15.335 - RESEARCH ACTIVITIES CREDIT.

        15.335  RESEARCH ACTIVITIES CREDIT.
         1.  An eligible business may claim a corporate tax credit for
      increasing research activities in this state during the period the
      eligible business is participating in the program.  For purposes of
      this section, "research activities" includes the development and
      deployment of innovative renewable energy generation components
      manufactured or assembled in this state.  For purposes of this
      section, "innovative renewable energy generation components" does
      not include a component with more than two hundred megawatts of
      installed effective nameplate capacity.  The tax credits for
      innovative renewable energy generation components shall not exceed
      two million dollars.
         a. (1)  The credit equals the sum of the following:
         (a)  Six and one-half percent of the excess of qualified research
      expenses during the tax year over the base amount for the tax year
      based upon the state's apportioned share of the qualifying
      expenditures for increasing research activities.
         (b)  Six and one-half percent of the basic research payments
      determined under section 41(e)(1)(A) of the Internal Revenue Code
      during the tax year based upon the state's apportioned share of the
      qualifying expenditures for increasing research activities.
         (2)  The state's apportioned share of the qualifying expenditures
      for increasing research activities is a percent equal to the ratio of
      qualified research expenditures in this state to total qualified
      research expenditures.
         b.  In lieu of the credit amount computed in paragraph
      "a", subparagraph (1), an eligible business may elect to compute
      the credit amount for qualified research expenses incurred in this
      state in a manner consistent with the alternative incremental credit
      described in section 41(c)(4) of the Internal Revenue Code.  The
      taxpayer may make this election regardless of the method used for the
      taxpayer's federal income tax.  The election made under this
      paragraph is for the tax year and the taxpayer may use another or the
      same method for any subsequent year.
         c.  For purposes of the alternate credit computation method in
      paragraph "b", the credit percentages applicable to qualified
      research expenses described in clauses (i), (ii), and (iii) of
      section 41(c)(4)(A) of the Internal Revenue Code are one and
      sixty-five hundredths percent, two and twenty hundredths percent, and
      two and seventy-five hundredths percent, respectively.
         2.  The credit allowed in this section is in addition to the
      credit authorized in section 422.10 and section 422.33, subsection 5.
      However, if the alternative credit computation method is used in
      section 422.10 or section 422.33, subsection 5, the credit allowed in
      this section shall also be computed using that method.
         3.  If the eligible business is a partnership, S corporation,
      limited liability company, or estate or trust electing to have the
      income taxed directly to the individual, an individual may claim the
      tax credit allowed.  The amount claimed by the individual shall be
      based upon the pro rata share of the individual's earnings of the
      partnership, S corporation, limited liability company, or estate or
      trust.
         4. a.  For purposes of this section, "base amount",
      "basic research payment", and "qualified research expense"
      mean the same as defined for the federal credit for increasing
      research activities under section 41 of the Internal Revenue Code,
      except that for the alternative incremental credit such amounts are
      for research conducted within this state.
         b.  For purposes of this section, "Internal Revenue Code"
      means the Internal Revenue Code in effect on January 1, 2009.
         5.  Any credit in excess of the tax liability for the taxable year
      shall be refunded with interest computed under section 422.25.  In
      lieu of claiming a refund, a taxpayer may elect to have the
      overpayment shown on its final, completed return credited to the tax
      liability for the following year.
         6.  The department of revenue shall by February 15 of each year
      issue an annual report to the general assembly containing the total
      amount of all claims made by employers under this section, and the
      portion of the claims issued as refunds, for all claims processed
      during the previous calendar year.  The report shall contain the name
      of each claimant for whom a tax credit in excess of five hundred
      thousand dollars was issued and the amount of the credit received.
      
         Section History: Recent Form
         94 Acts, ch 1008, §12; 94 Acts, ch 1165, §44; 96 Acts, ch 1199,
      §4; 97 Acts, ch 135, §1, 9; 98 Acts, ch 1078, §1, 10, 14; 99 Acts, ch
      95, §1, 12, 13; 2000 Acts, ch 1146, §1, 9, 11; 2000 Acts, ch 1194,
      §1, 21; 2001 Acts, ch 127, §1, 9, 10; 2002 Acts, ch 1069, §1, 10, 14;
      2003 Acts, ch 139, §1, 11, 12; 2004 Acts, ch 1073, §1; 2005 Acts, ch
      24, §1, 10, 11; 2005 Acts, ch 150, §70; 2006 Acts, ch 1140, §1, 10,
      11; 2007 Acts, ch 12, §1, 7, 8; 2008 Acts, ch 1011, § 1, 9; 2008
      Acts, ch 1032, § 201; 2009 Acts, ch 171, §1; 2009 Acts, ch 179, §102,
      153, 232
         Referred to in § 15.119, 15.335A, 15E.196, 422.10, 422.33, 469.10
         Internal Revenue Code definition is updated regularly; for
      applicable definition in a prior tax year, refer to Iowa Acts and
      Code for that year
         For aggregate limitations on amount of tax credits, see §15.119 
         Footnotes

         2009 amendment to subsection 1 applies to projects approved on or
      after April 23, 2009; 2009 Acts, ch 171, §3