Text: S05106 Text: S05108 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend the Senate amendment, H-5079, to House File
1 2 2114, as amended, passed, and reprinted by the House,
1 3 as follows:
1 4 #1. Page 1, by striking lines 3 through 21.
1 5 #2. Page 1, by striking line 42 and inserting the
1 6 following:
1 7 "................................................. $ 1,050,000".
1 8 #3. By striking page 1, line 45, through page 2,
1 9 line 13.
1 10 #4. Page 2, by striking lines 14 through 36.
1 11 #5. By striking page 2, line 37 through page 3,
1 12 line 13.
1 13 #6. Page 3, by striking lines 16 through 48.
1 14 #7. Page 4, by striking lines 1 through 47 and
1 15 inserting the following:
1 16 ""Sec. . DEPARTMENT OF REVENUE AND FINANCE –
1 17 REFUND CLAIMS. There is appropriated from the general
1 18 fund of the state to the department of revenue and
1 19 finance for the fiscal year beginning July 1, 1995,
1 20 and ending June 30, 1996, an amount estimated by the
1 21 department to be sufficient to pay all refund claims
1 22 timely filed pursuant to section 422.73, subsection 3,
1 23 as enacted by this Act, and to pay up to $75,000 for
1 24 processing such claims.
1 25 Notwithstanding section 8.33, moneys appropriated
1 26 in this section which remain unexpended or unobligated
1 27 at the close of the fiscal year shall not revert to
1 28 the general fund of the state but shall remain
1 29 available for expenditure in the succeeding fiscal
1 30 year for the purposes of paying refund claims and
1 31 processing costs as provided and the moneys are not
1 32 subject to transfer under section 8.39.
1 33 Sec. . Section 422.73, Code 1995, is amended by
1 34 adding the following new subsection:
1 35 NEW SUBSECTION. 3. Notwithstanding subsection 2,
1 36 a claim for refund of individual income tax paid for
1 37 any tax year beginning on or after January 1, 1985,
1 38 and before January 1, 1989, is considered timely if
1 39 filed with the department on or before October 31,
1 40 1996, if the taxpayer's claim is the result of the
1 41 unconstitutional taxation of federal pension benefits
1 42 based upon the decision in Davis v. Michigan
1 43 Department of Treasury, 489 US. 803, 109 S. Ct. 1500
1 44 (1989).
1 45 A taxpayer entitled to a refund of tax paid under
1 46 this subsection shall receive an amount equal to one
1 47 hundred percent of the refund without interest. The
1 48 claim for refund shall be filed separate from any
1 49 income tax return and shall not be allowed as a credit
1 50 for income taxes owed. A claim shall be filed between
2 1 the effective date of this subsection and October 31,
2 2 1996. An extension for filing shall not be allowed
2 3 and claims disallowed on the basis of timeliness shall
2 4 not be allowed upon appeal to any other state agency
2 5 notwithstanding any other provision of law.
2 6 The claim for refund shall be made on claim forms
2 7 to be made available by the department. In order for
2 8 a taxpayer to have a valid refund claim, the taxpayer
2 9 must supply legible copies of documents the director
2 10 deems necessary to show entitlement to the refund,
2 11 including but not limited to income tax forms and W-2P
2 12 forms, which will establish the state income tax that
2 13 was paid on the federal pension benefits for the tax
2 14 years in question. The burden of proof is on the
2 15 taxpayer to show that the claim for refund is valid.
2 16 Estates are not entitled to file a claim for refund
2 17 under this subsection. However, if a taxpayer has
2 18 filed a claim under this subsection and subsequently
2 19 dies before receipt of the refund, the taxpayer's
2 20 estate is entitled to receipt of any valid refund
2 21 claim.
2 22 The department shall make a reasonable attempt to
2 23 notify individuals who are entitled to a refund under
2 24 this subsection.""
2 25 HF 2114H
2 26 jp/pk/25
Text: S05106 Text: S05108 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
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