450.94  Return--determination--appeal.

1.  "Taxpayer" as used in this section means a person liable for the payment of tax as stated in section 450.5.

2.  The taxpayer shall file an inheritance tax return on forms to be prescribed by the director of revenue and finance. When an inheritance tax return is filed, the department shall examine it and determine the correct amount of tax. If the amount paid is less than the correct amount due, the department shall notify the taxpayer of the total amount due together with any penalty and interest which shall be a sum certain if paid on or before the last day of the month in which the notice is postmarked, or on or before the last day of the following month if the notice is postmarked after the twentieth day of a month and before the first day of the following month.

3.  If the amount paid is greater than the correct tax, penalty, and interest due, the department shall refund the excess with interest. Interest shall be computed at the rate in effect under section 421.7, under the rules prescribed by the director counting each fraction of a month as an entire month and the interest shall begin to accrue on the first day of the second calendar month following the date of payment or on the date the return was due to be filed or was filed, whichever is the latest. However, the director shall not allow a claim for refund or credit that has not been filed with the department within three years after the tax payment upon which a refund or credit is claimed became due, or one year after the tax payment was made, whichever time is later. A determination by the department of the amount of tax, penalty, and interest due, or the amount of refund for excess tax paid, is final unless the person aggrieved by the determination appeals to the director for a revision of the determination within sixty days from the postmark date of the notice of determination of tax, penalty, and interest due or refund owing or unless the taxpayer contests the determination by paying the tax, interest, and penalty and timely filing a claim for refund. The director shall grant a hearing, and upon the hearing the director shall determine the correct tax, penalty, and interest or refund due, and notify the appellant of the decision by mail. The decision of the director is final unless the appellant seeks judicial review of the director's decision under section 450.59 within sixty days after the postmark date of the notice of the director's decision.

4.  Payments received must be credited first to the penalty and interest accrued and then to the tax due.

5.  The amount of tax imposed under this chapter shall be assessed according to one of the following:

a.  Within three years after the return is filed with respect to property reported on the final inheritance tax return.

b.  At any time after the tax became due with respect to property not reported on the final inheritance tax return, but not later than three years after the omitted property is reported to the department on an amended return or on the final inheritance tax return if one was not previously filed.

In addition to the applicable periods of limitations for examination and determination specified in paragraphs "a" and "b", the department may make an examination and determination at any time within six months from the date of receipt by the department of written notice from the taxpayer of the final disposition of any matter between the taxpayer and the internal revenue service with respect to the federal estate, gift, or generation skipping transfer tax. In order to begin the running of the six months assessment period, the notice shall be in writing in form sufficient to inform the department of the final disposition of any matter with respect to the federal estate, gift, or generation skipping transfer tax, and a copy of the federal document showing the final disposition or final federal adjustments shall be attached to the notice.

Section History: Early form

  [S13, § 1481-a43; C24, 27, 31, 35, 39, § 7396; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 450.94; 81 Acts, ch 131, § 17]

Section History: Recent form

  83 Acts, ch 177, § 34, 38; 84 Acts, ch 1240, § 9, 10; 85 Acts, ch 148, §5; 86 Acts, ch 1007, § 40; 86 Acts, ch 1241, § 45; 89 Acts, ch 285, §9; 91 Acts, ch 159, §28; 94 Acts, ch 1133, §11, 16; 96 Acts, ch 1034, § 42

Internal References

  Referred to in § 450.37, 450.95, 450.96


  1994 amendments to subsection 3 are effective for notices of assessment issued on or after January 1, 1995; 94 Acts, ch 1133, §16

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