Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009



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106 26 and if the owner or landlord of the property or premises has

106 27 made a written request for notice, the notice shall also be

106 28 given to the owner or landlord.

106 29 Sec. 132. Section 384.84, subsection 3, paragraph c, Code

106 30 2009, is amended to read as follows:

106 31 c. A lien for a city utility or enterprise service under

106 32 paragraph "a" shall not be certified to the county treasurer

106 33 for collection unless prior written notice of intent to

106 34 certify a lien is given to the account holder in whose name

106 35 the delinquent rates or charges were incurred at least thirty


Senate File 449 - Introduced continued
107 1 days prior to certification. If the account holder is a

107 2 tenant, and if the owner or landlord of the property or



107 3 premises has made a written request for notice, the notice

107 4 shall also be given to the owner or landlord. The notice

107 5 shall be sent to the appropriate persons by ordinary mail not

107 6 less than thirty days prior to certification of the lien to

107 7 the county treasurer.

107 8 Sec. 133. Section 414.19, Code 2009, is amended to read as

107 9 follows:

107 10 414.19 PREFERENCE IN TRIAL.

107 11 All issues in any proceedings under the foregoing sections

107 12 414.15 through 414.18 shall have preference over all other

107 13 civil actions and proceedings.

107 14 Sec. 134. Section 421B.3, subsection 3, paragraph b, Code

107 15 2009, is amended to read as follows:

107 16 b. Each day the a violation occurs counts as a new

107 17 violation for purposes of this subsection.

107 18 Sec. 135. Section 422.5, Code 2009, is amended to read as

107 19 follows:

107 20 422.5 TAX IMPOSED == EXCLUSIONS == ALTERNATIVE MINIMUM

107 21 TAX.

107 22 1. A tax is imposed upon every resident and nonresident of

107 23 the state which tax shall be levied, collected, and paid

107 24 annually upon and with respect to the entire taxable income as

107 25 defined in this division at rates as follows:

107 26 a. On all taxable income from zero through one thousand

107 27 dollars, thirty=six hundredths of one percent.

107 28 b. On all taxable income exceeding one thousand dollars

107 29 but not exceeding two thousand dollars, seventy=two hundredths

107 30 of one percent.

107 31 c. On all taxable income exceeding two thousand dollars

107 32 but not exceeding four thousand dollars, two and forty=three

107 33 hundredths percent.

107 34 d. On all taxable income exceeding four thousand dollars

107 35 but not exceeding nine thousand dollars, four and one=half
Senate File 449 - Introduced continued
108 1 percent.

108 2 e. On all taxable income exceeding nine thousand dollars

108 3 but not exceeding fifteen thousand dollars, six and twelve

108 4 hundredths percent.

108 5 f. On all taxable income exceeding fifteen thousand

108 6 dollars but not exceeding twenty thousand dollars, six and

108 7 forty=eight hundredths percent.

108 8 g. On all taxable income exceeding twenty thousand dollars

108 9 but not exceeding thirty thousand dollars, six and

108 10 eight=tenths percent.

108 11 h. On all taxable income exceeding thirty thousand dollars

108 12 but not exceeding forty=five thousand dollars, seven and

108 13 ninety=two hundredths percent.

108 14 i. On all taxable income exceeding forty=five thousand

108 15 dollars, eight and ninety=eight hundredths percent.

108 16 j. (1) The tax imposed upon the taxable income of a

108 17 nonresident shall be computed by reducing the amount

108 18 determined pursuant to paragraphs "a" through "i" by the

108 19 amounts of nonrefundable credits under this division and by

108 20 multiplying this resulting amount by a fraction of which the

108 21 nonresident's net income allocated to Iowa, as determined in

108 22 section 422.8, subsection 2, paragraph "a", is the numerator

108 23 and the nonresident's total net income computed under section

108 24 422.7 is the denominator. This provision also applies to

108 25 individuals who are residents of Iowa for less than the entire

108 26 tax year.

108 27 (2) (a) The tax imposed upon the taxable income of a

108 28 resident shareholder in an S corporation which has in effect

108 29 for the tax year an election under subchapter S of the

108 30 Internal Revenue Code and carries on business within and

108 31 without the state may be computed by reducing the amount

108 32 determined pursuant to paragraphs "a" through "i" by the

108 33 amounts of nonrefundable credits under this division and by

108 34 multiplying this resulting amount by a fraction of which the

108 35 resident's net income allocated to Iowa, as determined in
Senate File 449 - Introduced continued
109 1 section 422.8, subsection 2, paragraph "b", is the numerator

109 2 and the resident's total net income computed under section

109 3 422.7 is the denominator. If a resident shareholder has

109 4 elected to take advantage of this subparagraph (2), and for

109 5 the next tax year elects not to take advantage of this

109 6 subparagraph, the resident shareholder shall not reelect to

109 7 take advantage of this subparagraph for the three tax years

109 8 immediately following the first tax year for which the

109 9 shareholder elected not to take advantage of this

109 10 subparagraph, unless the director consents to the reelection.

109 11 This subparagraph also applies to individuals who are

109 12 residents of Iowa for less than the entire tax year.

109 13 (b) This subparagraph (2) shall not affect the amount of

109 14 the taxpayer's checkoffs under this division, the credits from

109 15 tax provided under this division, and the allocation of these

109 16 credits between spouses if the taxpayers filed separate

109 17 returns or separately on combined returns.

109 18 k. 2. a. There is imposed upon every resident and

109 19 nonresident of this state, including estates and trusts, the

109 20 greater of the tax determined in subsection 1, paragraphs "a"

109 21 through "j", or the state alternative minimum tax equal to

109 22 seventy=five percent of the maximum state individual income

109 23 tax rate for the tax year, rounded to the nearest one=tenth of

109 24 one percent, of the state alternative minimum taxable income

109 25 of the taxpayer as computed under this paragraph subsection.

109 26 b. The state alternative minimum taxable income of a

109 27 taxpayer is equal to the taxpayer's state taxable income, as

109 28 computed with the deductions in section 422.9, with the

109 29 following adjustments:

109 30 (1) Add items of tax preference included in federal

109 31 alternative minimum taxable income under section 57, except

109 32 subsections (a)(1), (a)(2), and (a)(5), of the Internal

109 33 Revenue Code, make the adjustments included in federal

109 34 alternative minimum taxable income under section 56, except

109 35 subsections (a)(4), (b)(1)(C)(iii), and (d), of the Internal
Senate File 449 - Introduced continued
110 1 Revenue Code, and add losses as required by section 58 of the

110 2 Internal Revenue Code. To the extent that any preference or

110 3 adjustment is determined by an individual's federal adjusted

110 4 gross income, the individual's federal adjusted gross income

110 5 is computed in accordance with section 422.7, subsection 39.

110 6 In the case of an estate or trust, the items of tax

110 7 preference, adjustments, and losses shall be apportioned

110 8 between the estate or trust and the beneficiaries in

110 9 accordance with rules prescribed by the director.

110 10 (2) Subtract the applicable exemption amount as follows:

110 11 (a) Seventeen thousand five hundred dollars for a married

110 12 person who files separately or for an estate or trust.

110 13 (b) Twenty=six thousand dollars for a single person or a

110 14 head of household.

110 15 (c) Thirty=five thousand dollars for a married couple

110 16 which files a joint return.

110 17 (d) The exemption amount shall be reduced, but not below

110 18 zero, by an amount equal to twenty=five percent of the amount

110 19 by which the alternative minimum taxable income of the

110 20 taxpayer, computed without regard to the exemption amount in

110 21 this subparagraph (2), exceeds the following:

110 22 (i) Seventy=five thousand dollars in the case of a

110 23 taxpayer described in subparagraph subdivision division (a).

110 24 (ii) One hundred twelve thousand five hundred dollars in

110 25 the case of a taxpayer described in subparagraph subdivision

110 26 division (b).

110 27 (iii) One hundred fifty thousand dollars in the case of a

110 28 taxpayer described in subparagraph subdivision division (c).

110 29 (3) In the case of a net operating loss computed for a tax

110 30 year beginning after December 31, 1982, which is carried back

110 31 or carried forward to the current taxable year, the net

110 32 operating loss shall be reduced by the amount of the items of

110 33 tax preference arising in such year which was taken into

110 34 account in computing the net operating loss in section 422.9,

110 35 subsection 3. The deduction for a net operating loss for a
Senate File 449 - Introduced continued
111 1 tax year beginning after December 31, 1986, which is carried

111 2 back or carried forward to the current taxable year shall not

111 3 exceed ninety percent of the alternative minimum taxable

111 4 income determined without regard for the net operating loss

111 5 deduction.

111 6 c. The state alternative minimum tax of a taxpayer whose

111 7 net capital gain deduction includes the gain or loss from the

111 8 forfeiture of an installment real estate contract, the

111 9 transfer of real or personal property securing a debt to a

111 10 creditor in cancellation of that debt, or from the sale or

111 11 exchange of property as a result of actual notice of

111 12 foreclosure, where the fair market value of the taxpayer's

111 13 assets exceeds the taxpayer's liabilities immediately before

111 14 such forfeiture, transfer, or sale or exchange, shall not be

111 15 greater than such excess, including any asset transferred

111 16 within one hundred twenty days prior to such forfeiture,

111 17 transfer, or sale or exchange.

111 18 d. In the case of a resident, including a resident estate

111 19 or trust, the state's apportioned share of the state

111 20 alternative minimum tax is one hundred percent of the state

111 21 alternative minimum tax computed in this subsection 2. In the

111 22 case of a resident or part=year resident shareholder in an S

111 23 corporation which has in effect for the tax year an election

111 24 under subchapter S of the Internal Revenue Code and carries on

111 25 business within and without the state, a nonresident,

111 26 including a nonresident estate or trust, or an individual,

111 27 estate, or trust that is domiciled in the state for less than

111 28 the entire tax year, the state's apportioned share of the

111 29 state alternative minimum tax is the amount of tax computed

111 30 under this subsection 2, reduced by the applicable credits in

111 31 sections 422.10 through 422.12 and this result multiplied by a

111 32 fraction with a numerator of the sum of state net income

111 33 allocated to Iowa as determined in section 422.8, subsection

111 34 2, paragraph "a" or "b" as applicable, plus tax preference

111 35 items, adjustments, and losses under subparagraph (1)
Senate File 449 - Introduced continued
112 1 attributable to Iowa and with a denominator of the sum of

112 2 total net income computed under section 422.7 plus all tax

112 3 preference items, adjustments, and losses under subparagraph

112 4 (1). In computing this fraction, those items excludable under

112 5 subparagraph (1) shall not be used in computing the tax

112 6 preference items. Married taxpayers electing to file separate

112 7 returns or separately on a combined return must allocate the

112 8 minimum tax computed in this subsection in the proportion that

112 9 each spouse's respective preference items, adjustments, and

112 10 losses under subparagraph (1) bear to the combined preference

112 11 items, adjustments, and losses under subparagraph (1) of both

112 12 spouses.

112 13 2. 3. a. However, the The tax shall not be imposed on a

112 14 resident or nonresident whose net income, as defined in

112 15 section 422.7, is thirteen thousand five hundred dollars or

112 16 less in the case of married persons filing jointly or filing

112 17 separately on a combined return, heads of household, and

112 18 surviving spouses or nine thousand dollars or less in the case

112 19 of all other persons; but in the event that the payment of tax

112 20 under this division would reduce the net income to less than

112 21 thirteen thousand five hundred dollars or nine thousand

112 22 dollars as applicable, then the tax shall be reduced to that

112 23 amount which would result in allowing the taxpayer to retain a

112 24 net income of thirteen thousand five hundred dollars or nine

112 25 thousand dollars as applicable. The preceding sentence does

112 26 not apply to estates or trusts. For the purpose of this

112 27 subsection, the entire net income, including any part of the

112 28 net income not allocated to Iowa, shall be taken into account.

112 29 For purposes of this subsection, net income includes all

112 30 amounts of pensions or other retirement income received from

112 31 any source which is not taxable under this division as a

112 32 result of the government pension exclusions in section 422.7,

112 33 or any other state law. If the combined net income of a

112 34 husband and wife exceeds thirteen thousand five hundred

112 35 dollars, neither of them shall receive the benefit of this

Senate File 449 - Introduced continued
113 1 subsection, and it is immaterial whether they file a joint

113 2 return or separate returns. However, if a husband and wife

113 3 file separate returns and have a combined net income of

113 4 thirteen thousand five hundred dollars or less, neither spouse

113 5 shall receive the benefit of this paragraph, if one spouse has

113 6 a net operating loss and elects to carry back or carry forward

113 7 the loss as provided in section 422.9, subsection 3. A person

113 8 who is claimed as a dependent by another person as defined in

113 9 section 422.12 shall not receive the benefit of this

113 10 subsection if the person claiming the dependent has net income

113 11 exceeding thirteen thousand five hundred dollars or nine

113 12 thousand dollars as applicable or the person claiming the

113 13 dependent and the person's spouse have combined net income

113 14 exceeding thirteen thousand five hundred dollars or nine

113 15 thousand dollars as applicable.

113 16 b. In addition lieu of the computation in subsection 1, 2,


113 17 or 3, if the married persons', filing jointly or filing

113 18 separately on a combined return, head of household's, or

113 19 surviving spouse's net income exceeds thirteen thousand five

113 20 hundred dollars, the regular tax imposed under this division

113 21 shall be the lesser of the maximum state individual income tax

113 22 rate times the portion of the net income in excess of thirteen

113 23 thousand five hundred dollars or the regular tax liability

113 24 computed without regard to this sentence. Taxpayers electing

113 25 to file separately shall compute the alternate tax described

113 26 in this paragraph using the total net income of the husband

113 27 and wife. The alternate tax described in this paragraph does

113 28 not apply if one spouse elects to carry back or carry forward

113 29 the loss as provided in section 422.9, subsection 3.

113 30 2A. 3A. Reserved.

113 31 2B. 3B. a. However, the The tax shall not be imposed on

113 32 a resident or nonresident who is at least sixty=five years old

113 33 on December 31 of the tax year and whose net income, as

113 34 defined in section 422.7, is thirty=two thousand dollars or

113 35 less in the case of married persons filing jointly or filing
Senate File 449 - Introduced continued
114 1 separately on a combined return, heads of household, and

114 2 surviving spouses or twenty=four thousand dollars or less in

114 3 the case of all other persons; but in the event that the

114 4 payment of tax under this division would reduce the net income

114 5 to less than thirty=two thousand dollars or twenty=four

114 6 thousand dollars as applicable, then the tax shall be reduced

114 7 to that amount which would result in allowing the taxpayer to

114 8 retain a net income of thirty=two thousand dollars or

114 9 twenty=four thousand dollars as applicable. The preceding

114 10 sentence does not apply to estates or trusts. For the purpose

114 11 of this subsection, the entire net income, including any part

114 12 of the net income not allocated to Iowa, shall be taken into

114 13 account. For purposes of this subsection, net income includes

114 14 all amounts of pensions or other retirement income received

114 15 from any source which is not taxable under this division as a

114 16 result of the government pension exclusions in section 422.7,

114 17 or any other state law. If the combined net income of a

114 18 husband and wife exceeds thirty=two thousand dollars, neither

114 19 of them shall receive the benefit of this subsection, and it

114 20 is immaterial whether they file a joint return or separate

114 21 returns. However, if a husband and wife file separate returns

114 22 and have a combined net income of thirty=two thousand dollars

114 23 or less, neither spouse shall receive the benefit of this

114 24 paragraph, if one spouse has a net operating loss and elects

114 25 to carry back or carry forward the loss as provided in section

114 26 422.9, subsection 3. A person who is claimed as a dependent

114 27 by another person as defined in section 422.12 shall not

114 28 receive the benefit of this subsection if the person claiming

114 29 the dependent has net income exceeding thirty=two thousand

114 30 dollars or twenty=four thousand dollars as applicable or the

114 31 person claiming the dependent and the person's spouse have

114 32 combined net income exceeding thirty=two thousand dollars or

114 33 twenty=four thousand dollars as applicable.

114 34 b. In addition lieu of the computation in subsection 1, 2,



114 35 or 3, if the married persons', filing jointly or filing
Senate File 449 - Introduced continued
115 1 separately on a combined return, head of household's, or

115 2 surviving spouse's net income exceeds thirty=two thousand

115 3 dollars, the regular tax imposed under this division shall be

115 4 the lesser of the maximum state individual income tax rate

115 5 times the portion of the net income in excess of thirty=two

115 6 thousand dollars or the regular tax liability computed without

115 7 regard to this sentence. Taxpayers electing to file

115 8 separately shall compute the alternate tax described in this

115 9 paragraph using the total net income of the husband and wife.

115 10 The alternate tax described in this paragraph does not apply

115 11 if one spouse elects to carry back or carry forward the loss

115 12 as provided in section 422.9, subsection 3.

115 13 c. This subsection applies even though one spouse has not

115 14 attained the age of sixty=five, if the other spouse is at

115 15 least sixty=five at the end of the tax year.

115 16 3. 4. The tax herein levied shall be computed and

115 17 collected as hereinafter provided.

115 18 4. 5. The provisions of this division shall apply to all

115 19 salaries received by federal officials or employees of the

115 20 United States government as provided for herein.

115 21 5. 6. Upon determination of the latest cumulative

115 22 inflation factor, the director shall multiply each dollar

115 23 amount set forth in subsection 1, paragraphs "a" through "i"

115 24 of this section by this cumulative inflation factor, shall

115 25 round off the resulting product to the nearest one dollar, and

115 26 shall incorporate the result into the income tax forms and

115 27 instructions for each tax year.

115 28 6. 7. The state income tax of a taxpayer whose net income

115 29 includes the gain or loss from the forfeiture of an

115 30 installment real estate contract, the transfer of real or

115 31 personal property securing a debt to a creditor in

115 32 cancellation of that debt, or from the sale or exchange of

115 33 property as a result of actual notice of foreclosure where the

115 34 fair market value of the taxpayer's assets exceeds the

115 35 taxpayer's liabilities immediately before such forfeiture,
Senate File 449 - Introduced continued
116 1 transfer, or sale or exchange shall not be greater than such

116 2 excess, including any asset transferred within one hundred

116 3 twenty days prior to such forfeiture, transfer, or sale or

116 4 exchange. For purposes of this subsection, in the case of

116 5 married taxpayers, except in the case of a husband and wife

116 6 who live apart at all times during the tax year, the assets

116 7 and liabilities of both spouses shall be considered in

116 8 determining if the fair market value of the taxpayer's assets

116 9 exceed the taxpayer's liabilities.

116 10 7. 8. In addition to the other taxes imposed by this

116 11 section, a tax is imposed on the amount of a lump sum

116 12 distribution for which the taxpayer has elected under section




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