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Senate
File
2085
-
Introduced
SENATE
FILE
2085
BY
KLIMESH
A
BILL
FOR
An
Act
relating
to
event-driven
contracts
traded
on
dedicated
1
contract
markets
by
requiring
a
permit
to
conduct
business
2
in
the
state,
imposing
a
tax
on
adjusted
revenues,
making
3
adjustments
to
individual
and
corporate
income
taxes,
4
providing
for
fees,
and
including
retroactive
applicability
5
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
99H.1
Definitions.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Adjusted
revenues”
means
for
each
event-driven
contract
4
the
amount
equal
to
the
total
charges
and
fees
collected
from
5
all
traders
participating
in
the
event-driven
contract
less
6
payouts
made
to
traders
participating
in
the
event-driven
7
contract,
multiplied
by
the
location
percentage.
8
2.
“Department”
means
the
department
of
revenue.
9
3.
“Designated
contract
market”
means
a
digital
marketplace
10
for
trading
event-driven
contracts
that
is
also
regulated
by
11
the
federal
commodity
futures
trading
commission.
12
4.
“Director”
means
the
director
of
revenue.
13
5.
“Economic
indicators”
means
a
statistic
or
data
point
14
about
an
economic
activity
that
allows
an
analyst
to
assess
15
current
economic
performance.
16
6.
“Event-driven
contract”
means
a
financial
derivative
17
traded
on
a
designated
contract
market
that
provides
a
fixed
18
binary
payout
based
upon
the
occurrence
or
nonoccurrence
of
a
19
specific
future
event
that
is
contingent
upon
and
determined
20
solely
by
the
definitive
outcome
of
a
verifiable
specific
event
21
or
external
measure
rather
than
being
based
upon
the
continuous
22
fluctuation
of
a
security
price,
commodity
value,
or
interest
23
rate
that
may
or
may
not
correlate
with
traditional
market
24
prices
or
broad
economic
measures.
An
“event-driven
contract”
25
is
limited
to
those
financial
derivatives
that
provide
a
fixed
26
binary
payout
related
to
sporting
activities,
elections,
27
legislative
actions,
and
economic
indicators.
28
7.
“Location
percentage”
means
for
each
event-driven
29
contract,
the
percentage
rounded
to
the
nearest
tenth
of
a
30
percent,
equal
to
the
total
charges
and
fees
collected
from
all
31
traders
located
in
this
state
divided
by
the
total
charges
and
32
fees
collected
from
all
traders
in
the
event-driven
contract.
33
8.
“Sporting
activities”
means
the
outcome
of
an
authorized
34
sporting
event,
outcomes
within
the
event,
or
outcomes
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surrounding
the
event.
1
9.
“Trader”
means
any
person
buying
or
selling
event-driven
2
contracts
on
a
designated
contract
marketplace.
3
Sec.
2.
NEW
SECTION
.
99H.2
Administration
——
rules.
4
1.
The
department
shall
administer
this
chapter.
The
5
department
shall
collect,
supervise,
and
enforce
the
collection
6
of
all
fees
and
taxes
imposed
under
this
chapter.
7
2.
The
director
may
adopt
rules
pursuant
to
chapter
17A
that
8
are
necessary
to
enforce
this
chapter.
9
3.
The
director
may
designate
employees
to
administer
10
and
enforce
the
provisions
of
this
chapter,
including
the
11
collection
of
all
taxes
provided
for
in
this
chapter.
In
the
12
enforcement,
the
director
may
request
aid
from
the
attorney
13
general,
the
special
agents
of
the
state,
any
county
attorney,
14
or
any
peace
officer.
The
director
may
appoint
clerks
and
15
additional
help
as
may
be
needed
to
administer
this
chapter.
16
Sec.
3.
NEW
SECTION
.
99H.3
Scope
of
provisions.
17
This
chapter
does
not
apply
to
the
pari-mutuel
system
of
18
wagering
used
or
intended
to
be
used
in
connection
with
the
19
horse-race
or
dog-race
meetings
as
authorized
under
chapter
20
99D,
fantasy
sports
contests
as
authorized
under
chapter
21
99E,
sports
wagering
authorized
under
chapter
99F,
or
other
22
financial
derivatives
that
are
not
event-driven
contracts.
23
Sec.
4.
NEW
SECTION
.
99H.4
Application
——
permit
——
24
registration.
25
1.
A
person
shall
not
engage
in
the
business
of
serving
as
26
a
designated
contract
market
at
any
place
of
business
in
this
27
state
or
through
delivery
sales,
unless
the
person
obtains
a
28
permit
through
the
department.
29
2.
An
application
for
a
permit
under
this
chapter
shall
30
be
made
to
the
department
in
an
electronic
format
or
made
31
in
any
other
manner
prescribed
by
the
department
accompanied
32
by
any
associated
fees
required
for
the
permit
and
any
other
33
supporting
documentation
required.
The
application
shall
34
include
information
that
is
reasonably
necessary
to
identify
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the
person
applying
for
the
permit
and
to
administer
and
1
collect
the
taxes
imposed
under
this
chapter.
2
3.
a.
A
person
issued
a
permit
shall
pay
an
initial
permit
3
fee
of
ten
million
dollars.
4
b.
All
permits
expire
June
30
each
year.
The
annual
renewal
5
permit
fee
shall
be
one
hundred
thousand
dollars.
6
Sec.
5.
NEW
SECTION
.
99H.5
Prediction
market
tax.
7
A
tax
is
imposed
on
the
adjusted
revenues
received
8
each
taxable
year
by
a
designated
contract
market
from
the
9
event-driven
contracts
authorized
under
this
chapter
at
the
10
rate
of
twenty
percent.
The
taxes
imposed
for
event-driven
11
contracts
under
this
chapter
shall
be
paid
by
the
designated
12
contract
market
to
the
treasurer
of
state
as
determined
by
the
13
department.
14
Sec.
6.
NEW
SECTION
.
99H.6
Revenues.
15
All
revenues
generated
under
this
chapter
shall
be
deposited
16
into
the
general
fund
of
the
state.
17
Sec.
7.
NEW
SECTION
.
99H.7
Withholding.
18
All
payouts
made
to
traders
participating
in
an
event-driven
19
contract
are
Iowa
earned
income
and
are
subject
to
state
and
20
federal
income
tax
laws.
An
amount
deducted
from
revenues
21
for
payment
of
the
state
tax,
pursuant
to
section
422.16,
22
subsection
2,
shall
be
remitted
to
the
department
of
revenue
on
23
behalf
of
the
trader
by
the
designated
contract
market.
24
Sec.
8.
Section
422.7,
Code
2026,
is
amended
by
adding
the
25
following
new
subsection:
26
NEW
SUBSECTION
.
41.
a.
For
purposes
of
this
subsection,
27
“event-driven
contract”
means
the
same
as
defined
in
section
28
99H.1.
29
b.
Section
1256
of
the
Internal
Revenue
Code,
with
respect
30
to
event-driven
contracts,
does
not
apply
in
computing
net
31
income
for
state
tax
purposes.
If
the
taxpayer’s
federal
32
taxable
income
for
the
tax
year
was
increased
or
decreased
33
by
reason
of
the
application
of
section
1256
of
the
Internal
34
Revenue
Code
with
regard
to
event-driven
contracts,
the
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taxpayer
shall
recompute
net
income
for
state
tax
purposes
as
1
follows:
2
(1)
Subtract
net
gain
or
add
net
loss
from
event-driven
3
contracts,
including
any
loss
carried
back
from
a
previous
tax
4
year.
5
(2)
Add
gain
from
each
event-driven
contract.
6
(3)
If
the
taxpayer
itemized
deductions,
subtract
the
total
7
loss
from
each
event-driven
contract
for
the
same
tax
year
8
up
to
an
amount
equal
to
ninety
percent
of
the
gain
added
in
9
subparagraph
(2).
10
c.
The
director
shall
prescribe
rules
to
carry
out
the
11
provisions
of
this
subsection,
including
the
creation
of
forms
12
for
a
taxpayer
to
use
to
report
gain
and
loss
for
event-driven
13
contracts.
14
Sec.
9.
Section
422.16,
subsection
2,
Code
2026,
is
amended
15
by
adding
the
following
new
paragraph:
16
NEW
PARAGRAPH
.
0e.
(1)
For
purposes
of
this
subsection,
17
state
income
tax
shall
be
withheld
on
gains
in
excess
of
six
18
hundred
dollars
derived
from
an
event-driven
contract
that
is
19
subject
to
federal
taxation
under
section
1256
of
the
Internal
20
Revenue
Code.
21
(2)
For
purposes
of
this
paragraph,
“event-driven
contract”
22
means
the
same
as
defined
in
section
99H.1.
23
Sec.
10.
Section
422.35,
Code
2026,
is
amended
by
adding
the
24
following
new
subsection:
25
NEW
SUBSECTION
.
15.
a.
For
purposes
of
this
subsection,
26
“event-driven
contract”
means
the
same
as
defined
in
section
27
99H.1.
28
b.
Section
1256
of
the
Internal
Revenue
Code,
with
respect
29
to
event-driven
contracts,
does
not
apply
in
computing
net
30
income
for
state
tax
purposes.
If
the
taxpayer’s
federal
31
taxable
income
for
the
tax
year
was
increased
or
decreased
32
by
reason
of
the
application
of
section
1256
of
the
Internal
33
Revenue
Code
with
regard
to
event-driven
contracts,
the
34
taxpayer
shall
recompute
net
income
for
state
tax
purposes
as
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follows:
1
(1)
Subtract
net
gain
or
add
net
loss
from
event-driven
2
contracts,
including
any
loss
carried
back
from
a
previous
tax
3
year.
4
(2)
Add
gain
from
each
event-driven
contract.
5
(3)
If
the
taxpayer
itemized
deductions,
subtract
the
total
6
loss
from
each
event-driven
contract
for
the
same
tax
year
7
up
to
an
amount
equal
to
ninety
percent
of
the
gain
added
in
8
subparagraph
(2).
9
c.
The
director
shall
prescribe
rules
to
carry
out
the
10
provisions
of
this
subsection,
including
the
creation
of
forms
11
for
a
taxpayer
to
use
to
report
gain
and
loss
for
event-driven
12
contracts.
13
Sec.
11.
RETROACTIVE
APPLICABILITY.
The
following
apply
14
retroactively
to
January
1,
2026,
for
tax
years
beginning
on
15
or
after
that
date:
16
1.
The
section
of
this
Act
enacting
section
422.7,
17
subsection
41.
18
2.
The
section
of
this
Act
enacting
section
422.33,
19
subsection
15.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
event-driven
contracts
traded
on
24
dedicated
contract
markets
by
requiring
a
permit
to
conduct
25
business
in
the
state,
imposing
a
tax
on
adjusted
revenues,
and
26
making
adjustments
to
individual
and
corporate
income
taxes.
27
REGULATION
AND
ADMINISTRATION.
The
bill
defines
28
“event-driven
contract”
to
generally
mean
a
financial
29
derivative
traded
on
a
designated
contract
market
(prediction
30
market)
that
is
regulated
by
the
federal
commodity
futures
31
trading
commission
that
provides
a
fixed
binary
payout
based
32
upon
the
occurrence
or
nonoccurrence
of
a
specific
future
event
33
rather
than
being
based
upon
the
continuous
fluctuation
of
a
34
security
price,
commodity
value,
or
interest
rate.
The
bill
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limits
event-driven
contracts
to
those
financial
derivatives
1
relating
to
sporting
activities,
elections,
legislative
2
actions,
and
economic
indicators.
3
The
bill
prohibits
a
person
from
engaging
in
the
business
of
4
serving
as
a
prediction
market
at
any
place
of
business
in
this
5
state
or
through
delivery
sales,
unless
the
person
obtains
a
6
permit
through
the
department
of
revenue
(department).
7
The
bill
directs
the
department
to
administer
the
bill.
The
8
bill
requires
an
application
for
a
permit
to
be
made
to
the
9
department
in
an
electronic
format
or
made
in
any
other
manner
10
prescribed
by
the
department
accompanied
by
any
associated
11
fees
required
for
the
permit
and
any
supporting
documentation
12
required.
The
application
shall
include
information
that
is
13
reasonably
necessary
to
identify
the
person
applying
for
the
14
permit
and
to
administer
and
collect
the
taxes
imposed
under
15
the
bill.
The
bill
establishes
the
initial
fee
to
obtain
a
16
permit
at
$10
million.
All
permits
expire
June
30.
The
annual
17
renewal
permit
fee
is
established
at
$100,000.
18
The
bill
imposes
a
new
tax
on
the
adjusted
revenues
received
19
each
fiscal
year
by
a
prediction
market
from
any
event-driven
20
contracts
authorized
at
the
rate
of
20
percent.
The
bill
21
defines
“adjusted
revenues”.
22
The
bill
specifies
all
revenues
generated
from
the
fees
and
23
the
new
tax
are
credited
to
the
general
fund
of
the
state.
24
INDIVIDUAL
AND
CORPORATE
INCOME
TAXES.
The
starting
point
25
for
determining
either
individual
or
corporate
Iowa
net
income
26
is
federal
taxable
income.
The
bill
specifies
section
1256
of
27
the
Internal
Revenue
Code
(IRC),
with
respect
to
event-driven
28
contracts,
does
not
apply
in
computing
net
income
for
purposes
29
of
state
individual
and
corporate
income
taxes.
The
bill
30
requires
a
taxpayer
to
recompute
the
gains
and
losses
from
31
event-driven
contracts
including
any
loss
carried
back
for
32
purposes
of
Iowa
net
income
and
then
requires
the
taxpayer
33
to
add
back
the
gain
derived
from
trading
on
a
prediction
34
market
if
the
trade
involves
an
event-driven
contract.
If
the
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taxpayer
itemized
deductions
on
the
taxpayer’s
federal
return,
1
the
bill
requires
the
taxpayer
to
subtract
the
total
loss
from
2
each
event-driven
contract
up
to
an
amount
equal
to
90
percent
3
of
the
gains
added
back
from
event-driven
contracts.
4
The
bill
requires
state
income
tax
to
be
withheld
on
gains
5
derived
from
an
event-driven
contract
that
is
subject
to
6
federal
taxation
under
section
1256
of
the
IRC
and
is
in
excess
7
of
$600.
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