190B.106 From farm to food donation tax credit — limits on claims.
A from farm to food donation tax credit is subject to all of the following limitations:
1. The tax credit shall not exceed a qualifying amount for the tax year that the tax credit is claimed. The qualifying amount is the lesser of the following:
a. Fifteen percent of the value of the commodities donated during the tax year for which the credit is claimed. The value of the commodities shall be determined in the same manner as a charitable contribution of food for federal tax purposes under section 170(e)(3)(C) of the Internal Revenue Code.
b. Five thousand dollars.
2. A tax credit in excess of the taxpayer’s liability for the tax year is not refundable but may be credited to the tax liability for the following five years or until depleted, whichever is earlier.
3. If a tax credit is allowed, the amount of the contribution for which the tax credit is claimed shall not be deductible in determining taxable income for state tax purposes.
4. A tax credit shall not be carried back to a tax year prior to the tax year in which the taxpayer claims the tax credit.
2013 Acts, ch 140, §144, 147
Section takes effect July 1, 2013, and applies to tax years beginning on or after January 1, 2014;
2013 Acts, ch 140, §147
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