Bill Text: IA SF2164 | 2013-2014 | 85th General Assembly | Introduced


Bill Title: A bill for an act relating to the individual income tax by modifying the income tax brackets and tax rates, increasing the net income amounts for purposes of the alternate tax and minimum filing thresholds, eliminating the deduction for federal income taxes paid, increasing the personal exemption credit for dependents, and creating an exemption for certain married wage earners, and including effective date and retroactive applicability provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-18 - Subcommittee, Bolkcom, Feenstra, and Quirmbach. S.J. 285. [SF2164 Detail]

Download: Iowa-2013-SF2164-Introduced.html
Senate File 2164 - Introduced SENATE FILE 2164 BY HATCH A BILL FOR An Act relating to the individual income tax by modifying the 1 income tax brackets and tax rates, increasing the net income 2 amounts for purposes of the alternate tax and minimum filing 3 thresholds, eliminating the deduction for federal income 4 taxes paid, increasing the personal exemption credit for 5 dependents, and creating an exemption for certain married 6 wage earners, and including effective date and retroactive 7 applicability provisions. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 9 TLSB 5417XS (3) 85 mm/sc
S.F. 2164 Section 1. Section 422.4, subsection 1, paragraphs b and c, 1 Code 2014, are amended to read as follows: 2 b. “Cumulative inflation factor” means the product of the 3 annual inflation factor for the 1988 2014 calendar year and 4 all annual inflation factors for subsequent calendar years 5 as determined pursuant to this subsection . The cumulative 6 inflation factor applies to all tax years beginning on or after 7 January 1 of the calendar year for which the latest annual 8 inflation factor has been determined. 9 c. The annual inflation factor for the 1988 2014 calendar 10 year is one hundred percent. 11 Sec. 2. Section 422.4, subsection 16, Code 2014, is amended 12 to read as follows: 13 16. The words “taxable income” mean the net income as 14 defined in section 422.7 minus the deductions allowed by 15 section 422.9 , in the case of individuals; in the case of 16 estates or trusts, the words “taxable income” mean the taxable 17 income (without a deduction for personal exemption) as computed 18 for federal income tax purposes under the Internal Revenue 19 Code, but with the adjustments specified in section 422.7 plus 20 the Iowa income tax deducted in computing the federal taxable 21 income and minus federal income taxes as provided in section 22 422.9 , if available . 23 Sec. 3. Section 422.5, subsection 1, paragraphs a, b, c, 24 d, e, f, g, h, and i, Code 2014, are amended by striking the 25 paragraphs and inserting in lieu thereof the following: 26 a. On all taxable income from zero through eleven thousand 27 seven hundred thirty dollars, three percent. 28 b. On all taxable income exceeding eleven thousand seven 29 hundred thirty dollars but not exceeding forty-three thousand 30 ninety dollars, four percent. 31 c. On all taxable income exceeding forty-three thousand 32 ninety dollars but not exceeding eighty-eight thousand eight 33 hundred twenty-one dollars, six and two-tenths percent. 34 d. On all taxable income exceeding eighty-eight thousand 35 -1- LSB 5417XS (3) 85 mm/sc 1/ 8
S.F. 2164 eight hundred twenty-one dollars, eight and eight-tenths 1 percent. 2 Sec. 4. Section 422.5, subsection 1, paragraph j, 3 subparagraph (1), Code 2014, is amended to read as follows: 4 (1) The tax imposed upon the taxable income of a nonresident 5 shall be computed by reducing the amount determined pursuant to 6 paragraphs “a” through “i” “d” by the amounts of nonrefundable 7 credits under this division and by multiplying this resulting 8 amount by a fraction of which the nonresident’s net income 9 allocated to Iowa, as determined in section 422.8, subsection 10 2 , paragraph “a” , is the numerator and the nonresident’s total 11 net income computed under section 422.7 is the denominator. 12 This provision also applies to individuals who are residents of 13 Iowa for less than the entire tax year. 14 Sec. 5. Section 422.5, subsection 1, paragraph j, 15 subparagraph (2), subparagraph division (a), Code 2014, is 16 amended to read as follows: 17 (a) The tax imposed upon the taxable income of a resident 18 shareholder in an S corporation or of an estate or trust with 19 a situs in Iowa that is a shareholder in an S corporation, 20 which S corporation has in effect for the tax year an election 21 under subchapter S of the Internal Revenue Code and carries 22 on business within and without the state, may be computed by 23 reducing the amount determined pursuant to paragraphs “a” 24 through “i” “d” by the amounts of nonrefundable credits under 25 this division and by multiplying this resulting amount by a 26 fraction of which the resident’s or estate’s or trust’s net 27 income allocated to Iowa, as determined in section 422.8, 28 subsection 2 , paragraph “b” , is the numerator and the resident’s 29 or estate’s or trust’s total net income computed under section 30 422.7 is the denominator. If a resident shareholder, or an 31 estate or trust with a situs in Iowa that is a shareholder, 32 has elected to take advantage of this subparagraph (2), and 33 for the next tax year elects not to take advantage of this 34 subparagraph, the resident or estate or trust shareholder shall 35 -2- LSB 5417XS (3) 85 mm/sc 2/ 8
S.F. 2164 not reelect to take advantage of this subparagraph for the 1 three tax years immediately following the first tax year for 2 which the shareholder elected not to take advantage of this 3 subparagraph, unless the director consents to the reelection. 4 This subparagraph also applies to individuals who are residents 5 of Iowa for less than the entire tax year. 6 Sec. 6. Section 422.5, subsection 2, paragraph a, Code 2014, 7 is amended to read as follows: 8 a. There is imposed upon every resident and nonresident of 9 this state, including estates and trusts, the greater of the 10 tax determined in subsection 1 , paragraphs “a” through “d” and 11 “j” , or the state alternative minimum tax equal to seventy-five 12 percent of the maximum state individual income tax rate for the 13 tax year, rounded to the nearest one-tenth of one percent, of 14 the state alternative minimum taxable income of the taxpayer as 15 computed under this subsection . 16 Sec. 7. Section 422.5, subsection 3, Code 2014, is amended 17 to read as follows: 18 3. a. The tax shall not be imposed on a resident or 19 nonresident whose net income, as defined in section 422.7 , is 20 thirteen twenty-four thousand five hundred dollars or less in 21 the case of married persons filing jointly or filing separately 22 on a combined return, heads of household, and surviving spouses 23 or nine twenty thousand dollars or less in the case of all 24 other persons; but in the event that the payment of tax under 25 this division would reduce the net income to less than thirteen 26 twenty-four thousand five hundred dollars or nine twenty 27 thousand dollars , as applicable, then the tax shall be reduced 28 to that amount which would result in allowing the taxpayer 29 to retain a net income of thirteen twenty-four thousand five 30 hundred dollars or nine twenty thousand dollars , as applicable. 31 The preceding sentence does not apply to estates or trusts. 32 For the purpose of this subsection , the entire net income, 33 including any part of the net income not allocated to Iowa, 34 shall be taken into account. For purposes of this subsection , 35 -3- LSB 5417XS (3) 85 mm/sc 3/ 8
S.F. 2164 net income includes all amounts of pensions or other retirement 1 income received from any source which is not taxable under 2 this division as a result of the government pension exclusions 3 in section 422.7 , or any other state law. If the combined 4 net income of a husband and wife exceeds thirteen twenty-four 5 thousand five hundred dollars, neither of them shall receive 6 the benefit of this subsection , and it is immaterial whether 7 they file a joint return or separate returns. However, if a 8 husband and wife file separate returns and have a combined net 9 income of thirteen twenty-four thousand five hundred dollars 10 or less, neither spouse shall receive the benefit of this 11 paragraph, if one spouse has a net operating loss and elects 12 to carry back or carry forward the loss as provided in section 13 422.9, subsection 3 . A person who is claimed as a dependent 14 by another person as defined in section 422.12 shall not 15 receive the benefit of this subsection if the person claiming 16 the dependent has net income exceeding thirteen twenty-four 17 thousand five hundred dollars or nine twenty thousand dollars , 18 as applicable , or the person claiming the dependent and the 19 person’s spouse have combined net income exceeding thirteen 20 twenty-four thousand five hundred dollars or nine twenty 21 thousand dollars , as applicable. 22 b. In lieu of the computation in subsection 1 or 2, or in 23 paragraph “a” of this subsection , if the married persons’, 24 filing jointly or filing separately on a combined return, 25 head of household’s, or surviving spouse’s net income exceeds 26 thirteen twenty-four thousand five hundred dollars, the regular 27 tax imposed under this division shall be the lesser of the 28 maximum state individual income tax rate times the portion 29 of the net income in excess of thirteen twenty-four thousand 30 five hundred dollars or the regular tax liability computed 31 without regard to this sentence. Taxpayers electing to file 32 separately shall compute the alternate tax described in this 33 paragraph using the total net income of the husband and wife. 34 The alternate tax described in this paragraph does not apply 35 -4- LSB 5417XS (3) 85 mm/sc 4/ 8
S.F. 2164 if one spouse elects to carry back or carry forward the loss as 1 provided in section 422.9, subsection 3 . 2 Sec. 8. Section 422.5, subsection 6, Code 2014, is amended 3 to read as follows: 4 6. Upon determination of the latest cumulative inflation 5 factor, the director shall multiply each dollar amount set 6 forth in subsection 1 , paragraphs “a” through “i” “d” by this 7 cumulative inflation factor, shall round off the resulting 8 product to the nearest one dollar, and shall incorporate the 9 result into the income tax forms and instructions for each tax 10 year. 11 Sec. 9. Section 422.7, Code 2014, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 48. a. Subtract, to the extent not 14 otherwise excluded, the total amount of wages received by a 15 secondary wage earner, up to a maximum of one thousand dollars. 16 b. Subtract, to the extent not otherwise excluded, the total 17 amount of wages received by an identical wage earner, up to a 18 maximum of five hundred dollars per identical wage earner. 19 c. For purposes of this subsection: 20 (1) “Identical wage earner” means a married person who, with 21 respect to a tax year, received the same amount of wages as the 22 spouse of the married person. 23 (2) “Secondary wage earner” means a married person who, with 24 respect to a tax year, received a lower amount of wages than 25 the spouse of the married person. 26 Sec. 10. Section 422.9, subsection 1, Code 2014, is amended 27 to read as follows: 28 1. An optional standard deduction, after deduction 29 of federal income tax if available , equal to one thousand 30 two hundred thirty dollars for a married person who files 31 separately or a single person or equal to three thousand 32 thirty dollars for a husband and wife who file a joint return, 33 a surviving spouse, or a head of household. The optional 34 standard deduction shall not exceed the amount remaining after 35 -5- LSB 5417XS (3) 85 mm/sc 5/ 8
S.F. 2164 deduction of the federal income tax , if available . The amount 1 of federal income tax deducted shall be computed as provided 2 in subsection 2 , paragraph “b” . 3 Sec. 11. Section 422.9, subsection 2, paragraph b, Code 4 2014, is amended to read as follows: 5 b. Add the amount of federal income taxes paid or accrued, 6 as the case may be, during the tax year beginning on or after 7 January 1, 2014, but before January 1, 2015, to the extent 8 payment is for a tax year beginning prior to January 1, 2014, 9 and subtract any federal income tax refunds received during 10 the tax year beginning on or after January 1, 2014, but before 11 January 1, 2015, to the extent the federal income tax was 12 deducted for a tax year beginning prior to January 1, 2014 . 13 Where married persons, who have filed a joint federal income 14 tax return, file separately, such total shall be divided 15 between them according to the portion of the total paid or 16 accrued, as the case may be, by each. Federal income taxes 17 paid for a tax year in which an Iowa return was not required 18 to be filed shall not be added and federal income tax refunds 19 received from a tax year in which an Iowa return was not 20 required to be filed shall not be subtracted. 21 Sec. 12. Section 422.11B, subsection 1, paragraph a, Code 22 2014, is amended to read as follows: 23 a. There is allowed as a credit against the tax determined 24 in section 422.5, subsection 1 , paragraphs “a” through “d” and 25 “j” for a tax year an amount equal to the minimum tax credit for 26 that tax year. 27 Sec. 13. Section 422.11B, subsection 2, Code 2014, is 28 amended to read as follows: 29 2. a. The allowable credit under subsection 1 for a tax 30 year shall not exceed the excess, if any, of the tax determined 31 in section 422.5, subsection 1 , paragraphs “a” through “d” and 32 “j” over the state alternative minimum tax as determined in 33 section 422.5, subsection 2 . 34 b. The net minimum tax for a tax year is the excess, if any, 35 -6- LSB 5417XS (3) 85 mm/sc 6/ 8
S.F. 2164 of the tax determined in section 422.5, subsection 2 , for the 1 tax year over the tax determined in section 422.5, subsection 2 1 , paragraphs “a” through “d” and “j” for the tax year. 3 Sec. 14. Section 422.12, subsection 2, paragraph a, 4 subparagraph (3), Code 2014, is amended to read as follows: 5 (3) For each dependent, an additional forty five hundred 6 dollars. 7 Sec. 15. Section 422.13, subsection 1, paragraph a, Code 8 2014, is amended to read as follows: 9 a. The individual has net income of more than nine twenty 10 thousand dollars for the tax year from sources taxable under 11 this division . 12 Sec. 16. EFFECTIVE UPON ENACTMENT. This Act, being deemed 13 of immediate importance, takes effect upon enactment. 14 Sec. 17. RETROACTIVE APPLICABILITY. This Act applies 15 retroactively to January 1, 2014, for tax years beginning on 16 or after that date. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill makes several changes to the individual income 21 tax. 22 The bill eliminates the nine existing tax brackets and tax 23 rates and replaces them with four tax brackets and tax rates 24 on taxable income as follows: 25 1. From $0 to $11,730, 3 percent; 26 2. From $11,731 to $43,090, 4 percent; 27 3. From $43,091 to $88,821, 6.20 percent; 28 4. From $88,822 and over, 8.80 percent. 29 The income amounts in each bracket will be adjusted for 30 inflation beginning with the 2015 tax year. 31 The bill increases the net income amounts at which the income 32 tax will not be imposed on a taxpayer who is under 65 years of 33 age to $24,500 from $13,500 for married taxpayers, heads of 34 household, or surviving spouses, and to $20,000 from $9,000 35 -7- LSB 5417XS (3) 85 mm/sc 7/ 8
S.F. 2164 for a single taxpayer. The bill also amends the alternate 1 tax calculation for a married person, head of household, or 2 surviving spouse under the age of 65 so that it is calculated 3 using the amount of net income in excess of $24,500 instead 4 of the amount of income in excess of $13,500. By operation 5 of law and under the bill, a single taxpayer under 65 years 6 of age will not be required to make and file a tax return if 7 the taxpayer’s net income is $20,000 or less, and a married 8 taxpayer, head of household, or surviving spouse will not be 9 required to make and file a tax return if the taxpayer’s net 10 income is $24,500 or less. 11 The bill eliminates the deduction for federal income taxes 12 paid and the inclusion of federal income tax refunds received 13 except for a one-year phase-out in 2014, for taxes paid or 14 refunds received in that year that relate to a prior tax year. 15 The bill increases the personal exemption credit for a 16 dependent to $500 from $40. 17 Finally, the bill provides an individual income tax 18 exemption from the computation of net income for the first 19 $1,000 of wages received by a “secondary wage earner”, which is 20 defined in the bill to be a married person who, with respect to 21 a tax year, received a lower amount of wages than the person’s 22 spouse. In the event each spouse received the same amount of 23 wages during the tax year, both spouses will be considered an 24 “identical wage earner” and each will be eligible to exempt the 25 first $500 of wages received. 26 The bill takes effect upon enactment and applies 27 retroactively to January 1, 2014, for tax years beginning on 28 or after that date. 29 -8- LSB 5417XS (3) 85 mm/sc 8/ 8
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