Bill Text: IA HF2082 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act creating the new resident and new graduate tax credits, available against the individual income tax, and including retroactive applicability provisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-02-06 - Subcommittee recommends passage. [HF2082 Detail]

Download: Iowa-2019-HF2082-Introduced.html
House File 2082 - Introduced HOUSE FILE 2082 BY LOHSE A BILL FOR An Act creating the new resident and new graduate tax credits, 1 available against the individual income tax, and including 2 retroactive applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5281YH (7) 88 jm/jh
H.F. 2082 Section 1. NEW SECTION . 422.12O New resident tax credit. 1 1. a. For purposes of this section, “new resident” means an 2 individual who became a resident of Iowa upon taking full-time 3 employment in this state, who remains a resident of and 4 employed full-time in this state while claiming the credit, and 5 who has not been a resident of this state at any time during the 6 previous twelve-month period prior to establishing residency 7 in this state. 8 b. For purposes of this section, “public assistance” means 9 the supplemental nutrition assistance program, the Medicaid 10 program, or the family investment program. 11 2. a. The taxes imposed under this division less the 12 credits allowed under section 422.12 shall be reduced by a new 13 resident tax credit equal to one hundred percent of the taxes 14 imposed in a tax year for up to four consecutive tax years. 15 b. An individual may claim the credit during either the 16 first or second tax year of residency, and shall take the 17 credit consecutively every tax year thereafter as provided in 18 paragraph “a” . 19 c. An individual is eligible to take the credit one time in 20 the individual’s lifetime. If an individual is unable to claim 21 the credit in consecutive tax years, the individual shall be 22 ineligible to claim the credit in a future tax year. 23 3. Any new resident tax credit in excess of the tax 24 liability is not refundable. 25 4. An individual claiming the credit may claim an exemption 26 from withholding on the state W-4 form. 27 5. Married taxpayers electing to file separate returns or 28 filing separately on a combined return may avail themselves 29 of the new resident tax credit by allocating the new resident 30 tax credit to each spouse in the proportion that each spouse’s 31 respective earned income bears to the total combined earned 32 income. 33 6. An individual shall not be eligible to claim the credit 34 if the person is receiving public assistance after the first 35 -1- LSB 5281YH (7) 88 jm/jh 1/ 6
H.F. 2082 tax year the credit is claimed. 1 Sec. 2. NEW SECTION . 422.12P New graduate tax credit. 2 1. a. For purposes of this section, “new graduate” means 3 an individual who is a recent graduate from an Iowa-based 4 community college, college, university, or an apprenticeship 5 program as defined in section 15B.2, who is a resident of and 6 employed in this state, and who is thirty years of age or less 7 during the first tax year when claiming the tax credit. 8 b. For purposes of this section, “public assistance” means 9 the supplemental nutrition assistance program, the Medicaid 10 program, or the family investment program. 11 2. a. The taxes imposed under this division less the 12 credits allowed under section 422.12 shall be reduced by a new 13 graduate tax credit equal to one hundred percent of the taxes 14 imposed in a tax year for up to four consecutive tax years. 15 b. An individual may claim the tax credit during either the 16 first or second tax year after graduation, and shall take the 17 credit consecutively every tax year thereafter as provided in 18 paragraph “a” . 19 c. An individual is eligible to take the credit one time in 20 the individual’s lifetime. If an individual is unable to claim 21 the credit in consecutive tax years, the individual shall be 22 ineligible to claim the credit in a future tax year. 23 3. Any new graduate tax credit in excess of the tax 24 liability is not refundable. 25 4. An individual claiming the credit may claim an exemption 26 from withholding on the state W-4 form. 27 5. Married taxpayers electing to file separate returns or 28 filing separately on a combined return may avail themselves 29 of the new graduate tax credit by allocating the new graduate 30 tax credit to each spouse in the proportion that each spouse’s 31 respective earned income bears to the total combined earned 32 income. 33 6. An individual shall not be eligible to claim the credit 34 if the person is receiving public assistance after the first 35 -2- LSB 5281YH (7) 88 jm/jh 2/ 6
H.F. 2082 tax year the credit is claimed. 1 Sec. 3. CONTINGENT FUTURE REPEAL —— CODE EDITOR DIRECTIVE 2 —— APPLICABILITY AFTER REPEAL. 3 1. Sections 422.12O and 422.12P are repealed January 1 4 following the occurrence of the statewide average annual 5 unemployment rate equaling or exceeding four percent for three 6 consecutive calendar years as calculated by the United States 7 department of labor, bureau of labor statistics, beginning 8 with calendar year 2021. The director of the department of 9 workforce development or the director’s designee shall notify 10 the Code editor when the annual statewide unemployment rate 11 exceeds four percent for three consecutive calendar years as 12 set forth in this subsection. 13 2. If the Code editor is notified by the director of the 14 department of workforce development or the director’s designee 15 that the condition in subsection 1 has been satisfied, the Code 16 editor is directed to remove sections 422.12O and 422.12P from 17 the Code. 18 3. A taxpayer claiming the tax credit in section 422.12O or 19 422.12P prior to repeal pursuant to subsection 2 is eligible 20 to claim the credit after the repeal up to any remaining tax 21 years the taxpayer would have been eligible to claim prior to 22 the repeal, as long as the taxpayer remains eligible to claim 23 the credit under the law prior to repeal. 24 Sec. 4. RETROACTIVE APPLICABILITY. This Act applies 25 retroactively to January 1, 2020, for tax years beginning on 26 or after that date. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill creates the new resident and new graduate tax 31 credits, which are available against the individual income tax. 32 The bill applies to tax years beginning on or after January 1, 33 2020. 34 NEW RESIDENT TAX CREDIT. The bill defines “new resident” to 35 -3- LSB 5281YH (7) 88 jm/jh 3/ 6
H.F. 2082 mean an individual who became a resident of Iowa upon taking 1 full-time employment in this state, who remains a resident of 2 and employed full-time in this state while claiming the credit, 3 and who has not been a resident of this state at any time during 4 the previous 12-month period prior to establishing residency. 5 The new resident tax credit authorized in the bill is 6 available to a new resident for up to four consecutive tax 7 years following the establishment of residency in this state. 8 A new resident may begin to claim the credit during either the 9 first or second tax year of residency. 10 The amount of the credit is equal to 100 percent of the 11 income tax imposed in a tax year for up to four consecutive tax 12 years. 13 An individual is eligible to claim the new resident tax 14 credit one time in the individual’s lifetime for the tax year 15 period described in the bill. 16 An individual claiming the new resident tax credit may claim 17 an exemption from withholding on the state W-4 form. 18 Any new resident tax credit in excess of tax liability is not 19 refundable. 20 An individual is not eligible to claim the credit if the 21 person is receiving public assistance after the first tax year 22 the credit is claimed. The bill defines “public assistance” 23 to mean the supplemental nutrition assistance program, the 24 Medicaid program, or the family investment program. 25 NEW GRADUATE TAX CREDIT. The bill defines “new graduate” to 26 mean an individual who is a recent graduate from an Iowa-based 27 community college, college, university, or an apprenticeship 28 program as defined in Code section 15B.2, who is a resident of 29 and employed in this state, and who is 30 years of age or less 30 during the first tax year when claiming the tax credit. 31 The new graduate tax credit authorized in the bill is 32 available to a new graduate for up to four consecutive tax 33 years following graduation. A new graduate may begin to claim 34 the credit during either the first or second tax year after 35 -4- LSB 5281YH (7) 88 jm/jh 4/ 6
H.F. 2082 graduation. 1 The amount of the credit is equal to 100 percent of the 2 income tax imposed in a tax year for up to four consecutive tax 3 years. 4 An individual is eligible to claim the new graduate tax 5 credit one time in the individual’s lifetime for the tax year 6 period described in the bill. 7 An individual claiming the new graduate tax credit may claim 8 an exemption from withholding on the state W-4 form. 9 Any new graduate tax credit in excess of tax liability is not 10 refundable. 11 An individual is not eligible to claim the credit if the 12 person is receiving public assistance after the first tax year 13 the credit is claimed. The bill defines “public assistance” 14 to mean the supplemental nutrition assistance program, the 15 Medicaid program, or the family investment program. 16 CONTINGENT FUTURE REPEAL —— CODE EDITOR DIRECTIVE —— 17 APPLICABILITY AFTER REPEAL. The bill repeals the new resident 18 tax credit and the new graduate tax credit January 1 following 19 the occurrence of the statewide average annual unemployment 20 rate equaling or exceeding 4 percent for three consecutive 21 calendar years as calculated by the United States department of 22 labor, bureau of labor statistics, beginning with calendar year 23 2021. The director of the department of workforce development 24 or the director’s designee shall notify the Code editor when 25 the annual statewide unemployment rate exceeds 4 percent for 26 three consecutive calendar years. 27 If the Code editor receives notification under the bill, the 28 Code editor is directed to remove the tax credits. 29 A taxpayer claiming a tax credit prior to repeal under the 30 bill is eligible to claim the credit after the repeal up to 31 any remaining tax years the taxpayer would have been eligible 32 to claim prior to the repeal, as long as the taxpayer remains 33 eligible to claim the credit under the law prior to repeal. 34 APPLICABILITY. The bill applies retroactively to tax years 35 -5- LSB 5281YH (7) 88 jm/jh 5/ 6
H.F. 2082 beginning on or after January 1, 2020. 1 -6- LSB 5281YH (7) 88 jm/jh 6/ 6
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