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Senate File 2186

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 421.60, subsection 2, Code 2001, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  n.  The director shall adopt rules
  1  4 establishing a procedure for the following:
  1  5    (1)  Nonbinding mediation requested by the taxpayer or the
  1  6 director on an issue unresolved at the conclusion of an appeal
  1  7 procedure or of unsuccessful attempts to enter into a
  1  8 compromise of any delinquent tax or an agreement to make
  1  9 installment payments of any delinquent tax.
  1 10    (2)  Mandatory arbitration requested jointly by the
  1 11 taxpayer and the director on an issue unresolved at the
  1 12 conclusion of an appeal procedure or of unsuccessful attempts
  1 13 to enter into a compromise of any delinquent tax or an
  1 14 agreement to make installment payments of any delinquent tax.
  1 15    Sec. 2.  Section 421.60, Code 2001, is amended by adding
  1 16 the following new subsections:
  1 17    NEW SUBSECTION.  11.  LEVY OF EXECUTION TOLLED.  A levy of
  1 18 execution shall not be made on the property or rights to
  1 19 property of any person with respect to any delinquent tax
  1 20 during any of the following periods:
  1 21    a.  The period during which an offer to compromise or to
  1 22 make installment payments of a delinquent tax is pending with
  1 23 the department.  An offer is pending with the department
  1 24 beginning on the date the department receives the offer for
  1 25 processing.
  1 26    b.  The thirty-day period after the rejection of an offer
  1 27 to compromise or make installment payments of a delinquent tax
  1 28 or the thirty-day period of the appeal of such rejection.
  1 29    c.  The period an installment payment agreement, if any,
  1 30 for payment of a delinquent tax is in effect.
  1 31    d.  The thirty-day period after the termination of an
  1 32 installment payment agreement for payment of a delinquent tax
  1 33 or the thirty-day period of the appeal of such termination.
  1 34    NEW SUBSECTION.  12.  PROPERTY EXEMPT FROM LEVY.  Items
  1 35 listed as exempt from levy for federal tax purposes in section
  2  1 6334(a) of the Internal Revenue Code shall be exempt from the
  2  2 levy of execution for delinquent taxes of this state in the
  2  3 same manner and to the same extent as exempted for federal tax
  2  4 purposes.
  2  5    Sec. 3.  Section 422.26, unnumbered paragraphs 1, 7, and 8
  2  6 Code 2001, are amended to read as follows:
  2  7    Whenever any taxpayer liable to pay a tax and penalty
  2  8 imposed refuses or neglects to pay the same, the amount,
  2  9 including any interest, penalty, or addition to such the tax,
  2 10 together with the costs that may accrue in addition thereto to
  2 11 the tax, shall be a lien in favor of the state upon all
  2 12 property and rights to property, whether real or personal,
  2 13 belonging to said the taxpayer, except the items of property
  2 14 identified in section 421.60, subsection 12.
  2 15    The department shall, substantially as provided in this
  2 16 chapter and chapter 626, proceed to collect all taxes and
  2 17 penalties as soon as practicable after they become delinquent,
  2 18 except that no property of the taxpayer is the items of
  2 19 property identified in section 421.60, subsection 12, are
  2 20 exempt from payment of the tax.  If service has not been made
  2 21 on a distress warrant by the officer to whom addressed within
  2 22 five days from the date the distress warrant was received by
  2 23 the officer, the authorized revenue agents of the department
  2 24 may serve and make return of the warrant to the clerk of the
  2 25 district court of the county named in the distress warrant,
  2 26 and all subsequent procedure shall be in compliance with
  2 27 chapter 626.
  2 28    The distress warrant shall be in a form as prescribed by
  2 29 the director.  It shall be directed to the sheriff of the
  2 30 appropriate county and it shall identify the taxpayer, the tax
  2 31 type, and the delinquent amount.  It shall direct the sheriff
  2 32 to distrain, seize, garnish, or levy upon, and sell, as
  2 33 provided by law, any nonexempt real or personal property
  2 34 belonging to the taxpayer to satisfy the amount of the
  2 35 delinquency plus costs.  It shall also direct the sheriff to
  3  1 make due and prompt return to the department or to the
  3  2 district court under chapters 626 and 642 of all amounts
  3  3 collected.
  3  4    Sec. 4.  EFFECTIVE AND APPLICABILITY DATE PROVISIONS.  This
  3  5 Act, being deemed of immediate importance, takes effect upon
  3  6 enactment and applies to taxes that first become delinquent or
  3  7 are delinquent on or after the effective date.  
  3  8                           EXPLANATION
  3  9    This bill adds to the state tax procedures and practices
  3 10 Act a number of provisions that are modeled after the federal
  3 11 Internal Revenue Service Restructuring and Reform Act of 1998
  3 12 (P.L. No. 105-206).  One provision includes the establishment
  3 13 of procedures for nonbinding mediation upon the request of the
  3 14 taxpayer or the director of revenue and finance and
  3 15 establishment of procedures for mandatory arbitration upon the
  3 16 joint request of the taxpayer and the director.  A second
  3 17 provision forbids the taking of the taxpayer's property to pay
  3 18 taxes during the period when a request for a compromise of the
  3 19 tax or request for installment payments of the tax are pending
  3 20 before the director, during the 30-day period following
  3 21 rejection of such request or during the appeal of the
  3 22 rejection of such request, and the 30-day period following
  3 23 termination of an installment payment agreement or the 30-day
  3 24 period of appeal of such termination.  The final provision
  3 25 identifies items of property of persons which are exempt from
  3 26 execution and payment of any tax.  These items include wearing
  3 27 apparel; fuel, provisions, furniture, and personal effects of
  3 28 $6,250 adjusted for inflation; books and tools of a trade,
  3 29 business, or profession of $3,125 adjusted for inflation;
  3 30 unemployment benefits; workmen's compensation; child support
  3 31 payments; minimum exemption for wages and salary; service-
  3 32 connected disability payments; and the principal residence of
  3 33 the taxpayer, and certain business assets.
  3 34    The bill takes effect upon enactment and applies to taxes
  3 35 first delinquent or remaining delinquent on or after the
  4  1 effective date.  
  4  2 LSB 2970XS 79
  4  3 mg/pj/5
     

Text: SF02185                           Text: SF02187
Text: SF02100 - SF02199                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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