAX
——
FLAT
TAX.
When
10
the
corporate
income
tax
rates
are
adjusted
to
a
point
where
11
all
the
rates
equal
5.5
percent,
the
bill
amends
Code
section
12
422.33(1)
to
codify
that
the
corporate
tax
rate
at
5.5
percent.
13
The
division
contingently
takes
effect
the
first
January
1
14
after
such
an
occurrence,
and
applies
to
tax
years
beginning
15
on
or
after
that
date.
16
DIVISION
VIII
——
RETIREMENT
INCOME
EXCLUSION.
Under
current
17
law,
a
taxpayer
who
is
disabled,
who
is
at
least
55
years
of
18
age,
or
who
is
the
surviving
spouse
or
other
specified
survivor
19
of
that
qualifying
taxpayer,
may
exclude
a
maximum
of
$6,000
of
20
other
retirement
income
($12,000
for
married
persons).
21
Commencing
with
tax
years
beginning
January
1,
2023,
the
22
bill
excludes
retirement
income
from
the
computation
of
net
23
income
for
purposes
of
the
individual
income
tax.
In
order
24
to
be
eligible
for
the
retirement
income
exclusion,
a
person
25
must
be
disabled,
at
least
55
years
of
age,
or
be
the
surviving
26
spouse
of
an
individual
or
be
a
survivor
having
an
insurable
27
interest
in
an
individual
who
would
have
qualified
for
the
28
retirement
income
exclusion.
29
The
bill
does
not
change
current
law
allowing
a
taxpayer
30
to
exclude
all
retirement
pay,
including
certain
survivor
31
benefits,
received
from
the
federal
government
for
military
32
service
performed
in
the
armed
forces,
the
armed
forces
33
military
reserve,
or
national
guard.
34
The
bill
strikes
a
provision
permitting
moneys
in
the
35
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taxpayer
relief
fund
to
be
used
for
increases
in
the
general
1
retirement
income
exclusions
in
Code
section
422.7(31)
because
2
the
bill
provides
for
the
complete
exclusion
of
such
retirement
3
income.
4
The
bill
also
excludes
this
retirement
income
from
the
5
calculation
of
net
income
for
purposes
of
determining
whether
6
or
not
a
taxpayer’s
net
income
exceeds
the
amount
at
which
the
7
individual
income
tax
will
not
be
imposed
pursuant
to
Code
8
section
422.5(3)
or
422.5(3B),
and
for
which
an
individual
9
income
tax
return
is
not
required
to
be
filed,
and
for
purposes
10
of
calculating
the
alternate
tax
in
Code
section
422.5,
and
11
further
provides
that
any
retirement
income
excluded
from
12
the
individual
income
tax
will
not
be
added
back
to
these
13
calculations
for
tax
years
beginning
in
2023
or
later.
14
The
division
takes
effect
January
1,
2023,
and
applies
to
tax
15
years
beginning
on
or
after
that
date.
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