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PAG LIN
1 1 Section 1. Section 426A.13, unnumbered paragraphs 2 and 3,
1 2 Code 2003, are amended to read as follows:
1 3 The person shall file with the appropriate assessor on
1 4 forms obtained from the assessor the claim for exemption for
1 5 the year for which the person is first claiming the exemption.
1 6 The claim shall be filed not later than July 1 of the year for
1 7 which the person is claiming the exemption. The claim shall
1 8 set out the fact that the person is a resident of and
1 9 domiciled in the state of Iowa, and a person within the terms
1 10 of section 426A.11, and shall give the volume and page on
1 11 which the certificate of satisfactory service, order of
1 12 separation, retirement, furlough to reserve, inactive status,
1 13 or honorable discharge or certified copy thereof is recorded
1 14 in the office of the county recorder, and may include the
1 15 designation of the property from which the exemption is to be
1 16 made, and shall further state that the claimant is the
1 17 equitable or legal owner of the property designated or if the
1 18 property is owned by a family farm corporation, that the
1 19 person is a shareholder of that corporation and that the
1 20 person occupies the property. However, a member of the
1 21 reserve forces of the United States or the Iowa national guard
1 22 who has not otherwise qualified as a veteran may file an
1 23 application for a claim upon receipt of orders calling the
1 24 member to active duty. If at the end of the term of active
1 25 duty the member will have qualified for the exemption, the
1 26 claim shall be approved subject to the setting aside of the
1 27 allowance of the claim as provided in section 426A.6.
1 28 Upon the filing and allowance of the claim, the claim shall
1 29 be allowed to that person for successive years without further
1 30 filing. However, for a person whose claim was allowed because
1 31 the person was a member of the reserve forces of the United
1 32 States or Iowa national guard who was ordered to active duty,
1 33 the claim shall be valid for no more than one additional year.
1 34 After that year, the person shall refile for the exemption.
1 35 Provided, that notwithstanding the filing or having on file a
2 1 claim for exemption, the person or person's spouse is the
2 2 legal or equitable owner of the property on July 1 of the year
2 3 for which the claim is allowed. When the property is sold or
2 4 transferred or the person wishes to designate different
2 5 property for the exemption, a person who wishes to receive the
2 6 exemption shall refile for the exemption. A person who sells
2 7 or transfers property which is designated for the exemption or
2 8 the personal representative of a deceased person who owned
2 9 such property shall provide written notice to the assessor
2 10 that the property is no longer legally or equitably owned by
2 11 the former claimant.
2 12 Sec. 2. EFFECTIVE AND APPLICABILITY DATE. This Act, being
2 13 deemed of immediate importance, takes effect upon enactment
2 14 and applies to exemptions for fiscal years beginning on or
2 15 after July 1, 2004.
2 16 EXPLANATION
2 17 This bill allows a member of the reserve forces of the
2 18 United States or Iowa national guard who does not otherwise
2 19 qualify for the military service tax exemption to file for a
2 20 claim and receive the exemption if the member receives orders
2 21 calling the member to active duty for a period that will
2 22 qualify the member for the exemption upon completion of the
2 23 active duty. The exemption will be approved subject to the
2 24 threat of the exemption being set aside if the member does not
2 25 later qualify. The approval is valid for only two years.
2 26 The bill takes effect upon enactment and applies to
2 27 exemptions for fiscal years beginning on or after July 1,
2 28 2004.
2 29 LSB 5640SS 80
2 30 mg/pj/5
Text: SF02110 Text: SF02112 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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