422.10 - RESEARCH ACTIVITIES CREDIT.

        422.10  RESEARCH ACTIVITIES CREDIT.         1.  The taxes imposed under this division shall be reduced by a      state tax credit for increasing research activities in this state.         a. (1)  For individuals, 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), subparagraph division (a), a taxpayer 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.  For purposes of this section, an individual may claim a      research credit incurred by a partnership, S corporation, limited      liability company, estate, or trust electing to have the income taxed      directly to the individual.  The amount claimed by the individual      shall be based upon the pro rata share of the individual's earnings      of a partnership, S corporation, limited liability company, estate,      or trust.         3. 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.         4.  Any credit in excess of the tax liability imposed by section      422.5 less the amounts of nonrefundable credits allowed under this      division 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 the taxpayer's      final, completed return credited to the tax liability for the      following taxable year.         5.  An individual may claim an additional research activities      credit authorized pursuant to section 15.335 if the eligible business      is a partnership, S corporation, limited liability company, or estate      or trust which elects to have the income taxed directly to the      individual.  The amount of the credit shall be as provided in section      15.335.         6.  The department 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
         83 Acts, ch 179, § 8, 25; 85 Acts, ch 230, § 5; 86 Acts, ch 1007,      § 22; 87 Acts, 2nd Ex, ch 1, § 10; 88 Acts, ch 1028, §21; 90 Acts, ch      1171, § 3; 91 Acts, ch 159, §10; 91 Acts, ch 215, §2; 93 Acts, ch      113, §2, 4; 94 Acts, ch 1166, §7, 11; 95 Acts, ch 152, §4, 7; 97      Acts, ch 23, §43; 97 Acts, ch 135, §6, 9; 98 Acts, ch 1078, §6, 10;      99 Acts, ch 95, §7, 12, 13; 2000 Acts, ch 1146, § 4, 9, 11; 2000      Acts, ch 1194, §9, 21; 2001 Acts, ch 127, §6, 9, 10; 2002 Acts, ch      1069, §7, 10, 14; 2003 Acts, ch 139, §7, 11, 12; 2004 Acts, ch 1073,      §17; 2005 Acts, ch 24, §6, 10, 11; 2006 Acts, ch 1140, §5, 10, 11;      2006 Acts, ch 1158, §14, 15; 2007 Acts, ch 12, §4, 7, 8; 2008 Acts,      ch 1011, § 5, 9; 2009 Acts, ch 179, §131, 153, 233         Referred to in § 15.335, 15A.9, 422.5, 422.16         Internal Revenue Code definition is updated regularly; for      applicable definition in a prior tax year, refer to Iowa Acts and      Code for that year