2004 Legislative Summaries

IOWA LEGISLATURE TAX RELATED ACTIONS - BILL NUMBER INDEX

BILL

DESCRIPTION

HR  164

Resolution Regarding Business Activity Taxes

HF  2302

County Endowment Fund From Gambling Receipts

HF  2401

Above Ground Petroleum Storage Tank Fund Created

HF  2431

Educational Institutions Eligible For  University-Based Research Utilization Program Tax Credit

HF  2484

Franchise Tax Credit For Banks Organized As Limited Liability Companies

HF  2541

Utility Replacement Tax

HF  2553

Iowa Educational Savings Plan Trust Changes

SJR 2010

Proposed Constitutional Amendment Requiring Voter Approval For Tax Increases

SF  443-A

Tax Credits For Investments In Qualifying Businesses

SF  443-B

Tax Credits For Investments Venture Capital Funds

SF  443-C

Tax Credits For Investments In Community-Based Seed Capital Funds

SF  2026

Reinstating The Phase-out Of Taxes On Residential Utilities

SF  2167

Inheritance Tax Disclaimer

SF  2187

Additional Municipal Utility Exclusion From Exemption

SF  2270

Discharge Record of Veteran Confidential

SF  2290-A

Recapture Of Benefits Under The New Jobs And Income Program

SF  2290-B

Sales Tax Refund For Racks, Shelving, And Conveyor Equipment

SF  2290-C

Corporation Tax Credit For Certain Sales Tax Paid By Third Party Developer

SF  2290-D

Investment Tax Credit For Eligible Businesses

SF  2290-E

Repeal Of Eligible Development Businesses

SF  2291

Urban Revitalization Property Tax Exemption

SF  2296-A

Decoupling With 50% Bonus Depreciation

SF  2296-B

Decoupling With Section 179 Expensing

SF  2296-C

Decoupling With Provisions of Military Family Tax Relief Act of 2003

SF  2296-D

Update Of References To The Internal Revenue Code—Research Activities Credit

SF  2296-E

Department Can Appeal State Board Decisions

SF  2296-F

Administrative Levy As Condemnation Of Funds And Recovery From Challenges To The Levy

SF  2296-G

Administrative Wage Assignment As Condemnation Of Funds And Challenges To The Assignment

SF 2296-H

A Retroactive Exemption For “Cigarette Buy-downs” And Similar Trade Discounts

SF 2296-I

Collected Hotel/Motel Taxes Are Trust Fund Taxes

SF 2296-J

Collected Local Option Taxes Are Trust Fund Taxes

SF 2296-K

Rents, Royalties, Copyright, And License Fees Redefined

SF 2296-L

Collected Sales And Use Taxes Are Trust Fund Taxes

SF 2296-M

Legislative Service Agency-New Organization, New Exemption

SF 2296-N

Additional Exemptions Applicable To Foundries

SF 2296-O

Wine-Reciprocal Shipping Privileges Exemption

SF 2296-P

Collected Environmental Protections Charges Are Trust Fund Taxes

SF 2296-Q

Section 42 Property

SF 2296-R

Iowa Inheritance Tax Returns Need Not Be Filed In Certain Situations

SF 2296-S

Extension Of Appraisal Time

SF 2296-T

Collected Motor Fuel Taxes Are Trust Fund Taxes

SF 2296-U

Cigarette And Tobacco Products

SF 2296-V

Collected Cigarette And Tobacco Taxes Are Trust Fund Taxes

SF 2296-W

Collected Controlled Substance Taxes Are Trust Fund Taxes

SF 2296-X

Elimination Of Voter Registration Forms In Income Tax Returns And Booklets

SF 2298-A

School Local Option Tax Has Extensions Up To Ten Years

SF 2298-B

Revenue Purpose Statement

SF 2298-C

Appropriation For Property Tax Credits

SF 2298-D

Exempt Rental Of Construction Machinery And Equipment

SF 2298-E

Wind Energy Production Tax Credit

SF 2298-F

Wind Energy Conversion Property (Taxation)

SF 2298-G

Individual Income Tax Check-offs

SF 2298-H

State Tax Implementation Committee

 

HR 164 - RESOLUTION REGARDING BUSINESS ACTIVITY TAXES

Prior Law
None

New Provisions
House Resolution 164 requested that the United States Congress expand the physical presence standard for the imposition of state and local business activity taxes. This resolution urged Congress to enact legislation recognizing a physical presence standard for the imposition of state and local business activity taxes, defining de minimis standards for measuring physical presence, and setting reasonable limits on the attribution of nexus. The resolution also requested legislation to update Public Law 86-272 to extend the current protections available for the solicitation for sales of goods to the solicitation for sales of services and intangibles and to apply these protections to all business activity taxes.

The resolution also stated that any congressional approval of sales tax streamlining without the simultaneous enactment of these business activity tax measures would have a harmful effect on American businesses and the economy.

This resolution basically encouraged Congress to pass H.R. 3220, the “Business Activity Tax Simplification Act of 2003,” which was introduced in Congress in October 2003. This bill would establish a physical presence standard for income tax and other business activity taxes imposed by states.

Section Amended
No Code section was amended.

Effective Date
None

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HF 2302 - COUNTY ENDOWMENT FUND FROM GAMBLING RECEIPTS

Prior Law
None.

New Provisions
A County Endowment Fund is created under the control of the Department of Revenue. One-half of one percent of the adjusted gross receipts from gambling games authorized under Chapter 99F is deposited into this fund. At the end of each fiscal year, moneys in the fund are transferred into separate accounts and distributed to counties which do not have gambling licenses. The moneys are transferred to an eligible county recipient, which is a qualified community foundation or community affiliate organization located in each county as defined in Section 15E.303. If a county does not have an eligible county recipient, the money stays in the account until an eligible county recipient is established.

The eligible county recipient must distribute 75% of the moneys to charitable organizations in that county and shall retain 25% for establishing a permanent endowment fund.

Section Amended
Section 1 of House File 2302 creates new section 15E.311, Code 2003. Section 50 amends section 99F.11, Code Supplement 2003, subsection 3, paragraph d. Section 56 amends section 421.17, Code Supplement 2003, by adding new subsection 28.

Effective Date
July 1, 2004.

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HF 2401 - ABOVEGROUND PETROLEUM STORAGE TANK FUND CREATED

Prior Law
An Underground Petroleum Storage Tank Fund existed to alleviate the financial burden of owners of property required to clean up the damage caused by leaking petroleum underground storage tanks when such leakage was not the fault of the landowner required to pay for it.

New Provisions
A similar fund is created to benefit owners of land on which leaking aboveground petroleum storage tanks have caused damage.

Section Amended
Section 4 of House File 2401 amends chapter 455G by adding a new section 455G.23 which is repealed as of December 31, 2006.

Effective Date
Upon enactment (04-20-04)

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HF 2431 - EDUCATIONAL INSTITUTIONS ELIGIBLE FOR THE UNIVERSITY-BASED
RESEARCH UTILIZATION PROGRAM TAX CREDIT

Prior Law
A university-based research utilization program tax credit administered by the Department of Economic Development is available for purposes of encouraging the utilization of university-based research. A new or existing business that utilizes a technology developed by an employee at a university under the control of the Iowa Board of Regents may apply for the program. A tax credit equal to 10% of the tax liability of the approved business is issued to the university employee responsible for the technology used by the approved business.

New Provisions
A new or existing business that utilizes a technology developed by an employee of an Iowa community college or an accredited private university located in Iowa may also apply for the university-based research utilization program. A tax credit equal to 10% of the tax liability of the approved business is issued to the employee of the community college or accredited private university located in Iowa who was responsible for the technology used by the approved business.

Section Amended
House File 2431 amends section 262B.11, Code Supplement 2003.

Effective Date
July 1, 2004, for fiscal years beginning on or after that date

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HF 2484 - FRANCHISE TAX CREDIT FOR BANKS ORGANIZED AS LIMITED LIABILITY COMPANIES

Prior Law
Financial institutions can be organized as either an S corporation or a C corporation for federal income tax purposes. In both cases, the financial institutions doing business in Iowa must file a franchise tax return for Iowa tax purposes. For those financial institutions who file as an S corporation and have income taxed directly to its shareholders, a franchise tax credit is allowed equal to the shareholder’s pro-rata share of the Iowa franchise tax paid by the financial institution.

New Provisions
Financial institutions may now be organized as a limited liability company under chapter 524 of the Iowa Code. If the limited liability company is taxed as a partnership for federal income tax purposes, the income is taxed directly to its shareholders, and a franchise tax credit is allowed equal to the shareholder’s pro-rata share of the Iowa franchise tax paid by the financial institution.

At this time, any financial institutions organized as a limited liability company are taxed as a C corporation for federal income tax purposes. Legislation is pending in the United States Congress which would allow financial organizations to be taxed as a partnership for federal income tax purposes. Therefore, until legislation is passed at the federal level, there will be no franchise tax credit for shareholders of limited liability companies.

Section Amended
Section 46 of House File 2484 amends section 422.11, Code 2003.

Effective Date
July 1, 2004, for financial institutions organized as limited liability companies on or after that date.

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HF 2541 - UTILITY REPLACEMENT TAX

Prior Law
Transmission line property did not qualify as a “Major addition”. A taxing district could receive little if any replacement tax, even though a considerable amount of new transmission line property was located in the taxing district, because the new replacement tax was allocated over all other existing electric property.

The department was required to certify gas and electric company valuations to the county auditors by August 31.


New Provisions
The definition of “Major addition” is expanded to include acquisition of electric transmission operating property. This change permits the taxing district to receive all of the replacement tax for transmission line additions in excess of $1 million.

Gas and electric companies that paid more than $500,000 in replacement taxes in the previous year or estimates their replacement tax liability will vary by more than 10% from the previous year are required to report their estimated replacement tax liability for the current year to the department by October 1. Also, the companies are required to report midyear additions of operating property and associated estimated replacement taxes to the department by October 1. These changes will provide better projections of the taxable valuations for local government replacement tax budgeting purposes.

The date the department is required to certify gas and electric company valuations to the county auditors was changed from August 31 to October 31 to accommodate the changes made under “New Provisions”.


Sections Amended
Section 1 of House File 2541 amends section 437A.3, subsection 18, Code Supplement 2003; section 2 amends section 437A.15, subsection 3, paragraph e, Code Supplement 2003; section 3 amends section 437A.19, subsection 2, paragraph f, Code Supplement 2003; and section 4 provides an effective and retroactive applicability date.


Effective Date
April 20, 2004. Applies retroactively to January 1, 2004.

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HF 2553 - IOWA EDUCATIONAL SAVINGS PLAN TRUST CHANGES

Prior Law
A deduction is allowed for individual income tax for contributions made to the Iowa educational savings plan trust, commonly referred to as “College Savings Iowa.” The plan is administered by the State Treasurer. Participants can claim a deduction up to $2,290 per beneficiary for contributions made in 2004, and this amount is adjusted for inflation. These contributions are intended to cover future higher education costs of beneficiaries. The minimum contribution per beneficiary per year is $50, and contributions could be made in cash, proceeds of gifts or other endowments. The treasurer can only make payments to an institution of higher learning. Participants who cancel an agreement were not entitled to any investment income earned on their contributions, and were subject to penalties upon cancellation.

New Provisions
Technical changes to the Iowa educational savings plan trust were made. The treasurer can make payments directly to a participant or beneficiary, and partial nonqualified distributions can be made to participants. The minimum contribution of $50 per beneficiary, per year, has been eliminated. All contributions must now be made in cash. A participant who cancels an agreement will receive the entire account balance, including the investment income, without any penalties for cancellation.

Section Amended
House File 2553 amends various sections to chapter 12D, Code 2003.

Effective Date
These provisions take effect upon enactment, which was April 15, 2004.

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SJR 2010 - PROPOSED CONSTITUTIONAL AMENDMENT REQUIRING VOTER APPROVAL FOR TAX INCREASES

Prior Law
None

New Provisions
Senate Joint Resolution 2010 proposes a constitutional amendment to the Iowa Constitution, Article XIII, “People’s Right to Vote on Tax or Fee Increases,” which has been approved by the Iowa General Assembly. This amendment would require voter approval of any state tax or fee increase adopted in a fiscal year that would raise annual revenue in excess of 1% of the state’s general fund revenues received in the preceding fiscal year. Increases would be submitted to voters in a general election every two years before taking effect, and must be approved by a majority of the voters. The ballot would list the largest increase first, and include other increases in descending order. All increases of any one tax or fee shall be included together and are regarded as one increase.

The amendment provides that a tax increase can be allowed without voter approval if three conditions are met: (1) the Governor declares an emergency tax increase for only one specified fiscal year; (2) the Governor specifies the nature of the emergency and requests a tax increase for an emergency expenditure; and (3) the increase is approved by a two-thirds vote of the legislature. The emergency tax increase could not be enacted more than four months before the fiscal year to which it applies.

The amendment would allow any citizen or taxpayer to bring suit in the Iowa Supreme Court to enforce compliance within two years of adoption of a tax or fee increase. The Iowa Supreme Court has original jurisdiction on this suit, and the Court would be required to invalidate any tax or fee increase that was not properly submitted for a vote. The Court must also order the revenue to be refunded or applied to future taxes in cases where the tax or fee increase was not properly submitted.

This amendment must be approved by both the House and Senate in another legislative session, and then be approved by the voters statewide in order for this amendment to take effect.

Section Amended
None


Effective Date
Requires approval by another General Assembly and the voters before taking effect.

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SF 443-A - TAX CREDITS FOR INVESTMENTS IN QUALIFYING BUSINESSES

Prior Law
Only investments made by individual income taxpayers or a revocable trust qualify for an investment tax credit for an equity investment in a qualifying business approved by the Iowa Capital Investment Board.

In order to qualify for the investment tax credit, the investor could not include a person which was a current or previous owner, member, or shareholder in a qualifying business.

New Provisions
Investments made by a partnership, limited liability company, S corporation, all estates or trusts, corporations, financial institutions, credit unions or insurance companies in a qualifying business approved by the Iowa Capital Investment Board can qualify for an investment tax credit. Investments made by individuals or a revocable trust still qualify for the investment tax credit.

In order to qualify for the investment credit, the investor can include a person that holds less than a 70% ownership interest as an owner, member, or shareholder of the qualifying business.

Section Amended
Section 1 of Senate File 443 amends section 15E.42, subsection 3, Code Supplement 2003. Section 2 amends section 15E.43, subsection 1, paragraphs a and b, Code Supplement 2003. Section 3 amends section 15E.44, subsection 4, Code Supplement 2003.

Effective Date
Retroactive to January 1, 2004, for tax years beginning on or after that date.

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SF 443-B - TAX CREDITS FOR INVESTMENTS IN VENTURE CAPITAL FUNDS

Prior Law
A taxpayer could not claim a tax credit for an equity investment in a venture capital fund approved by the Iowa Capital Investment Board if the taxpayer is a venture capital investment fund allocation manager for the Iowa fund of funds or an investor that receives a tax credit for the same investment in a community-based seed capital fund.

New Provisions
A taxpayer cannot also claim a tax credit for an equity investment in a venture capital fund if the taxpayer receives a tax credit for the same investment in a qualifying business.

Section Amended
Section 4 of Senate File 443 amends section 15E.51, subsection 4, Code Supplement 2003.

Effective Date
Retroactive to January 1, 2004, for tax years beginning on or after that date.

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SF 443-C - TAX CREDITS FOR INVESTMENTS IN COMMUNITY-BASED SEED CAPITAL FUNDS

Prior Law
For an investment in a community-based seed capital fund to be approved by the Iowa Capital Investment Board for a tax credit, the fund must have capital commitments of at least $500,000, but not more than $3 million. The fund must also have no fewer that ten individual investors, and the fund must invest at least 33% of its invested capital in no fewer than two separate qualifying businesses within thirty-six months after commencing the fund’s investment activities.

New Provisions
For the community-based seed capital fund to be approved, the fund must have capital commitments of at least $125,000, but not more than $3 million. However, if the fund is a rural business investment company formed under the rural business investment program of the federal Farm Security and Rural Investment Act of 2002, the fund can have capital commitments in excess of $3 million and still be approved. The fund must have no fewer than five individual investors, and the fund must invest at least 33% of its invested capital in one or more separate qualifying businesses within thirty-six months after commencing the fund’s investment activities

Section Amended
Section 5 of Senate File 443 amends section 15E.45, subsection 2, paragraphs b and c, Code Supplement 2003. Section 6 amends section 15E.45, subsection 6, Code Supplement 2003.

Effective Date
Retroactive to January 1, 2002, for tax years beginning on or after that date.

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SF 2026 - REINSTATING THE PHASEOUT OF TAXES ON RESIDENTIAL UTILITIES

Prior Law
Through an unusual combination of circumstances, the phaseout of state sales and use taxes on residential utilities was removed from the Iowa statutes after the rate of taxation was lowered from five to three percent.

New Provisions
The phaseout of state sales and use taxes on residential utilities (gas, electricity, and fuel) is reenacted into law. The phaseout is not applicable to local option taxes imposed under chapters 423B and 423E. The state rate of taxation is two percent for the calendar year 2004, one percent for the calendar year 2005, and zero percent on and after January 1, 2006.

Section Amended
Senate File 2026 amends Section 423.3, 2003 Iowa Acts, First Extraordinary Session, chapter 2, section 96.

Effective Date
July 1, 2004.

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SF 2167 - INHERITANCE TAX DISCLAIMER

Prior Law
Iowa Code section 633.704 provided for property, a power, or interest to be disclaimed by a beneficiary and to pass as if the beneficiary had predeceased the decedent, unless the decedent or transferor had provided otherwise. This section also set forth the requirements for the disclaimer to be valid.

New Provisions
Iowa Code section 633.704 was repealed with the addition of new sections 633.704A through and including 633.704Q to implement the "Iowa Uniform Disclaimer of Property Interest Act". These new Code sections set forth specific criteria for various types of disclaimers which may involve real property, tangible property, future interests, trust interests, medical assistance, jointly held property, and powers of appointment. This new act also provides that any disclaimer that is valid under section 2518 of the Internal Revenue Code is also valid for Iowa purposes.

Section Amended
Senate File 2167 repeals Iowa Code section 633.704 and inserts new sections of the Iowa Code which are 633.704A through and including 633.704Q to implement the “Iowa Uniform Disclaimer of Property Interest Act”.

Effective Date
Effective for disclaimers delivered or filed on or after July 1, 2004.

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SF 2187 - ADDITIONAL MUNICIPAL UTLITIY EXCLUSION FROM EXEMPTION

Prior Law
Sales of goods and taxable services used by or in connection with the operation of any municipally owned public utility engaged in selling gas, electricity, heat, or pay television service to the general public were excluded from the exemption in favor of sales to Iowa municipalities and thus were taxable.

New Provisions
Sales of goods and taxable services used by or in connection with the operation of any municipally owned public utility engaged in selling communication services to the general public are also excluded from exemption and thus are taxable.

Section Amended
Section 4 of Senate File 2187 amends Section 423.3, subsection 31, paragraph a, as enacted by 2003 Iowa Acts, First extraordinary Session, chapter 2, section 96.

Effective Date
July 1, 2004.

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SF 2270 - DISCHARGE RECORD OF VETERAN CONFIDENTIAL

Prior Law
The military service discharge record of a veteran recorded in the office of the county recorder was a confidential record with certain exceptions. One of the exceptions was that it could be made available to a person conducting research who received approval from the commission of veteran affairs.


New Provisions
The record may be made available to the commission of veteran affairs. However, the record can no longer be made available to a person conducting research who has received approval from the commission of veteran affairs.


Sections Amended
Section 4 of Senate File 2270 amends section 331.608, subsection 6, paragraph e, Code Supplement 2003, and section 5 amends section 331.608, subsection 6, paragraph f, Code Supplement 2003, by striking the paragraph.


Effective Date
July 1, 2004.

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SF 2290-A - RECAPTURE OF BENEFITS UNDER THE NEW JOBS AND INCOME PROGRAM

Prior Law
For eligible businesses approved under the New Jobs and Income Program (NJIP), the business was subject to repayment of a portion of the investment tax credit received under the program if job creation requirements were not met. For eligible businesses approved under the Enterprise Zone (EZ) program and the New Capital Investment Program (NCIP), the business was subject to repayment of a portion of all tax incentives received under the program if job creation requirements were not met.

New Provisions
For eligible businesses approved under the NJIP, the business is subject to repayment of a portion of all tax incentives received under the program, not just the investment tax credit, if job creation requirements are not met.

Section Amended
Section 1 of Senate File 2290 amends section 15.330, subsection 1, unnumbered paragraph 1, Code 2003.

Effective Date
March 17, 2004, for NJIP projects approved by the Department of Economic Development on or after that date.

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SF 2290-B - SALES TAX REFUND FOR RACKS, SHELVING AND CONVEYOR EQUIPMENT

Prior Law
Eligible businesses approved under the New Jobs and Income Program (NJIP), the Enterprise Zone Program (EZ) and the New Capital Investment Program (NCIP) could not obtain a refund of sales or use tax paid on racks, shelving and conveyor equipment used in a warehouse or distribution center.

New Provisions
Eligible businesses approved under NJIP, EZ or NCIP are entitled to refunds of sales or use tax, but not local option tax, paid on racks, shelving and conveyor equipment used in a warehouse or distribution center. These refund requests are made directly to the Department of Revenue.

Eligible businesses under the NJIP and NCIP who lease racks, shelving and conveyor equipment from a third- party developer will receive a corporation income tax credit equal to the sales and use tax paid by the developer. The Department of Economic Development will issue a tax credit certificate to the eligible business after documentation is received from the developer regarding the amount of sales tax paid. Any credit in excess of the tax liability for the tax year may be carried forward for up to seven years, or the eligible business may elect to receive a refund for all or a portion of the unused credit.

The combined amount of refunds and tax credit certificates available for sales tax paid on racks, shelving and conveyor equipment shall not exceed $500,000 in a fiscal year. Requests for refunds and tax credit certificates will be processed in the order they are received. If refunds and tax credit certificates exceed $500,000 in a fiscal year, they will be considered in succeeding fiscal years.

Section Amended
Section 2 of Senate File 2290 amends section 15.331A, unnumbered paragraph 1, Code Supplement 2003. Section 3 creates new section 15.331C. Section 6 amends section 15.385, Code Supplement 2003, by adding new subsection 1A.

Effective Date
March 17, 2004, for NJIP, EZ and NCIP projects approved by the Department of Economic Development on or after that date.

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SF 2290-C - CORPORATION TAX CREDIT FOR CERTAIN SALES TAX PAID BY THIRD PARTY DEVELOPER

Prior Law
None

New Provisions
For eligible businesses approved under the New Jobs & Income Program (NJIP) and the New Capital Investment Program (NCIP), a corporation income tax credit can be claimed equal to the sales tax paid by a third-party developer relating to gas, electricity, water or sewer utility services, goods, wares, or merchandise, or on services rendered, furnished, or performed to or for a contractor of subcontractor and used in the fulfillment of a written contract relating to the construction or equipping of a facility of the eligible business. Sales tax attributable to racks, shelving, and conveyor equipment to be used in a warehouse or distribution facility can also be included.

Upon project completion, the third-party developer must provide documentation to the Department of Economic Development regarding the amount of sales tax paid. The sales tax attributable to racks, shelving and conveyor equipment must be identified separately. A tax credit certificate will be issued to the eligible business by the Department of Economic Development for the sales tax paid. A separate tax credit certificate will be issued for any sales tax attributable to racks, shelving and conveyor equipment.

Any credit in excess of the tax liability for the tax year may be carried forward for up to seven years, or the eligible business may elect to receive a refund for all or a portion of the unused credit.

This credit is not available to businesses approved under the Enterprise Zone program.

Section Amended
Section 3 of Senate File 2290 creates new section 15.331C. Section 6 amends section 15.385, Code Supplement 2003, by adding new subsection 1A.

Effective Date
March 17, 2004, for NJIP and NCIP projects approved by the Department of Economic Development on or after that date.

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SF 2290-D - INVESTMENT TAX CREDIT FOR ELIGIBLE BUSINESSES

Prior Law
For eligible businesses approved under the New Jobs & Income Program (NJIP), the Enterprise Zone Program (EZ) and the New Capital Investment Program (NCIP), leased property was not eligible for the investment tax credit for individual income tax, corporation income tax, franchise tax and insurance premium tax.

New Provisions
Leased property is now eligible for the investment tax credit under certain circumstances. The leased property must involve a new building or major renovation, and cannot include an existing building. For NJIP and EZ programs, the applicants must enter into, at minimum, a ten year lease. For the NCIP program, the applicant must enter into, at minimum, a five year lease.

The investment tax credit is based on the annual base rent paid to a third-party developer for a period not to exceed ten years, provided that the rent payments for these ten years does not exceed the cost of the land and the third-party developer’s costs to build or renovate the building.

Any investment tax credit on leased property in excess of the tax liability for the current year can be carried forward for up to seven years or until depleted, whichever occurs first.

Section Amended
Section 4 of Senate File 2290 amends section 15.333, subsection 1, Code Supplement 2003. Section 5 amends section 15.333A, subsection 1, Code 2003. Section 7 amends section 15.385, subsection 3, paragraph b, Code Supplement 2003. Section 8 amends section 15.385, subsection 4, paragraph b, Code Supplement 2003.

Effective Date
March 17, 2004, for NJIP, NCIP and EZ projects approved by the Department of Economic Development on or after that date.

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SF 2290-E - REPEAL OF ELIGIBLE DEVELOPMENT BUSINESSES

Prior Law
Tax incentives were available to eligible development businesses approved by the Department of Economic Development. Eligible development businesses included developers that constructed, expanded or rehabilitated building space in a part of a city or county in which there was a designated enterprise zone. These incentives included an investment tax credit for new investment directly related to the construction, expansion or rehabilitation of building space, and a sales and use tax refund available for other eligible businesses operating in an enterprise zone.

New Provisions
The eligible development business portion of the enterprise zone program was repealed. The four businesses that were approved by the Department of Economic Development under this program will continue to receive the tax incentives to which they were entitled.

Section Amended
Section 9 of Senate File 2290 amends section 15E.195, Code 2003. Section 10 amends section 15E.196, subsection 7, Code Supplement 2003, by striking the subsection. Section 11 repeals section 15E.193C, Code Supplement 2003.

Effective Date
March 17, 2004

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SF 2291 - URBAN REVITALIZATION PROPERTY TAX EXEMPTION

Prior Law
Chapter 404 provided four property tax exemption schedules in section 404.3 and one in section 404.3A for improvements made to qualified real estate.


New Provisions
Two additional property tax exemption schedules are provided for improvements made to abandoned property in section 404.3B.


Sections Amended
Section 1 of Senate File 2291 amends section 404.2, subsection 2, paragraph h, Code 2003; section 2 amends section 404.3, Code 2003, by adding new subsection 4A; section 3 amends section 404.3, subsections 5 and 6, Code 2003; and section 4 adds new section 404.3B.


Effective Date
May 17, 2004. Applies to urban revitalization property tax exemptions claimed and allowed on or after January 1, 2005.

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SF 2296-A - DECOUPLING WITH 50% BONUS DEPRECIATION

Prior Law
Iowa did not couple with the 30% “bonus depreciation” provision allowable for federal income tax purposes for assets placed in service after September 10, 2001 but before September 11, 2004. The primary reference to the Internal Revenue Code was amended to January 1, 2003, but specific provisions were added to decouple with the 30% federal “bonus depreciation.”

New Provisions
The Jobs and Growth Tax Relief Reconciliation Act of 2003 passed by Congress in May 2003 provided for a 50% “bonus depreciation” in Section 168(k) of the Internal Revenue Code for assets placed in service on or after May 5, 2003, and before January 1, 2005. However, the primary reference in Iowa law to the Internal Revenue Code of January 1, 2003 was not amended.

Therefore, the 50% “bonus depreciation” provision was not adopted for individual, corporation and franchise tax purposes. The MACRS (modified accelerated cost recovery system) method of depreciation without the “bonus depreciation” provision in Section 168(k) of the Internal Revenue Code must be used in computing depreciation for Iowa tax purposes for assets placed in service after September 10, 2001, and before January 1, 2005.

Section Amended
None

Effective Date
Retroactive to May 5, 2003, for tax years ending on or after that date.

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SF 2296-B - DECOUPLING WITH SECTION 179 EXPENSING

Prior Law
The Jobs and Growth Tax Relief Reconciliation Act of 2003 passed by Congress in May 2003 provided for an increase in the expensing allowance in section 179(b) of the Internal Revenue Code for assets placed in service on or January 1, 2003, and before January 1, 2006. Under this provision, taxpayer can immediately deduct, rather than depreciate, $100,000 of the cost of qualified property placed in service. Previously, the deduction was limited to $25,000. Also, off-the shelf computer software is now considered qualifying property for purposes of expensing under section 179(b). The primary reference to the Internal Revenue Code in various statutes was amended through January 1, 2003, which did not include the provisions of the Jobs and Growth Tax Relief Reconciliation Act of 2003.

New Provisions
The primary reference in Iowa law to the Internal Revenue Code of January 1, 2003 was not amended.

Therefore, the increase in the Section 179 expensing allowance to $100,000 was not adopted for individual, corporation and franchise tax purposes. The expensing amount for Iowa tax purposes for Section 179 expense is $25,000 for assets placed in service on or after January 1, 2003, and before January 1, 2006. In addition, off-the-shelf computer software is not qualifying property for purposes of expensing under section 179(b) for Iowa tax purposes.

This adjustment will also result in a different basis of assets for Iowa tax purposes. Therefore, if a sale or disposition of “Section 179” property occurs and the Iowa Section 179 adjustment applied to this property in prior years, the amount of gain or loss on the sale or disposition of the asset reported on the federal return must be adjusted for Iowa purposes to account for the different basis.

Section Amended
None

Effective Date
Retroactive to January 1, 2003, for tax years ending on or after that date.

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SF 2296-C - DECOUPLING WITH PROVISIONS OF MILITARY FAMILY TAX RELIEF ACT OF 2003

Prior Law
The Military Family Tax Relief Act of 2003 passed by Congress in November 2003 targeted tax relief to members of the United States Armed Forces. The primary reference to the Internal Revenue Code in various statutes was amended through January 1, 2003, which did not include the provisions of the Military Family Tax Relief Act of 2003.

Two similar provisions of the Military Family Tax Relief Act of 2003 were adopted for Iowa tax purposes in 2003. For tax years beginning on or after January 1, 2003, a deduction is allowed for individual income tax of up to $1,500 in overnight travel expenses of individuals in the national guard and military reserve who travel away from home more than one hundred miles for the performance of services for the guard or reserve. Also, the amount of death gratuity payment reported on the federal income tax return by a survivor of a deceased member of the armed forces is excluded for Iowa tax purposes for deaths occurring after September 10, 2001.

New Provisions
The primary reference in Iowa law to the Internal Revenue Code of January 1, 2003 was not amended.

Therefore, unless there was already an existing provision in Iowa law, the provisions of the Military Family Tax Relief Act of 2003 were not adopted for Iowa individual income tax purposes. The provisions that were not adopted are as follows:

1) The deduction for travel expenses of national guard and military reserve members in excess of $1,500 is not allowed for Iowa tax purposes.
2) The exclusion of gain from the sale of a principal residence by military and foreign service personnel if the individual has lived in the house for at least two of the previous five years is not allowed for Iowa tax purposes.
3) There is no exclusion of amounts received by members of the Armed Forces under military assistance programs for Iowa tax purposes.
4) Penalty-free withdrawals from Coverdell education savings accounts and qualified tuition programs on account of attendance at the U.S. Service Academies is not allowed for Iowa tax purposes.

Section Amended
None

Effective Date
Retroactive to January 1, 2003, for tax years ending on or after that date.

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SF 2296-D - UPDATE OF REFERENCES TO THE INTERNAL REVENUE CODE – RESEARCH ACTIVITIES CREDIT

Prior Law
The references to the Internal Revenue Code in the various statutes for the research activities credit were amended through January 1, 2003.

New Provisions
The references to the Internal Revenue Code in the various statutes for the Iowa research activities credit are updated to January 1, 2004, so the federal changes in the research activities credit are considered to have been adopted for Iowa tax purposes.

Section Amended
Section 1 and section 2 of Senate File 2296 amend section 15.335, subsection 4 and section 15A.9, subsection 8, paragraph e, Code Supplement 2003. Section 17 amends section 422.10, subsection 3, Code Supplement 2003. Section 18 amends section 422.33, subsection 5, paragraph “d”, Code Supplement 2003.

Effective Date
Retroactive to January 1, 2003, for tax years beginning on or after that.

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SF 2296-E - DEPARTMENT CAN APPEAL STATE BOARD DECISIONS

Prior Law
The Department was barred from appealing decisions by the State Board of Tax Review. If a taxpayer received an unfavorable decision from the State Board of Tax review, the taxpayer could appeal the unfavorable decision.

New Provisions
Iowa Code section 421.1(4) was amended to include a new paragraph which allows the department or a taxpayer to appeal an unfavorable decision of the State Board of Tax Review.

Section Amended
Section 3 of Senate File 2296, amends section 421.1, subsection 4,Code Supplement 2003.

Effective Date
Effective July 1, 2004

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SF 2296-F - ADMINISTRATIVE LEVY AS CONDEMNATION OF FUNDS AND RECOVERY FROM CHALLENGES TO THE LEVY

Prior Law
Iowa Code section 421.17A did not expressly state that the levy was a condemnation of funds. Nor did the statute state that actions and inactions by the department were an election to pursue or not pursue other remedies.

Previously, Iowa Code section 421.17A(8) did not expressly state that challenges to an administrative levy was limited to restitution of only the amount wrongfully encumbered or collected by the department.

Iowa Code section 421.17A did not expressly state the limits of a challenge to an administrative levy concerning the validity of the tax.

New Provisions
Iowa Code section 421.17A was amended to provide that an administrative levy be considered the statutory equivalent of the condemnation of funds under Iowa Code chapter 642, which is condemnation of funds by garnishment. This section was also amended to state remedies for an administrative levy are cumulative. In addition, the new amendment states that any action or lack of action by the department or the attorney general is not to be construed as an election regarding remedies.

Iowa Code section 421.17A(8) was amended to provide that if a taxpayer challenges an administrative levy that has been executed, the taxpayer’s recovery is limited to the restitution of the wrongfully encumbered property or amount collected.

Iowa Code section 421.17A(8)(g) was amended to provide that an administrative levy is only executed upon the expiration of the statute of limitations to protest the tax. Consequently, a challenge to an administrative levy can only be used to challenge issues involving the levy and not the validity of the tax.

Section Amended
Section 5 of Senate File 2296 amends section 421.17A, subsection 2, paragraph “a”, Code Supplement 2003. Section 10 of Senate File 2296 amends section 421.17A, subsection 8, by adding new paragraphs “g” and “h”, Code Supplement 2003.

Effective Date
Effective for administrative levies imposed on or after July 1, 2004.

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SF 2296-G - ADMINISTRATIVE WAGE ASSIGNMENT AS CONDEMNATION OF FUNDS AND CHALLENGES TO THE ASSIGNMENT

Prior Law
Iowa Code section 421.17B did not expressly state that the levy was a condemnation of funds. Nor did statutory provisions state that actions or inactions by the department were an election to pursue or not pursue other remedies. In addition, this statute specifically limited remedies to those set forth in Iowa Code chapters 626 and 642 if the wage assignment was not successful.

Under prior law, challenges to an administrative wage assignment were subject to review under Iowa Code section 17A. In addition, remedies for such challenges were limited to equitable relief.

Iowa Code section 421.17B did not expressly state the limits of a challenge to an administrative wage assignment concerning the validity of the tax.

New Provisions
Iowa Code section 421.17B was amended to provide that an administrative levy be considered the statutory equivalent of the condemnation of funds under Iowa Code chapter 642, which is condemnation of funds by garnishment. This section was also amended to state remedies for an administrative levy are cumulative. In addition, the new amendment states that any action or lack of action by the department or the attorney general is not to be construed as an election regarding remedies.

An amendment was also made to the section regarding challenges of executed administrative wage assignments. The amendments provide that challenges to an administrative wage assignment, even challenges concerning the validity of the assignment, are not subject to review under Iowa Code chapter 17A. Remedies for such challenges are no longer limited to equitable relief. However, a cause of action for recovery against the department for a wrongful administrative wage assignment is limited to restitution of the amount that had been wrongfully encumbered or obtained by the department.

Iowa Code section 421.17B(8)(h) was amended to provide that an administrative wage assignment is only executed upon the expiration of the statute of limitations to protest the tax. Consequently, a challenge to an administrative wage assignment can only be used to challenge issues involving the wage assignment and not the validity of the tax.

Section Amended
Section 11 of Senate file 2296 amends section 421.17B, subsection 2, paragraph a, Code Supplement 2003. Section 14 amends section 421.17B, subsection 8, paragraphs a, b, c, and f, Code Supplement 2003. Section 15 amends section 421.17B, subsection 8, Code Supplement 2003.

Effective Date
Effective for administrative wage assignments filed on or after July 1, 2004.

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SF 2296-H - A RETROACTIVE EXEMPTION FOR “CIGARETTE BUYDOWNS” AND SIMILAR TRADE DISCOUNTS

Prior Law
Trade discounts given or allowed by manufacturers, distributors, or wholesalers to retailers, or by manufacturers or distributors to wholesalers, and payments made by manufacturers, distributors, or wholesalers directly to retailers or by manufacturers or distributors to wholesalers to reduce the sales price of the manufacturer's, distributor's, or wholesaler's product or to promote the sale or recognition of the manufacturer's, distributor's, or wholesaler's product were not excluded from taxable gross receipts or from the taxable sales price of a product. Trade discounts which are commonly known as “cigarette buydowns” were among the trade discounts excluded from exemption.

New Provisions
The amount of any trade discount given or allowed by a manufacturer, distributor, or wholesaler to a retailer or by a manufacturer or distributor to a wholesaler and payments made a by manufacturer, distributor, or wholesaler directly to a retailer or by a manufacturer or distributor to a wholesaler to reduce the sales price of the manufacturer's, distributor's, or wholesaler's product or to promote the sale or recognition of the manufacturer's, distributor's, or wholesaler's product is not included in taxable gross receipts or in any taxable sales price if excessive sales tax is not collected from the purchaser. This paragraph does not apply to coupons issued by manufacturers, distributors, or wholesalers to consumers.

Section Amended
Section 19 of Senate File 2296 amends section 422.42, subsection 6, Code 2003. Section 22 of Senate File 2296 amends section 423.1, subsection 47, paragraph b as enacted by 2003 Iowa Acts, First Extraordinary Session, chapter 2, section 94 by adding a new subparagraph.

Effective Date
Section 19 of Senate File 2296 is effective upon enactment (04-14-04), is retroactive to January 1, 1997, but is void on and after July 1, 2004. Section 52 of the bill limits the amount of refunds resulting from the retroactive effect of section 19 to $25,000 in the aggregate. Claims are prorated if more than $25,000 is applied for. The combined effect of sections 52 and 53 is to require that claims be filed by September 30, 2004 to be valid.

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SF 2296-I - COLLECTED HOTEL/MOTEL TAXES ARE TRUST FUND TAXES

Prior Law
For the purposes of collections, Iowa statutory law was silent on the fact that taxes, once collected, were to be held in trust for the State of Iowa. This premise had to be argued by the department’s collection section on a case by case basis.

New Provisions
Iowa Code section 422A.1 was amended to provide that all hotel/motel taxes collected by anyone are to be held in trust for the State of Iowa and the local jurisdictions imposing the taxes.

Section Amended
Section 20 of Senate File 2296, amends section 422A.1, Code Supplement 2003.

Effective Date
Effective July 1, 2004

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SF 2296-J - COLLECTED LOCAL OPTION TAXES ARE TRUST FUND TAXES

Prior Law
For the purposes of collections, Iowa statutory law was silent on the fact that taxes, once collected, were to be held in trust for the State of Iowa. This premise had to be argued by the department’s collection section on a case by case basis.

New Provisions
Iowa Code section 422B.9(3) was amended to provide that all local option taxes collected by anyone are to be held in trust for the State of Iowa and the local jurisdictions imposing the taxes.

Section Amended
Section 21 of Senate File 2296, amends section 422B.9(3). Subsection 3, paragraph a, Code Supplement 2003.

Effective Date
Effective July 1, 2004

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SF 2296-K - RENTS, ROYALTIES, COPYRIGHT, AND LICENSE FEES REDEFINED

Prior Law
Leasing or rental of tangible personal property was a taxable service. The gross receipts from rents, royalties, copyright, and license fees resulting from tangible personal property rental were defined as the gross receipts from the performance of a taxable service. New chapter 423 of the Code (The Streamlined Sales Tax Act) redefined leasing or rental of tangible personal property to be the sale of tangible personal property and not the furnishing of a taxable service. However, new chapter 423 was written in such a way that receipts from rents, royalties, copyright, and license fees resulting from tangible personal property rental continued to be defined as the receipts from the performance of a taxable service and not as the receipts from the sale of tangible personal property.

New Provisions
Define receipts from rents, royalties, copyright, and license fees associated with the rental of tangible personal property to be part of the “sales price” from the sale of tangible personal property and not part of the sales price from the furnishing of a taxable service.

Section Amended
Section 23 of Senate File 2296 amends Section 423.1, subsection 47, as enacted by 2003 Iowa Acts, First Extraordinary Session, chapter 2, section 94. Section 24 of Senate File 2296 amends Section 423.2, subsection 6, unnumbered paragraph 2, as enacted by 2003 Iowa Acts, First Extraordinary Session, chapter 2, section 95.

Effective Date
July 1, 2004.

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SF 2296-L - COLLECTED SALES AND USE TAXES ARE TRUST FUND TAXES

Prior Law
For the purposes of collections, Iowa statutory law was silent on the fact that taxes, once collected, taxes were to be held in trust for the State of Iowa. This premise had to be argued by the department’s collection section on a case by case basis.

New Provisions
Iowa Code section 423.1 was amended to provide that all sales and use taxes collected by anyone are to be held in trust for the State of Iowa.

Section Amended
Section 25 of Senate File 2296, amends section 423.2 as enacted by 2003 Iowa Acts, First Extraordinary Session, Chapter 2, section 95.

Effective Date
Effective July 1, 2004

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SF 2296 -M - LEGISLATIVE SERVICE AGENCY-NEW ORGANIZATION, NEW EXEMPTION

Prior Law
Sales of mementos and other items relating to Iowa history and certain other subjects by the Legislative Service Bureau were exempt from tax.

New Provisions
All functions of the Legislative Service Bureau have been assumed by the Legislative Services Agency. As a part of this, the exemption in favor of the sale of mementos, etc. is also transferred to the Legislative Services Agency.

Section Amended
Section 26 of Senate File 2296 amends section 423.3, subsection 33, as enacted by 2003 Iowa Acts, First Extraordinary Session, chapter 2, section 96.

Effective Date
July 1, 2004

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SF 2296-N - ADDITIONAL EXEMPTIONS APPLICABLE TO FOUNDRIES

Prior Law
The sale, rental, or use of core and mold making equipment and sand handling equipment directly and primarily used in the mold making process by a foundry was exempt from Iowa tax.

New Provisions
In addition to the above exemptions, the sales price of core making, mold making, and sand handling machinery, including replacement parts, is exempted from tax. Also, the sales price from sales of fuel used in creating heat, power, steam, or for generating electric current, or from sales of electricity, consumed by core making, mold making, and sand handling machinery and equipment used directly and primarily in the mold-making process by a foundry is exempted from tax. Finally, the sales price from the furnishing of the design and installation, including electrical and electronic installation, of core making, mold making, and sand handling machinery and equipment used directly and primarily in the mold-making process by a foundry is exempted from tax as well.

Section Amended
Section 26 of Senate File 2296 amends section 423.3, subsection 82 as enacted by 2003 Iowa Acts, First Extraordinary Session, chapter 2, section 96.

Effective Date
July 1, 2004.

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SF 2296-O - WINE-RECIPROCAL SHIPPING PRIVELEGES EXEMPTION

Prior Law
A winery located in another state may ship wine into Iowa exempt from this State’s sales or use tax if the state in which the winery is located allows the wineries of this state an “”equal reciprocal shipping privilege”. The wine must be shipped into Iowa by private common carrier, to a person twenty-one years of age or older, and no more than eighteen liters per month per person may be shipped.

New Provisions
The new provision of the Code does not change existing law. It simply places a reference to the existing exemption (Code § 123.187) in the new section of the Code in the Streamlined Sales Tax Act which is intended to contain all the exemptions applicable to Iowa sales and use tax (2005 Code § 423.1).

Section Amended
Section 27 of Senate File 2296 amends section 423.3 as enacted by 2003 Iowa Acts, First Extraordinary Session, Chapter 2, section 96, by adding a new subsection.

Effective Date
July 1, 2004.

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SF 2296-P - COLLECTED ENVIRONMENTAL PROTECTION CHARGES ARE TRUST FUND TAXES

Prior Law
For the purposes of collections, Iowa statutory law was silent on the fact that taxes or charges, once collected, were to be held in trust for the State of Iowa. This premise had to be argued by the department’s collection section on a case by case basis.

New Provisions
Iowa Code section 424.3(1) was amended to provide that all environmental protection charges collected by anyone are to be held in trust for the State of Iowa.

Section Amended
Section 28 of Senate File 2296, amends section 24.3, subsection 1, Code 2003.

Effective Date
Effective July 1, 2004

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SF 2296-Q - SECTION 42 PROPERTY

Prior Law
No notification was required of the owner to withdraw section 42 property from the program.


New Provisions
The owner of section 42 property is required to notify the assessor when the property is withdrawn from the program. The notification must be provided to the assessor by March 1 of the assessment year. A $500 penalty is imposed for failure to make the notification.


Sections Amended
Section 29 of Senate File 2296 amends section 441.21, subsection 2, Code Supplement 2003.


Effective Date

July 1, 2004. Applies to assessments made on or after January 1, 2005.

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SF 2296-R - IOWA INHERITANCE TAX RETURNS NEED NOT BE FILED IN CERTAIN SITUATIONS

Prior Law
Under current law, Iowa required that all estates must file an inheritance tax return even if the assets were distributed to exempt parties and there was no Iowa inheritance tax due on the disposition of such assets.

New Provisions
Iowa Code sections 450.22, 450.53 and 450.58 were amended to provide that if there was no Iowa estate tax due, then an Iowa inheritance tax return is not necessary if one of the following situations is applicable to the estate:

1. All estate assets are held solely in joint tenancy with right of survivorship between husband and wife;

2. All estate assets are held in joint tenancy with right of survivorship solely between the decedent and individuals listed in Iowa Code section 450.9 as individuals that are entirely exempt from Iowa inheritance tax; or

3. Assets passing by beneficiary designation pursuant to a trust and are intended to pass the decedent’s property at death or through a non-probate transfer solely to individuals listed in Iowa Code section 450.9 as individuals that are entirely exempt from Iowa inheritance tax.

An Iowa inheritance tax return must be filed if estate assets pass to both an individual listed in Iowa Code section 450.9 and that individual’s spouse.

If pursuant to these amendments an Iowa inheritance tax return is not required to be filed, but real estate is be transferred in the estate, then one of the persons succeeding to the interest in the real estate must file an affidavit in the county in which the real estate is located setting forth the legal description of the real estate and the fact that an Iowa inheritance tax return is not required to be filed with the department. If a false affidavit is filed regarding real property in the estate, then the personal representative and the affiant are jointly and severally liable for any tax, penalty and interest that may be due and any statute of limitations cannot bar the department’s collection of the tax, penalty and interest.

If an inheritance tax return is not required because the estate meets one of the above criteria, the final settlement of account need not contain an inheritance tax receipt issued by the department. Instead, the personal representative must file with the settlement an affidavit that an inheritance tax return was not required to be filed pursuant to these amendments. If a false affidavit is filed, then the affiant and the personal representative will be held jointly and severally liable for any tax, penalty and interest due on the estate and any statute of limitations on the assessment and collection of the tax, penalty and interest does not apply.

Section Amended
Section 30 of Senate File 2296 amends section 450.22, Code 2003. Section 32 amends section 450.53, subsections 1 and 2, Code Supplement 2003. Section 33 amends section 450.58, Code Supplement 2003. Section 34 amends section 450.94, subsection 2, Code Supplement 2003. Section 50 amends section 633.479, Code Supplement 2003.

Effective Date
Effective July 1, 2004

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SF 2296-S - EXTENSION OF APPRAISAL TIME

Prior Law
Under current law, when the department and the estate cannot agree regarding the fair market value of real property in the estate, the department has 30 days to request an appraisal on real property.

New Provisions
Iowa Code section 450.37 was amended to provide that when the department and the estate cannot agree regarding the fair market value of real property, the department now has 60 days to request an appraisal on the real property.

Section Amended
Section 31 of Senate File 2296, amends section 450.37, subsection 2, paragraph a, Code Supplement 2003.

Effective Date
Effective July 1, 2004

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SF 2296-T - COLLECTED MOTOR FUEL TAXES ARE TRUST FUND TAXES

Prior Law
For the purposes of collections, Iowa statutory law was silent on the fact that taxes, once collected, were to be held in trust for the State of Iowa. This premise had to be argued by the department’s collection section on a case by case basis.

New Provisions
Iowa Code section 452A.3 was amended to provide that all motor fuel taxes collected by anyone are to be held in trust for the State of Iowa.

Section Amended
Section 35 of Senate File 2296, amends section 453A.3, Code 2003 by adding new subsection 7.

Effective Date
Effective July 1, 2004

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SF 2296-U - CIGARETTE AND TOBACCO PRODUCTS

Prior Law
Cigarette permit holders and licensed tobacco products distributors were required to maintain records for 2 years.

The statute of limitations for the department to audit cigarette and tobacco products tax reports was 2 years.

The penalty for possession of more than 2,000 unstamped cigarettes was $1,000 for a first violation, $2,000 for a second violation, and $3,000 for a third and subsequent violation.

For certain violations of the cigarette tax laws, the department had 2 years to impose a penalty.

In 2000, language placing restrictions on allowing sample cigarettes and tobacco products to be provided to the public was stricken from the Code.


New Provisions
A penalty is imposed against a person for the alteration of cigarette tax stamps. The amount of the penalty increases with the number of cigarettes involved.

Cigarette permit holders and licensed tobacco products distributors are required to maintain records for 3 rather than 2 years.

The statute of limitations for the department to audit cigarette and tobacco products tax reports was increased from 2 to 3 years.

The penalty for possession of unstamped cigarettes is increased to $25 per pack for a first violation, $35 per pack for a second violation, and $45 per pack for a third and subsequent violation.

The department has 3 rather than 2 years to impose a penalty for violations of the cigarette tax laws.

A definition is provided for “counterfeit cigarettes".

The language placing restrictions on manufacturers, distributors, wholesalers, and retailers in providing sample cigarettes and tobacco products to the public was reinserted in the Code.

Sections Amended
Section 36 of Senate File 2296 amends section 453A.6, Code 2003, by adding new subsection 6; section 37 amends section 453A.11, Code 2003; section 38 amends section 453A.15, subsection 1, Code 2003; section 39 amends section 453A.28, Code 2003; section 40 amends section 453A.31, subsection 1, paragraphs c, d, and e, Code 2003; section 41 amends section 453A.31, subsection 2, paragraphs b and c, Code 2003; section 42 amends Code section 453A.32, subsections 1, 4, and 5, Code 2003; section 43 amends Code section 453A.36, Code 2003, by adding new subsection 9; section 44 adds new section 453A.39; section 46 amends section 453A.45, subsection 1, Code 2003; section 47 amends section 453A.45, subsections 2, 3, and 4, Code 2003; and section 48 amends section 453A.46, subsections 1, and 6, Code 2003.


Effective Date
July 1, 2004.

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SF 2296-V - COLLECTED CIGARETTE AND TOBACCO TAXES ARE TRUST FUND TAXES

Prior Law
For the purposes of collections, Iowa statutory law was silent on the fact that taxes, once collected, were to be held in trust for the State of Iowa. This premise had to be argued by the department’s collection section on a case by case basis.

New Provisions
Iowa Code section 453A.43 was amended to provide that all cigarette and tobacco taxes collected by anyone are to be held in trust for the State of Iowa.

Section Amended
Section 45 of Senate File 2296 amends section 453A.43, Code 2003.

Effective Date
Effective July 1, 2004

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SF 2296-W - COLLECTED CONTROLLED SUBSTANCE TAXES ARE TRUST FUND TAXES

Prior Law
For the purposes of collections, Iowa statutory law was silent on the fact that taxes, once collected, were to be held in trust for the State of Iowa. This premise had to be argued by the department’s collection section on a case by case basis.

New Provisions
Iowa Code section 453B.3 was amended to provide that all controlled substance taxes collected by anyone are to be held in trust for the State of Iowa.

Section Amended
Section 49 of Senate File 2296 amends section 453B.3, Code 2003.

Effective Date
Effective July 1, 2004

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SF 2296-X - ELIMINATION OF VOTER REGISTRATION FORMS IN INCOME TAX RETURNS AND BOOKLETS

Prior Law
In odd-numbered tax years, two voter registration forms were required to be inserted in each individual income tax return or instruction booklet.

New Provisions
The requirement to insert two voter registration forms in income tax instruction booklets in odd-numbered tax years has been eliminated. However, the official electronic state of Iowa voter registration form must be placed on the department’s website, along with a link to the Iowa secretary of state’s official website.

Section Amended
Section 51 of Senate File 2296 repealed section 48A.24, Code Supplement 2003. Section 4 amends section 421.17, Code Supplement 2003, by adding new subsection 28.

Effective Date
July 1, 2004

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SF 2298-A - SCHOOL LOCAL OPTION TAX HAS EXTENSIONS UP TO TEN YEARS

Prior Law
Prior school local option tax provisions allowed for ten-year extensions. In addition, Iowa Code section 422E.3A(2)(b)(4) provides that a school district that voted on and approved or extended the local sales and services tax prior to April 1, 2003 cannot receive more than its guaranteed amount of tax whether by pursuant to those provisions governing the tax as imposed.

New Provisions
Iowa Code sections 422E.1(2), 422E.2(5) and 422E.3(1) were amended to allow for extension periods for up to ten years. As a result, extension periods need no longer be in ten-year increments. Also, Iowa Code section 422E.3A(2)(b)(4) was stricken which allows for local sales and services tax that was imposed or extended prior to April 1, 2003 can receive more than the guaranteed amount of tax per student.

Section Amended
Section 251 of Senate File 2298 amends section 422E.1, subsection 2, Code Supplement 2003. Section 253 of Senate File 2298 amends section 422E.2, subsection 5, paragraphs “a” and “b”, Code Supplement 2003. Section 254 of Senate File 2298 amends section 422E.3, subsection 1, Code Supplement 2003. Section 257 of Senate File 2298 strikes section 422E.3A, subsection 2, paragraph “b”, subparagraph 4, Code Supplement 2003.

Effective Date
Effective July 1, 2004

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SF 2298-B - REVENUE PURPOSE STATEMENT

Prior Law
Under current law, a revenue purpose statement is required for school local option infrastructure tax. Each school district located within the county is required to submit a revenue purpose statement to the county commissioner of elections no later than sixty days prior to the election indicating the specific purpose or purposes for which the school local option infrastructure tax and supplemental school infrastructure amount revenue will be expended.

New Provisions
Iowa Code section 422E.2 was amended to provide that a school local option infrastructure election occurring after April 1, 2003, but before August 1, 2003, which submits a revenue purpose statement no later than April 1, 2004, shall be considered to have met the revenue purpose statement requirements.

Section Amended
Section 252 of Senate File 2298, amends section 422E.2, subsection 4, paragraph a, Code Supplement 2003.

Effective Date
Effective July 1, 2004

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SF 2298-C - APPROPRIATION FOR PROPERTY TAX CREDITS

Prior Law
Section 425.1(1), Code Supplement 2003, provides a standing unlimited annual appropriation to the homestead tax credit fund.

Section 426.1, Code 2003, provides a standing limited annual appropriation of $39,100,000 to the agricultural land tax credit fund of which the first $10,000,000 is to be transferred to the family farm tax credit fund (section 425A.1).

Section 426A.1A, Code 2003, provides a standing unlimited annual appropriation to the military service tax credit fund.

Section 425.39, Code Supplement 2003, provides a standing unlimited annual appropriation to the elderly and disabled property tax credit and rent reimbursement fund.


New Provisions
The following limited appropriations are made to these funds for the 2004-2005 fiscal year:

Homestead credit (425.1) $102,945,379

Ag. land credit (425A.1 & 426.1) $34,610,183

Military service credit (426A.1A) $2,568,402

Elderly/disabled credit & reimbursement (425.16-425.40) $19,540,000


Sections Amended
Section 259 of Senate File 2298. This provision will not be codified.


Effective Date
May 18, 2004.

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SF 2298-D - EXEMPT RENTAL OF CONSTRUCTION MACHINERY AND EQUIPMENT

Prior Law
The current Iowa law exempts from tax services used on or in connection with new construction, reconstruction, alterations, expansion, or remodeling of real property or structures. The Streamlined Sales Tax Act did not exempt the rental of machinery or equipment used in this fashion because it treats the rental of tangible personal property as the sale of that property rather than as the sale of a service.

New Provisions
The exemption in favor of services used on or in connection with new construction, etc. is extended to the leasing or rental of self- propelled building equipment, self-constructed cranes, pile drivers, structural concrete forms, regular and motorized
scaffolding, generators, or attachments customarily drawn or attached to self-propelled building equipment, self-constructed cranes, pile drivers, structural concrete forms,
regular and motorized scaffolding, and generators, including auxiliary attachments which improve the performance, safety, operation, or efficiency of the equipment and replacement parts and are directly and primarily used by contractors, subcontractors, and builders for new construction, reconstruction, alterations, expansion, or remodeling of real property or structures

Section Amended
Section 320 of Senate File 2298 amends section 423.3, subsections 2 and 27 as enacted by 2003 Iowa Acts, First Extraordinary Session, chapter 2, section 96.

Effective Date
July 1, 2004.

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SF 2298-E - WIND ENERGY PRODUCTION TAX CREDIT

Prior Law
None

New Provisions
A wind energy production tax credit is available for individual income, corporation income, franchise and insurance premiums tax.

An owner of a electrical production facility that produces electricity from wind that is located in Iowa and placed in service between July 1, 2004 and July 1, 2007 must first receive approval from the board of supervisors of the county in which the facility is located. If approved by the local board of supervisors, the owner of the facility must apply to the Iowa Utilities Board for a tax credit certificate not later than thirty days after the close of the tax year for which the credit is applied for. The tax credit cannot be used for a tax year beginning prior to July 1, 2005. The Utilities Board must notify the Department of Revenue when the tax credit certificates are issued.

The wind energy production credit is not allowed if the owner has claimed or received the property tax exemption under section 427B.26, or the exemption from sales tax under section 423.3, subsection 53 unless the owner’s aggregate nameplate capacity is less than one megawatt.

The credit is equal to the product of one cent multiplied by the numbers of kilowatt-hours of qualified electricity sold by the owner during the tax year. The maximum amount of credit for a tax year equals the rate of 32% of the total number of kilowatts of nameplate generating capacity. If the tax credit for a previous year is less than the maximum amount, the unused credit from the prior year can be carried forward.

The tax credit certificate must be attached to the taxpayer’s tax return for the year in which it is used. The certificate must contain the owner’s name, address, tax identification number and the amount of tax credits. Any tax credit in excess of the tax liability can be carried forward for the following seven years or until depleted, whichever is the earlier. If the tax credit application is filed by a partnership, limited liability company, S corporation, estate or trust, the tax credit certificate may be issued directly to the equity owners or beneficiaries based on the pro rata share of the income from the entity.

The tax credit certificate may be transferred once to any person or entity. Within thirty days of transfer, the transferee must submit the transferred tax credit certificate to the Utilities Board. The Utilities Board then has thirty days to issue a replacement tax credit certificate to the transferee. Any consideration received for the transfer of the tax credit shall not be included as income for Iowa tax purposes, and any consideration paid for the transfer of the tax credit shall not be deductible for Iowa tax purposes.

Section Amended
Section 404 of Senate File 2298 creates new section 422.11J. Section 405 amends section 422.33, Code Supplement 2003, by adding new subsection 16. Section 406 amends section 422.60, Code Supplement 2003, by adding new subsection 9. Section 407 creates new section 432.12E. Section 408 amends section 437A.6, subsection 1, paragraph c, Code 2003. Sections 409 through 417 create new chapter 476B.

Effective Date
Retroactive to January 1, 2004, for tax years beginning on or after that date.

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SF 2298-F - WIND ENERGY CONVERSION PROPERTY (TAXATION)

Prior Law
Wind energy conversion properties were locally assessed.


New Provisions
Wind energy conversion properties are to be assessed by the Department of Revenue for a period of 12 years.

A qualified facility is one that was originally placed in service on or after July 1, 2004, but before July 1, 2007. These facilities are eligible for a production tax credit.

No production tax credit is allowable if the owner has claimed or received the property tax exemption under section 427B.26 unless the owner’s aggregate nameplate capacity is less than one megawatt.

The board of supervisors of the county where the qualified facility is located must approve the application for tax credit.

The consolidated taxes levied on the qualified facility must be paid to the state. The county treasurer must include on the tax statement notice that the taxes are to be paid to the state. The taxes are to be paid to the department of revenue at the same time as required for the payment of regular property taxes and failure to pay the taxes shall be treated in the same manner as failure to pay regular property taxes.

The board of supervisors is to notify the department of the qualified facilities in the county receiving tax credits.


Sections Amended
Sections 409-417 of Senate File 2298 add new chapter 476B.


Effective Date
May 17, 2004. Applies to assessment years 2005-2016.

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SF 2298-G - INDIVIDUAL INCOME TAX CHECKOFFS

Prior Law
There were no more than three individual income tax return checkoffs on each tax return. When the same three checkoffs have been on returns for three consecutive years, the checkoff with the least amount contributed, in the aggregate for the first two years and through March 15 of the third year, was repealed. The same three checkoffs have been on the individual returns for 2001-2003, and the Keep Iowa Beautiful Fund checkoff was scheduled to be repealed.

New Provisions
Four checkoffs can now be allowed on the individual income tax return. The Keep Iowa Beautiful Fund checkoff has been retained, and a Volunteer Fire Fighter Preparedness Fund checkoff has been added. When the same four checkoffs have been on the return for two consecutive years, the two checkoffs for which the least amount has been contributed, in the aggregate for the first year and through March 15 of the second year, are repealed.

If more checkoffs are enacted in the same session of the legislature than there is space for inclusion on the tax return, the earliest enacted checkoff shall be included on the return, and all other checkoffs enacted during that session of the legislature are repealed.

Section Amended
Section 436 of Senate File 2298 reenacts section 422.12A, Code Supplement 2003. Section 437 amends section 422.12E, Code Supplement 2003. Section 438 creates new section 422.12F.

Effective Date
Retroactive to January 1, 2004, for tax years beginning on or after that date.

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SF 2298-H - STATE TAX IMPLEMENTATION COMMITTEE

Prior Law
House File 692, enacted by the 2003 First Extraordinary Session of the Iowa General Assembly, established a property tax implementation committee to study and make recommendations pertaining to the square footage tax and related issues.

No appropriation was made to the property tax implementation committee.


New Provisions
A state tax implementation committee was established. The committee was to study and analyze numerous tax related issues and submit a final report to the general assembly no later than the final adjournment of the 2005 regular legislative session. The committee was to be repealed June 30, 2005. $50,000 was appropriated to the state tax implementation committee for the 2004-2005 fiscal year.

The Governor vetoed the state tax implementation committee.

The property tax implementation committee as established in 2003 was repealed.

As a result of the Governor’s veto of the state tax implementation committee and the legislation’s repeal of the property tax implementation committee, there are no existing committees.


Sections Amended
Section 24, subsection 3, of Senate File 2298 provided the appropriation. The Governor vetoed the appropriation. Sections 440-442 pertain to the committees. The Governor vetoed sections 440 and 441 (state tax implementation committee).


Effective Date

May 17, 2004.

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