Text: S05743                            Text: S05745
Text: S05700 - S05799                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

Get Version To Print

Senate Amendment 5744

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 SF 2298H
  1 38 mg/pk/25
     

Text: S05743                            Text: S05745
Text: S05700 - S05799                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

Iowa General Assembly

Search: Senate Bills and Amendments (76th General Assembly)

© 1996 Cornell College and League of Women Voters of Iowa

Comments? webmaster@legis.iowa.gov.

Last update: Wed Apr 17 03:24:54 CDT 1996
URL: /DOCS/GA/76GA/Legislation/S/05700/S05744/960412.html
jhf