House
Study
Bill
130
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
ECONOMIC
GROWTH
AND
TECHNOLOGY
BILL
BY
CHAIRPERSON
SORENSEN)
A
BILL
FOR
An
Act
creating
the
quantum
technology
tax
credit
available
1
against
the
individual
and
corporate
income
taxes,
and
2
including
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
15.381
Quantum
technology
tax
1
credit.
2
1.
As
used
in
this
part,
unless
the
context
otherwise
3
requires:
4
a.
“Consortium”
means
a
group
of
entities
for
profit
or
5
for
nonprofit,
or
both,
that
are
jointly
making
qualifying
6
investments
in
an
eligible
project
to
create
a
shared
quantum
7
facility.
8
b.
“Department”
means
the
department
of
revenue.
9
c.
“Eligible
project”
means
a
capital
project
undertaken
10
in
this
state
to
create
a
shared
quantum
facility
for
which
a
11
qualified
applicant
makes
qualifying
investments
approved
by
12
the
authority.
13
d.
“Qualified
applicant”
means
a
nonprofit
or
for-profit
14
entity
including
a
consortium
that
submits
a
successful
15
application
to
the
authority
for
the
reservation
or
issuance
16
of
tax
credits.
17
e.
(1)
“Qualifying
fixed
capital
asset”
means
any
of
the
18
following:
19
(a)
Land
in
this
state.
20
(b)
Tangible
personal
property
acquired
for
use
exclusively
21
in
this
state
for
which
a
qualified
applicant
is
allowed
a
22
deduction
for
depreciation
pursuant
to
section
167
of
the
23
Internal
Revenue
Code,
including
furniture,
fixtures,
and
24
equipment
such
as
outfitting
an
office,
laboratory
machines,
25
refrigeration,
HVAC
systems,
piping,
measuring,
monitoring
26
and
instrumentation
equipment,
and
any
hardware
and
software
27
developed
by
third
parties
necessary
for
quantum
technology
28
applications.
29
(c)
Computer
software
acquired
for
use
exclusively
in
this
30
state
for
which
the
qualified
applicant
is
allowed
a
deduction
31
for
depreciation
pursuant
to
section
167
of
the
Internal
32
Revenue
Code.
33
(2)
“Qualifying
fixed
capital
asset”
is
limited
to
property
34
acquired,
constructed,
reconstructed,
or
erected
as
part
of
a
35
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coordinated
plan
to
create
a
shared
quantum
facility.
1
f.
“Qualifying
investment”
means
the
amount
paid
by
a
2
qualified
applicant
to
acquire,
construct,
reconstruct,
or
3
erect
qualifying
fixed
capital
assets
to
the
extent
such
amount
4
is
required
to
be
capitalized
pursuant
to
the
Internal
Revenue
5
Code
or
such
amount
is
allowed
to
be
deducted
under
section
179
6
of
the
Internal
Revenue
Code.
“Qualifying
investment”
includes
7
an
amount
capitalized
by
a
lessee
of
qualifying
fixed
capital
8
assets
for
a
lease
that
is
treated
as
a
sale
for
federal
income
9
tax
purposes.
10
g.
“Quantum
business”
means
a
private
for-profit
business
or
11
a
nonprofit
organization
that
has
quantum
technology
as
a
key
12
part
of
its
business
model
or
organizational
purpose,
including
13
but
not
limited
to
manufacturing,
testing,
production,
research
14
and
development,
or
enhancement
of
hardware
or
software
to
15
perform
or
use
quantum
technology
as
a
key
input
or
output
16
of
its
business
model,
and
companies
that
produce
goods
for
17
services
that
are
key
inputs
for
other
quantum
business.
18
h.
“Shared
quantum
facility”
means
a
primary
location
in
19
this
state
where
a
qualified
applicant
performs
activities
20
and
provides
economic
benefit
related
to
supporting
quantum
21
business
and
a
quantum
ecosystem.
22
2.
a.
An
applicant
shall
submit
an
application
to
the
23
authority
in
a
manner
prescribed
by
the
authority
for
the
24
quantum
technology
tax
credit.
A
successful
application
by
a
25
qualified
applicant
shall
include
but
not
be
limited
to
the
26
following:
27
(1)
An
eligible
project
placed
in
service
prior
to
January
28
1,
2031.
29
(2)
A
federal
grant
from
the
economic
development
30
administration
for
the
regional
technology
and
innovation
31
program
or
from
a
comparable
federal
grant
program
where
the
32
applicant
received
at
least
two
million
dollars
in
grant
33
funding.
34
b.
(1)
If
a
qualified
applicant
is
a
consortium,
the
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amount
of
the
credit
allowed
by
the
authority
shall
include
1
the
aggregate
qualifying
investment
by
all
the
members
of
the
2
consortium.
3
(2)
(a)
A
consortium
shall
designate
and
disclose
4
the
representative
to
act
on
behalf
of
the
consortium
for
5
tax
matters.
The
representative
shall
provide
the
name
6
and
taxpayer
identification
number
of
each
member
of
the
7
consortium.
8
(b)
The
representative
is
responsible
for
representing
and
9
binding
the
consortium
with
respect
to
all
matters
involving
10
the
credit,
including
submitting
the
application,
representing
11
the
consortium
before
the
authority,
notifying
the
authority
12
the
eligible
project
has
been
placed
in
service,
submitting
13
proof
of
compliance,
and
submitting
any
other
information
14
required
by
the
authority.
15
3.
a.
Upon
review
of
the
application
and
approval
by
the
16
authority
to
receive
the
tax
credit,
the
authority
shall
issue
17
a
tax
credit
certificate
to
a
qualified
business
indicating
18
the
amount
available
to
be
claimed,
or
reserve
tax
credits
19
as
provided
in
paragraph
“b”
.
The
authority
may
authorize
20
a
tax
credit
in
an
amount
equal
to
the
qualified
applicant’s
21
estimated
qualifying
investment.
22
b.
(1)
The
authority
may
determine
that
a
qualified
23
applicant
is
entitled
to
a
tax
credit
reservation.
If
the
24
authority
issues
a
tax
credit
reservation
for
the
qualified
25
applicant,
the
authority
shall
notify
the
qualified
applicant
26
of
the
reservation
of
the
tax
credit
and
the
amount
reserved.
27
The
reservation
of
a
tax
credit
does
not
entitle
the
qualified
28
applicant
to
the
issuance
of
a
tax
credit
certificate
until
29
the
qualified
applicant
complies
with
all
other
requirements
30
specified
in
this
section
for
the
issuance
of
the
tax
credit.
31
When
the
authority
approves
a
tax
credit
reservation,
the
32
authority
may
also
impose
additional
requirements
on
the
33
qualified
applicant,
which
the
qualified
applicant
must
satisfy
34
as
part
of
completing
the
qualifying
investment
before
a
tax
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credit
certificate
is
issued
to
the
qualified
applicant.
1
(2)
A
reserved
tax
credit
shall
be
provided
to
the
qualified
2
applicant
as
a
tax
credit
certificate
on
an
ongoing
basis
as
3
the
qualified
applicant
incurs
qualifying
expenses,
subject
to
4
approval
by
the
authority.
5
4.
For
tax
years
beginning
on
or
after
January
1,
2026,
but
6
before
January
1,
2033,
the
quantum
technology
tax
credit
is
7
available
to
a
qualified
applicant
that
has
been
approved
for
8
a
tax
credit
by
the
authority.
9
5.
To
claim
a
tax
credit
under
this
section,
a
taxpayer
10
shall
include
one
or
more
tax
credit
certificates
with
11
the
taxpayer’s
tax
return.
The
tax
credit
certificate,
12
unless
rescinded
by
the
authority,
shall
be
accepted
by
the
13
department
as
payment
for
taxes
imposed
pursuant
to
chapter
14
422,
subchapters
II
and
III,
subject
to
any
conditions
or
15
restrictions
placed
by
the
authority
upon
the
face
of
the
tax
16
credit
certificate
and
subject
to
any
other
limitations.
17
6.
An
individual
may
claim
a
quantum
technology
tax
credit
18
incurred
by
a
partnership,
S
corporation,
limited
liability
19
company,
estate,
or
trust
electing
to
have
the
income
taxed
20
directly
to
the
individual.
The
amount
claimed
by
the
21
individual
shall
be
based
upon
the
pro
rata
share
of
the
22
individual’s
earnings
of
a
partnership,
S
corporation,
limited
23
liability
company,
estate,
or
trust.
24
7.
Any
tax
credit
in
excess
of
the
qualified
applicant’s
25
tax
liability
is
refundable.
In
lieu
of
claiming
a
refund,
26
the
taxpayer
may
elect
to
have
the
overpayment
shown
on
the
27
taxpayer’s
final
completed
return
credited
to
the
tax
liability
28
for
the
following
year.
29
8.
Tax
credit
certificates
issued
pursuant
to
this
section
30
shall
not
be
transferred
to
any
other
person.
31
9.
a.
In
each
fiscal
year
beginning
on
or
after
July
32
1,
2026,
the
authority
may
award
an
amount
of
tax
credits
33
and
reserved
tax
credits
under
the
program
not
to
exceed
34
twenty-four
million
dollars
each
fiscal
year,
subject
to
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paragraph
“b”
.
1
b.
The
total
tax
credits
awarded
pursuant
to
this
section
2
shall
not
exceed
forty-four
million
dollars
in
the
aggregate.
3
c.
The
authority
may
limit
the
total
amount
of
tax
credits
4
reserved
or
awarded
to
a
qualified
applicant
to
an
amount
less
5
than
the
estimated
qualifying
investment
or
the
qualifying
6
investment.
7
10.
In
determining
which
eligible
project
to
award
a
tax
8
credit
to,
the
authority
may
prioritize
eligible
projects
9
that
demonstrate
an
ability
to
meet
application
requirements,
10
have
received
a
substantial
federal
award
for
purposes
of
11
cultivating
and
expanding
a
quantum-related
ecosystem
within
12
this
state,
and
have
provided
detailed
explanations
of
the
ways
13
the
shared
quantum
facility
benefits
the
quantum
industry
in
14
this
state.
15
11.
The
failure
of
a
qualified
applicant
in
fulfilling
any
16
requirement
under
this
section
or
any
terms
and
obligations
of
17
any
agreement
entered
pursuant
to
this
section
may
result
in
18
the
reduction,
termination,
or
rescission
of
the
tax
credits
19
claimed.
The
repayment
or
recapture
of
tax
credits
pursuant
20
to
this
subsection
shall
be
accomplished
in
the
same
manner
as
21
provided
in
section
15.330,
subsection
2.
22
12.
a.
If,
prior
to
completion
of
the
eligible
project,
23
the
qualified
applicant
sells,
transfers,
or
abandons,
or
24
repurposes
a
substantial
portion
of
the
qualifying
fixed
25
capital
assets
for
which
the
qualified
applicant
was
allowed
26
a
tax
credit
pursuant
to
this
section,
or
otherwise
ceases
27
to
operate
the
shared
quantum
facility
in
this
state,
the
28
qualified
applicant
shall
notify
the
authority
of
such
an
29
event,
and
the
authority
shall
notify
the
department
that
the
30
tax
credit
awarded
pursuant
to
this
section
is
to
be
rescinded.
31
b.
This
subsection
does
not
apply
if
the
quantum
facility
32
experiences
a
casualty
loss
and
if
the
qualifying
fixed
capital
33
assets
are
restored
within
a
reasonable
amount
of
time.
34
13.
Beginning
January
15,
2028,
and
every
two
years
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thereafter
through
January
15,
2032,
the
authority
shall
1
provide
a
report
to
the
general
assembly
detailing
the
issuance
2
of
the
tax
credits.
The
report
shall
include
a
description
of
3
each
eligible
project
placed
in
service,
a
description
of
the
4
uses
of
each
eligible
project,
the
number
of
jobs
supported
in
5
the
quantum
industry
in
the
state
as
a
result
of
the
eligible
6
project,
an
overview
of
the
types
of
intellectual
property
that
7
have
been
advanced
through
the
eligible
project,
the
qualified
8
applicant’s
name,
and
the
amount
of
credits
awarded
to
the
9
qualified
applicant.
10
14.
The
authority
shall
adopt
rules
pursuant
to
chapter
17A
11
to
administer
this
section.
12
15.
This
section
is
repealed
January
1,
2038.
13
Sec.
2.
NEW
SECTION
.
422.10C
Quantum
technology
credit.
14
The
taxes
imposed
under
this
subchapter,
less
the
credits
15
allowed
under
section
422.12,
shall
be
reduced
by
a
quantum
16
technology
credit
allowed
under
section
15.381.
This
section
17
is
repealed
January
1,
2038.
18
Sec.
3.
Section
422.33,
Code
2025,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
27.
The
taxes
imposed
under
this
subchapter
21
shall
be
reduced
by
a
quantum
technology
tax
credit
allowed
22
under
section
15.381.
This
subsection
is
repealed
January
1,
23
2038.
24
Sec.
4.
APPLICABILITY.
This
Act
applies
to
tax
years
25
beginning
on
or
after
January
1,
2026.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
creates
the
quantum
technology
tax
credit
(credit)
30
available
against
the
individual
and
corporate
income
taxes
for
31
eligible
projects.
32
The
bill
defines
“eligible
project”
to
mean
a
capital
33
project
undertaken
in
this
state
to
create
a
shared
quantum
34
facility
for
which
a
qualified
applicant
makes
qualifying
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investments
approved
by
the
Iowa
economic
development
authority
1
(authority).
2
An
applicant
for
the
credit
may
include
a
group
of
entities
3
for
profit
or
for
nonprofit,
or
both,
including
a
consortium
4
that
are
jointly
making
qualifying
investments
in
an
eligible
5
project
to
create
a
shared
quantum
facility.
6
The
bill
defines
“shared
quantum
facility”
to
mean
a
primary
7
location
in
this
state
where
a
qualified
applicant
performs
8
activities
and
provides
economic
benefit
related
to
supporting
9
quantum
business
and
a
quantum
ecosystem.
10
An
applicant
for
the
credit
shall
submit
an
application
to
11
the
authority
in
a
manner
prescribed
by
the
authority.
The
12
application
of
a
qualified
applicant
shall
include
but
not
13
be
limited
to
an
eligible
project
placed
in
service
prior
14
to
January
1,
2031,
and
a
multimillion
dollar
federal
grant
15
from
the
economic
development
administration
for
the
regional
16
technology
and
innovation
program
or
from
a
comparable
federal
17
grant
program.
If
a
qualified
applicant
is
a
consortium,
the
18
amount
of
the
credit
allowed
by
the
authority
shall
include
19
the
aggregate
qualifying
investment
by
all
the
members
of
the
20
consortium.
The
bill
requires
a
consortium
to
designate
and
21
disclose
the
representative
to
act
on
behalf
of
the
consortium
22
for
tax
matters.
The
representative
shall
provide
the
name
23
and
taxpayer
identification
number
of
each
member
of
the
24
consortium.
25
Upon
review
of
the
application
and
approval
by
the
authority
26
to
receive
the
credit,
the
authority
shall
issue
a
tax
credit
27
certificate
to
a
qualified
business
indicating
the
amount
28
available
to
be
claimed.
The
authority
may
authorize
a
29
tax
credit
in
an
amount
equal
to
the
qualified
applicant’s
30
estimated
qualifying
investment.
31
The
bill
defines
“qualifying
investment”
to
mean
the
32
amount
paid
by
a
qualified
applicant
to
acquire,
construct,
33
reconstruct,
or
erect
qualifying
fixed
capital
assets
to
the
34
extent
such
amount
is
required
to
be
capitalized
pursuant
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_____
to
the
Internal
Revenue
Code
or
such
amount
is
allowed
to
1
be
deducted
under
section
179
of
the
Internal
Revenue
Code.
2
The
bill
defines
“qualifying
fixed
capital
assets”
to
mean
3
land,
tangible
personal
property,
and
computer
software
used
4
exclusively
in
this
state
as
part
of
a
coordinated
plan
to
5
create
a
shared
quantum
facility.
6
The
authority
may
determine
that
a
qualified
applicant
7
is
entitled
to
a
credit
reservation.
The
reservation
of
a
8
credit
does
not
entitle
the
qualified
applicant
to
the
issuance
9
of
a
tax
credit
certificate
until
the
qualified
applicant
10
complies
with
all
other
requirements
specified
in
the
bill
11
for
the
issuance
of
the
credit.
When
the
authority
approves
12
a
tax
credit
reservation
under
the
bill,
the
authority
may
13
also
impose
additional
requirements
on
the
qualified
applicant
14
before
a
tax
credit
certificate
is
issued
to
the
qualified
15
applicant.
16
The
credit
is
available
for
tax
years
beginning
on
or
after
17
January
1,
2026,
but
before
January
1,
2033.
The
bill
limits
18
the
aggregate
amount
of
credits
and
reserved
credits
awarded
19
each
fiscal
year
to
$24
million,
and
restricts
the
total
tax
20
credits
that
may
be
awarded
to
$44
million
in
the
aggregate.
21
In
determining
which
eligible
project
to
award
a
credit
to,
22
the
authority
may
prioritize
eligible
projects
that
demonstrate
23
an
ability
to
meet
application
requirements,
have
received
24
a
substantial
federal
award
for
purposes
of
cultivating
and
25
expanding
a
quantum-related
ecosystem
within
this
state,
and
26
have
provided
detailed
explanations
of
the
ways
the
shared
27
quantum
facility
benefits
the
quantum
industry
in
the
state.
28
The
failure
of
a
qualified
applicant
in
fulfilling
any
29
requirement
under
the
bill
or
any
terms
and
obligations
of
30
any
agreement
may
result
in
the
reduction,
termination,
or
31
rescission
of
the
tax
credits
claimed.
The
bill
also
specifies
32
the
procedures
for
the
repayment
or
recapture
of
credits.
33
The
bill
requires
the
authority
to
adopt
rules
to
administer
34
the
credit.
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The
bill
applies
to
tax
years
beginning
on
or
after
January
1
1,
2026.
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