Bill Text: IA SF470 | 2015-2016 | 86th General Assembly | Introduced


Bill Title: A bill for an act modifying the tax brackets and tax rates imposed under the individual income tax and corporate income tax and including retroactive applicability provisions.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2015-03-17 - Subcommittee, Quirmbach, Bolkcom, and Breitbach. S.J. 600. [SF470 Detail]

Download: Iowa-2015-SF470-Introduced.html
Senate File 470 - Introduced




                                 SENATE FILE       
                                 BY  CHELGREN

                                      A BILL FOR

  1 An Act modifying the tax brackets and tax rates imposed under
  2    the individual income tax and corporate income tax and
  3    including retroactive applicability provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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  1  1    Section 1.  Section 422.5, subsection 1, Code 2015, is
  1  2 amended to read as follows:
  1  3    1.  A tax is imposed upon every resident and nonresident
  1  4 of the state which tax shall be levied, collected, and paid
  1  5 annually upon and with respect to the entire taxable income as
  1  6 defined in this division at rates as follows:
  1  7    a.  On all taxable income from zero through one thousand
  1  8 dollars, thirty=six hundredths of one percent.
  1  9    b.  On all taxable income exceeding one thousand dollars but
  1 10 not exceeding two thousand dollars, seventy=two hundredths of
  1 11 one percent.
  1 12    c.  On all taxable income exceeding two thousand dollars
  1 13 but not exceeding four thousand dollars, two and forty=three
  1 14 hundredths percent.
  1 15    d.  On all taxable income exceeding four thousand dollars but
  1 16 not exceeding nine thousand dollars, four and one=half percent.
  1 17    e.  On all taxable income exceeding nine thousand dollars
  1 18 but not exceeding fifteen thousand dollars, six and twelve
  1 19 hundredths five percent.
  1 20    f.  On all taxable income exceeding fifteen thousand dollars
  1 21 but not exceeding twenty thousand dollars, six and forty=eight
  1 22 hundredths percent.
  1 23    g.  On all taxable income exceeding twenty thousand dollars
  1 24 but not exceeding thirty thousand dollars, six and eight=tenths
  1 25 percent.
  1 26    h.  On all taxable income exceeding thirty thousand dollars
  1 27 but not exceeding forty=five thousand dollars, seven and
  1 28 ninety=two hundredths percent.
  1 29    i.  On all taxable income exceeding forty=five thousand
  1 30 dollars, eight and ninety=eight hundredths percent.
  1 31    j.  f.  (1)  The tax imposed upon the taxable income of a
  1 32 nonresident shall be computed by reducing the amount determined
  1 33 pursuant to paragraphs "a" through "i" "e" by the amounts of
  1 34 nonrefundable credits under this division and by multiplying
  1 35 this resulting amount by a fraction of which the nonresident's
  2  1 net income allocated to Iowa, as determined in section
  2  2 422.8, subsection 2, paragraph "a", is the numerator and the
  2  3 nonresident's total net income computed under section 422.7 is
  2  4 the denominator. This provision also applies to individuals
  2  5 who are residents of Iowa for less than the entire tax year.
  2  6    (2)  (a)  The tax imposed upon the taxable income of a
  2  7 resident shareholder in an S corporation or of an estate
  2  8 or trust with a situs in Iowa that is a shareholder in an S
  2  9 corporation, which S corporation has in effect for the tax
  2 10 year an election under subchapter S of the Internal Revenue
  2 11 Code and carries on business within and without the state,
  2 12 may be computed by reducing the amount determined pursuant to
  2 13 paragraphs "a" through "i" "e" by the amounts of nonrefundable
  2 14 credits under this division and by multiplying this resulting
  2 15 amount by a fraction of which the resident's or estate's
  2 16 or trust's net income allocated to Iowa, as determined in
  2 17 section 422.8, subsection 2, paragraph "b", is the numerator
  2 18 and the resident's or estate's or trust's total net income
  2 19 computed under section 422.7 is the denominator. If a resident
  2 20 shareholder, or an estate or trust with a situs in Iowa
  2 21 that is a shareholder, has elected to take advantage of this
  2 22 subparagraph (2), and for the next tax year elects not to take
  2 23 advantage of this subparagraph, the resident or estate or
  2 24 trust shareholder shall not reelect to take advantage of this
  2 25 subparagraph for the three tax years immediately following the
  2 26 first tax year for which the shareholder elected not to take
  2 27 advantage of this subparagraph, unless the director consents to
  2 28 the reelection. This subparagraph also applies to individuals
  2 29 who are residents of Iowa for less than the entire tax year.
  2 30    (b)  This subparagraph (2) shall not affect the amount of
  2 31 the taxpayer's checkoffs under this division, the credits from
  2 32 tax provided under this division, and the allocation of these
  2 33 credits between spouses if the taxpayers filed separate returns
  2 34 or separately on combined returns.
  2 35    Sec. 2.  Section 422.5, subsection 2, paragraph a, Code 2015,
  3  1 is amended to read as follows:
  3  2    a.  There is imposed upon every resident and nonresident
  3  3 of this state, including estates and trusts, the greater of
  3  4 the tax determined in subsection 1, paragraphs "a" through "j"
  3  5  "f", or the state alternative minimum tax equal to seventy=five
  3  6 percent of the maximum state individual income tax rate for the
  3  7 tax year, rounded to the nearest one=tenth of one percent, of
  3  8 the state alternative minimum taxable income of the taxpayer as
  3  9 computed under this subsection.
  3 10    Sec. 3.  Section 422.5, subsection 6, Code 2015, is amended
  3 11 to read as follows:
  3 12    6.  Upon determination of the latest cumulative inflation
  3 13 factor, the director shall multiply each dollar amount set
  3 14 forth in subsection 1, paragraphs "a" through "i" "e" by this
  3 15 cumulative inflation factor, shall round off the resulting
  3 16 product to the nearest one dollar, and shall incorporate the
  3 17 result into the income tax forms and instructions for each tax
  3 18 year.
  3 19    Sec. 4.  Section 422.8, subsection 2, paragraph a, Code 2015,
  3 20 is amended to read as follows:
  3 21    a.  Nonresident's net income allocated to Iowa is the net
  3 22 income, or portion of net income, which is derived from a
  3 23 business, trade, profession, or occupation carried on within
  3 24 this state or income from any property, trust, estate, or
  3 25 other source within Iowa. However, income derived from a
  3 26 business, trade, profession, or occupation carried on within
  3 27 this state and income from any property, trust, estate, or
  3 28 other source within Iowa shall not include distributions from
  3 29 pensions, including defined benefit or defined contribution
  3 30 plans, annuities, individual retirement accounts, and deferred
  3 31 compensation plans or any earnings attributable thereto so long
  3 32 as the distribution is directly related to an individual's
  3 33 documented retirement and received while the individual is a
  3 34 nonresident of this state. If a business, trade, profession,
  3 35 or occupation is carried on partly within and partly without
  4  1 the state, only the portion of the net income which is fairly
  4  2 and equitably attributable to that part of the business,
  4  3 trade, profession, or occupation carried on within the state
  4  4 is allocated to Iowa for purposes of section 422.5, subsection
  4  5 1, paragraph "j" "f", and section 422.13 and income from any
  4  6 property, trust, estate, or other source partly within and
  4  7 partly without the state is allocated to Iowa in the same
  4  8 manner, except that annuities, interest on bank deposits and
  4  9 interest=bearing obligations, and dividends are allocated
  4 10 to Iowa only to the extent to which they are derived from a
  4 11 business, trade, profession, or occupation carried on within
  4 12 the state.
  4 13    Sec. 5.  Section 422.11B, Code 2015, is amended to read as
  4 14 follows:
  4 15    422.11B  Minimum tax credit.
  4 16    1.  a.  There is allowed as a credit against the tax
  4 17 determined in section 422.5, subsection 1, paragraphs "a"
  4 18 through "j" "f" for a tax year an amount equal to the minimum
  4 19 tax credit for that tax year.
  4 20    b.  The minimum tax credit for a tax year is the excess,
  4 21 if any, of the net minimum tax imposed for all prior tax
  4 22 years beginning on or after January 1, 1987, over the amount
  4 23 allowable as a credit under this section for those prior tax
  4 24 years.
  4 25    2.  a.  The allowable credit under subsection 1 for a tax
  4 26 year shall not exceed the excess, if any, of the tax determined
  4 27 in section 422.5, subsection 1, paragraphs "a" through "j" "f"
  4 28  over the state alternative minimum tax as determined in section
  4 29 422.5, subsection 2.
  4 30    b.  The net minimum tax for a tax year is the excess, if any,
  4 31 of the tax determined in section 422.5, subsection 2, for the
  4 32 tax year over the tax determined in section 422.5, subsection
  4 33 1, paragraphs "a" through "j" "f" for the tax year.
  4 34    Sec. 6.  Section 422.33, subsection 1, Code 2015, is amended
  4 35 by striking the subsection and inserting in lieu thereof the
  5  1 following:
  5  2    1.  a.  A tax is imposed annually upon each corporation doing
  5  3 business in this state, or deriving income from sources within
  5  4 this state, at the rate of five percent of the taxable income
  5  5 received by the corporation during the income year.
  5  6    b.  For purposes of this section, "taxable income" means the
  5  7 net income as calculated in section 422.35 and determined to
  5  8 be reasonably attributable to Iowa pursuant to subsections 2
  5  9 and 3.
  5 10    Sec. 7.  Section 422.33, subsection 1A, Code 2015, is amended
  5 11 to read as follows:
  5 12    1A.  There is imposed upon each corporation exempt from
  5 13 the general business tax on corporations by section 422.34,
  5 14 subsection 2, a tax at the rates rate specified in subsection 1
  5 15 upon the state's apportioned share computed in accordance with
  5 16 subsections 2 and 3 of the unrelated business income computed
  5 17 in accordance with the Internal Revenue Code and with the
  5 18 adjustments set forth in section 422.35.
  5 19    Sec. 8.  Section 422.33, subsection 4, paragraph a, Code
  5 20 2015, is amended to read as follows:
  5 21    a.  In addition to all taxes imposed under this division,
  5 22 there is imposed upon each corporation doing business within
  5 23 the state the greater of the tax determined in subsection 1,
  5 24 paragraphs "a" through "d" or the state alternative minimum tax
  5 25 equal to sixty percent of the maximum state corporate income
  5 26 tax rate, rounded to the nearest one=tenth of one percent, of
  5 27 the state alternative minimum taxable income of the taxpayer
  5 28 computed under this subsection.
  5 29    Sec. 9.  RETROACTIVE APPLICABILITY.  This Act applies
  5 30 retroactively to January 1, 2015, for tax years beginning on
  5 31 or after that date.
  5 32                           EXPLANATION
  5 33 The inclusion of this explanation does not constitute agreement with
  5 34 the explanation's substance by the members of the general assembly.
  5 35    This bill relates to the tax brackets and tax rates imposed
  6  1 on individuals and corporations under the individual and
  6  2 corporate income taxes.
  6  3    INDIVIDUAL INCOME TAX.  Currently, the individual income tax
  6  4 is imposed in a progressive manner using nine income brackets
  6  5 with increasing rates ranging from a low of 0.36 percent on the
  6  6 first $1,539 of taxable income to a high of 8.98 percent on
  6  7 all taxable income in excess of $69,255.  The taxable income
  6  8 amounts in each bracket are indexed for inflation each year by
  6  9 the department of revenue.  The bill eliminates the top four
  6 10 tax brackets and tax rates and lowers the rate in the fifth tax
  6 11 bracket from 6.12 percent to 5 percent.  As a result, the new
  6 12 tax rates and tax brackets (2015 amounts) are as follows:
  6 13    1.  From $0 to $1,539, 0.36 percent.
  6 14    2.  From $1,540 to $3,078, 0.72 percent.
  6 15    3.  From $3,079 to $6,156, 2.43 percent.
  6 16    4.  From $6,157 to $13,851, 4.5 percent.
  6 17    5.  From $13,852 and over, 5 percent.
  6 18    CORPORATE INCOME TAX.  Currently, the corporate income tax
  6 19 is imposed in a progressive manner using four income brackets
  6 20 with increasing rates ranging from a low of 6 percent on the
  6 21 first $25,000 of taxable income to a high of 12 percent on
  6 22 taxable income of $250,000 or more.  The bill eliminates this
  6 23 tiered bracket and rate structure and imposes the tax at a rate
  6 24 of 5 percent on the corporation's taxable income.
  6 25    The bill applies retroactively to tax years beginning on or
  6 26 after January 1, 2015.
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