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CSHB 269(FIN): "An Act relating to credits against certain taxes for contributions to certain public educational radio and television networks and stations and to endowments for public educational radio and television networks and stations, increasing the amounts that may be claimed as credits against certain state taxes, and precluding claims of the contributions as both credits and deductions against the taxes; amending the manner of computing refunds to local governments of the fisheries business tax and the fishery resource landing tax; establishing credits against the fishery resource landing tax; and terminating the public educational radio and television credits authorized by this Act at the end of five years; and providing for an effective date."

00 CS FOR HOUSE BILL NO. 269(FIN)                                                                                          
01 "An Act relating to credits against certain taxes for contributions to certain public                                   
02 educational radio and television networks and stations and to endowments for                                            
03 public educational radio and television networks and stations, increasing the                                           
04 amounts that may be claimed as credits against certain state taxes, and precluding                                      
05 claims of the contributions as both credits and deductions against the taxes;                                           
06 amending the manner of computing refunds to local governments of the fisheries                                          
07 business tax and the fishery resource landing tax; establishing credits against the                                     
08 fishery resource landing tax; and terminating the public educational radio and                                          
09 television credits authorized by this Act at the end of five years; and providing                                       
10 for an effective date."                                                                                                 
11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
12    * Section 1.  PURPOSE.  (a)  This Act extends the credits authorized by ch. 58, SLA 1987,                            
13 ch. 71, SLA 1991, and ch. 21, SLA 1994, against each of the following state taxes for                                   
14 contributions made to instate public educational radio and television networks and stations and                         
01 to endowments established to benefit those public educational radio and television stations:                            
02   (1)  the insurance premium tax (AS 21.09.210) and the tax on title insurance                                          
03 premiums (AS 21.66.110);                                                                                                
04   (2)  Alaska Net Income Tax (AS 43.20);                                                                                
05   (3)  Oil and Gas Properties Production Tax (AS 43.55);                                                                
06   (4)  Oil and Gas Exploration, Production, and Pipeline Transportation Property                                        
07 Tax (AS 43.56);                                                                                                         
08   (5)  Mining License Tax (AS 43.65);                                                                                   
09   (6)  Fisheries Taxes (AS 43.75).                                                                                      
10  (b)  This Act also authorizes                                                                                          
11   (1)  a credit against the fisheries resource landing tax for contributions made                                       
12 for instruction, research, and educational support purposes that are accepted by a nonprofit,                           
13 public or private, Alaska two-year or four-year college or university or Alaska university                              
14 foundation; and                                                                                                         
15   (2)  a credit against that tax for contributions made to instate public educational                                   
16 radio and television networks and stations and to endowments established to benefit those                               
17 public educational radio and television stations.                                                                       
18    * Sec. 2.  AS 21.89.070(a) is amended to read:                                                                       
19  (a)  Subject to (c) of this section,                                                                                 
20   (1)  after the effective date of this Act and through December 31,                                                   
21 2000, a [A] taxpayer is allowed as a credit against the tax due under AS 21.09.210 or                                
22 AS 21.66.110 the taxpayer's [FOR] cash contributions for direct instruction, research,                                
23 and educational support purposes, including library and museum acquisitions, and                                        
24 contributions to endowment, that are accepted by a nonprofit, public or private, Alaska                                 
25 two-year or four-year college or university accredited by a regional accreditation                                      
26 association or that are accepted by an Alaska university foundation that supports a                                     
27 university or college that could receive a contribution for which a taxpayer may obtain                                 
28 a credit under this section, and the taxpayer's cash contributions accepted by a                                       
29 nonprofit, noncommercial public Alaska educational radio or television network or                                       
30 station and contributions to endowments established to benefit those networks and                                       
31 stations.  The amount of the credit is the lesser of                                                                   
01   (A) [(1)]  an amount equal to                                                                                     
02   (i) [(A)]  50 percent of contributions of not more than                                                          
03 $100,000; and                                                                                                           
04   (ii) [(B)]  100 percent of the next $300,000 [$100,000]                                                        
05 of contributions; or                                                                                                    
06   (B) [(2)]  50 percent of the taxpayer's tax liability under this                                                  
07 title; and                                                                                                             
08   (2)  after December 31, 2000, a taxpayer is allowed as a credit                                                      
09 against the tax due under AS 21.09.210 or AS 21.66.110 the taxpayer's cash                                              
10 contributions for direct instruction, research, and educational support purposes,                                       
11 including library and museum acquisitions, and contributions to endowment, that                                         
12 are accepted by a nonprofit, public or private, Alaska two-year or four-year                                            
13 college or university accredited by a regional accreditation association or that are                                    
14 accepted by an Alaska university foundation that supports a university or college                                       
15 that could receive a contribution for which a taxpayer may obtain a credit under                                        
16 this section.  The amount of the credit is the lesser of                                                                
17   (A)  an amount equal to                                                                                             
18   (i)  50 percent of contributions of not more than                                                                  
19 $100,000; and                                                                                                           
20   (ii)  100 percent of the next $100,000 of contributions;                                                           
21 or                                                                                                                      
22   (B)  50 percent of the taxpayer's tax liability under this title.                                                  
23    * Sec. 3.  AS 21.89.070(c) is amended to read:                                                                       
24  (c)  In each tax year, contributions [A CONTRIBUTION] claimed as a credit                                           
25 under this section                                                                                                      
26   (1)  may not be claimed as a credit under more than one provision of                                                 
27 this title; [AND]                                                                                                       
28   (2)  may not be allowed as a deduction against a tax imposed by this                                                
29 title or as a deduction against a tax imposed by AS 43; and                                                             
30   (3)  may not, when combined with credits taken during the taxpayer's                                                
31 tax year under AS 43.20.014, AS 43.55.019, AS 43.56.018, AS 43.65.018, [OR]                                             
01 AS 43.75.018, or AS 43.77.045,                                                                                        
02   (A)  through December 31, 2000, exceed $350,000; and                                                             
03   (B)  after December 31, 2000, exceed $150,000.                                                                     
04    * Sec. 4.  AS 43.20.014(a) is amended to read:                                                                       
05  (a)  Subject to (d) of this section,                                                                                 
06   (1)  after the effective date of this Act and through December 31,                                                   
07 2000, for [FOR] cash contributions accepted for direct instruction, research, and                                      
08 educational support purposes, including library and museum acquisitions, and                                            
09 contributions to endowment, by an Alaska university foundation or by a nonprofit,                                       
10 public or private, Alaska two-year or four-year college accredited by a regional                                        
11 accreditation association, and for contributions accepted by a nonprofit,                                              
12 noncommercial public Alaska educational radio or television network or station                                          
13 and contributions to endowments established to benefit those stations, a taxpayer                                      
14 is allowed as a credit against the tax due under this chapter                                                           
15   (A) [(1)]  50 percent of contributions of not more than $100,000;                                                 
16 and                                                                                                                     
17   (B) [(2)]  100 percent of the next $300,000 [$100,000] of                                                       
18 contributions; and                                                                                                     
19   (2)  after December 31, 2000, for cash contributions accepted for                                                    
20 direct instruction, research, and educational support purposes, including library                                       
21 and museum acquisitions, and contributions to endowment, by an Alaska                                                   
22 university foundation or by a nonprofit, public or private, Alaska two-year or                                          
23 four-year college accredited by a regional accreditation association, a taxpayer is                                     
24 allowed as a credit against the tax due under this chapter                                                              
25   (A)  50 percent of contributions of not more than $100,000;                                                         
26 and                                                                                                                     
27   (B)  100 percent of the next $100,000 of contributions.                                                            
28    * Sec. 5.  AS 43.20.014(d) is amended to read:                                                                       
29  (d)  In each tax year, contributions [A CONTRIBUTION] claimed as a credit                                           
30 under this section                                                                                                      
31   (1)  may not be claimed as a credit under another provision of this title;                                           
01   (2)  may not also be allowed as a deduction [UNDER 26 U.S.C. 170]                                                    
02 against the tax imposed by this chapter or as a deduction against another tax                                          
03 imposed by this title; and                                                                                             
04   (3)  may not, when combined with credits taken during the taxpayer's                                                 
05 tax year under AS 21.89.070, AS 43.55.019, AS 43.56.018, AS 43.65.018, [OR]                                             
06 AS 43.75.018, or AS 43.77.045,                                                                                        
07   (A)  through December 31, 2000, exceed $350,000; and                                                             
08   (B)  after December 31, 2000, exceed $150,000.                                                                     
09    * Sec. 6.  AS 43.55.019(a) is amended to read:                                                                       
10  (a)  Subject to (d) of this section,                                                                                 
11   (1)  after the effective date of this Act and through December 31,                                                   
12 2000, for [FOR] cash contributions accepted for direct instruction, research, and                                      
13 educational support purposes, including library and museum acquisitions, and                                            
14 contributions to endowment, by an Alaska university foundation or by a nonprofit,                                       
15 public or private, Alaska two-year or four-year college accredited by a regional                                        
16 accreditation association, and for contributions accepted by a nonprofit,                                              
17 noncommercial public Alaska educational radio or television network or station                                          
18 and contributions to endowments established to benefit those stations, a producer                                      
19 of oil or gas is allowed as a credit against the tax due under this chapter                                             
20   (A) [(1)]  50 percent of contributions of not more than $100,000;                                                 
21 and                                                                                                                     
22   (B) [(2)]  100 percent of the next $300,000 [$100,000] of                                                       
23 contributions; and                                                                                                     
24   (2)  after December 31, 2000, for cash contributions accepted for                                                    
25 direct instruction, research, and educational support purposes, including library                                       
26 and museum acquisitions, and contributions to endowment, by an Alaska                                                   
27 university foundation or by a nonprofit, public or private, Alaska two-year or                                          
28 four-year college accredited by a regional accreditation association, a producer                                        
29 of oil or gas is allowed as a credit against the tax due under this chapter                                             
30   (A)  50 percent of contributions of not more than $100,000;                                                         
31 and                                                                                                                     
01   (B)  100 percent of the next $100,000 of contributions.                                                            
02  * Sec. 7.  AS 43.55.019(d) is amended to read:                                                                         
03  (d)  In each tax year, contributions [A CONTRIBUTION] claimed as a credit                                           
04 under this section may not                                                                                              
05   (1)  be claimed as a credit under another provision of this title;                                                   
06   (2)  be allowed as a deduction against the tax imposed by this                                                      
07 chapter or as a deduction against another tax imposed by this title; and                                               
08   (3) [(2)]  when combined with credits taken during the taxpayer's tax                                              
09 year under AS 21.89.070, AS 43.20.014, AS 43.56.018, AS 43.65.018, [OR]                                                 
10 AS 43.75.018, or AS 43.77.045,                                                                                        
11   (A)  through December 31, 2000, exceed $350,000; and                                                             
12   (B)  after December 31, 2000, exceed $150,000.                                                                     
13   * Sec. 8.  AS 43.56.018(a) is amended to read:                                                                        
14  (a)  Subject to (d) of this section,                                                                                 
15   (1)  after the effective date of this Act and through December 31,                                                   
16 2000, for [FOR] cash contributions accepted for direct instruction, research, and                                      
17 educational support purposes, including library and museum acquisitions, and                                            
18 contributions to endowment, by an Alaska university foundation or by a nonprofit,                                       
19 public or private, Alaska two-year or four-year college accredited by a regional                                        
20 accreditation association, and for contributions accepted by a nonprofit,                                              
21 noncommercial public Alaska educational radio or television network or station                                          
22 and contributions to endowments established to benefit those stations, the owner                                       
23 of property taxable under this chapter is allowed as a credit against the tax due under                                 
24 this chapter                                                                                                            
25   (A) [(1)]  50 percent of contributions of not more than $100,000;                                                 
26 and                                                                                                                     
27   (B) [(2)]  100 percent of the next $300,000 [$100,000] of                                                       
28 contributions; and                                                                                                     
29   (2)  after December 31, 2000, for cash contributions accepted for                                                    
30 direct instruction, research, and educational support purposes, including library                                       
31 and museum acquisitions, and contributions to endowment, by an Alaska                                                   
01 university foundation or by a nonprofit, public or private, Alaska two-year or                                          
02 four-year college accredited by a regional accreditation association, the owner of                                      
03 property taxable under this chapter is allowed as a credit against the tax due                                          
04 under this chapter                                                                                                      
05   (A)  50 percent of contributions of not more than $100,000;                                                         
06 and                                                                                                                     
07   (B)  100 percent of the next $100,000 of contributions.                                                            
08    * Sec. 9.  AS 43.56.018(d) is amended to read:                                                                       
09  (d)  In each tax year, contributions [A CONTRIBUTION] claimed as a credit                                           
10 under this section may not                                                                                              
11   (1)  be claimed as a credit under another provision of this title;                                                   
12   (2)  be allowed as a deduction against the tax imposed by this                                                      
13 chapter or as a deduction against another tax imposed by this title; and                                               
14   (3) [(2)]  when combined with credits taken during the taxpayer's tax                                              
15 year under AS 21.89.070, AS 43.20.014, AS 43.55.019, AS 43.65.018, [OR]                                                 
16 AS 43.75.018, or AS 43.77.045,                                                                                        
17   (A)  through December 31, 2000, exceed $350,000; and                                                             
18   (B)  after December 31, 2000, exceed $150,000.                                                                     
19    * Sec. 10.  AS 43.65.018(a) is amended to read:                                                                      
20  (a)  Subject to (d) of this section,                                                                                 
21   (1)  after the effective date of this Act and through December 31,                                                   
22 2000, for [FOR] cash contributions accepted for direct instruction, research, and                                      
23 educational support purposes, including library and museum acquisitions, and                                            
24 contributions to endowment, by an Alaska university foundation or by a nonprofit,                                       
25 public or private, Alaska two-year or four-year college accredited by a regional                                        
26 accreditation association, and for contributions accepted by a nonprofit,                                              
27 noncommercial public Alaska educational radio or television network or station                                          
28 and contributions to endowments established to benefit those stations, a person                                        
29 engaged in the business of mining in the state is allowed as a credit against the tax due                               
30 under this chapter                                                                                                      
31   (A) [(1)]  50 percent of contributions of not more than $100,000;                                                 
01 and                                                                                                                     
02   (B) [(2)]  100 percent of the next $300,000 [$100,000] of                                                       
03 contributions; and                                                                                                     
04   (2)  after December 31, 2000, for cash contributions accepted for                                                    
05 direct instruction, research, and educational support purposes, including library                                       
06 and museum acquisitions, and contributions to endowment, by an Alaska                                                   
07 university foundation or by a nonprofit, public or private, Alaska two-year or                                          
08 four-year college accredited by a regional accreditation association, a person                                          
09 engaged in the business of mining in the state is allowed as a credit against the                                       
10 tax due under this chapter                                                                                              
11   (A)  50 percent of contributions of not more than $100,000;                                                         
12 and                                                                                                                     
13  (B)  100 percent of the next $100,000 of contributions.                                                            
14   * Sec. 11.  AS 43.65.018(d) is amended to read:                                                                       
15  (d)  In each tax year, contributions [A CONTRIBUTION] claimed as a credit                                           
16 under this section may not                                                                                              
17   (1)  be claimed as a credit under another provision of this title;                                                   
18   (2)  be allowed as a deduction against the tax imposed by this                                                      
19 chapter or as a deduction against another tax imposed by this title; and                                               
20   (3) [(2)]  when combined with credits taken during the taxpayer's tax                                              
21 year under AS 21.89.070, AS 43.20.014, AS 43.55.019, AS 43.56.018, [OR]                                                 
22 AS 43.75.018, or AS 43.77.045,                                                                                        
23   (A)  through December 31, 2000, exceed $350,000; and                                                             
24   (B)  after December 31, 2000, exceed $150,000.                                                                     
25    * Sec. 12.  AS 43.75.018(a) is amended to read:                                                                      
26  (a)  Subject to (d) of this section,                                                                                 
27   (1)  after the effective date of this Act and through December 31,                                                   
28 2000, for [FOR] cash contributions accepted for direct instruction, research, and                                      
29 educational support purposes, including library and museum acquisitions, and                                            
30 contributions to endowment, by an Alaska university foundation or by a nonprofit,                                       
31 public or private, Alaska two-year or four-year college accredited by a regional                                        
01 accreditation association, and for contributions accepted by a nonprofit,                                              
02 noncommercial public Alaska educational radio or television network or station                                          
03 and contributions to endowments established to benefit those stations, a person                                        
04 engaged in a fisheries business is allowed as a credit against the tax due under this                                   
05 chapter                                                                                                                 
06   (A) [(1)]  50 percent of contributions of not more than $100,000;                                                 
07 and                                                                                                                     
08   (B) [(2)]  100 percent of the next $300,000 [$100,000] of                                                       
09 contributions; and                                                                                                     
10   (2)  after December 31, 2000, for cash contributions accepted for                                                    
11 direct instruction, research, and educational support purposes, including library                                       
12 and museum acquisitions, and contributions to endowment, by an Alaska                                                   
13 university foundation or by a nonprofit, public or private, Alaska two-year or                                          
14 four-year college accredited by a regional accreditation association, a person                                          
15 engaged in a fisheries business is allowed as a credit against the tax due under                                        
16 this chapter                                                                                                            
17   (A)  50 percent of contributions of not more than $100,000;                                                         
18 and                                                                                                                     
19  (B)  100 percent of the next $100,000 of contributions.                                                            
20    * Sec. 13.  AS 43.75.018(d) is amended to read:                                                                      
21  (d)  In each tax year, contributions [A CONTRIBUTION] claimed as a credit                                           
22 under this section may not                                                                                              
23   (1)  be claimed as a credit under another provision of this title;                                                   
24   (2)  be allowed as a deduction against the tax imposed by this                                                      
25 chapter or as a deduction against another tax imposed by this title; and                                               
26   (3) [(2)]  when combined with credits taken during the taxpayer's tax                                              
27 year under AS 21.89.070, AS 43.20.014, AS 43.55.019, AS 43.56.018, [OR]                                                 
28 AS 43.65.018, or AS 43.77.045,                                                                                        
29   (A)  through December 31, 2000, exceed $350,000; and                                                             
30   (B)  after December 31, 2000, exceed $150,000.                                                                     
31    * Sec. 14.  AS 43.75.130(f) is amended to read:                                                                      
01  (f)  In this section, "tax revenue collected" includes one-half the amount                                          
02 credited against taxes under AS 43.75.018.                                                                              
03    * Sec. 15.  AS 43.77 is amended by adding a new section to read:                                                     
04  Sec. 43.77.045.  ADDITIONAL RESOURCE LANDING TAX CREDIT.   (a)                                                       
05 Subject to (c) of this section,                                                                                         
06   (1)  after the effective date of this Act and through December 31, 2000,                                             
07 for cash contributions accepted for direct instruction, research, and educational support                               
08 purposes, including library and museum acquisitions, and contributions to endowment,                                    
09 by an Alaska university foundation or by a nonprofit, public or private, Alaska                                         
10 two-year or four-year college accredited by a regional accreditation association, and                                   
11 for contributions accepted by a nonprofit, noncommercial public Alaska educational                                      
12 radio or television network or station and contributions to endowments established to                                   
13 benefit those stations, a person engaged in a fisheries business is allowed as a credit                                 
14 against the tax due under this chapter                                                                                  
15   (A)  50 percent of contributions of not more than $100,000; and                                                     
16   (B)  100 percent of the next $300,000 of contributions; and                                                         
17   (2)  after December  31, 2000, for cash contributions accepted for direct                                            
18 instruction, research, and educational support purposes, including library and museum                                   
19 acquisitions, and contributions to endowment, by an Alaska university foundation or                                     
20 by a nonprofit, public or private, Alaska two-year or four-year college accredited by                                   
21 a regional accreditation association, a person engaged in a fisheries business is allowed                               
22 as a credit against the tax due under this chapter                                                                      
23   (A)  50 percent of contributions of not more than $100,000; and                                                     
24  (B)  100 percent of the next $100,000 of contributions.                                                             
25  (b)  Each public college and university shall include in its annual operating                                         
26 budget request contributions received under this section and how the contributions                                      
27 were used.                                                                                                              
28  (c)  In each tax year, contributions claimed as a credit under this section may                                       
29 not                                                                                                                     
30   (1)  be claimed as a credit under another provision of this title;                                                   
31   (2)  be allowed as a deduction against the tax imposed by this chapter                                               
01 or as a deduction against another tax imposed by this title; and                                                        
02   (3)  when combined with credits taken during the taxpayer's tax year                                                 
03 under AS 21.89.070, AS 43.20.014, AS 43.55.019, AS 43.56.018, AS 43.65.018, or                                          
04 AS 43.75.018,                                                                                                           
05   (A)  through December 31, 2000, exceed $350,000; and                                                                
06   (B)  after December 31, 2000, exceed $150,000.                                                                      
07    * Sec. 16.  AS 43.77.060 is amended by adding a new subsection to read:                                              
08  (e)  In (a) and (b) of this section, "tax revenue collected" includes one-half the                                    
09 amount credited against taxes under AS 43.77.045.                                                                       
10    * Sec. 17. This Act applies to tax years beginning after the December 31 that precedes the                           
11 effective date of this Act.                                                                                             
12    * Sec. 18.  This Act takes effect January 1, 1996.