Bill Text: AZ HB2617 | 2013 | Fifty-first Legislature 1st Regular | Introduced
Bill Title: School tuition organizations; preapproval; entities
Spectrum: Partisan Bill (Republican 32-1)
Status: (Vetoed) 2013-06-20 - Governor Vetoed [HB2617 Detail]
Download: Arizona-2013-HB2617-Introduced.html
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REFERENCE TITLE: school tuition organizations; preapproval; entities |
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State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
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HB 2617 |
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Introduced by Representatives Olson, Allen, Boyer, Gowan, Kavanagh, Kwasman, Lesko, Mitchell, Montenegro, Orr, Seel, Smith, Stevens, Senators Burges, Murphy: Representatives Barton, Borrelli, Fann, Farnsworth, Forese, Gray, Livingston, Mesnard, Petersen, Pierce J, Pratt, Thorpe, Townsend, Senators Barto, McGuire, Melvin, Ward, Yee
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AN ACT
amending sections 43-1183 and 43-1184, Arizona Revised Statutes; relating to corporate income tax credits.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 43-1183, Arizona Revised Statutes, is amended to read:
43-1183. Credit for contributions to school tuition organization; definitions
A. Beginning from and after June 30, 2006, a credit is allowed against the taxes imposed by this title for the amount of voluntary cash contributions made by the taxpayer during the taxable year to a school tuition organization that is certified pursuant to chapter 15 of this title at the time of donation.
B. The amount of the credit is the total amount of the taxpayer's contributions for the taxable year under subsection A of this section and is preapproved by the department of revenue pursuant to subsection D of this section.
C. The department of revenue:
1. Shall not allow tax credits under this section and section 20‑224.06 that exceed in the aggregate a combined total of ten million dollars in any fiscal year. Beginning in fiscal year 2007‑2008, the aggregate dollar amount of the tax credit cap from the previous fiscal year shall be annually increased by twenty per cent.
2. Shall preapprove tax credits under this section and section 20‑224.06 subject to subsection D of this section.
3. Shall allow the tax credits under this section and section 20‑224.06 on a first come, first served basis.
D. For the purposes of subsection C, paragraph 2 of this section, before making a contribution to a school tuition organization, the taxpayer under this title or title 20 must notify the school tuition organization of the total amount of contributions that the taxpayer intends to make to the school tuition organization. Before accepting the contribution, the school tuition organization shall request preapproval from the department of revenue for the taxpayer's intended contribution amount. The department shall establish a website to accept and process these requests electronically. The department of revenue shall preapprove or deny the requested amount within twenty days after receiving the request from the school tuition organization and shall issue a printable notice that the request was approved or denied. If the department of revenue preapproves the request, the school tuition organization shall immediately notify the taxpayer, and the department of insurance in the case of a credit under section 20‑224.06, that the requested amount was preapproved by the department of revenue. In order to receive a tax credit under this subsection, the taxpayer shall make the contribution to the school tuition organization within twenty days after receiving notice from the school tuition organization that the requested amount was preapproved. If the school tuition organization does not receive the preapproved contribution from the taxpayer within the required twenty days, the school tuition organization shall immediately notify the department of revenue, and the department of insurance in the case of a credit under section 20‑224.06, and the department of revenue shall no longer include this preapproved contribution amount when calculating the limit prescribed in subsection C, paragraph 1 of this section.
E. If the allowable tax credit exceeds the taxes otherwise due under this title on the claimant's income, or if there are no taxes due under this title, the taxpayer may carry the amount of the claim not used to offset the taxes under this title forward for not more than five consecutive taxable years' income tax liability.
F. Co-owners of a business, including corporate partners in a partnership, may each claim only the pro rata share of the credit allowed under this section based on the ownership interest. The total of the credits allowed all such owners may not exceed the amount that would have been allowed a sole owner.
G. The credit allowed by this section is in lieu of any deduction pursuant to section 170 of the internal revenue code and taken for state tax purposes.
H. A taxpayer shall not claim a credit under this section and also under section 43‑1184 with respect to the same contribution.
I. The tax credit is not allowed if the taxpayer designates the taxpayer's contribution to the school tuition organization for the direct benefit of any specific student.
J. For a taxpayer that is a limited liability company, the allowable tax credit that may be apportioned to a member is the amount of tax liability for the member's share of profits calculated at the effective tax rate for the member's total income. The limited liability company shall allocate the credit as prescribed in section 29‑709.
K. For a taxpayer that is a small business corporation that makes an election for the taxable year pursuant to subtitle A, chapter 1, subsection S of the internal revenue code, the allowable tax credit that may be apportioned to a stockholder is the amount of tax liability for the stockholder's share of income calculated at the effective tax rate for the stockholder's total income.
L. A member or stockholder who is apportioned a credit allowed for a taxpayer under this section may take any additional credits allowed against taxable individual income pursuant to chapter 10, article 5 of this title.
J. M. The department of revenue, with the cooperation of the department of insurance, shall adopt rules and publish and prescribe forms and procedures necessary for the administration of this section.
N. For the purposes of this section:
1. "Effective tax rate" means the actual tax rate paid when the taxpayer's amount of tax due is divided by the taxpayer's total income.
2. "Taxpayer" includes:
(a) Notwithstanding section 43-1126, a small business corporation that makes an election for the taxable year pursuant to subtitle A, chapter 1, subsection S of the internal revenue code. The corporation shall apportion the credit as prescribed in section 43-1126, subsection B.
(b) A limited liability company that elects to be treated as a corporation for federal income tax purposes.
Sec. 2. Section 43-1184, Arizona Revised Statutes, is amended to read:
43-1184. Credit for contributions to school tuition organization; displaced students; students with disabilities; definitions
A. Beginning from and after June 30, 2009, a credit is allowed against the taxes imposed by this title for the amount of voluntary cash contributions made by the taxpayer during the taxable year to a school tuition organization that is certified pursuant to chapter 15 of this title at the time of donation.
B. The amount of the credit is the total amount of the taxpayer's contributions for the taxable year under subsection A of this section and is preapproved by the department of revenue pursuant to subsection D of this section.
C. The department of revenue:
1. Shall not allow tax credits under this section and section 20‑224.07 that exceed in the aggregate a combined total of five million dollars in any fiscal year.
2. Shall preapprove tax credits under this section and section 20‑224.07 subject to subsection D of this section.
3. Shall allow the tax credits under this section and section 20‑224.07 on a first come, first served basis.
D. For the purposes of subsection C, paragraph 2 of this section, before making a contribution to a school tuition organization, the taxpayer under this title or title 20 must notify the school tuition organization of the total amount of contributions that the taxpayer intends to make to the school tuition organization. Before accepting the contribution, the school tuition organization shall request preapproval from the department of revenue for the taxpayer's intended contribution amount. The department shall establish a website to accept and process these requests electronically. The department of revenue shall preapprove or deny the requested amount within twenty days after receiving the request from the school tuition organization and shall issue a printable notice that the request was approved or denied. If the department of revenue preapproves the request, the school tuition organization shall immediately notify the taxpayer that the requested amount was preapproved by the department of revenue. In order to receive a tax credit under this subsection, the taxpayer shall make the contribution to the school tuition organization within twenty days after receiving notice from the school tuition organization that the requested amount was preapproved. If the school tuition organization does not receive the preapproved contribution from the taxpayer within the required twenty days, the school tuition organization shall immediately notify the department of revenue and the department shall no longer include this preapproved contribution amount when calculating the limit prescribed in subsection C, paragraph 1 of this section.
E. If the allowable tax credit exceeds the taxes otherwise due under this title on the claimant's income, or if there are no taxes due under this title, the taxpayer may carry the amount of the claim not used to offset the taxes under this title forward for not more than five consecutive taxable years' income tax liability.
F. Co-owners of a business, including corporate partners in a partnership, may each claim only the pro rata share of the credit allowed under this section based on the ownership interest. The total of the credits allowed all such owners may not exceed the amount that would have been allowed a sole owner.
G. The credit allowed by this section is in lieu of any deduction pursuant to section 170 of the internal revenue code and taken for state tax purposes.
H. A taxpayer shall not claim a credit under this section and also under section 43‑1183 with respect to the same contribution.
I. The tax credit is not allowed if the taxpayer designates the taxpayer's contribution to the school tuition organization for the direct benefit of any specific student.
J. For a taxpayer that is a limited liability company, the allowable tax credit that may be apportioned to a member is the amount of tax liability calculated at that member's effective tax rate for the member's total income. The limited liability company shall allocate the credit as prescribed in section 29‑709.
K. For a taxpayer that is a small business corporation that makes an election for the taxable year pursuant to subtitle A, chapter 1, subsection S of the internal revenue code, the allowable tax credit that may be apportioned to a stockholder is the amount of tax liability calculated at that stockholder's effective tax rate for the stockholder's total income.
L. A member or stockholder who is apportioned a credit allowed for a taxpayer under this section may take any additional credits allowed against taxable individual income pursuant to chapter 10, article 5 of this title.
J. M. The department of revenue shall adopt rules necessary for the administration of this section.
N. For the purposes of this section:
1. "Effective tax rate" means the actual tax rate paid when the taxpayer's amount of tax due is divided by the taxpayer's total income.
2. "Taxpayer" includes:
(a) Notwithstanding section 43-1126, a small business corporation that makes an election for the taxable year pursuant to subtitle A, chapter 1, subsection S of the internal revenue code. The corporation shall apportion the credit as prescribed in section 43-1126, subsection B.
(b) A limited liability company that elects to be treated as a corporation for federal income tax purposes.
