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Text: H05893                            Text: H05895
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House Amendment 5894

Amendment Text

PAG LIN
  1  1    Amend Senate File 2298, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  Page 1, by inserting after line 11 the
  1  4 following:
  1  5    "Sec.    .  Section 421.60, Code Supplement 1995,
  1  6 is amended by adding the following new subsection:
  1  7    NEW SUBSECTION.  11.  SANCTIONS.
  1  8    a.  The department may be awarded in an
  1  9 administrative proceeding, contested case proceeding,
  1 10 or court proceeding related to the determination or
  1 11 collection of a tax, penalty, or interest, a penalty
  1 12 not in excess of twenty-five thousand dollars by the
  1 13 department, state board of tax review, or a court,
  1 14 based upon any of the following:
  1 15    (1)  The proceeding has been instituted or caused
  1 16 by the taxpayer primarily for delay.
  1 17    (2)  The taxpayer's position in the proceeding is
  1 18 frivolous or groundless.
  1 19    b.  All of the provisions of section 422.26 shall
  1 20 apply in respect to the penalty awarded by the
  1 21 department or state board of tax review.  The lien for
  1 22 the penalty shall attach on the date of recordation
  1 23 and shall continue for ten years unless sooner
  1 24 released or discharged.  The lien may be extended by
  1 25 filing for record a notice and from the time of that
  1 26 filing, the lien shall be extended to the property in
  1 27 the county for ten years, unless sooner released or
  1 28 otherwise discharged, with no limit on the number of
  1 29 extensions.  The lien shall be recorded by the county
  1 30 recorder in the book associated with tax, penalty, or
  1 31 interest for which the penalty was awarded.
  1 32    c.  All penalties paid or collected shall be
  1 33 deposited in the general fund of the state."
  1 34    #2.  Title page, line 1, by striking the words "to
  1 35 a prevailing taxpayer" and inserting the following:
  1 36 "or penalty to a prevailing party".  
  1 37 
  1 38 
  1 39                               
  1 40 COMMITTEE ON WAYS AND MEANS
  1 41 HALVORSON of Clayton, Chairperson
  1 42 SF 2298.303 76
  1 43 mg/cf
     

Text: H05893                            Text: H05895
Text: H05800 - H05899                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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