Bills › 89th General Assembly
Providing businesses with income, franchise, moneys and credits, and gross premiums tax credits for providing child care benefits to employees of the business, and including applicability date provisions
Sponsored by the House Ways and Means Committee
Topics:Jobs & workersTaxesChild careTax credits & incentives
Where it is now
- Done: IntroducedJanuary 12, 2021
- Done: SubcommitteeJanuary 13, 2021
- Done: House committeeFebruary 2, 2021
- Done: Passes the HouseFebruary 10, 202188–6
- Stopped: Senate committeeDied when the General Assembly ended
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2022 session adjourned on May 24, 2022, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
This bill provides businesses with income, franchise, moneys and credits, and gross premiums tax credits for providing child care benefits to employees of the business. The amount of the credit equals the amount of the federal employer-provided child care tax credit provided in section 45F of the Internal Revenue Code the taxpayer was eligible for in the same tax year. The federal employer-provided child care tax credit is a credit related in part to the acquisition, construction, rehabilitation, or expansion of property used as part of a child care facility. The amount of the credit shall not exceed $150,000 in any tax year. The credit is nonrefundable but any excess may be carried forward for up to five tax years. The bill applies to tax years beginning on or after January 1, 2022.
Senate subcommittee
Named February 16, 2021. It hasn’t reported yet.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Fiscal note
Less revenue: up to $800,000 Compare with other bills
AI summary This bill creates a new tax credit for businesses that provide specific child care benefits to their employees. The credit is estimated to reduce net General Fund revenue by $40,000 in fiscal year 2022, $800,000 in fiscal year 2023, and $740,000 in fiscal year 2024. These revenue reductions are projected to continue in future fiscal years and increase at the rate of inflation.2
Read the fiscal note
Description
House File 370 creates a new Employer Child Care Tax Credit effective beginning tax year (TY) 2022. The credit is available to be used against bank franchise tax, income tax, insurance premium tax, and credit union moneys and credits tax. The credit is earned by a business that provides specified child care benefits to its employees. The credit is equal to the amount of the federal Employer-Provided Child Care Facilities and Services Tax Credit for which the business is eligible in the same tax year. The tax credit is not refundable, but unused credits may be carried forward for up to five additional tax years.
Background
A federal credit is available through federal Internal Revenue Service Form 8882. The credit is equal to 25.0% of the qualified child care expenditures and 10.0% of the qualified child care resource and referral expenditures of the business. The federal credit is limited to a maximum of $150,000 per tax year per business. Under the provisions of the federal credit:
- The term “qualified child care expenditure” means any amount (up to fair market value) paid or incurred:
- To acquire, construct, rehabilitate, or expand property which is to be used as part of a qualified child care facility of the taxpayer and does not constitute part of the principal residence of the taxpayer or any employee of the taxpayer.
- For the operating costs of a qualified child care facility of the taxpayer, including costs related to the training of employees, to scholarship programs, and to the providing of increased compensation to employees with higher levels of child care training.
- Under a contract with a qualified child care facility to provide child care services to employees of the taxpayer.
- The term “qualified child care resource and referral expenditure” means any amount paid or incurred under a contract to provide child care resource and referral services to an employee of the taxpayer.
- The term “qualified child care facility” means a facility that is principally used to provide child care assistance and that meets the requirements of all applicable laws and regulations of the state or local government in which it is located, including the licensing of the facility as a child care facility. A facility shall not be treated as a qualified child care facility unless enrollment in the facility is open to employees of the taxpayer during the tax year. If the facility is the principal trade or business of the taxpayer, at least 30.0% of the enrollees of such facility must be dependents of employees of the taxpayer, and the use of the facility must not discriminate in favor of employees of the taxpayer who are highly compensated employees as defined under federal law.
- The federal credit is subject to potential recapture in a future tax year if the qualified child care facility is not operated as such for at least 10 years.
- The federal credit prohibits the taxpayer from also claiming the qualified expenditures as a business deduction.
Assumptions
- The current federal tax credit has received very limited use.
- Based on electronic tax returns filed by Iowa businesses for TY 2014 through TY 2018, the Department of Revenue estimates that 10 C corporations and 40 pass-through businesses (LLCs, subchapter S corporations, and partnerships) utilize the federal credit each year. The average federal tax credit for TY 2018 was $26,000 for a C corporation and $18,000 for a pass-through business. It is assumed that these 50 entities will claim the new State credit beginning with TY 2021.
- The new State tax credit will effectively double the tax credit value to businesses willing and able to provide child care benefits to employees. This has the potential to increase the participation in the federal credit program. The number and size of businesses that may decide to take advantage of this new tax credit is not known. For this estimate, it is assumed that an additional 20 businesses will begin to utilize the credit starting TY 2022.
- For C corporations, the impact of a tax year’s tax credit redemptions will occur 25.0% in the fiscal year of the tax year and 75.0% in the following fiscal year.
- For pass-through businesses, the impact of a tax year’s tax credit redemptions will occur 100.0% in the following fiscal year.
- The average tax credits claimed will increase each year by 1.6% due to inflation.
- The value of the benefit received by the employee may be taxable income. The State individual income tax revenue that would result from such a situation is not factored into this estimate.
Fiscal Impact
The new Employer Child Care Tax Credit created in the Bill is projected to reduce net General Fund revenue by the following amounts:
- FY 2022 = $40,000
- FY 2023 = $800,000
- FY 2024 = $740,000
The General Fund revenue reduction is projected to continue in future fiscal years, increasing by the rate of inflation.
Source
- Department of Revenue
- Employer-Provided Child Care Facilities and Services, Tax Credit · February 8, 2021 · $800,000
Iowa Code it changes
Lobbying
19 for · 0 against · 23 undecided · Who →
Family tree
Earlier and later bills are matched by wording or an identical title.
Tried before
This idea has been filed in an earlier General Assembly. None got through a chamber.
- HF 2083 Providing businesses with income, franchise, moneys and credits, and gross premiums tax cr…88th General Assembly · Approved by committee · same titleCleared committee
- HF 2594 Providing businesses with income, franchise, moneys and credits, and gross premiums tax cr…88th General Assembly · In committee · same titleCleared committee
Matched by wording or an identical title.