Senate
Study
Bill
1243
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
REVENUE
BILL)
A
BILL
FOR
An
Act
relating
to
the
administration
of
the
tax
and
related
1
laws
of
the
department
of
revenue,
including
administration
2
of
income
taxes,
sales
and
use
and
excise
taxes,
an
3
environmental
protection
charge,
and
property
taxes.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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DIVISION
I
1
INCOME
TAXES
2
Section
1.
Section
422.25,
subsection
1,
paragraph
b,
Code
3
2013,
is
amended
to
read
as
follows:
4
b.
The
period
for
examination
and
determination
of
the
5
correct
amount
of
tax
is
unlimited
in
the
case
of
a
false
or
6
fraudulent
return
made
with
the
intent
to
evade
tax
or
in
the
7
case
of
a
failure
to
file
a
return.
In
lieu
of
the
period
8
of
limitation
for
any
prior
year
for
which
an
overpayment
of
9
tax
or
an
elimination
or
reduction
of
an
underpayment
of
tax
10
due
for
that
prior
year
results
from
the
carryback
to
that
11
prior
year
of
a
net
operating
loss
or
net
capital
loss,
the
12
period
is
the
period
of
limitation
for
the
taxable
year
of
the
13
net
operating
loss
or
net
capital
loss
which
results
in
the
14
carryback.
If
the
tax
found
due
is
greater
than
the
amount
15
paid,
the
department
shall
compute
the
amount
due,
together
16
with
interest
and
penalties
as
provided
in
subsection
2
,
and
17
shall
mail
a
notice
of
assessment
to
the
taxpayer
and,
if
18
applicable,
to
the
taxpayer’s
authorized
representative
of
the
19
total,
which
shall
be
computed
as
a
sum
certain
if
paid
on
or
20
before
,
with
interest
computed
to
the
last
day
of
the
month
21
in
which
the
notice
is
dated
,
or
on
or
before
the
last
day
of
22
the
following
month
if
the
notice
is
dated
after
the
twentieth
23
day
of
any
month.
The
notice
shall
also
inform
the
taxpayer
24
of
the
additional
interest
and
penalty
which
will
be
added
to
25
the
total
due
if
not
paid
on
or
before
the
last
day
of
the
26
applicable
month
.
27
DIVISION
II
28
SALES
TAXES
29
Sec.
2.
Section
423.37,
subsection
2,
Code
2013,
is
amended
30
to
read
as
follows:
31
2.
If
a
return
required
by
this
subchapter
is
not
filed,
32
or
if
a
return
when
filed
is
incorrect
or
insufficient
and
33
the
maker
fails
to
file
a
corrected
or
sufficient
return
34
within
twenty
days
after
the
same
is
required
by
notice
from
35
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the
department
,
the
department
shall
determine
the
amount
of
1
tax
due
from
information
as
the
department
may
be
able
to
2
obtain
and,
if
necessary,
may
estimate
the
tax
on
the
basis
of
3
external
indices,
such
as
number
of
employees
of
the
person
4
concerned,
rentals
paid
by
the
person,
stock
on
hand,
or
other
5
factors.
The
determination
may
be
made
using
any
generally
6
recognized
valid
and
reliable
sampling
technique,
whether
or
7
not
the
person
being
audited
has
complete
records,
as
mutually
8
agreed
upon
by
the
department
and
the
taxpayer.
The
department
9
shall
give
notice
of
the
determination
to
the
person
liable
10
for
the
tax.
The
determination
shall
fix
the
tax
unless
the
11
person
against
whom
it
is
assessed
shall,
within
sixty
days
12
after
the
giving
of
notice
of
the
determination,
apply
to
the
13
director
for
a
hearing
or
unless
the
taxpayer
contests
the
14
determination
by
paying
the
tax,
interest,
and
penalty
and
15
timely
filing
a
claim
for
refund.
At
the
hearing,
evidence
may
16
be
offered
to
support
the
determination
or
to
prove
that
it
is
17
incorrect.
After
the
hearing
the
director
shall
give
notice
of
18
the
decision
to
the
person
liable
for
the
tax.
19
DIVISION
III
20
ENVIRONMENTAL
PROTECTION
CHARGE
21
Sec.
3.
Section
424.10,
subsection
2,
paragraph
a,
Code
22
2013,
is
amended
to
read
as
follows:
23
a.
If
a
return
required
by
this
chapter
is
not
filed,
or
24
if
a
return
when
filed
is
incorrect
or
insufficient
and
the
25
maker
fails
to
file
a
corrected
or
sufficient
return
within
26
twenty
days
after
the
return
is
required
by
notice
from
the
27
department
,
the
department
shall
determine
the
amount
of
charge
28
due
from
information
as
the
department
may
be
able
to
obtain
29
and,
if
necessary,
may
estimate
the
charge
on
the
basis
of
30
external
indices
or
factors.
The
department
shall
give
notice
31
of
the
determination
to
the
person
liable
for
the
charge.
The
32
determination
shall
fix
the
charge
unless
the
person
against
33
whom
it
is
assessed
shall,
within
sixty
days
after
the
date
34
of
the
notice
of
the
determination,
apply
to
the
director
for
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a
hearing
or
unless
the
person
against
whom
it
is
assessed
1
contests
the
determination
by
paying
the
charge,
interest,
and
2
penalty
and
timely
filing
a
claim
for
refund.
At
the
hearing
3
evidence
may
be
offered
to
support
the
determination
or
to
4
prove
that
it
is
incorrect.
After
the
hearing
the
director
5
shall
give
notice
of
the
decision
to
the
person
liable
for
the
6
charge.
7
DIVISION
IV
8
PROPERTY
TAX
9
Sec.
4.
Section
421.17,
subsection
2,
Code
2013,
is
amended
10
by
adding
the
following
new
paragraph:
11
NEW
PARAGRAPH
.
d.
To
facilitate
uniformity
and
equalization
12
of
assessments
throughout
the
state
of
Iowa
and
to
facilitate
13
transfers
of
funds
to
local
governments,
the
director
may
14
use
geographic
information
system
technology
and
may
require
15
assessing
authorities
and
local
governments
to
provide
16
information
to
the
department
electronically
using
electronic
17
geographic
information
system
file
formats.
18
Sec.
5.
Section
441.5,
subsection
1,
Code
2013,
is
amended
19
to
read
as
follows:
20
1.
For
the
purpose
of
examining
and
certifying
candidates
21
for
the
positions
of
assessor
and
deputy
assessor,
the
22
director
of
revenue
shall
prepare
and
administer
a
written
23
an
examination
and
provide
for
an
examination
process
.
The
24
examinations
shall
be
administered
twice
each
year
in
the
city
25
of
Des
Moines.
Notification
of
the
time,
place,
and
date
26
of
the
examinations
shall
be
mailed
to
each
city
and
county
27
assessor,
county
auditor
and
chairperson
of
each
city
and
28
county
conference
board
The
director
shall
approve
one
or
more
29
examination
locations
and
shall
make
a
list
of
the
approved
30
locations
available
to
applicants.
Each
applicant
shall
select
31
an
examination
location
from
the
list
of
approved
locations.
32
The
director
shall
notify
applicants
of
the
date
and
time
of
33
the
examination
at
least
thirty
days
prior
to
the
date
of
the
34
examination.
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Sec.
6.
Section
441.5,
subsection
4,
Code
2013,
is
amended
1
to
read
as
follows:
2
4.
The
director
of
revenue
shall
grade
the
examination
3
taken.
The
director
shall
notify
,
in
writing,
each
applicant
4
of
the
score
attained
by
the
applicant
on
the
examination.
An
5
individual
who
attains
a
score
of
seventy
percent
or
greater
on
6
the
examination
is
eligible
to
be
certified
by
the
director
of
7
revenue
as
a
candidate
for
any
assessor
position.
Any
person
8
who
passes
the
examination
and
who
possesses
at
least
two
years
9
of
appraisal
related
experience
as
determined
by
the
director
10
of
revenue
shall
be
granted
regular
certification
and
become
11
eligible
for
appointment
to
a
six-year
term
as
assessor.
Any
12
person
who
passes
the
examination
but
who
lacks
such
experience
13
shall
be
granted
temporary
certification,
and
shall
be
eligible
14
for
a
provisional
appointment
as
assessor.
15
EXPLANATION
16
This
bill
relates
to
the
administration
of
the
tax
and
17
related
laws
by
the
department
of
revenue.
18
Division
I
relates
to
the
individual
and
corporate
income
19
tax.
The
division
strikes
language
in
Code
section
422.25
20
to
eliminate
the
requirement
that
notices
of
assessment
21
issued
after
the
twentieth
day
of
a
month
include
an
interest
22
calculation
for
the
next
month.
By
reference,
this
change
23
applies
to
the
real
estate
transfer
tax
in
Code
chapter
428A.
24
Division
II
relates
to
sales
and
use
taxes
and,
by
reference,
25
the
monitor
vending
machine
excise
tax,
motor
vehicle
fee
for
26
new
registration,
the
hotel
and
motel
tax,
the
local
option
27
sales
and
services
tax,
the
automobile
rental
excise
tax,
and
28
the
equipment
tax.
29
The
division
strikes
language
in
Code
section
423.37
to
30
eliminate
the
requirement
that
the
department
send
a
notice
31
to
filers
of
applicable
tax
returns
if
the
return
is
either
32
incorrect
or
insufficient.
The
department
would
be
authorized
33
to
determine
the
amount
of
tax
due
and
send
a
notice
of
34
assessment
to
the
person
liable
for
the
tax.
35
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Division
III
relates
to
the
environmental
protection
charge
1
on
petroleum
diminution.
2
The
division
strikes
language
in
Code
section
422.10
to
3
eliminate
the
requirement
that
the
department
send
a
notice
to
4
filers
of
environmental
protection
charge
returns
if
the
return
5
is
either
incorrect
or
insufficient.
The
department
would
be
6
authorized
to
determine
the
amount
of
tax
due
and
send
a
notice
7
of
assessment
to
the
person
liable
for
the
tax.
8
Division
IV
relates
to
property
taxes.
9
The
division
amends
the
powers
and
duties
of
the
director
10
of
revenue
in
Code
section
421.17
to
allow
the
director
to
use
11
geographic
information
system
(GIS)
technology
to
facilitate
12
uniformity
and
equalization
of
assessments
and
to
facilitate
13
transfers
of
funds
to
local
governments.
The
director
may
also
14
require
assessing
authorities
and
local
governments
to
provide
15
information
to
the
department
electronically
using
GIS
file
16
formats.
17
The
division
amends
the
procedures
related
to
the
18
examination
in
Code
section
441.5
for
assesors
and
deputy
19
assessors
by
removing
requirements
that
the
director
of
revenue
20
administer
a
written
examination
biannually
in
the
city
of
Des
21
Moines,
that
notification
of
the
time
and
place
of
examinations
22
be
mailed
30
days
in
advance
to
each
city
and
county
assessor,
23
county
auditor,
and
chairperson
of
each
city
and
county
24
conference
board,
and
that
each
applicant
be
notified
in
25
writing
of
their
examination
score.
The
amended
language
would
26
require
that
the
director
prepare
an
examination
and
provide
27
for
an
examination
process,
approve
one
or
more
examination
28
locations
and
make
a
list
of
the
approved
locations
available
29
to
applicants,
notify
applicants
30
days
in
advance
of
the
30
date
and
time
of
their
examination,
and
notify
applicants
of
31
their
examination
score.
Applicants
would
be
able
to
select
32
an
examination
location
from
the
list
of
approved
locations
33
provided
by
the
director.
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