Bill Text: IA SF2108 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act providing a nursing home visitation shelter tax credit available against the individual and corporate income taxes, and including effective date and applicability provisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-01-27 - Subcommittee: Goodwin, Dawson, and Dotzler. S.J. 159. [SF2108 Detail]

Download: Iowa-2021-SF2108-Introduced.html
Senate File 2108 - Introduced SENATE FILE 2108 BY CARLIN A BILL FOR An Act providing a nursing home visitation shelter tax credit 1 available against the individual and corporate income taxes, 2 and including effective date and applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5692XS (1) 89 jm/jh
S.F. 2108 Section 1. NEW SECTION . 231.67 Nursing home visitation 1 shelter tax credit. 2 1. As used in this section: 3 a. “Meeting area” means an area with proper ventilation 4 that may be easily sanitized while also allowing for ease of 5 communication with social distancing. 6 b. “Nursing home” means the same as defined in section 7 155.1. 8 c. “Nursing home visitation shelter” means a newly 9 constructed or renovated meeting area located within a nursing 10 home or on the grounds of the nursing home designed for nursing 11 home residents to meet with friends and family members in a 12 low-risk setting to reduce the spread of disease. 13 2. a. The taxes imposed against the income tax imposed 14 under chapter 422, subchapter II or III, shall be reduced by 15 a nursing home visitation shelter tax credit equal to fifty 16 percent of the cost of constructing a nursing home visitation 17 shelter, provided that the amount of the credit shall not 18 exceed one hundred thousand dollars per application. 19 b. An individual may claim a tax credit under this section 20 of a partnership, limited liability company, S corporation, 21 estate, or trust electing to have income taxed directly to 22 the individual. The amount claimed by the individual shall 23 be based upon the pro rata share of the individual’s earnings 24 from the partnership, limited liability company, S corporation, 25 estate, or trust. 26 3. The department, in consultation with the department of 27 revenue, shall develop a system for the application, review, 28 and authorization of nursing home visitation shelter tax 29 credits awarded pursuant to this section and shall control the 30 issuance of all tax credit certificates to taxpayers pursuant 31 to this section. 32 4. Applications shall be accepted by the department during 33 the application period established by the department. 34 5. Upon review of an application, the department may approve 35 -1- LSB 5692XS (1) 89 jm/jh 1/ 3
S.F. 2108 the tax credit, and issue a tax credit certificate stating the 1 amount of the tax credit the department determines the taxpayer 2 is eligible to claim for each year of the credit. 3 6. In any calendar year, the aggregate amount of all tax 4 credits allocated by the department shall not exceed five 5 million dollars. 6 7. Any credit in excess of tax liability is not refundable 7 but the excess for the tax year may be credited to the tax 8 liability for the following five years or until depleted, 9 whichever is earlier. 10 8. a. To claim a tax credit under this section, a taxpayer 11 shall include one or more tax credit certificates issued by the 12 department with the taxpayer’s return. 13 b. The tax credit certificate shall contain the taxpayer’s 14 name, address, tax identification number, the amount of the 15 credit, and any other information required by the department 16 of revenue. 17 c. The tax credit certificate is not transferable. 18 Sec. 2. NEW SECTION . 422.10C Nursing home visitation 19 shelter tax credit. 20 The taxes imposed under this subchapter, less the credits 21 allowed under section 422.12, shall be reduced by a nursing 22 home visitation shelter tax credit allowed under section 23 231.67. 24 Sec. 3. Section 422.33, Code 2022, is amended by adding the 25 following new subsection: 26 NEW SUBSECTION . 17. The taxes imposed under this subchapter 27 shall be reduced by a nursing home visitation shelter tax 28 credit allowed under section 231.67. 29 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate 30 importance, takes effect upon enactment. 31 Sec. 5. RETROACTIVE APPLICABILITY. This Act applies 32 retroactively to January 1, 2022, for tax years beginning on 33 or after that date. 34 EXPLANATION 35 -2- LSB 5692XS (1) 89 jm/jh 2/ 3
S.F. 2108 The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill creates a nursing home visitation shelter tax 3 credit available against the individual and corporate income 4 taxes. 5 The amount of the credit equals 50 percent of the cost of 6 constructing a nursing home visitation shelter, not to exceed 7 $100,000 per application. 8 The bill defines “nursing home visitation shelter” to mean a 9 newly constructed or renovated meeting area located within a 10 nursing home or on the grounds of the nursing home designed for 11 nursing home residents to meet with friends and family members 12 in a low-risk setting to reduce the spread of disease. 13 The bill defines “meeting area” to mean an area with proper 14 ventilation that may be easily sanitized while also allowing 15 for ease of communication with social distancing. 16 The bill requires the department of aging (department), 17 in consultation with the department of revenue, to develop 18 a system for the application, review, and authorization of 19 nursing home visitation shelter tax credits and to control the 20 issuance of tax credit certificates to taxpayers. To claim 21 a tax credit under the bill, a taxpayer must include one or 22 more tax credit certificates issued by the department with the 23 taxpayer’s return. 24 The aggregate amount of the credit available in a calendar 25 year shall not exceed $5 million. 26 The tax credit is not refundable but any credit in excess 27 of tax liability may be credited to the tax liability for the 28 following five years or until depleted, whichever is earlier. 29 The bill takes effect upon enactment and applies 30 retroactively to tax years beginning on or after January 1, 31 2022. 32 -3- LSB 5692XS (1) 89 jm/jh 3/ 3
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