Section 265.44.7. Beginning farmer custom farming tax credit program.

         44.7(1) General provisions.

            a.                Term. The term of the credit shall not exceed the term of the contract, except that any unused credit may be carried forward for a period of ten years if unused in the tax year the credits are earned. Credits may not be carried back to past tax years.

            b.                Fees. The authority may charge reasonable and necessary fees to defray the costs of this program.

            c.                Expiration of custom hire contract. The BFCF eligible applicant will continue to be eligible during the years of the custom farming contract. Upon expiration of the contract, both the taxpayer and BFCF eligible applicant must reapply to qualify for subsequent tax credits.

         44.7(2) Application procedures.

            a.               The authority shall prepare and make available appropriate forms to be used in making application for the tax credit, including forms for both the taxpayer and the BFCF eligible applicant.

            b.               Each application shall include, but not be limited to, the following:

             (1)             Taxpayer information: name and address, e-mail address if available, social security number, and description of the custom hire work completed. In addition, the application shall have attached to it a copy of the custom hire contract between the parties.

             (2)             BFCF eligible applicant information: name and address, e-mail address if available, and description of the custom hire work completed. In addition, the application shall have attached to it a copy of the BFCF eligible applicant’s most recent financial statement (generally prepared one month preceding application submission). The application will also include a background letter on the BFCF eligible applicant documenting to the satisfaction of the authority sufficient training, experience and access to capital. This letter may be submitted by one or more of the following: the BFCF eligible applicant, the taxpayer or another third party.

            c.               Complete applications shall be processed in the order they are received by the authority.

         44.7(3) Execution of custom farming contract. In addition to the requirements set forth in rule 265—44.7(16), both the taxpayer and the BFCF eligible applicant shall execute a custom farming contract. The form used shall be a commonly accepted form and signed by all parties.

         44.7(4) Calculation of custom hire tax credit. The taxpayer and BFCF eligible applicant will submit a completed application to the authority, including a list of all custom work completed by the BFCF eligible applicant. The application will also include verification of all payments made to the BFCF eligible applicant for work completed.

         44.7(5) Procedures following tax credit approval. Either the BFCF eligible applicant or the taxpayer shall immediately notify the authority of any material changes in the custom hire contract. Written approval from the authority is required if the change impacts the amount of the tax credit awarded. The authority shall act upon these changes pursuant to Iowa Code section 16.81.

[ARC 1112C, IAB 10/16/13, effective 9/26/13; ARC 1400C, IAB 4/2/14, effective 5/7/14; ARC 2009C, IAB 5/27/15, effective 7/1/15; ARC 2226C, IAB 10/28/15, effective 12/2/15]