Bill Text: IA SF303 | 2013-2014 | 85th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to veterans, military service members, and certain survivor beneficiaries and including effective date and retroactive applicability provisions. (Formerly SSB 1158.) Various effective dates; see section 8 of bill.

Spectrum: Committee Bill

Status: (Passed) 2014-05-26 - Signed by Governor. S.J. 929. [SF303 Detail]

Download: Iowa-2013-SF303-Amended.html
Senate File 303 - Reprinted SENATE FILE 303 BY COMMITTEE ON VETERANS AFFAIRS (SUCCESSOR TO SSB 1158) (As Amended and Passed by the Senate January 27, 2014 ) A BILL FOR An Act exempting federal retirement pay received for military 1 service from the state individual income tax and including 2 retroactive applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 SF 303 (2) 85 mm/sc/jh
S.F. 303 Section 1. Section 422.5, subsection 3, paragraph a, Code 1 2014, is amended to read as follows: 2 a. The tax shall not be imposed on a resident or nonresident 3 whose net income, as defined in section 422.7 , is thirteen 4 thousand five hundred dollars or less in the case of married 5 persons filing jointly or filing separately on a combined 6 return, heads of household, and surviving spouses or nine 7 thousand dollars or less in the case of all other persons; 8 but in the event that the payment of tax under this division 9 would reduce the net income to less than thirteen thousand five 10 hundred dollars or nine thousand dollars as applicable, then 11 the tax shall be reduced to that amount which would result 12 in allowing the taxpayer to retain a net income of thirteen 13 thousand five hundred dollars or nine thousand dollars as 14 applicable. The preceding sentence does not apply to estates 15 or trusts. For the purpose of this subsection , the entire net 16 income, including any part of the net income not allocated 17 to Iowa, shall be taken into account. For purposes of this 18 subsection , net income includes all amounts of pensions or 19 other retirement income , except for military retirement pay 20 excluded under section 422.7, subsection 31A, paragraph “a” , 21 received from any source which is not taxable under this 22 division as a result of the government pension exclusions in 23 section 422.7 , or any other state law. If the combined net 24 income of a husband and wife exceeds thirteen thousand five 25 hundred dollars, neither of them shall receive the benefit 26 of this subsection , and it is immaterial whether they file a 27 joint return or separate returns. However, if a husband and 28 wife file separate returns and have a combined net income of 29 thirteen thousand five hundred dollars or less, neither spouse 30 shall receive the benefit of this paragraph, if one spouse has 31 a net operating loss and elects to carry back or carry forward 32 the loss as provided in section 422.9, subsection 3 . A person 33 who is claimed as a dependent by another person as defined in 34 section 422.12 shall not receive the benefit of this subsection 35 -1- SF 303 (2) 85 mm/sc/jh 1/ 3
S.F. 303 if the person claiming the dependent has net income exceeding 1 thirteen thousand five hundred dollars or nine thousand dollars 2 as applicable or the person claiming the dependent and the 3 person’s spouse have combined net income exceeding thirteen 4 thousand five hundred dollars or nine thousand dollars as 5 applicable. 6 Sec. 2. Section 422.5, subsection 3B, paragraph a, Code 7 2014, is amended to read as follows: 8 a. The tax shall not be imposed on a resident or nonresident 9 who is at least sixty-five years old on December 31 of 10 the tax year and whose net income, as defined in section 11 422.7 , is thirty-two thousand dollars or less in the case 12 of married persons filing jointly or filing separately on a 13 combined return, heads of household, and surviving spouses or 14 twenty-four thousand dollars or less in the case of all other 15 persons; but in the event that the payment of tax under this 16 division would reduce the net income to less than thirty-two 17 thousand dollars or twenty-four thousand dollars as applicable, 18 then the tax shall be reduced to that amount which would result 19 in allowing the taxpayer to retain a net income of thirty-two 20 thousand dollars or twenty-four thousand dollars as applicable. 21 The preceding sentence does not apply to estates or trusts. 22 For the purpose of this subsection , the entire net income, 23 including any part of the net income not allocated to Iowa, 24 shall be taken into account. For purposes of this subsection , 25 net income includes all amounts of pensions or other retirement 26 income , except for military retirement pay excluded under 27 section 422.7, subsection 31A, paragraph “a” , received from any 28 source which is not taxable under this division as a result 29 of the government pension exclusions in section 422.7 , or any 30 other state law. If the combined net income of a husband and 31 wife exceeds thirty-two thousand dollars, neither of them shall 32 receive the benefit of this subsection , and it is immaterial 33 whether they file a joint return or separate returns. However, 34 if a husband and wife file separate returns and have a combined 35 -2- SF 303 (2) 85 mm/sc/jh 2/ 3
S.F. 303 net income of thirty-two thousand dollars or less, neither 1 spouse shall receive the benefit of this paragraph, if one 2 spouse has a net operating loss and elects to carry back or 3 carry forward the loss as provided in section 422.9, subsection 4 3 . A person who is claimed as a dependent by another person as 5 defined in section 422.12 shall not receive the benefit of this 6 subsection if the person claiming the dependent has net income 7 exceeding thirty-two thousand dollars or twenty-four thousand 8 dollars as applicable or the person claiming the dependent 9 and the person’s spouse have combined net income exceeding 10 thirty-two thousand dollars or twenty-four thousand dollars as 11 applicable. 12 Sec. 3. Section 422.7, Code 2014, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 31A. a. Subtract, to the extent included, 15 retirement pay received by a taxpayer from the federal 16 government for military service performed in the armed forces, 17 the armed forces military reserve, or national guard. 18 b. The exclusion of retirement pay under this subsection is 19 in addition to any exclusion provided under subsection 31. 20 Sec. 4. RETROACTIVE APPLICABILITY. This Act applies 21 retroactively to January 1, 2014, for tax years beginning on 22 or after that date. 23 -3- SF 303 (2) 85 mm/sc/jh 3/ 3
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