Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 52 - Filing Returns, Payment of Tax, Penalty and Interest, and Tax Credits › Rule 701-52.37 - Charitable Conservation Contribution Tax Credit

Current through Register Vol. 47, No. 3, July 24, 2024
Effective for tax years beginning on or after January 1,
				  2008, a charitable conservation contribution tax credit is available for
				  corporation income tax which is equal to 50 percent of the fair market value of
				  a qualified real property interest located in Iowa that is conveyed as an
				  unconditional charitable donation in perpetuity by a taxpayer to a qualified
				  organization exclusively for conservation purposes.
(1)
Definitions.
The
				following definitions are applicable to this rule:
"Conservation purpose"
means the same as
				  defined in Section 170(h)(4) of the Internal Revenue Code, with the exception
				  that a conveyance of land for open space for the purpose of fulfilling density
				  requirements to obtain subdivision or building permits is not considered a
				  conveyance for a conservation purpose.
"Qualified organization"
means the same as
				  defined in Section 170(h)(3) of the Internal Revenue Code.
"Qualified real property interest"
means the
				  same as defined in Section 170(h)(2) of the Internal Revenue Code. Conservation
				  easements and bargain sales are examples of a qualified real property
				  interest.
(2)
Computation of the
				credit.
The credit equals 50 percent of the fair market value of the
				qualified real property interest. There are numerous federal revenue
				regulations, rulings, court cases and other provisions relating to the
				determination of the value of a qualified real property interest, and these are
				equally applicable in determining the amount of the charitable conservation
				contribution tax credit.
The maximum amount of the tax credit is $100,000. The amount
				  of the contribution for which the tax credit is claimed shall not be claimed as
				  a deduction for charitable contributions for Iowa income tax purposes.
(3)
Claiming the tax
				credit.
The tax credit is claimed on Form IA 148, Tax Credits
				Schedule. The taxpayer must include a copy of federal Form 8283, Noncash
				Charitable Contributions, which reflects the calculation of the fair market
				value of the real property interest, with the Iowa return for the year in which
				the contribution is made. If a qualified appraisal of the property or other
				relevant information is required to be included with federal Form 8283 for
				federal tax purposes, the appraisal and other relevant information must also be
				included with the Iowa return.
Any credit in excess of the tax liability for the tax year
				  may be credited to the tax liability for the following 20 years or until used,
				  whichever is the earlier.
If the taxpayer claiming the credit is a partnership, limited
				  liability company, S corporation, or an estate or trust electing to have the
				  income taxed directly to the individual, an individual may claim the credit.
				  The amount claimed by an individual must be based on the individual's pro rata
				  share of the individual's earnings of the partnership, limited liability
				  company, S corporation, or estate or trust.
(4)
Examples.
The following
				noninclusive examples illustrate how this rule applies:
EXAMPLE 1: A taxpayer conveys a real property interest with a
				  fair market value of $150,000 to a qualified organization during 2008. The tax
				  credit is equal to $75,000, or 50 percent of the $150,000 fair market value of
				  the real property. The taxpayer cannot claim the $150,000 as a deduction for
				  charitable contributions on the Iowa corporation income tax return for
				  2008.
EXAMPLE 2: A taxpayer conveys a real property interest with a
				  fair market value of $500,000 to a qualified organization during 2009. The tax
				  credit is limited to $100,000, which equates to $200,000 of the contribution
				  being eligible for the tax credit. The remaining amount of $300,000 ($500,000
				  less $200,000) can be claimed as a deduction for charitable contributions on
				  the Iowa corporation income tax return for 2009.
This rule is intended to implement Iowa Code Supplement
				  section 422.33 as amended by 2008 Iowa Acts, House File 2700, section
				  63.