Bill Text: IA HF2290 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act providing small businesses with income, franchise, moneys and credits, and gross premiums tax credits for providing child care benefits to employees of the small business, and including applicability date provisions.

Spectrum: Partisan Bill (Democrat 41-1)

Status: (Introduced - Dead) 2020-02-10 - Subcommittee: Hagenow, Hein and Jacoby. H.J. 251. [HF2290 Detail]

Download: Iowa-2019-HF2290-Introduced.html
House File 2290 - Introduced HOUSE FILE 2290 BY PRICHARD , KONFRST , WESSEL-KROESCHELL , B. MEYER , OLDSON , STECKMAN , M. SMITH , BROWN-POWERS , WILLIAMS , MATSON , DONAHUE , McCONKEY , STAED , KURTH , McKEAN , JAMES , KACENA , BRECKENRIDGE , JACOBY , OLSON , SUNDE , ISENHART , THEDE , GAINES , HUNTER , COHOON , DERRY , WILBURN , HALL , NIELSEN , BENNETT , JUDGE , EHLERT , WOLFE , FORBES , ANDERSON , MASCHER , WINCKLER , R. SMITH , ABDUL-SAMAD , GASKILL , and LENSING A BILL FOR An Act providing small businesses with income, franchise, 1 moneys and credits, and gross premiums tax credits for 2 providing child care benefits to employees of the small 3 business, and including applicability date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5268YH (7) 88 jm/jh
H.F. 2290 Section 1. NEW SECTION . 237A.31 Small business child care 1 tax credit. 2 1. As used in this section “small business” means any 3 enterprise which is located in this state, which is operated 4 for profit and under a single management, and which has either 5 fewer than twenty employees or an annual gross income of less 6 than four million dollars computed as the average of the three 7 preceding fiscal years. This definition does not apply to any 8 program or activity for which a definition for small business 9 is provided for the program or activity by federal law or 10 regulation or other state law. 11 2. A small business may receive a child care tax credit 12 for providing child care employee benefits to employees of 13 the business. The credit may be applied against income tax 14 imposed under chapter 422, division II or III, the franchise 15 tax imposed under chapter 422, division V, the gross premiums 16 tax imposed under chapter 432, or the moneys and credits tax 17 imposed in section 533.329. The amount of the credit equals 18 the costs to provide the benefit up to three thousand dollars 19 per employee per year. 20 3. The aggregate amount of tax credits authorized pursuant 21 to this section shall not exceed a total of two million 22 dollars per fiscal year, and shall be awarded on a first-come, 23 first-served basis. 24 4. To be eligible for a small business child care tax 25 credit, the small business must provide child care employee 26 benefits to employees of the business through any of the 27 following: 28 a. Build a new structure or rehabilitate an existing 29 structure to be used as a child care center at or near the small 30 business where the children of the employees of the business 31 are provided child care. A small business may construct or 32 rehabilitate the structure in conjunction with another business 33 but only the actual cost of the business shall be considered in 34 determining the credit. 35 -1- LSB 5268YH (7) 88 jm/jh 1/ 3
H.F. 2290 b. Operate or lease a child care center at or near the small 1 business where the children of the employees of the business 2 are provided child care. 3 5. Any credit in excess of the tax liability is not 4 refundable but the excess for the tax year may be credited 5 to the tax liability for the following five years or until 6 depleted, whichever is earlier. The director of revenue shall 7 adopt rules to implement this section. 8 Sec. 2. NEW SECTION . 422.12O Small business child care tax 9 credit. 10 1. The taxes imposed under this division, less the credits 11 allowed under section 422.12, shall be reduced by a small 12 business child care tax credit received pursuant to section 13 237A.31. 14 2. An individual may claim the tax credit allowed a 15 partnership, S corporation, limited liability company, estate, 16 or trust electing to have the income taxed directly to the 17 individual. The amount claimed by the individual shall be 18 based upon the pro rata share of the individual’s earnings of a 19 partnership, S corporation, limited liability company, estate, 20 or trust. 21 Sec. 3. Section 422.33, Code 2020, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 31. The taxes imposed under this division 24 shall be reduced by a small business child care tax credit 25 received pursuant to section 237A.31. 26 Sec. 4. Section 422.60, Code 2020, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 14. The taxes imposed under this division 29 shall be reduced by a small business child care tax credit 30 received pursuant to section 237A.31. 31 Sec. 5. NEW SECTION . 432.12N Small business child care tax 32 credit. 33 The taxes imposed under this chapter shall be reduced by 34 a small business child care tax credit received pursuant to 35 -2- LSB 5268YH (7) 88 jm/jh 2/ 3
H.F. 2290 section 237A.31. 1 Sec. 6. Section 533.329, subsection 2, Code 2020, is amended 2 by adding the following new paragraph: 3 NEW PARAGRAPH . l. The moneys and credits tax imposed under 4 this section shall be reduced by a small business child care 5 tax credit received pursuant to section 237A.31. 6 Sec. 7. APPLICABILITY. This Act applies to tax years 7 beginning on or after January 1, 2021. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill provides small businesses with income, franchise, 12 moneys and credits, and gross premiums tax credits for 13 providing child care benefits to employees of the small 14 business. 15 The bill defines “small business” to mean any enterprise 16 which is located in this state, which is operated for profit 17 and under a single management, and which has either fewer than 18 20 employees or an annual gross income of less than $4 million 19 computed as the average of the three preceding fiscal years. 20 The child care employee benefits include the following: 21 building or rehabilitating an existing structure at or near 22 the small business as a child care center for employee use, 23 or operating or leasing a child care center for children of 24 employees to attend at or near the small business. 25 The amount of the credit equals the costs to provide the 26 benefit up to $3,000 per employee per year. The aggregate 27 amount of tax credits authorized pursuant to the bill shall 28 not exceed a total of $2 million per fiscal year, and shall be 29 awarded on a first-come, first-served basis. The credit is 30 nonrefundable but any excess may be carried forward for up to 31 five tax years. 32 The bill applies to tax years beginning on or after January 33 1, 2021. 34 -3- LSB 5268YH (7) 88 jm/jh 3/ 3
feedback