House Journal: Page 1437: Tuesday, April 24, 2001
7 If a claim is disallowed by the director of revenue
8 and finance and not appealed to the state board of tax
9 review or appealed to and upheld by the state board of
10 tax review and a petition for judicial review is not
11 filed with respect to the disallowance, any amounts of
12 credits allowed and paid from the homestead credit
13 fund including the penalty, if any, become a lien upon
14 the property on which credit was originally granted,
15 if still in the hands of the claimant, and not in the
16 hands of a bona fide purchaser, and any amount so
17 erroneously paid including the penalty, if any, shall
18 be collected by the county treasurer in the same
19 manner as other taxes and the collections shall be
20 returned to the department of revenue and finance and
21 credited to the homestead credit fund. The director
22 of revenue and finance may institute legal proceedings
23 against a homestead credit claimant for the collection
24 of payments made on disallowed credits and the
25 penalty, if any. If a person makes a false claim or
26 affidavit with fraudulent intent to obtain the
27 homestead credit, the person is guilty of a fraudulent
28 practice and the claim shall be disallowed in full.
29 If the credit has been paid, the amount of the credit
30 plus a penalty equal to twenty-five percent of the
31 amount of credit plus interest, at the rate in effect
32 under section 421.7, from the time of payment shall be
33 collected by the county treasurer in the same manner
34 as other property taxes, penalty, and interest are
35 collected and when collected shall be paid to the
36 director of revenue and finance. If a homestead
37 credit is disallowed and the claimant failed to give
38 written notice to the assessor as required by section
39 425.2 when the property ceased to be used as a
40 homestead by the claimant, a civil penalty equal to
41 fifty five percent of the amount of the disallowed
42 credit is assessed against the claimant."
43 2. Page 2, by inserting after line 15 the
44 following:
45 "Sec. . Section 425.14, Code 2001, is
46 repealed."
47 3. Page 2, line 17 by inserting after the word
48 "for" the following: "homestead tax credits filed or
49 on file and for".
50 4. Title page, line 1, by inserting after the
Page 2
1 word "relating" the following: "to the homestead tax
2 credit and".
Gipp of Winneshiek in the chair at 2:32 p.m.
© 2001 Cornell College and
League of Women Voters of Iowa
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