Bill Text: IA SF23 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act limiting the amount of research activities tax credit that is refundable and including retroactive applicability provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-02-04 - Fiscal note. [SF23 Detail]

Download: Iowa-2019-SF23-Introduced.html
Senate File 23 - Introduced SENATE FILE 23 BY BOLKCOM A BILL FOR An Act limiting the amount of research activities tax credit 1 that is refundable and including retroactive applicability 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1264XS (1) 88 jm/jh
S.F. 23 Section 1. Section 15.335, subsection 8, Code 2019, is 1 amended to read as follows: 2 8. Any credit in excess of the tax liability for the taxable 3 year shall be refunded with interest in accordance with section 4 421.60, subsection 2 , paragraph “e” . However, the aggregate 5 amount of tax credit that may be refunded pursuant to this 6 section and section 422.10 or 422.33, subsection 5, shall not 7 exceed one million dollars per taxpayer per year. In lieu of 8 claiming a refund, a taxpayer may elect to have the overpayment 9 shown on its final, completed return credited to the tax 10 liability for the following year. 11 Sec. 2. Section 422.10, subsection 4, Code 2019, is amended 12 to read as follows: 13 4. Any credit in excess of the tax liability imposed by 14 section 422.5 less the amounts of nonrefundable credits allowed 15 under this division for the taxable year shall be refunded 16 with interest in accordance with section 421.60, subsection 2 , 17 paragraph “e” . However, the aggregate amount of tax credit that 18 may be refunded pursuant to this section and section 15.335 19 shall not exceed one million dollars per taxpayer per year. In 20 lieu of claiming a refund, a taxpayer may elect to have the 21 overpayment shown on the taxpayer’s final, completed return 22 credited to the tax liability for the following taxable year. 23 Sec. 3. Section 422.33, subsection 5, paragraph g, Code 24 2019, is amended to read as follows: 25 g. Any credit in excess of the tax liability for the taxable 26 year shall be refunded with interest in accordance with section 27 421.60, subsection 2 , paragraph “e” . However, the aggregate 28 amount of tax credit that may be refunded pursuant to this 29 subsection and section 15.335 shall not exceed one million 30 dollars per taxpayer per taxable year. In lieu of claiming a 31 refund, a taxpayer may elect to have the overpayment shown on 32 its final, completed return credited to the tax liability for 33 the following taxable year. 34 Sec. 4. RETROACTIVE APPLICABILITY. This Act applies 35 -1- LSB 1264XS (1) 88 jm/jh 1/ 2
S.F. 23 retroactively to January 1, 2019, for tax years beginning on 1 or after that date. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 Under current law, the research activities tax credits are 6 refundable, meaning any amount of the tax credits in excess of 7 a taxpayer’s tax liability are issued to the taxpayer in the 8 form of a tax refund. 9 This bill limits the aggregate amount of research activities 10 tax credits that may be refunded to $1 million per taxpayer 11 per taxable year. This limitation includes the individual and 12 corporate research activities credits, and the supplemental 13 research activities tax credit awarded by the economic 14 development authority under Code section 15.335. 15 The bill applies retroactively to January 1, 2019, for tax 16 years beginning on or after that date. 17 -2- LSB 1264XS (1) 88 jm/jh 2/ 2
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