15.331C Third-party developer tax credit.
1. An eligible business may claim a tax credit in an amount equal to the sales and use taxes paid by a third-party developer under chapter 423 for gas, electricity, water, or sewer utility services, goods, wares, or merchandise, or on services rendered, furnished, or performed to or for a contractor or subcontractor and used in the fulfillment of a written contract relating to the construction or equipping of a facility of the eligible business. Taxes attributable to intangible property and furniture and furnishings shall not be included, but taxes attributable to racks, shelving, and conveyor equipment to be used in a warehouse or distribution center shall be included. Any credit in excess of the tax liability for the tax year may be credited to the tax liability for the following seven years or until depleted, whichever occurs earlier. An eligible business may elect to receive a refund of all or a portion of an unused tax credit.
2. A third-party developer shall state under oath, on forms provided by the department of revenue, the amount of taxes paid as described in subsection 1 and shall submit such forms to the department of revenue. The taxes paid shall be itemized to allow identification of the taxes attributable to racks, shelving, and conveyor equipment to be used in a warehouse or distribution center. After receiving the form from the third-party developer, the department of revenue shall issue a tax credit certificate to the eligible business equal to the sales and use taxes paid by a third-party developer under chapter 423 for gas, electricity, water, or sewer utility services, goods, wares, or merchandise, or on services rendered, furnished, or performed to or for a contractor or subcontractor and used in the fulfillment of a written contract relating to the construction or equipping of a facility. The department of revenue shall also issue a tax credit certificate to the eligible business equal to the taxes paid and attributable to racks, shelving, and conveyor equipment to be used in a warehouse or distribution center. The aggregate combined total amount of tax refunds under section 15.331A for taxes attributable to racks, shelving, and conveyor equipment to be used in a warehouse or distribution center and of tax credit certificates issued by the department of revenue for the taxes paid and attributable to racks, shelving, and conveyor equipment to be used in a warehouse or distribution center shall not exceed five hundred thousand dollars in a fiscal year. If an applicant for a tax credit certificate does not receive a certificate for the taxes paid and attributable to racks, shelving, and conveyor equipment to be used in a warehouse or distribution center, the application shall be considered in succeeding fiscal years. The eligible business shall not claim a tax credit under this section unless a tax credit certificate issued by the department of revenue is included with the taxpayer’s tax return for the tax year for which the tax credit is claimed. A tax credit certificate shall contain the eligible business’s name, address, tax identification number, the amount of the tax credit, and other information deemed necessary by the department of revenue.
3. An individual may claim a tax credit under this section of a partnership, limited liability company, S corporation, estate, or trust electing to have 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 from the partnership, limited liability company, S corporation, estate, or trust.
2004 Acts, ch 1003, §3, 12; 2005 Acts, ch 19, §14; 2005 Acts, ch 150, §47, 68, 69; 2009 Acts, ch 82, §4; 2014 Acts, ch 1093, §4; 2021 Acts, ch 86, §1, 6, 7, 48
Referred to in §15.119, 15.331A, 15.335A, 422.11U, 422.33, 422.60, 432.12H, 533.329
For aggregate limitations on amount of tax credits, see §15.119
2021 amendment applies retroactively to January 1, 2020, for tax years beginning on or after that date; 2021 Acts, ch 86, §7
For proposed amendments to subsections 1 and 2 by
2021 Acts, ch 86, §48
, see Code editor’s note at the beginning of this Code volume
Section amended
Structure Iowa Code
Title I - STATE SOVEREIGNTY AND MANAGEMENT
Chapter 15 - ECONOMIC DEVELOPMENT AUTHORITY
Section 15.101 - Findings and purpose — collaboration described.
Section 15.103 - Economic development board.
Section 15.104 - Duties of the board.
Section 15.105 - Economic development authority.
Section 15.106 - Conflicts of interest.
Section 15.106A - General powers of the authority — legislative findings.
Section 15.106B - Specific program powers — fees.
Section 15.106C - Director — responsibilities.
Section 15.106D - Private activity bonds and notes.
Section 15.106E - Review of authority operations.
Section 15.107 - Bioscience development corporation.
Section 15.107A - Duties and responsibilities of the corporation.
Section 15.107B - Annual reporting requirements.
Section 15.107C - Oversight of corporation.
Section 15.108 - Primary responsibilities.
Section 15.109 - Additional duties.
Section 15.110 - Restrictions relating to councils of governments.
Section 15.111 - Rural development coordination.
Section 15.112 - Farmworks matching funds.
Section 15.113 - Tax lien and delinquency search requirement.
Section 15.114 - Microenterprise development advisory committee.
Section 15.115 - Technology commercialization specialist.
Section 15.116 - Technology commercialization committee.
Section 15.117 - Chief technology officer.
Section 15.117A - Iowa innovation council.
Section 15.118 - Confidentiality of information in financial assistance applications.
Section 15.119 - Aggregate tax credit limit for certain economic development programs.
Section 15.120 - The Iowa energy center.
Section 15.201 - Agricultural marketing program.
Section 15.202 - Grants and gifts.
Section 15.203 - Agricultural products advisory council — duties.
Section 15.204 - Value-added agricultural linked investment loan program — eligibility requirements.
Section 15.231 - Community catalyst building remediation program — fund.
Section 15.240 - Community microenterprise development organization grant program.
Section 15.241 - Iowa “self-employment loan program”.
Section 15.246 - Case management program.
Section 15.247 - Targeted small business financial assistance program.
Section 15.251 - Industrial new job training program certificates — fee.
Section 15.261 - Vacant state buildings demolition fund.
Section 15.262 - Vacant state buildings rehabilitation fund.
Section 15.269 - Cogeneration pilot program.
Section 15.271 - Statement of purpose — intent.
Section 15.272 - Statewide welcome center program.
Section 15.273 - Cooperative tourism program.
Section 15.292 - Brownfield redevelopment program.
Section 15.293 - Brownfield redevelopment fund.
Section 15.293A - Redevelopment tax credits.
Section 15.293B - Application — registration — agreement.
Section 15.294 - Brownfield redevelopment advisory council.
Section 15.300 - Findings and intent.
Section 15.301 - Save our small businesses fund and program.
Section 15.313 - Strategic infrastructure program — fund.
Section 15.317 - Eligibility requirements.
Section 15.318 - Eligible business application and agreement — maximum tax credits.
Section 15.319 - Renewable chemical production tax credit.
Section 15.320 - Reports to general assembly.
Section 15.322 - Future repeal.
Section 15.325 - Negotiations — state and local officials — restrictions.
Section 15.329 - Eligible business.
Section 15.330A - Maintenance of agreements.
Section 15.331 - New jobs credit from withholding.
Section 15.331A - Sales and use tax refund.
Section 15.331B - Exemption from land ownership restrictions for nonresident aliens.
Section 15.331C - Third-party developer tax credit.
Section 15.332 - Value-added property tax exemption.
Section 15.333 - Investment tax credit.
Section 15.333A - Insurance premium tax credits.
Section 15.334 - Exemption from taxation for machinery, equipment, and computers.
Section 15.334A - Sales and use tax exemption.
Section 15.335 - Research activities credit.
Section 15.335A - Tax incentives.
Section 15.335B - Assistance for certain programs and projects.
Section 15.336 - Other incentives.
Section 15.337 - Waiver of program qualification requirements.
Section 15.338 - Nuisance property remediation assistance — fund.
Section 15.341 - Workforce development fund program.
Section 15.342A - Workforce development fund account.
Section 15.343 - Workforce development fund.
Section 15.344 - Common system — assessment and tracking.
Section 15.349 - Shelter assistance fund.
Section 15.353 - Housing project requirements.
Section 15.354 - Housing project application and agreement.
Section 15.355 - Workforce housing tax incentives.
Section 15.368 - World food prize award and support.
Section 15.371 - Manufacturing 4.0 technology investment program.
Section 15.401 - Renewable fuels.
Section 15.412 - Innovation and commercialization development fund.