Bill Text: IA SF394 | 2017-2018 | 87th 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) 2017-03-07 - Subcommittee: Feenstra, Behn, and Bolkcom. S.J. 508. [SF394 Detail]

Download: Iowa-2017-SF394-Introduced.html

Senate File 394 - Introduced




                                 SENATE FILE       
                                 BY  BOLKCOM

                                      A BILL FOR

  1 An Act limiting the amount of research activities tax credit
  2    that is refundable and including retroactive applicability
  3    provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 2320XS (2) 87
    mm/sc/rn

PAG LIN



  1  1    Section 1.  Section 15.335, subsection 8, Code 2017, is
  1  2 amended to read as follows:
  1  3    8.  Any credit in excess of the tax liability for the taxable
  1  4 year shall be refunded with interest computed under section
  1  5 422.25.  However, the aggregate amount of tax credit that may
  1  6 be refunded pursuant to this section and section 422.10 or
  1  7 section 422.33, subsection 5, shall not exceed one million
  1  8 dollars per taxpayer per taxable year. In lieu of claiming a
  1  9 refund, a taxpayer may elect to have the overpayment shown on
  1 10 its final, completed return credited to the tax liability for
  1 11 the following year.
  1 12    Sec. 2.  Section 422.10, subsection 4, Code 2017, is amended
  1 13 to read as follows:
  1 14    4.  Any credit in excess of the tax liability imposed by
  1 15 section 422.5 less the amounts of nonrefundable credits allowed
  1 16 under this division for the taxable year shall be refunded
  1 17 with interest computed under section 422.25.  However, the
  1 18 aggregate amount of tax credit that may be refunded pursuant to
  1 19 this section and section 15.335 shall not exceed one million
  1 20 dollars per taxpayer per taxable year. In lieu of claiming
  1 21 a refund, a taxpayer may elect to have the overpayment shown
  1 22 on the taxpayer's final, completed return credited to the tax
  1 23 liability for the following taxable year.
  1 24    Sec. 3.  Section 422.33, subsection 5, paragraph f, Code
  1 25 2017, is amended to read as follows:
  1 26    f.  Any credit in excess of the tax liability for the taxable
  1 27 year shall be refunded with interest computed under section
  1 28 422.25.  However, the aggregate amount of tax credit that may
  1 29 be refunded pursuant to this subsection and section 15.335
  1 30 shall not exceed one million dollars per taxpayer per taxable
  1 31 year. In lieu of claiming a refund, a taxpayer may elect
  1 32 to have the overpayment shown on its final, completed return
  1 33 credited to the tax liability for the following taxable year.
  1 34    Sec. 4.  RETROACTIVE APPLICABILITY.  This Act applies
  1 35 retroactively to January 1, 2017, for tax years beginning on
  2  1 or after that date.
  2  2                           EXPLANATION
  2  3 The inclusion of this explanation does not constitute agreement with
  2  4 the explanation's substance by the members of the general assembly.
  2  5    Under current law, the research activities tax credits are
  2  6 refundable, meaning any amount of the tax credits in excess of
  2  7 a taxpayer's tax liability are issued to the taxpayer in the
  2  8 form of a tax refund.
  2  9    This bill limits the aggregate amount of research activities
  2 10 tax credits that may be refunded to $1 million per taxpayer
  2 11 per taxable year.  This limitation includes the individual and
  2 12 corporate research activities credits, and the supplemental
  2 13 research activities tax credit awarded by the economic
  2 14 development authority under Code section 15.335.
  2 15    The bill applies retroactively to January 1, 2017, for tax
  2 16 years beginning on or after that date.
       LSB 2320XS (2) 87
       mm/sc/rn
feedback