Text: HF00386                           Text: HF00388
Text: HF00300 - HF00399                 Text: HF Index
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House File 387

Partial Bill History

Bill Text

PAG LIN
  1  1                                    HOUSE FILE 387     
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO CONFIDENTIALITY FOR CERTAIN TAXPAYER
  1  5    COMMUNICATIONS.  
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  NEW SECTION.  622.10A  TAX ADVICE –
  1 10 CONFIDENTIAL COMMUNICATIONS.
  1 11    1.  With respect to communications involving tax advice
  1 12 between a taxpayer and a federally authorized tax
  1 13 practitioner, the same protections of confidentiality which
  1 14 apply to a communication between a taxpayer and an attorney
  1 15 shall also apply to that communication to the extent the
  1 16 communication would be considered a privileged communication
  1 17 if it were between a taxpayer and an attorney.
  1 18    2.  The confidentiality privilege under this section
  1 19 applies to either of the following:
  1 20    a.  A noncriminal tax matter before the Iowa department of
  1 21 revenue and finance.
  1 22    b.  A noncriminal tax proceeding in federal or state court
  1 23 brought by or against the state of Iowa.
  1 24    3.  As used in this section:
  1 25    a.  "Federally authorized tax practitioner" means an
  1 26 individual who is authorized under federal law to practice
  1 27 before the Internal Revenue Service if such practice is
  1 28 subject to federal regulation under 31 U.S.C. } 330.
  1 29    b.  "Tax advice" means advice given by an individual with
  1 30 respect to a matter which is within the scope of the
  1 31 individual's authority to practice described in paragraph "a".
  1 32    4.  The confidentiality privilege under this section shall
  1 33 not apply to a written communication between a federally
  1 34 authorized tax practitioner and a director, shareholder,
  1 35 officer, employee, agent, or representative of a corporation
  2  1 in connection with the promotion of the direct or indirect
  2  2 participation of that corporation in a tax shelter as defined
  2  3 in section 6662(d)(2)(C)(iii) of the Internal Revenue Code.  
  2  4 
  2  5 
  2  6                                                             
  2  7                               RON J. CORBETT
  2  8                               Speaker of the House
  2  9 
  2 10 
  2 11                                                             
  2 12                               MARY E. KRAMER
  2 13                               President of the Senate
  2 14 
  2 15    I hereby certify that this bill originated in the House and
  2 16 is known as House File 387, Seventy-eighth General Assembly.
  2 17 
  2 18 
  2 19                                                             
  2 20                               ELIZABETH ISAACSON
  2 21                               Chief Clerk of the House
  2 22 Approved                , 1999
  2 23 
  2 24 
  2 25                               
  2 26 THOMAS J. VILSACK
  2 27 Governor
     

Text: HF00386                           Text: HF00388
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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