Text: HF00754 Text: HF00756 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 755 1 2 AN ACT 1 3 RELATING TO THE TIME LIMIT WHEN PROPERTY OMITTED FROM ASSESS- 1 4 MENT MAY BE ASSESSED AND WHEN A TAXPAYER MAY RECEIVE A 1 5 REFUND FOR ERRONEOUS PROPERTY TAXES PAID AND INCLUDING 1 6 AN EFFECTIVE DATE PROVISION. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 440.1, Code 1999, is amended to read as 1 11 follows: 1 12 440.1 ASSESSMENT OF OMITTED PROPERTY. 1 13 When the director of revenue and finance is vested with the 1 14 power and duty to assess property and an assessment has, for 1 15 any reason, been omitted, the director shall proceed to assess 1 16 the propertyfor each of the omitted yearsat any time within 1 17 two years from the date at which such assessment should have 1 18 been made. The omitted assessmentshall onlymay apply to not 1 19 more than the assessment year in which the omitted assessment 1 20 is made and thefourprior assessmentyearsyear. Chapter 429 1 21 shall apply to assessments of omitted property. 1 22 Sec. 2. Section 440.5, Code 1999, is amended to read as 1 23 follows: 1 24 440.5 PROCEDURE – PENALTY. 1 25 If it is made to appear thatsaidthe property is 1 26 assessable by the director of revenue and finance as omitted 1 27 property, the director shall proceed in the manner in which 1 28 the director would have proceeded had the assessment not been 1 29 omitted, except that the director shall find the value ofsuch1 30 the omitted property for each year during which it has been 1 31 omitted but for not more than the two previous assessment 1 32 years and shall add ten percent to each yearly value as a 1 33 penalty. 1 34 Sec. 3. Section 443.12, Code 1999, is amended to read as 1 35 follows: 2 1 443.12 CORRECTIONS BY TREASURER. 2 2 When property subject to taxation is withheld, overlooked, 2 3 or from any other cause is not listed and assessed, the county 2 4 treasurer shall, when apprised thereof, at any time within 2 5fivetwo years from the date at which such assessment should 2 6 have been made, demand of the person, firm, corporation, or 2 7 other party by whom the same should have been listed, or to 2 8 whom it should have been assessed, or of the administrator 2 9 thereof, the amount the property should have been taxed in 2 10 each year the same was so withheld or overlooked and not 2 11 listed and assessed, together with six percent interest 2 12 thereon from the time the taxes would have become due and 2 13 payable had such property been listed and assessed. 2 14 Sec. 4. Section 443.15, Code 1999, is amended to read as 2 15 follows: 2 16 443.15 TIME LIMIT. 2 17SuchThe assessment shall be made withinfourtwo years 2 18 after the tax list shall have been delivered to the treasurer 2 19 for collection, and not afterwards, if the property is then 2 20 owned by the person who should have paid the tax. 2 21 Sec. 5. Section 443.17, Code 1999, is amended to read as 2 22 follows: 2 23 443.17 PRESUMPTION OFFIVE-YEARTWO-YEAR OWNERSHIP. 2 24 In any action or proceeding, now pending or hereafter 2 25 brought, to recover taxes upon property not listed or assessed 2 26 for taxation during the lifetime of any decedent, it shall be 2 27 presumed that any property, any evidence of ownership of 2 28 property, and any evidence of a promise to pay, owned by a 2 29 decedent at the date of the decedent's death, had been 2 30 acquired and owned by such decedent more thanfivetwo years 2 31 before the date of the decedent's death; and the burden of 2 32 proving that any such property had been acquired by such 2 33 decedent less thanfivetwo years before the date of the 2 34 decedent's death shall be upon the heirs, legatees, and legal 2 35 representatives of any such decedent. 3 1 Sec. 6. Section 445.60, Code 1999, is amended to read as 3 2 follows: 3 3 445.60 REFUNDING ERRONEOUS TAX. 3 4 The board of supervisors shall direct the county treasurer 3 5 to refund to the taxpayer any tax or portion of a tax found to 3 6 have been erroneously or illegally paid, with all interest, 3 7 fees, and costs actually paid. A refund shall not be ordered 3 8 or made unless a claim for refund is presented to the board 3 9 withinone yeartwo years of the date the tax was due, or if 3 10 appealed to the board of review, the state board of tax 3 11 review, or district court, withinone yeartwo years of the 3 12 final decision. 3 13 Sec. 7. This Act, being deemed of immediate importance, 3 14 takes effect upon enactment. 3 15 3 16 3 17 3 18 BRENT SIEGRIST 3 19 Speaker of the House 3 20 3 21 3 22 3 23 MARY E. KRAMER 3 24 President of the Senate 3 25 3 26 I hereby certify that this bill originated in the House and 3 27 is known as House File 755, Seventy-eighth General Assembly. 3 28 3 29 3 30 3 31 ELIZABETH ISAACSON 3 32 Chief Clerk of the House 3 33 Approved , 1999 3 34 3 35 4 1 4 2 THOMAS J. VILSACK 4 3 Governor
Text: HF00754 Text: HF00756 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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