Text: HF00711 Text: HF00713 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 712 1 2 1 3 AN ACT 1 4 RELATING TO THE HOMESTEAD TAX CREDIT AND TO THE ANNUAL FILING 1 5 FOR THE FAMILY FARM TAX CREDIT, TO THE NOTIFICATION TO THE 1 6 ASSESSOR OF THE CHANGE IN OWNERSHIP OR THE PERSON ACTIVELY 1 7 ENGAGED IN FARMING THE TRACT OF AGRICULTURAL LAND FOR WHICH 1 8 THE FAMILY FARM TAX CREDIT IS ALLOWED, PROVIDING A PENALTY, 1 9 AND INCLUDING EFFECTIVE AND APPLICABILITY DATE PROVISIONS. 1 10 1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 12 1 13 Section 1. Section 425.7, subsection 3, unnumbered 1 14 paragraph 2, Code 2001, is amended to read as follows: 1 15 If a claim is disallowed by the director of revenue and 1 16 finance and not appealed to the state board of tax review or 1 17 appealed to and upheld by the state board of tax review and a 1 18 petition for judicial review is not filed with respect to the 1 19 disallowance, any amounts of credits allowed and paid from the 1 20 homestead credit fund including the penalty, if any, become a 1 21 lien upon the property on which credit was originally granted, 1 22 if still in the hands of the claimant, and not in the hands of 1 23 a bona fide purchaser, and any amount so erroneously paid 1 24 including the penalty, if any, shall be collected by the 1 25 county treasurer in the same manner as other taxes and the 1 26 collections shall be returned to the department of revenue and 1 27 finance and credited to the homestead credit fund. The 1 28 director of revenue and finance may institute legal 1 29 proceedings against a homestead credit claimant for the 1 30 collection of payments made on disallowed credits and the 1 31 penalty, if any. If a person makes a false claim or affidavit 1 32 with fraudulent intent to obtain the homestead credit, the 1 33 person is guilty of a fraudulent practice and the claim shall 1 34 be disallowed in full. If the credit has been paid, the 1 35 amount of the credit plus a penalty equal to twenty-five 2 1 percent of the amount of credit plus interest, at the rate in 2 2 effect under section 421.7, from the time of payment shall be 2 3 collected by the county treasurer in the same manner as other 2 4 property taxes, penalty, and interest are collected and when 2 5 collected shall be paid to the director of revenue and 2 6 finance. If a homestead credit is disallowed and the claimant 2 7 failed to give written notice to the assessor as required by 2 8 section 425.2 when the property ceased to be used as a 2 9 homestead by the claimant, a civil penalty equal tofiftyfive 2 10 percent of the amount of the disallowed credit is assessed 2 11 against the claimant. 2 12 Sec. 2. Section 425A.4, subsection 1, Code 2001, is 2 13 amended to read as follows: 2 14 1. To apply for the credit, the person shalleach year2 15between July 1 and October 15deliver to the county assessor a 2 16 verified statement and designation of the tracts of 2 17 agricultural land for which the credit is claimed. The 2 18 assessor shall return the statement and designation on or 2 19 before November 15 of each year to the county board of 2 20 supervisors with a recommendation for allowance or 2 21 disallowance. A claim for credit filed after November 1 of 2 22 the year shall be considered as a claim filed for the 2 23 following year. 2 24 Sec. 3. Section 425A.4, Code 2001, is amended by adding 2 25 the following new subsections: 2 26 NEW SUBSECTION. 3. Upon the filing and allowance of the 2 27 claim, the claim shall be allowed on that tract for successive 2 28 years without further filing as long as the property is 2 29 legally or equitably owned by that person or that person's 2 30 spouse on July 1 of each of those successive years, and the 2 31 designated person who is actively engaged in farming remains 2 32 the same during these years. When the property is sold or 2 33 transferred, the buyer or transferee who wishes to qualify 2 34 shall file for the credit. However, when the property is 2 35 transferred as part of a distribution made pursuant to chapter 3 1 598, the transferee who is the spouse retaining ownership of 3 2 the property is not required to file for the credit. In the 3 3 case where the owner remains the same but the person who is 3 4 actively engaged in farming changes, the owner shall refile 3 5 for the credit. The owner shall provide written notice if the 3 6 person actively engaged in farming changes. 3 7 NEW SUBSECTION. 4. The assessor shall retain a permanent 3 8 file of current family farm credit claims filed in the 3 9 assessor's office. 3 10 The county recorder shall give notice to the assessor of 3 11 each transfer of title filed in the recorder's office. The 3 12 notice shall describe the tract of agricultural land 3 13 transferred, the name of the person transferring the title to 3 14 the tract, and the name of the person to whom title to the 3 15 tract has been transferred. 3 16 Sec. 4. Section 425A.8, Code 2001, is amended by adding 3 17 the following new unnumbered paragraph: 3 18 NEW UNNUMBERED PARAGRAPH. A person who fails to notify the 3 19 assessor of a change in the person who is actively engaged in 3 20 farming the tract for which the credit under section 425A.3, 3 21 is allowed shall be liable for the amount of the credit plus a 3 22 penalty equal to five percent of the amount of the credit. 3 23 The amounts shall be collected by the county treasurer in the 3 24 same manner as other property taxes and any penalty are 3 25 collected and when collected shall be paid to the director of 3 26 revenue and finance. 3 27 Sec. 5. Section 425.14, Code 2001, is repealed. 3 28 Sec. 6. This Act takes effect July 1, 2001, and applies to 3 29 claims for homestead tax credits filed or on file and for 3 30 family farm tax credits filed on or after that date. 3 31 3 32 3 33 3 34 BRENT SIEGRIST 3 35 Speaker of the House 4 1 4 2 4 3 4 4 MARY E. KRAMER 4 5 President of the Senate 4 6 4 7 I hereby certify that this bill originated in the House and 4 8 is known as House File 712, Seventy-ninth General Assembly. 4 9 4 10 4 11 4 12 MARGARET THOMSON 4 13 Chief Clerk of the House 4 14 Approved , 2001 4 15 4 16 4 17 4 18 THOMAS J. VILSACK 4 19 Governor
Text: HF00711 Text: HF00713 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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