Text: HSB00023 Text: HSB00025 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 421.17, subsection 34, paragraph c, 1 2 Code 1999, is amended to read as follows: 1 3 c. The director shall establish a formal debt collection 1 4 policy for use by state agencies which have not established 1 5 their own policy. Other state agencies may use the collection 1 6 facilities of the department pursuant to formal agreement with 1 7 the department. The agreement shall provide that the 1 8 information provided to the department shall be sufficient to 1 9 establish the obligation in a court of law and to render it as 1 10 a legal judgment on behalf of the state. After transferring 1 11 the file to the department for collection, an individual state 1 12 agency shall terminate all collection procedures and be 1 13 available to provide assistance to the department. Upon 1 14 receipt of the file, the department shall assume all liability 1 15 for its actions without recourse to the agency, and shall 1 16 comply with all applicable state and federal laws governing 1 17 collection of the debt. The department may use a 1 18 participating agency's statutory collection authority to 1 19 collect delinquent accounts, charges, fees, loans, taxes, or 1 20 other indebtedness owed to or being collected by the state. 1 21 The department has the powers granted in this section 1 22 regarding setoff from income tax refunds or other accounts 1 23 payable by the state for any of the obligations transferred by 1 24 state agencies. 1 25 Sec. 2. Section 422.4, subsection 17, paragraph c, Code 1 26 1999, is amended by striking the paragraph. 1 27 Sec. 3. Section 422.25, subsection 9, Code 1999, is 1 28 amended by striking the subsection. 1 29 Sec. 4. Section 422.32, subsection 2, unnumbered paragraph 1 30 1, Code 1999, is amended to read as follows: 1 31 "Business income" means income arising from transactions 1 32 and activity in the regular course of the taxpayer's trade or 1 33 business; or income from tangible and intangible property if 1 34 the acquisition, management, and disposition of the property 1 35 constitute integral parts of the taxpayer's regular trade or 2 1 business operations; or gain or loss resulting from the sale, 2 2 exchange, or other disposition of real property or of tangible 2 3 or intangible personal property, if the property while owned 2 4 by the taxpayer was operationally related to the taxpayer's 2 5 trade or business carried on in Iowa or operationally related 2 6 to sources within Iowa, or the property was operationally 2 7 related to sources outside this state and to the taxpayer's 2 8 trade or business carried on in Iowa; or gain or loss 2 9 resulting from the sale, exchange, or other disposition of 2 10 stock in another corporation if the activities of the other 2 11 corporation were operationally related to the taxpayer's trade 2 12 or business carried on in Iowa while the stock was owned by 2 13 the taxpayer. A taxpayer may have more than one regular trade 2 14 or business in determining whether income is business income. 2 15 Sec. 5. Section 422.42, subsections 6 and 18, Code 1999, 2 16 are amended to read as follows: 2 17 6. "Gross taxable services" means the total amount 2 18 received in money, credits, property, or other consideration, 2 19 valued in money, from services rendered, furnished, or 2 20 performed in this state except wheresuchthe service is 2 21 performed on tangible personal property delivered into 2 22 interstate commerce or is used in processing of tangible 2 23 personal property for use intaxableretail sales or services 2 24 and embraced within the provisions of this division. However, 2 25 the taxpayer may take credit in the taxpayer's report of gross 2 26 taxable services for an amount equal to the value of services 2 27 rendered, furnished, or performed when the full value ofsuch2 28 these servicesthereofis refunded either in cash or by 2 29 credit. Taxes paid on gross taxable services represented by 2 30 accounts found to be worthless and actually charged off for 2 31 income tax purposes may be credited upon a subsequent payment 2 32 of the tax due hereunder, but if any such accounts are 2 33 thereafter collected by the taxpayer, a tax shall be paid upon 2 34 the amountssocollected. 2 35 18. "Services" means all acts or services rendered, 3 1 furnished, or performed, other than services performed on 3 2 tangible personal property delivered into interstate commerce, 3 3 or services used in processing of tangible personal property 3 4 for use intaxableretail sales or services, for an "employer" 3 5 as defined in section 422.4, subsection 3, for a valuable 3 6 consideration by any person engaged in any business or 3 7 occupation specifically enumerated in this division. The tax 3 8 shall be due and collectible when the service is rendered, 3 9 furnished, or performed for the ultimate userthereofof the 3 10 services. 3 11 "Services used in the processing of tangible personal 3 12 property" includes the reconditioning or repairing of tangible 3 13 personal property of the type normally sold in the regular 3 14 course of the retailer's business and which is held for sale. 3 15 Sec. 6. Section 422.45, subsection 41, unnumbered 3 16 paragraph 2, Code 1999, is amended by striking the unnumbered 3 17 paragraph. 3 18 Sec. 7. Section 422.53, subsection 6, Code 1999, is 3 19 amended by adding the following new unnumbered paragraph: 3 20 NEW UNNUMBERED PARAGRAPH. Persons engaged in selling 3 21 tangible personal property or performing services shall not be 3 22 required to obtain or retain a sales tax permit for a place of 3 23 business at which taxable sales of tangible personal property 3 24 or taxable performance of services will not occur. 3 25 Sec. 8. Section 422.58, subsection 6, Code 1999, is 3 26 amended by striking the subsection. 3 27 Sec. 9. Section 422.68, subsection 4, Code 1999, is 3 28 amended to read as follows: 3 29 4. The department may make photostat, microfilm, 3 30 electronic, or other photographic copies of records, reports 3 31 and other papers either filed by the taxpayer or prepared by 3 32 the department. Whensuchthese photostat, electronic, or 3 33 microfilm copies have been made, the department may destroy 3 34suchthe original records in such manner as prescribed by the 3 35 director.SuchThese photostat, electronic, or microfilm 4 1 copies, when no longer of use, may be destroyed as provided in 4 2 subsection 3.SuchThese photostat, microfilm, electronic, or 4 3 other photographic records shall be admissible in evidence 4 4 when duly certified and authenticated by the officer having 4 5 custody and controlthereofof them. 4 6 Sec. 10. Section 422.72, subsection 6, unnumbered 4 7 paragraph 2, Code 1999, is amended to read as follows: 4 8 City or county employees designated to have access to 4 9 information under this subsection are deemed to be officers 4 10 and employees of the state for purposes of the restrictions 4 11and penaltiespursuant to subsection 1 pertaining to 4 12 confidential information. The department may refuse to enter 4 13 into a written informational exchange agreement if the city or 4 14 county does not agree to pay the actual cost of providing the 4 15 information and the department may refuse to abide by a 4 16 written informational exchange agreement if the city or county 4 17 does not promptly pay the actual cost of providing the 4 18 information or take reasonable precautions to protect the 4 19 information's confidentiality. 4 20 Sec. 11. Section 423.18, subsection 4, Code 1999, is 4 21 amended by striking the subsection. 4 22 Sec. 12. Section 424.17, subsection 4, Code 1999, is 4 23 amended by striking the subsection. 4 24 Sec. 13. Section 425.17, subsections 2, 4, 5, and 6, Code 4 25 1999, are amended to read as follows: 4 26 2. "Claimant" means either of the following: 4 27 a. A person filing a claim for credit or reimbursement 4 28 under this division who has attained the age of sixty-five 4 29 years on or before December 31 of the base year, who is a4 30surviving spouse having attained the age of fifty-five years4 31on or before December 31, 1988,or who is totally disabled and 4 32 was totally disabled on or before December 31 of the base 4 33 year, and was domiciled in this state during the entire base4 34year,and is domiciled in this state at the time the claim is 4 35 filed or at the time of the person's death in the case of a 5 1 claim filed by the executor or administrator of the claimant's 5 2 estate. 5 3 b. A person filing a claim for credit or reimbursement 5 4 under this division who has attained the age of twenty-three 5 5 years on or before December 31 of the base year or was a head 5 6 of household on December 31 of the base year, as defined in 5 7 the Internal Revenue Code, but has not attained the age or 5 8 disability status described in paragraph "a",and was5 9domiciled in this state during the entire base year,and is 5 10 domiciled in this state at the time the claim is filed or at 5 11 the time of the person's death in the case of a claim filed by 5 12 the executor or administrator of the claimant's estate, and 5 13 was not claimed as a dependent on any other person's tax 5 14 return for the base year. 5 15 "Claimant" under paragraph "a" or "b" includes a vendee in 5 16 possession under a contract for deed and may include one or 5 17 more joint tenants or tenants in common. In the case of a 5 18 claim for rent constituting property taxes paid, the claimant 5 19 shall have rented the property during any part of the base 5 20 year. In the case of a claim for property taxes due, the 5 21 claimant shall have occupied the property during any part of 5 22 the fiscal year beginning July 1 of the base year. If a 5 23 homestead is occupied by two or more persons, and more than 5 24 one person is able to qualify as a claimant, the persons may 5 25determine among them who will be the claimanteach file a 5 26 claim based upon each person's income and rent constituting 5 27 property taxes paid or property taxes due.If they are unable5 28to agree, the matter shall be referred to the director of5 29revenue and finance not later than June 1 of each year and the5 30director's decision is final.5 31 4. "Homestead" means the dwelling owned or rented and 5 32 actually used as a home by the claimant duringall or part of5 33the base yearthe period specified in subsection 2, and so 5 34 much of the land surrounding it including one or more 5 35 contiguous lots or tracts of land, as is reasonably necessary 6 1 for use of the dwelling as a home, and may consist of a part 6 2 of a multidwelling or multipurpose building and a part of the 6 3 land upon which it is built. It does not include personal 6 4 property except that a mobile home may be a homestead. Any 6 5 dwelling or a part of a multidwelling or multipurpose building 6 6 which is exempt from taxation does not qualify as a homestead 6 7 under this division. However, solely for purposes of 6 8 claimants living in a property and receiving reimbursement for 6 9 rent constituting property taxes paid immediately before the 6 10 property becomes tax exempt, and continuing to live in it 6 11 after it becomes tax exempt, the property shall continue to be 6 12 classified as a homestead. A homestead must be located in 6 13 this state. When a person is confined in a nursing home, 6 14 extended-care facility, or hospital, the person shall be 6 15 considered as occupying or living in the person's homestead if 6 16 the person is the owner of the homestead and the person 6 17 maintains the homestead and does not lease, rent, or otherwise 6 18 receive profits from other persons for the use of the 6 19 homestead. 6 20 5. "Household" means a claimant, spouse, and any person6 21related to the claimant or spouse by blood, marriage, or6 22adoptionand the claimant's spouse if living with the claimant 6 23 at any time during the base year. "Living with" refers to 6 24 domicile and does not include a temporary visit. 6 25 6. "Household income" means all income of the claimant and 6 26 the claimant's spouse in a household and actual monetary 6 27 contributions received from any otherhousehold member or6 28nonmemberperson living with the claimant during their 6 29 respective twelve-month income tax accounting periods ending 6 30 with or during the base year. 6 31 Sec. 14. Section 425.19, Code 1999, is amended to read as 6 32 follows: 6 33 425.19 CLAIM AND CREDIT OR REIMBURSEMENT. 6 34 Subject to the limitations provided in this division, a 6 35 claimant may annually claim a credit for property taxes due 7 1 during the fiscal year next following the base year or claim a 7 2 reimbursement for rent constituting property taxes paid in the 7 3 base year. The amount of the credit for property taxes due 7 4 for a homestead shall be paid onFebruaryJune 15 of each year 7 5 by the director to the county treasurer who shall credit the 7 6 money received against the amount of the property taxes due 7 7 and payable on the homestead of the claimant and the amount of 7 8 the reimbursement for rent constituting property taxes paid 7 9 shall be paid to the claimant from the state general fund on 7 10 or before December 31 of each year. 7 11 Sec. 15. Section 425.21, Code 1999, is amended to read as 7 12 follows: 7 13 425.21 SATISFACTION OF OUTSTANDING TAX LIABILITIES. 7 14 The amount of any claim for credit or reimbursement payable 7 15 under this division may be applied by the department of 7 16 revenue and finance against any tax liability, delinquent 7 17 accounts, charges, loans, fees, or other indebtedness due the 7 18 state or state agency that have formal agreements with the 7 19 department for central debt collection, outstanding on the 7 20 books of the department against the claimant, or against a 7 21 spouse who was a member of the claimant's household in the 7 22 base year. 7 23 Sec. 16. Section 425.29, Code 1999, is amended to read as 7 24 follows: 7 25 425.29 FALSE CLAIM – PENALTY. 7 26 A person who makes a false affidavit for the purpose of 7 27 obtaining credit or reimbursement provided for in this 7 28 division or who knowingly receives the credit or reimbursement 7 29 without being legally entitled to it or makes claim for the 7 30 credit or reimbursement in more than one county in the state 7 31 without being legally entitled to it is guilty of a fraudulent 7 32 practice.Prosecution under this section shall be brought in7 33the county of residence of the person to be charged.The 7 34 claim for credit or reimbursement shall be disallowed in full 7 35 and if the claim has been paid the amount shall be recovered 8 1 in the manner provided in section 425.27. The director of 8 2 revenue and finance shall send a notice of disallowance of the 8 3 claim. 8 4 Sec. 17. Section 427.1, subsection 16, Code 1999, is 8 5 amended to read as follows: 8 6 16. REVOKING EXEMPTION. Any taxpayer or any taxing 8 7 district may make application to the director of revenue and 8 8 finance for revocation for any exemption, based upon alleged 8 9 violations of this chapter. The director of revenue and 8 10 finance may also on the director's own motion set aside any 8 11 exemption which has been granted upon property for which 8 12 exemption is claimed under this chapter. The director of 8 13 revenue and finance shall give notice by mail to the taxpayer 8 14 or taxing district applicant and to the societies or 8 15 organizations claiming an exemption upon property, exemption 8 16 of which is questioned before or by the director of revenue 8 17 and finance and shall hold a hearing prior to issuing any 8 18 order for revocation. An order made by the director of 8 19 revenue and finance revoking or modifying an exemption is 8 20 applicable to the fiscal year commencing with the fiscal year 8 21 in which the application for revocation is made to, or the 8 22 motion for revocation is made by, the director of revenue and 8 23 finance. An order made by the director of revenue and finance 8 24 revoking or modifying an exemption is subject to judicial 8 25 review in accordance with chapter 17A, the Iowa administrative 8 26 procedure Act. Notwithstanding the terms of that Act, 8 27 petitions for judicial review may be filed in the district 8 28 court having jurisdiction in the county in which the property 8 29 is located, and must be filed within thirty days after any 8 30 order revoking an exemption is made by the director of revenue 8 31 and finance. 8 32 Sec. 18. Section 427A.12, subsection 6, Code 1999, is 8 33 amended to read as follows: 8 34 6.The amount due each taxing district shall be paid in8 35the form of warrants payable to the respective county9 1treasurers by the director of revenue and finance on May 15 of9 2each fiscal year, taking into consideration the relative9 3budget and cash position of the state resources. For the9 4fiscal year beginning July 1, 1985, and ending June 30, 1986,9 5and for each succeedingFor each fiscal year the amount due 9 6 each taxing district shall be paid in the form of warrants 9 7 payable to the respective county treasurers by the director of 9 8 revenue and finance on July 15 and May 15 of that fiscal year, 9 9 taking into consideration the relative budget and cash 9 10 position of the state resources. The July 15 payment shall be 9 11 equal to the amount paid on May 15 of the preceding fiscal 9 12 year and the payments received shall be an account receivable 9 13 for each taxing district for the preceding fiscal year. The 9 14 May 15 payment is equal to one-half of the amount of the 9 15 additional personal property tax credit payable for the fiscal 9 16 year. The county treasurer shall pay the proceeds to the 9 17 various taxing districts in the county. 9 18 Sec. 19. Section 435.22, subsection 2, unnumbered 9 19 paragraph 2, Code 1999, is amended to read as follows: 9 20 For purposes of this subsection "income" means income as 9 21 defined in section 425.17, subsection 7, and "base year" means 9 22 the calendar year preceding the year in which the claim for a 9 23 reduced rate of tax is filed. The home reduced rate of tax 9 24 shall only be allowed on the home in which the claimant is 9 25 residing at the timein whichthe claim for a reduced rate of 9 26 tax is filed or was residing at the time of the claimant's 9 27 death in the case of a claim filed on behalf of a deceased 9 28 claimant by the claimant's legal guardian, spouse, or 9 29 attorney, or by the executor or administrator of the 9 30 claimant's estate. 9 31 Sec. 20. Section 435.22, subsection 5, unnumbered 9 32 paragraph 1, Code 1999, is amended to read as follows: 9 33 A claim for credit for mobile home tax due shall not be 9 34 paid or allowed unless the claim is actually filed with the 9 35 county treasurer between January 1 and June 1, both dates 10 1 inclusive, immediately preceding the fiscal year during which 10 2 the home taxes are dueand, with the exception of a claim10 3filed on behalf of a deceased claimant by the claimant's legal10 4guardian, spouse, or attorney, or by the executor or10 5administrator of the claimant's estate, contains an affidavit10 6of the claimant's intent to occupy the home for six months or10 7more during the fiscal year beginning in the calendar year in10 8which the claim is filed. However, in case of sickness, 10 9 absence, or other disability of the claimant, or if in the 10 10 judgment of the county treasurer good cause exists, the county 10 11 treasurer may extend the time for filing a claim for credit 10 12 through September 30 of the same calendar year. The county 10 13 treasurer shall certify to the director of revenue and finance 10 14 on or before November 15 each year the total dollar amount due 10 15 for claims allowed. 10 16 Sec. 21. Section 450.1, Code 1999, is amended by adding 10 17 the following new unnumbered paragraph: 10 18 NEW UNNUMBERED PARAGRAPH. "Real estate or real property" 10 19 for the purpose of appraisal under this chapter means real 10 20 estate which is the land and appurtenances, including 10 21 structures affixed thereto. 10 22 Sec. 22. Section 450.27, Code 1999, is amended to read as 10 23 follows: 10 24 450.27 COMMISSION TO APPRAISERS. 10 25 When an appraisal of real estate is requested by the 10 26 department of revenue and finance, as provided in section 10 27 450.37, or is otherwise required by this chapter, the clerk 10 28 shall issue a commission to the appraisers, who shall fix a 10 29 time and place for appraisement, except that if the only 10 30 interest that is subject to tax is a remainder or deferred 10 31 interest upon which the tax is not payable until the 10 32 determination of a prior estate or interest for life or term 10 33 of years, the clerk shall not issue the commission until the 10 34 determination of the prior estate, except at the request of 10 35 the department of revenue and finance when the parties in 11 1 interest seek to remove an inheritance tax lien. When valuing 11 2 the real estate for purposes of inheritance tax, an appraiser 11 3 does not have the jurisdiction to determine what property or 11 4 partial interests may or may not be subject to tax. Whole 11 5 interests in the property should be appraised and the question 11 6 of the actual property or partial interest subject to 11 7 inheritance tax is to be determined by means of the 11 8 administrative procedures pursuant to section 450.94. All 11 9 joint property that is to be appraised should be listed at its 11 10 full market value. Long-term leases are not considered in 11 11 determining the value of property when being appraised. 11 12 Sec. 23. Section 450.37, subsection 2, unnumbered 11 13 paragraph 1, Code 1999, is amended to read as follows: 11 14 Fair market value of real estate in the ordinary course of 11 15 trade shall be established by agreement, including an 11 16 agreement to accept the values as finally determined for 11 17 federal estate tax purposes. The agreement shall be between 11 18 the department of revenue and finance, the personal 11 19 representative, and the persons who have an interest in the 11 20 property. 11 21 Sec. 24. Section 452A.74, subsection 8, unnumbered 11 22 paragraph 2, Code 1999, is amended to read as follows: 11 23 A person found guilty of an offense specified in this 11 24 section is guilty of a fraudulent practice.For purposes of11 25determining the place of trial, the situs of an offense11 26specified in this section is in the county of the residence of11 27the person charged with the offense. However, if the person11 28is a nonresident or the person's residence cannot be11 29determined, the situs of the offense is in Polk county.11 30 Prosecution for an offense specified in this section shall be 11 31 commenced within six years following its commission. 11 32 Sec. 25. Section 452A.75, unnumbered paragraph 2, Code 11 33 1999, is amended to read as follows: 11 34In determining the place of trial, the situs of an offense11 35in this section is in the county of the residence of the12 1person charged with the offense. However, if the person is a12 2nonresident or the person's residence cannot be determined,12 3the situs of the offense is in Polk county.Prosecution for 12 4 an offense specified in this section shall be commenced within 12 5 six years following its commission. 12 6 Sec. 26. Section 803.3, Code 1999, is amended by adding 12 7 the following new subsection: 12 8 NEW SUBSECTION. 6. a. If a person is charged with a 12 9 violation of the tax laws arising out of individual tax 12 10 liability, venue is in the county of residence of the person 12 11 charged with the offense, unless the person is a nonresident 12 12 of this state or the residence of the person cannot be 12 13 established, in which event venue is in Polk county. 12 14 b. If a person is charged with a violation of the tax laws 12 15 arising out of a business, venue is in any county where 12 16 business was conducted. If a specific county cannot be 12 17 established as a situs, venue is in Polk county. 12 18 c. If a person is charged with a violation of section 12 19 453B.12, venue is in the county of the residence of the person 12 20 charged with the offense or the county in which the drugs were 12 21 found. 12 22 d. If a person is charged with a violation of the tax laws 12 23 in which venue is set under multiple provisions of this 12 24 section, venue is in any county in which one of the charges 12 25 may be prosecuted. 12 26 Sec. 27. Section 427A.14, Code 1999, is repealed. 12 27 Sec. 28. EFFECTIVE AND APPLICABILITY DATES. 12 28 1. Section 4 of this Act, amending section 422.32, is 12 29 retroactive to January 1, 1999, for tax years beginning on or 12 30 after that date. 12 31 2. Sections 21 through 23 of this Act, amending sections 12 32 450.1, 450.27, and 450.37, take effect July 1, 1999, for 12 33 estates of decedents dying on or after that date. 12 34 3. Except as otherwise provided in this section, this Act, 12 35 being deemed of immediate importance, takes effect upon 13 1 enactment. 13 2 EXPLANATION 13 3 The bill amends various provisions of state tax law. The 13 4 amendments that are not just eliminating obsolete provisions 13 5 are as follows: 13 6 Code section 421.17, subsection 34, paragraph "c", is 13 7 amended to allow the department of revenue and finance to 13 8 utilize a participating agency's collection powers to collect 13 9 any delinquent accounts, charges, fees, loans, taxes, or other 13 10 indebtedness owed to or being collected by the state. 13 11 Code sections 422.25, subsection 9, 422.58, subsection 6, 13 12 423.18, subsection 4, 424.17, subsection 4, 425.29, 452A.74, 13 13 subsection 8, 452A.75, and 803.3 are amended or created to 13 14 consolidate all provisions relating to the venue of tax 13 15 prosecutors into one section in the criminal procedures 13 16 portion of the Iowa Code (section 803.3). It provides that 13 17 persons being prosecuted for tax violations such as sales, 13 18 withholding, motor fuel, and use tax arising out of operation 13 19 of a business may be prosecuted where the business operates 13 20 rather than in each person's county of residence. In 13 21 addition, it provides that venue for drug tax stamp violation 13 22 is either in the county of the person's residence or the 13 23 county in which the drugs were located. 13 24 Code section 422.32, subsection 2, is amended to clarify 13 25 that gain or loss from the disposition of property is business 13 26 income even if it is only operationally related to sources 13 27 within and without this state. For example, royalties for the 13 28 use of a trademark within or without Iowa are considered 13 29 business income subject to apportionment, however, the current 13 30 statute does not specifically provide that the gain on the 13 31 sale of the trademark is subject to apportionment. 13 32 Code section 422.42, subsections 6 and 18, are amended to 13 33 remove the requirement that for services to be exempt from 13 34 sales tax, the services must be performed on property for use 13 35 in taxable retail sales. 14 1 Code section 422.53 is amended to provide that persons 14 2 engaged in selling tangible personal property or providing 14 3 services are not required to obtain a sales tax permit if they 14 4 make no taxable sales. 14 5 Code section 422.68, subsection 4, is amended to allow the 14 6 department of revenue and finance to make and store electronic 14 7 copies of documents. 14 8 Code section 422.72, subsection 6, unnumbered paragraph 2, 14 9 is amended by striking the term "and penalties", which is 14 10 superfluous language. 14 11 Code section 425.17, subsections 2, 4, 5, and 6, are 14 12 amended to modify provisions related to the low-income elderly 14 13 and disabled property tax credit and rent reimbursement. 14 14 Subsection 2 is amended to delete the surviving spouse 14 15 eligibility class for purposes of qualifying for property tax 14 16 credit and rent reimbursement benefits. This eligibility 14 17 class was phased out over a 10-year time period ending in 14 18 1998. Subsection 2 is also amended to delete the requirement 14 19 that a claimant live in Iowa for the entire base year to be 14 20 eligible to claim benefits. Presently, a person who moves 14 21 into Iowa during the base year is not eligible for benefits 14 22 even though the person paid rent or will pay property taxes. 14 23 Subsections 2 and 4 are amended to delete the requirement that 14 24 the person occupy the property during the base year to qualify 14 25 for tax credit benefits. Presently, a person can be 14 26 ineligible to claim a credit for property taxes the person is 14 27 required to pay. Subsections 2 and 5 are amended to permit 14 28 more than one eligible person to file a claim for credit or 14 29 reimbursement based on their individual incomes and rent or 14 30 property taxes paid if living in the same homestead. 14 31 Presently, an eligible person is denied the credit or 14 32 reimbursement if another eligible person living in the same 14 33 homestead files first. Subsection 6 is amended to delete 14 34 unnecessary language. 14 35 Code section 425.19 is amended to change the date for the 15 1 department of revenue and finance to reimburse counties for 15 2 the amount of property tax credit claims from February 15 to 15 3 June 15. 15 4 Code section 425.21 is amended to provide that claims for 15 5 rent reimbursement may be applied to any delinquent accounts, 15 6 loans, fees, or other debts owed the state. The present 15 7 statute only allows credit to debts owed to the department of 15 8 revenue and finance. 15 9 Code section 427.1, subsection 16, is amended to provide 15 10 that when the director issues an order revoking or modifying a 15 11 tax exemption, the order is applicable to the fiscal year 15 12 commencing with the fiscal year in which the application for 15 13 revocation is made. 15 14 Code section 435.22, subsection 2, is amended to permit a 15 15 claim for a reduction in the mobile home tax to be filed on 15 16 behalf of a deceased person. 15 17 Code section 435.22, subsection 5, is amended to delete the 15 18 requirement that a claimant for a mobile home reduced tax rate 15 19 intended to live in the mobile home for six months or more 15 20 during the year. 15 21 Code sections 450.1, 450.27, and 450.37 are amended to 15 22 provide that under the Iowa inheritance tax, commissioned 15 23 appraisers may appraise real property based on fee simple. 15 24 When valuing property, appraisers do not have jurisdiction to 15 25 determine what property or interest in property is subject to 15 26 tax. Joint property is to be appraised at full-market value 15 27 and long-term leases are not to be considered in determining 15 28 value of appraised property. 15 29 The bill contains effective and retroactive applicability 15 30 date provisions. 15 31 LSB 1154DP 78 15 32 mg/jw/5
Text: HSB00023 Text: HSB00025 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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