Proyectos de ley › 88.ª Asamblea General
Relating to the administration of the tax and related laws by the department of revenue, including the administration and modification of certain tax credits and refunds, the individual and corporate income taxes, franchise taxes, franchise alternative minimum taxes, moneys and credits taxes, sales and use taxes, and automobile rental excise taxes, the assessment of property owned by certain long distance telephone companies, establishing a taxation and exemption of computers task force, and providing for other properly related matters, making penalties applicable, and including effective date and retroactive applicability provisions
Presentado por el comité Ways and Means del Senado
Dónde está ahora
- Hecho: Presentado17 de abril de 2019
- Se saltó: SubcomitéSe saltó
- Hecho: Comité del Senado17 de abril de 2019
- Hecho: Lo aprueba el Senado27 de abril de 201944–4
- Se saltó: Comité de la CámaraSe saltó
- Hecho: Lo aprueba la Cámara25 de abril de 2019
- Hecho: A gobernador(a)3 de mayo de 2019
- Hecho: Firmado como ley16 de mayo de 2019
HF 779 se hizo ley → La misma legislación se aprobó como HF 779, así que esta versión se dejó de lado. Ir a HF 779 ¿Qué es el embudo (funnel)?
Qué contiene
La explicación oficial está en inglés; todavía no hay resumen en palabras sencillas.
This bill relates to the administration of the tax and related laws by the department of revenue, including the administration and modification of certain taxes, tax credits, and refunds. DIVISION I —— INCOME AND FRANCHISE TAX.9 modify Internal Revenue Code references relating to the qualified business income deduction.9 apply retroactively for tax years beginning on or after January 1, 2019.11S specify that school tuition organization tax credits shall be authorized by the department of revenue on a calendar year basis rather than a tax year basis.
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11S also specify that a school tuition organization shall be controlled by a board of directors consisting of at least seven members. Under current law, the board of directors shall be seven members.11S are conforming amendments consistent with current law, and that the amendments do not change the application of current law.12C specifies that a nonresident or part-year resident shall determine their early childhood development tax credit in the ratio of the taxpayer’s Iowa source net income to their all source net income.12C takes effect upon enactment and applies retroactively for tax years beginning on or after January 1, 2019.12C(4), as amended by the bill.60 aligns the definition of “Internal Revenue Code” for franchise alternative minimum tax purposes with the definition of “Internal Revenue Code” for corporate alternative minimum tax purposes.60 applies retroactively for tax years beginning on or after January 1, 2019. The bill provides for a deferral of a gain or loss resulting from exchanging of property (1031 exchange) that meet certain conditions. The federal Tax Cuts and Jobs Act of 2017 repealed 1031 exchanges with respect to exchanges of personal property. The Iowa tax bill enacted last year (2018 Iowa Acts, chapter 1161) decouples, for Iowa individual tax purposes, from the federal repeal of 1031 exchanges relating to personal property, and permits individuals to defer gain or loss on qualifying personal property for tax year 2019 to the extent such deferral would have been permitted under federal law prior to its amendment by the federal Tax Cuts and Jobs Act of 2017. The bill permits a corporation or financial institution, for Iowa corporate income tax or franchise income tax purposes, the same deferral of gain or loss as individuals on qualifying personal property for tax year 2019 to the extent such deferral would have been permitted under federal law prior to its amendment by the federal Tax Cuts and Jobs Act of 2017. The 1031 exchange provision takes effect upon enactment, and applies retroactively for tax years beginning January 1, 2019, but before January 1, 2020. DIVISION II —— ADMINISTRATIVE PROVISIONS.72 permit the department of revenue, by rule, to disclose state tax information to a person a taxpayer has identified to receive such information in the manner prescribed by the department of revenue. DIVISION III —— SALES AND USE TAX.2(1) provides that if a service or warranty contract does not specify a fee amount for nontaxable services or taxable personal property, the sales tax shall be imposed upon an amount equal to the sales price of the contract. Currently, the sales tax is imposed upon an amount equal to one-half of the sales price of such a contract.2(6) specifies that the sales price from the furnishing of carpentry repair and installation services are subject to the sales tax. Currently, carpentry services are subject to sales tax.3(16A), exempting from the state sales and use tax the purchase price of a grain bin, including material or replacement parts used to construct or repair a grain bin. “Grain bin” is defined to mean property that is vented and covered with corrugated metal or similar material, and that is primarily used to hold loose grain for drying or storage. This provision takes effect upon enactment and applies retroactively to January 1, 2004, and applies to tax years beginning on or after that date.3(16A). The bill limits the refunds to $25,000 in the aggregate.3(47) changes the exclusions from the sales tax exemptions in that subsection by aligning the exclusions with the changes made to the exemptions enacted in 2016 Iowa Acts, chapter 1007. This provision takes effect upon enactment and applies retroactively to tax years beginning January 1, 2016, for tax years beginning on or after that date.3(104) exempts from the sales tax the sales of optional service or warranty contracts for computer software maintenance or support services furnished to a commercial enterprise used exclusively by the commercial enterprise.3(104).14A(1)(a), shall collect and remit sales, use, and local option taxes, if the retailer has gross revenue from Iowa sales equal to or exceeding $100,000 for an immediately preceding calendar year or a current calendar year, or has 200 or more separate transactions for an immediately preceding calendar year or a current calendar year.14A(3)(b) by striking the requirement that retailers making Iowa sales collect such taxes if the retailer has 200 or more separate transactions for an immediately preceding calendar year or a current calendar year.14A(1)(a), collect sales, use, and local option taxes if the marketplace facilitator has 200 or more separate transactions for an immediately preceding calendar year or a current calendar year. The bill does not strike the requirement that a marketplace facilitator collect such taxes if the marketplace facilitator makes or facilitates Iowa sales on its own behalf or for one or more marketplace sellers equal to or exceeding $100,000.14A(1)(a), collect sales, use, and local option taxes if the referrer has 200 or more separate transactions for an immediately preceding calendar year or a current calendar year. The bill does not strike the requirement that a referrer collect such taxes if the referrer has Iowa sales equal to or exceeding $100,000. Currently, a referrer is required to provide the department of revenue, on a monthly basis, a list of marketplace sellers who collect and remit Iowa sales and use tax on the platform of the referrer. Otherwise, the referrer is required to collect and remit Iowa sales and use tax.14(3)(e)(1) are met.14A(3)(e)(5) specifying that the paragraph relating to “referrers” is subject to implementation by the department of revenue by rule, and shall not require a referrer to collect tax or comply with the notice and reporting requirements unless such administrative rules take effect.48(2)(c) by striking the paragraph specifying that registering under the streamlined sales and use tax agreement in another member state shall be considered to be registered in this state for purposes of the streamlined sales and use tax agreement. The bill establishes a taxation and exemption computers task force to be initiated, coordinated, and staffed by the department of revenue.3(47)(a)(4).3(47)(a)(4), the department of revenue shall provide any recommendations to the general assembly by January 1, 2020. DIVISION IV —— AUTOMOBILE RENTAL EXCISE TAX.14A provides that a person who is not required to collect and remit automobile rental excise tax shall not be considered a “marketplace facilitator” with respect to the sale of certain transportation services.2.1, which includes facilitation fees, reservation fees, service fees, nonrefundable deposits, and any other direct or indirect charge made or consideration provided in connection with the renting or facilitation of renting automobiles.3 strikes the definitions of “discount rental charge” and “travel package”.3 specifies that the automobile rental excise tax shall be imposed upon the rental price of an automobile if the rental is subject to the state sales or use tax.3 relating to the collection of the automobile rental excise tax by a “rental facilitator” and “rental platform” due to these definitions being stricken by another part of this division of the bill.3 requires that any person required to collect state sales and use tax on the rental transaction under Code chapter 423 shall collect the automobile rental excise tax as applicable.3 provides that a person is not required to collect and remit the automobile rental excise tax if the person meets certain circumstances.3 requires an automobile provider to be solely liable for any amount of uncollected or unremitted automobile rental excise tax and sales and use tax under Code chapter 423. DIVISION V —— TELEPHONE COMPANY PROPERTY. Division V of the bill authorizes the Iowa utilities board to classify a long distance telephone company as a competitive long distance telephone company if certain revenue source criteria are met. In the event of such a classification, the board is required to promptly notify the director of revenue. Upon such notification by the board, the director of revenue is required to assess the property of such competitive long distance telephone company, which property is first assessed for taxation in this state on or after January 1, 1996, in the same manner as all other property assessed as commercial property by the local assessor. The provisions established in the bill are the same as provisions repealed on July 1, 2018, by 2018 Iowa Acts, chapter 1160.1D, subsection 10, takes effect upon enactment and applies retroactively to July 1, 2018, for assessment years beginning on or after that date.1D, subsection 10, as enacted in the bill, effective July 1, 2021.1D, subsection 10, applies to assessment years beginning on or after January 1, 2022. DIVISION VI —— CHILDHOOD AND DEPENDENT CARE CREDIT AND EARLY CHILDHOOD DEVELOPMENT CREDIT.12C(4) increases the Iowa net income threshold levels for purposes of calculating the Iowa child and dependent child care tax credit and the early childhood development tax credit available against the individual income tax. The Iowa child and dependent care tax credit is a refundable credit calculated as a percentage of the nonrefundable federal child and dependent care tax credit, depending on the Iowa net income of the taxpayer. The early childhood development tax credit is a refundable credit equaling percent of the first $1,000 which the taxpayer has paid to others for each dependent ages three through five for early childhood development expenses. IOWA CHILD AND DEPENDENT CHILD CARE TAX CREDIT. Currently, there are seven graduated Iowa net income thresholds used to calculate the credit. The bill increases these graduated thresholds, but does not change the percentage of the nonrefundable federal child and dependent care tax credit used to calculate the Iowa child and dependent child care tax credit. Currently, the credit percentages in these seven Iowa net income thresholds range from a high of percent of the federal credit for taxpayers with net income of less than $10,000, to a low of percent of the federal credit for taxpayers with net income of $40,000 or more but less than $45,000. Under the bill, the credit percentages in the thresholds range from a high of percent of the federal credit for taxpayers with a net income of less than $12,750, to a low of percent of the federal credit for taxpayers with net income of $50,980 or more but less than $57,360. The bill also adjusts the future amount of each of the Iowa net income amounts in the seven graduated Iowa net income thresholds by indexing the thresholds to inflation. EARLY CHILDHOOD DEVELOPMENT TAX CREDIT. The bill increases the income threshold determining the eligibility of a taxpayer for the early childhood development tax credit. The bill increases the eligibility threshold from a taxpayer earning $45,000 per year to $57,360 per year. By increasing the eligibility threshold, taxpayers earning less than $57,360 are now eligible to take the early childhood development tax credit equaling percent of the first $1,000 which the taxpayer has paid to others for early childhood development expenses for each dependent ages three through five. The bill also adjusts the future amount of the net income threshold by indexing the threshold to inflation. EFFECTIVE DATE AND APPLICABILITY. The division takes effect upon enactment and applies retroactively to tax years beginning on or after January 1, 2019. DIVISION VII —— APPORTIONMENT OF CERTAIN BUSINESS INCOME OF AN AIRLINE.33(2)(a)(2) relates to the apportionment of income of an airline and of a qualified air freight forwarder for purposes of the Iowa corporate income tax. A corporation doing business both within and without Iowa is required to apportion its business income among Iowa and the other states in which it does business. The amount of business income apportioned to Iowa is generally in the same percentage as the business’s gross sales made within Iowa if the business involves the manufacture or sale of goods and products, or in the same percentage as the business’s gross receipts earned within Iowa if the business involves something other than the manufacture or sale of goods and products. However, airlines and other specified industries have special rules provided by administrative rule for apportioning the income of those industries.7(2), an airline deriving income from transportation operations is required to apportion its business income to Iowa in the same proportion that its mileage traveled in Iowa bears to its total mileage traveled everywhere.7(2). The bill also provides rules for apportioning income derived by a qualified air freight forwarder from transportation operations through an affiliated airline. The bill defines “qualified air freight forwarder” to be a taxpayer that is primarily engaged in the facilitation of the transportation of property by air, and that does not itself operate aircraft but that is in the same affiliated group as an airline. The bill states that the qualified air freight forwarder income derived from transportation operations shall be apportioned to Iowa either under the current rules of the director of revenue (current statutory rules), or in the same proportion that the miles of the qualified air freight forwarder’s affiliated airline traveled in this state bears to the total miles of the affiliated airline traveled everywhere (affiliated airline mileage rules), based on increasing percentages as enumerated in the bill over a number of tax years. The division applies to tax years beginning on or after January 1, 2020. DIVISION VIII —— BURIAL TRUSTS.7(6) by exempting from the individual income tax interest and earnings received from a burial trust fund. DIVISION IX —— ADOPTION TAX CREDIT.12A relates to claiming the adoption tax credit for qualified adoption expenses paid or incurred by an individual taxpayer during a tax year. Currently, in order to claim the adoption tax credit the taxpayer must pay or incur “qualified adoption expenses” during the tax year, which are unreimbursed, and connected with the adoption. The bill strikes the requirement that the “qualified adoption expenses” be paid or incurred by the taxpayer during the tax year. The bill specifies that if a qualified adoption expense is incurred prior to or during the tax year in which the adoption becomes final, the qualified adoption expense shall be allowed during the tax year in which the adoption becomes final. For qualified adoption expenses incurred after the tax year in which the adoption becomes final, the qualified adoption expense shall be allowed during the tax year such adoption expense was paid or incurred. The division applies retroactively to tax years beginning on or after January 1, 2019. DIVISION X —— TARGETED JOBS WITHHOLDING CREDIT.19A extends by four years the deadline for entering into withholding agreements under the targeted jobs withholding credit pilot project from June 30, 2019, to June 30, 2023. This amendment takes effect upon enactment. DIVISION XI —— SCHOOL TUITION ORGANIZATION TAX CREDITS.11S increases the total amount of school tuition organization tax credits that may be issued per tax year to $17 million from $13 million for tax years beginning on or after January 1, 2020.11S in another division of the bill. DIVISION XII —— DEDUCTING RESIDUAL FERTILIZER.7(60), which relates to deducting residual fertilizer supply in the soil for purposes of individual and corporate income taxes. The bill defines “residual fertilizer supply” to mean an asset or an improvement to land that meets all of the following requirements: the asset or improvement consists of residual fertilizer or excess available nutrients that are in the soil; the land upon which the asset or improvement is located is sold or exchanged; and following the sale or exchange of the land containing the residual fertilizer supply, an expense deduction, amortization deduction, or depreciation deduction is allowable for federal tax purposes with respect to the residual fertilizer in the hands of a taxpayer other than the seller of the land. The bill provides that for any sale or exchange of a land containing residual fertilizer supply executed on or after July 1, 2019, an expense deduction, depreciation deduction, or amortization deduction with respect to the residual fertilizer supply shall not be allowed for individual or corporate income tax purposes unless all of the following requirements are satisfied: the expense deduction, depreciation deduction, or amortization deduction is allowable to the taxpayer under the Internal Revenue Code; and the residual fertilizer supply is part of a written agreement between the seller and buyer that identifies the residual fertilizer supply and the consideration paid for the residual fertilizer supply. If a taxpayer has taken a deduction relating to residual fertilizer supply in computing federal adjusted gross income that is disallowed under the bill, the taxpayer shall make the following adjustments: add back the total amount of the deduction in computing net income for state tax purposes; reallocate the amount of the deduction to the taxpayer’s basis, if any, in the land upon which the residual fertilizer supply is located; and make any other adjustments to gains, losses, deductions, or tax basis of assets pursuant to rules adopted by the director of revenue. DIVISION XIII —— FRANCHISE TAX —— ALTERNATIVE MINIMUM TAX (AMT) REPEAL. Current law imposes an AMT on a financial institution to the extent the AMT exceeds the financial institution’s regular tax liability. The AMT is generally calculated by adding certain “preference” items (deductions, exemptions, and other adjustments) back to taxable income, applying an exemption amount, and then multiplying the resulting income amount by an AMT rate.60 repeal the AMT for the franchise tax beginning in tax year 2021. Current law also provides an alternative minimum tax credit, which allows AMT paid by a financial institution in prior tax years to be claimed against regular tax liability in future tax years if the financial institution is not subject to the AMT in that year. With the repeal of the franchise AMT in 2021, the bill allows a taxpayer to claim any remaining alternative minimum tax credit against the financial institution’s regular tax liability for the 2021 tax year, and the bill then repeals the alternative minimum tax credit beginning in tax year 2022. DIVISION XIV —— FEDERAL RESEARCH CREDIT —— INTERNAL REVENUE CODE. The Consolidated Appropriations Act of 2018 (Pub. L. 115-141), which Iowa is conformed to for tax year 2019 and beyond, struck and renumbered a provision of the federal research credit, which resulted in a renumbering of the simplified credit in the Internal Revenue Code. The amendments in the division change the Internal Revenue references in the Iowa Code to reflect the changes to the references in the Internal Revenue Code. The division applies retroactively to January 1, 2019, and applies to tax years beginning on or after that date. DIVISION XV —— RESEARCH ACTIVITIES TAX CREDIT.10(1)(a) specify that the research and activities tax credit is available against the individual income tax if an individual is engaged in agriscience or agricultural animal production, and if certain conditions are met.33(5)(e)(1) specify that a corporation engaged in agriscience or agricultural animal production shall be eligible for the research activities tax credit if certain conditions are met. The bill defines “agricultural animal production” to mean activities related to producing or maintaining an agricultural animal. The division takes effect upon enactment and applies retroactively to tax years beginning on or after January 1, 2017. DIVISION XVI —— NEW JOBS CREDIT —— FRANCHISE TAX.60 makes the new jobs tax credit under Code chapter 260E available against franchise taxes imposed on financial institutions. DIVISION XVII —— UTILITY REPLACEMENT TASK FORCE.15 extends the utility replacement tax task force from January 1, 2019, to January 1, 2029. The task force is charged with studying the effects of the replacement taxes under Code chapter 437A (taxes on electricity and natural gas providers) and Code chapter 437B (taxes on rate-regulated water utilities) on local taxing authorities, local taxing districts, consumers, and taxpayers. DIVISION XVIII —— MONEYS AND CREDITS TAX ON STATE CREDIT UNIONS.329(3). DIVISION XIX —— SALES AND USE TAX EXEMPTIONS RELATED TO MANUFACTURERS.3(47)(d)(4)(c) modifies the definition of “manufacturer” relating to the sales and use tax exemption for machinery, equipment, and other items used directly and primarily in processing by a manufacturer. The bill expands the definition of “manufacturer” by adding the word “primarily” to the exclusions of the definition of “manufacturer”, thereby allowing persons who do not primarily engage in certain activities to qualify as a “manufacturer”. DIVISION XX —— SALES AND USE TAX —— PARKING FACILITIES.2(6)(ak) specifies that the services provided by a privately owned, for-profit parking facility are subject to the sales and use tax. Currently, the services provided by any parking facility are subject to the sales and use tax. DIVISION XXI —— SALES AND USE TAX EXEMPTIONS —— MEDICAID.2(7). DIVISION XXII —— BROADCASTERS —— APPORTIONMENT OF GROSS RECEIPTS. The amendment to 2015 Iowa Acts, chapter 86, section 3, extends the retroactive applicability of the apportionment of the gross receipts of a broadcaster enacted during the 2015 legislative session in Senate File 479, from January 1, 2015, to January 1, 2013.
Cambiado después por las enmiendas S-3256, H-1311, H-1309; vea Enmiendas.
Texto completo del proyecto (en inglés) · Qué cambió antes de aprobarse1
Nota fiscal
Resumen con IA This bill makes various changes to Iowa's sales, property, and income tax laws. It is projected to increase General Fund revenue through changes to nonresident tax credits, carpentry service taxes, grain bin exemptions, and centrally assessed business taxes, while reducing revenue through like-kind exchange benefits and new thresholds for remote sellers. Additionally, extending the Targeted Jobs Withholding Credit Pilot Project is estimated to cost $5.0 million in annual withholding credits, and increasing the School Tuition Organization Tax Credit cap is expected to increase the annual award cap to $15.0 million. (en inglés)2
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Description
House File 779 makes changes to the application and administration of Iowa sales, property, and income (individual, corporate, bank franchise, and credit union) tax provisions. The Act has various applicability dates including retroactive applicability dates.
Explanation and Assumptions
Provisions with Estimated Fiscal Impacts
Refer to page 8 for the table of projected General Fund revenue change by the provisions outlined below.
Division I, Sections 9 and 12: Requires nonresident taxpayers claiming the Early Childhood Development (ECD) Tax Credit to prorate the ECD claims based on the ratio of Iowa-source income to income from all income reported on their tax returns. The change is effective beginning tax year (TY) 2019. The change is projected to increase net General Fund revenue. Assumptions used in developing the estimate include:
- The Department of Revenue (DOR) estimated the impact on nonresident taxpayers using the DOR model of all Iowa income tax returns. The model results estimate that the change will increase total tax liability by $38,000 per tax year, beginning TY 2019.
- Of the $38,000 estimated revenue increase for TY 2019, the Legislative Services Agency (LSA) estimates that 5.0% will impact FY 2019 through increased withholding and estimate payments, and 95.0% will impact FY 2020.
- Of the $38,000 estimated increase in TY 2020 and after, the LSA estimates that 17.0% will impact the fiscal year in which the tax year begins, and 83.0% will impact the next fiscal year.
Division I, Section 11: Extends the tax benefits of like-kind exchanges for Iowa corporate income and bank franchise tax purposes to include the exchange of all property, not just real property, for TY 2019. The change is projected to reduce net General Fund revenue by $0.9 million over two fiscal years. The DOR developed the estimate from an analysis prepared by the federal Joint Committee on Taxation.
Division III, Section 21: Specifies that both carpentry repair and carpentry installation are taxable services subject to Iowa sales tax.1 Current law lists the term “carpentry” as a service subject to Iowa sales tax. The change is effective July 1, 2019. The change is projected to increase sales tax revenue. The following assumptions were used to estimate the revenue increase:
- A total of $16.9 million in carpentry services will become newly subject to sales tax in FY 2019, and the total will increase 2.3% each fiscal year.
1 In this document, the term “sales tax” includes use tax where applicable.
- The State sales tax rate is 5.0%, the State sales tax rate for school infrastructure is 1.0%, and the average local option sales tax rate is 0.9%.
Division III, Section 22: Exempts grain bins and the materials used to build and repair grain bins from the sales tax. The change is effective retroactive to July 1, 2019. The following data source and assumptions were used to estimate the revenue increase:
- Iowa on-farm grain storage capacity statistics from the National Agricultural Statistics Service were used to estimate Iowa grain storage capacity, replacement rate, and replacement costs.
- Grain storage capacity in Iowa equals 2.12 billion bushels.
- New and replacement capacity equals 2.4% of each year’s existing capacity.
- The cost of new and replacement capacity is assumed to equal $2.00 per bushel of capacity, and that cost is assumed to increase 2.3% per year.
- No additional cost is assumed for maintenance and repair costs.
- The State sales tax rate is 5.0%, the State sales tax rate for school infrastructure is 1.0%, and the average local option sales tax rate is 0.9%.
Division III, Section 23: Adds supplies and replacement parts purchased for use at property that is centrally assessed to the exclusions from the existing machinery and equipment sales tax exemption. The change is retroactive to January 1, 2016. The following data sources and assumptions were used to estimate the revenue increase:
- Department of Revenue use tax returns from businesses assumed to be centrally assessed companies.
- Modern Materials Handling Magazine surveys.
- In FY 2018, centrally assessed business purchases subject to use tax totaled an estimated $352.8 million. An amount equal to 3.0% of those purchases ($10.58 million) is assumed to be impacted by this Act.
- The value of purchases made by centrally assessed businesses and impacted by the change will increase 5.0% per year.
- Without the retroactive change, an estimated $0.9 million in sales tax refunds related to this issue is expected to be paid in FY 2020.
- The State sales tax rate is 5.0%, the State sales tax rate for school infrastructure is 1.0%, and the average local option sales tax rate is 0.9%.
Division III, Sections 25 through 27: Removes the 200-sale threshold for remote sellers, marketplace facilitators, and referrers. Iowa law currently requires these types of entities, if they do not have traditional sales tax nexus in Iowa, to collect and remit sales tax if they complete at least 200 sales to Iowa customers in a year or have taxable sales to Iowa customers of at least $100,000 in a year. With this change, remote sellers will only be subject to the $100,000 threshold. The change is effective July 1, 2019. The following assumptions were used to estimate the revenue decrease:
- The DOR estimates that for FY 2020, 956 out-of-state retailers will have at least 200 Iowa transactions in a year but less than $100,000 in Iowa sales. The Department expects that number to increase by 10.0% per year for the next five years.
- The average yearly Iowa sales amount for the impacted retailers is assumed to be $18,600 in FY 2020, and that amount is assumed to increase 2.3% each year.
- The businesses impacted by the change are assumed to stop collecting and remitting tax to Iowa as a result of the change.
- The State sales tax rate is 5.0%, the State sales tax rate for school infrastructure is 1.0%, and the average local option sales tax rate is 0.9%.
Division V: Allows qualified property of competitive long-distance telephone companies to be centrally assessed by the DOR and taxed in the same manner as commercial property. The change is retroactive to July 1, 2018. Compared to the situation under current law, enactment of the changes will reduce the property tax owed by the companies for FY 2021 through FY 2023. The property tax reduction will result in decreased local government property tax revenue and an increase in the General Fund appropriation for school aid. The following assumptions were used to estimate the property tax revenue decrease and appropriation increase:
- The DOR estimates that Division V will decrease the taxed valuation of competitive long-distance telephone companies by $55.53 million in assessment year 2019 (FY 2021). The value is assumed to increase 2.3% each fiscal year.
- The FY 2019 statewide average property tax rate for utility property was $27.73 per $1,000 of taxed valuation. This rate is assumed to remain constant in future fiscal years. Of the $27.73, the school basic levy component equals $5.40.
- By action of the State school aid formula, property tax exemptions increase the General Fund appropriation to schools by $5.40 per $1,000 of exempted valuation. This causes the revenue reduction of a $27.73 property tax rate to reduce local government revenue by $22.33, as schools are reimbursed by the State General Fund for the remaining $5.40. Division VI: Extends the Targeted Jobs Withholding Credit Pilot Project, set to expire June 30, 2019, to June 30, 2021. The program offers a withholding tax credit to businesses that are located in or expand into one of the pilot project cities:
- Sioux City
- Council Bluffs
- Burlington
- Keokuk
- Fort Madison
Qualified businesses sign an agreement with the city and the Iowa Economic Development Authority. The tax credit equals 3.0% of gross wages paid to each employee covered by the agreement. The following assumptions were made to estimate the fiscal impact of this change:
- An average year’s agreements under the existing program has equaled $5.0 million in withholding credits. That level of awards is assumed for each of the four extended years.
- One-half of the annual award amount will be five-year awards, and one-half will be 10-year awards. For five-year awards, the annual tax credit will equal 16.0% of the award amount each year for five years, and 20.0% of the award will expire unused. For 10-year awards, the annual tax credit will equal 8.0% of the award amount each year for 10 years, and 20.0% of the award will expire unused.
- The impact of the extended tax credit will begin in FY 2020 and extend to FY 2032. Division VII: Increases the annual aggregate award cap for the School Tuition Organization (STO) Tax Credit from the current $13.0 million to $15.0 million, effective beginning CY 2020. The following facts, assumptions, and sources were used in developing the fiscal impact estimate for this provision:
- The tax credit is equal to 65.0% of a qualified contribution to an STO. Therefore, an increase in the STO cap of $4.0 million translates to $6.15 million in increased STO contributions.
- Contributions to STOs that earn the taxpayer a 65.0% tax credit are not allowed to also be used as an itemized deduction for Iowa tax purposes. Some taxpayers making qualified contributions to STOs may make that contribution instead of a contribution to another charity or organization that would earn the taxpayer an itemized deduction. It is assumed that 50.0% of the additional $6.15 million displaces contributions that would earn the taxpayer a usable itemized deduction. The average marginal State income tax rate for taxpayers utilizing itemized deductions is assumed to be 6.9% through TY 2022 and 6.5% for TY 2023 and after. This calculation will offset the annual tax credit cost by $0.2 million.
- School Tuition Organization Tax Credits are not refundable or transferable, but unused credits may be carried forward for up to five additional tax years. Based on historical STO Tax Credit claims, 94.0% of awarded credits are redeemed and 6.0% expire unredeemed. The assumed redemption pattern is:
- Year 1 = 60.0% of the amount awarded
- Year 2 = 20.0%
- Year 3 = 8.0%
- Years 4 through 6 = 2.0% per year
- The STO credit is not refundable, so it impacts the calculation of the local option income surtax for schools. The impact on the surtax is assumed to be an amount equal to 2.9% of the General Fund impact.
- The LSA estimates that 10.0% of each tax year’s tax reduction will impact the fiscal year in which the tax year begins, and 90.0% will impact the next fiscal year. Division VIII: Reestablishes the individual income tax checkoffs for the Iowa State Fair Foundation Fund and the joint Veterans Trust Fund and Volunteer Fire Fighter Preparedness Fund. The changes are effective for tax years (TY) 2019 and 2020.
A checkoff allows a taxpayer who files an Iowa individual income tax return to designate a dollar amount to be contributed to a specific fund.
For TY 2018, the following four checkoffs were included on the form:
- Iowa State Fair Foundation Fund
- Fish and Game Protection Fund
- Child Abuse Prevention Program Fund
- Joint Veterans Trust Fund and Volunteer Fire Fighter Preparedness Fund Iowa Code section 422.12E provides that when the same four income tax checkoffs have been on the tax return for two consecutive tax years, the two checkoffs with the least amount of contributions over a specified time period are repealed. The Iowa State Fair Foundation Fund and the joint Veterans Trust Fund and Volunteer Fire Fighter Preparedness Fund received the lowest contributed amounts over the latest specified period, so both were repealed by operation of law. The following table shows the average annual tax checkoff contribution amounts for the last 10 tax years (TY 2008 through TY 2017) and the last two tax years. The tax checkoffs available on an Iowa individual income tax return are voluntary contributions, and any contribution made represents money donated by the taxpayer and not money diverted from the State General Fund. Reestablishing the two repealed checkoffs will give Iowa taxpayers the opportunity to donate to the two programs through the tax return process for TY 2019 and TY 2020. Annual contributions to the two checkoffs average about $65,000 each. Division X: Expands the existing sales tax exemption for manufacturers by adding the word “primarily” to the definition of “manufacturer.” This change will allow companies that are primarily manufacturers, but also engage in activities that are not manufacturing, to benefit from the sales tax exemption for manufacturers. The change is effective retroactive to May 30, 2018. Changes that narrowed the definition of “manufacturer” for the purpose of the sales/use tax exemption have been in place for less than one year, so insufficient information exists to measure the impact of the changes on differing manufacturing business situations. It is likely that the narrowing of the definition to exclude companies that engage in manufacturing and also engage in nonmanufacturing activities has impacted the sales tax exemption for some businesses. This assumed likelihood means that the fiscal impact of this provision is not zero. Assumptions used to estimate the fiscal impact of the provision include:
- The March Revenue Estimating Conference estimate for FY 2020 State General Fund sales tax net revenue (gross tax receipts minus tax refunds and the transfer to school infrastructure finance) is $2.497 billion. This amount is assumed to increase 2.3% per year.
- The Act will result in an assumed annual reduction in sales tax net revenue of 0.007%. Division XIV: Eliminates the Iowa bank franchise alternative minimum tax. The change is effective January 1, 2021 (TY 2021). A related credit for alternative minimum taxes paid is eliminated for TY 2022 and after. Assumptions used to estimate the fiscal impact of the provision include:
- Financial institution tax return information is based on TY 2016 and TY 2017 (the two most recent available tax years). For both years, approximately 2.0% of financial institutions paid the bank franchise alternative minimum tax. Based on the average of the two years, the DOR estimates that eliminating the bank franchise alternative minimum tax will reduce tax liability by 4.6% for TY 2021 and by 2.1% for TY 2022 and each year thereafter.
- The tax liability reduction estimates are applied to the March 2019 Revenue Estimating Conference estimates for bank franchise tax revenue ($41.3 million for FY 2019 and $50.1 million for FY 2020, with revenue levels beyond FY 2020 assumed to increase 2.6% per year).
- Shareholders of financial institutions organized as S corporations of LLCs are allowed to claim an income tax credit for Iowa franchise taxes paid. Based on historical tax return data for financial institution shareholders, it is assumed that 50.0% of the decreased tax liability will result in decreased income tax credits for franchise taxes paid.
- Banks are required to remit bank franchise tax as quarterly estimate payments. The LSA estimates that 50.0% of each tax year’s tax reduction will impact the fiscal year in which the tax year begins, and 50.0% will impact the next fiscal year.
Division XV: Reenacts the Geothermal Heat Pump Tax Credit. This credit was repealed in SF 2417 (2018 Tax Modifications Act). The credit is equal to 20.0% of a similar federal tax credit. That federal tax credit is currently equal to 30.0% of installation costs, so that makes the Iowa credit equal to 6.0% of installation costs. The federal tax credit is repealed December 31, 2021. With the impending federal repeal, the reenacted tax credit will allow Iowa installations to earn a credit for three years (CY 2019 through CY 2021). The Act places a maximum annual cumulative tax credit claim limit for the Iowa credit of $1.0 million. Any claims in excess of that amount for a calendar year are waitlisted and eligible to claim credits in the next year.
- Based on credit demand for the previous Iowa credit, it is assumed that installation costs will total $35.0 million per year for the three years. Upcoming reductions in the federal tax credit rate to 26.0% for CY 2020 and 22.0% for CY 2021 mean that the Iowa rate will be 5.2% in CY 2020 and 4.4% in CY 2021. Based on the assumed value of installations and the Iowa tax credit percentage, the amount of annual credits earned from Iowa installations will equal:
- CY 2019 = $2.10 million
- CY 2020 = $1.82 million
- CY 2021 = $1.54 million
- The Act limits annual credit claims to $1.0 million. The assumed level of credits earned is $5.46 million. This means that a waitlist will develop, and tax credit redemption will occur over at least six tax years (TY 2019 through TY 2024).
Provisions with Minor or No Estimated Fiscal Impact Division I, Sections 1 through 3: Clarifies Iowa tax provisions related to the Qualified Business Income (QBI) deduction for TY 2019. The changes will allow for easier administration of the QBI income tax provisions.
Division I, Section 4: Specifies that the membership of a board of directors of an STO may exceed seven in number.
Division I, Sections 5 through 8 and 13: Clarifies that the STO Tax Credit annual limit is a calendar year limit.
Division I, Section 10: Updates Internal Revenue Code reference language related to the bank franchise alternative minimum tax.
Division II: Allows simplified disclosure of tax information to a person authorized by the taxpayer to receive the taxpayer’s information.
Division III, Section 19: Changes the term “entity” to “person” as it relates to the term “affiliate” as it applies to the duty to collect and remit sales tax. The DOR reports that this change is for clarity and the language will aid in tax administration and enforcement. Division III, Sections 20 and 24: Makes the entire purchase price of a software maintenance service or warranty contract subject to sales/use tax if the service portion of the contract price is not separately listed. Under current law, this situation would result in one-half of the contract price being subject to sales tax. The change also makes the purchase exempt from sales tax if the purchaser is a commercial enterprise. Together, the changes mean that only purchases made by entities that do not qualify as a commercial enterprise will be subject to tax. The DOR indicates that the overall impact of the changes will be slightly positive. Division III, Sections 28 and 29: Allows certain sales/use tax reports required of a referrer (online sales) to be filed on an annual, rather than monthly, basis, and requires the DOR to implement certain sales/use tax referrer requirements by administrative rule. Division III, Section 30: Strikes a provision that automatically registers with Iowa any retailer that registers in any state that is part of the Streamlined Sales Tax Agreement. Division III, Section 31: Establishes a Taxation and Exemption of Computers Task Force to review the definition of “computer” as it relates to the existing sales tax exemption for computers. The DOR is directed to provide any recommendations of the Task Force to the General Assembly by January 1, 2020. The only fiscal impact of the provision would be the administrative costs to the DOR.
Division IV: Clarifies the application and collection of the automobile rental excise tax. Division IX: Adds the examination and audit of all taxes collected or administered by the DOR to the powers and duties of the Director of the DOR.
Division XI: Expands the list of industries eligible to claim the Research Activities Credit (RAC) to include agriscience. The change is effective retroactive to January 1, 2017 (TY 2017). Under current law, and effective TY 2017, eligible industries must meet the following two requirements to be eligible for the Iowa RAC:
- Claim and be allowed the Federal Research Credit for the Iowa research claimed.
- Be engaged in one of the following industries:
- Manufacturing
- Life sciences
- Software engineering
- Aviation and aerospace
Agriscience is interpreted by the DOR to be a life science industry and currently eligible for the
- Final Fiscal Note – Tax Code Changes · 17 de junio de 2019
- Tax Code Changes · 26 de abril de 2019
- Tax Code Changes · 25 de abril de 2019
- Tax Code Changes · 24 de abril de 2019
Lo que cambia del Código de Iowa (Iowa Code)
Modifica§15.335§403.19A§422.10§422.11S§422.12A§422.12C§422.20§422.33§422.35§422.4§422.60§422.7§422.72§422.9§423.14A§423.2§423.3§423.48§423C.2§423C.3§437A.15§476.1D§533.329
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