Text: HF02242 Text: HF02244 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 425.42 ELDERLY HOMESTEAD
1 2 PROPERTY TAX LIMITATION CREDIT – QUALIFICATIONS.
1 3 An elderly person may receive an elderly homestead tax
1 4 limitation credit applied to the homestead of the elderly
1 5 person as provided in this division. An elderly person is
1 6 qualified to receive the elderly homestead tax limitation
1 7 credit if the person meets all of the following requirements:
1 8 1. Is at least sixty-five years old during the fiscal year
1 9 the credit will apply.
1 10 2. Owns the homestead for which the tax credit will apply.
1 11 3. Has owned the homestead for the previous five fiscal
1 12 years. Any portion of the first fiscal year the homestead was
1 13 owned in excess of four months shall be considered one year
1 14 for the purposes of this requirement.
1 15 4. Has annual household income of fifty thousand dollars
1 16 or less.
1 17 Sec. 2. NEW SECTION. 425.43 DEFINITIONS.
1 18 As used in this division:
1 19 1. "Claimant" means a person filing a claim for credit
1 20 under this division who meets the criteria specified in
1 21 section 425.42 and was domiciled in this state during the
1 22 entire calendar year last ending before the claim is filed,
1 23 and is domiciled in this state at the time the claim is filed.
1 24 2. "Homestead" means the dwelling owned and actually used
1 25 as a home by the claimant during all or part of the calendar
1 26 year last ending before the claim is filed, and so much of the
1 27 land surrounding it including one or more contiguous lots or
1 28 tracts of land, as is reasonably necessary for use of the
1 29 dwelling as a home, and may consist of a part of a
1 30 multidwelling or multipurpose building and a part of the land
1 31 upon which it is built. A homestead must be located in this
1 32 state. When a person is confined in a nursing home, extended-
1 33 care facility, or hospital, the person shall be considered as
1 34 occupying or living in the person's homestead if the person is
1 35 the owner of the homestead and the person maintains the
2 1 homestead and does not lease, rent, or otherwise receive
2 2 profits from other persons for the use of the homestead.
2 3 3. "Household" means a claimant, spouse, and any person
2 4 related to the claimant or spouse by blood, marriage, or
2 5 adoption and living with the claimant at any time during the
2 6 base year. "Living with" refers to domicile and does not
2 7 include a temporary visit.
2 8 4. "Household income" means household income as defined in
2 9 section 425.17, subsection 6.
2 10 5. "Income" means income as defined in section 425.17,
2 11 subsection 7.
2 12 6. "Property taxes due" means property taxes due as
2 13 defined in section 425.17, subsection 8.
2 14 7. "Special assessment" means special assessment as
2 15 defined in section 425.17, subsection 10.
2 16 Sec. 3. NEW SECTION. 425.44 RIGHT TO FILE A CLAIM.
2 17 The right to file a claim for credit under this division
2 18 may be exercised by the claimant or on behalf of a claimant by
2 19 the claimant's legal guardian, spouse, or attorney, or by the
2 20 executor or administrator of the claimant's estate.
2 21 Only one claimant per household per fiscal year shall be
2 22 entitled to a credit under this division.
2 23 Sec. 4. NEW SECTION. 425.45 APPLICATION FOR ELDERLY
2 24 PROPERTY TAX LIMITATION CREDIT.
2 25 Subject to the limitations provided in this division, a
2 26 claimant may annually claim a credit for property taxes due
2 27 during the fiscal year following the timely filing of a claim
2 28 for credit. The claim shall be filed not later than July 1 of
2 29 the year for which the person is claiming the credit. A claim
2 30 filed after July 1 of the year for which the person is
2 31 claiming the credit shall be considered as a claim filed for
2 32 the following year.
2 33 Sec. 5. NEW SECTION. 425.46 VERIFICATION OF CLAIMS.
2 34 Not later than July 6 of each year, the assessor shall
2 35 remit the claims for credit to the county auditor with the
3 1 assessor's recommendation for allowance or disallowance. If
3 2 the assessor recommends disallowance of a claim, the assessor
3 3 shall submit the reasons for the recommendation, in writing,
3 4 to the county auditor.
3 5 The county auditor shall forward the claims to the board of
3 6 supervisors. The board shall allow or disallow the claims.
3 7 If the board disallows a claim, it shall send written notice,
3 8 by mail, to the claimant at the claimant's last known address.
3 9 The notice shall state the reasons for disallowing the claim
3 10 for the credit. The board is not required to send notice that
3 11 a claim is disallowed if the claimant voluntarily withdraws
3 12 the claim.
3 13 Sec. 6. NEW SECTION. 425.47 COMPUTATION OF ELDERLY
3 14 HOMESTEAD PROPERTY TAX LIMITATION CREDIT – APPROPRIATION.
3 15 1. There is appropriated from the general fund of the
3 16 state the amounts necessary to reimburse the taxing districts
3 17 for the amount of the credits provided under this division.
3 18 2. The appropriation shall be sufficient to reimburse the
3 19 taxing districts for the amount of a credit against the
3 20 property tax on each eligible homestead. The moneys shall be
3 21 apportioned each year so as to replace all of the tax which
3 22 would have been due on property eligible for the elderly
3 23 homestead property tax limitation credit in the state but for
3 24 this limitation. The credit is equal to the difference
3 25 between the amount of property taxes due in the fiscal year
3 26 for which the claim is made and the amount of property taxes,
3 27 less any credit received under this division, due in the
3 28 previous fiscal year. However, if the amount of property
3 29 taxes due in the fiscal year for which the claim is made is
3 30 less than the amount of property taxes due in the previous
3 31 fiscal year, less any credit received under this division, the
3 32 amount of taxes due and payable shall be the lesser amount.
3 33 3. On or before August 1 of each year the county auditor
3 34 shall certify to the county treasurer all claims for elderly
3 35 homestead property tax limitation credits under this division
4 1 which have been allowed by the board of supervisors. Such
4 2 certificate shall list the total amount of dollars, listed by
4 3 taxing district in the county, due for elderly homestead
4 4 property tax credits claimed and allowed under this division.
4 5 The county treasurer shall certify to the department of
4 6 revenue and finance the amount of dollars, listed by taxing
4 7 district in the county, due for elderly homestead property tax
4 8 limitation credits claimed and allowed under this division.
4 9 4. Sums distributable from the general fund of the state
4 10 shall be allocated annually to the counties of the state. On
4 11 September 15 annually the director of revenue and finance
4 12 shall certify and draw warrants to the treasurer of each
4 13 county payable from the general fund of the state in the
4 14 amount claimed. Payments shall be made to the treasurer of
4 15 each county not later than September 30 of each year.
4 16 5. The amount of credits received under this division
4 17 shall then be apportioned by each county treasurer to the
4 18 several taxing districts. Each taxing district shall receive
4 19 its proportionate share of the elderly homestead property tax
4 20 limitation credit allowed in such taxing district, in the
4 21 proportion that the levy made by such taxing district upon
4 22 general property bears to the total levy upon all property
4 23 subject to general property taxation by all taxing districts
4 24 imposing a general property tax in such taxing district.
4 25 6. If the amount of credit apportioned to a homestead
4 26 eligible for the credit under this division in any year
4 27 exceeds the total tax on the homestead, exclusive of any
4 28 special assessments levied against the homestead, the excess
4 29 shall not be refunded to the claimant.
4 30 7. If a claim for credit made has been denied by the board
4 31 of supervisors, and the action is subsequently reversed on
4 32 appeal, the credit shall be allowed, and the director of
4 33 revenue and finance, the county auditor, and the county
4 34 treasurer shall credit and change their records accordingly.
4 35 Sec. 7. NEW SECTION. 425.48 FORMS – RULES.
5 1 The director of revenue and finance shall make available
5 2 suitable forms with instructions for claimants. Each assessor
5 3 and county treasurer shall make available the forms and
5 4 instructions. The claim shall be in a form as the director
5 5 may prescribe. The director of revenue and finance shall have
5 6 the power and authority to prescribe rules necessary to
5 7 administer this division.
5 8 Sec. 8. NEW SECTION. 425.49 WAIVER OF CONFIDENTIALITY.
5 9 A claimant shall expressly waive any right to
5 10 confidentiality relating to all income tax information
5 11 obtainable through the department of revenue and finance,
5 12 including all information covered by sections 422.20 and
5 13 422.72. This waiver shall apply to information available to
5 14 the county treasurer who shall hold the information
5 15 confidential except that it may be used as evidence to
5 16 disallow the credit.
5 17 Sec. 9. NEW SECTION. 425.50 FALSE CLAIM – PENALTY.
5 18 A person who makes a false affidavit for the purpose of
5 19 obtaining credit provided for in this division or who
5 20 knowingly receives the credit without being legally entitled
5 21 to it or makes claim for the credit in more than one county in
5 22 the state without being legally entitled to it is guilty of a
5 23 fraudulent practice. Prosecution under this section shall be
5 24 brought in the county of residence of the person to be
5 25 charged. The claim for credit shall be disallowed in full and
5 26 if the claim has been paid the amount shall be recovered in
5 27 the manner provided for recovery of credits in section 425.27.
5 28 The director of revenue and finance shall send a notice of
5 29 disallowance of the claim.
5 30 Sec. 10. NEW SECTION. 425.51 NOTICES.
5 31 Section 422.57, subsection 1, shall apply to all notices
5 32 under this division.
5 33 EXPLANATION
5 34 This bill creates an elderly homestead property tax
5 35 limitation credit.
6 1 To qualify for the credit, a person must be 65 years old,
6 2 own the homestead in which the person lives, have lived in the
6 3 homestead for the previous five years, and have an annual
6 4 household income of $50,000 or less. The amount of the credit
6 5 is the amount by which the fiscal year's property taxes on the
6 6 homestead exceed the amount of property taxes levied on the
6 7 homestead in the previous fiscal year. The credit is
6 8 nonrefundable.
6 9 The bill also provides that taxing districts are to be
6 10 reimbursed by the state for the amount of elderly homestead
6 11 property tax limitation credits allowed by each taxing
6 12 district.
6 13 LSB 3039YH 76
6 14 sc/cf/24
Text: HF02242 Text: HF02244 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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