Senate File 634 H-1303 Amend Senate File 634, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. Page 13, after line 25 by inserting: 3 < DIVISION ___ 4 ELDERLY AND DISABLED PROPERTY TAX CREDIT 5 Sec. ___. Section 425.1, subsection 1, paragraph a, Code 6 2019, is amended to read as follows: 7 a. A homestead credit fund is created. There is 8 appropriated annually from the general fund of the state to 9 the department of revenue to be credited to the homestead 10 credit fund, an amount sufficient to implement this chapter 11 subchapter . 12 Sec. ___. Section 425.17, subsection 2, Code 2019, is 13 amended to read as follows: 14 2. a. “Claimant” means either any of the following: 15 (1) A person filing a claim for credit or reimbursement 16 under this subchapter who has attained the age of sixty-five 17 years on or before December 31 of the base year or who is 18 totally disabled and was totally disabled on or before December 19 31 of the base year and who is domiciled in this state at the 20 time the claim is filed or at the time of the person’s death in 21 the case of a claim filed by the executor or administrator of 22 the claimant’s estate. 23 (2) A person filing a claim for credit or reimbursement 24 under this subchapter who has attained the age of twenty-three 25 years on or before December 31 of the base year or was a head 26 of household on December 31 of the base year, as defined in 27 the Internal Revenue Code, but has not attained the age or 28 disability status described in paragraph “a” , subparagraph (1) 29 or the age or the disability status and eligibility criteria of 30 subparagraph (3) , and is domiciled in this state at the time 31 the claim is filed or at the time of the person’s death in the 32 case of a claim filed by the executor or administrator of the 33 claimant’s estate, and was not claimed as a dependent on any 34 other person’s tax return for the base year. 35 -1- SF634.2414 (1) 88 md/jh 1/ 4 #1.
(3) A person filing a claim for credit under this subchapter 1 who has either attained the age of sixty-five years on or 2 before December 31 of the base year or who is totally disabled 3 and was totally disabled on or before December 31 of the base 4 year, who has a household income of less than fifty thousand 5 dollars, and who is domiciled in this state at the time the 6 claim is filed or at the time of the person’s death in the 7 case of a claim filed by the executor or administrator of the 8 claimant’s estate. 9 b. “Claimant” under paragraph “a” , subparagraph (1) or (2), 10 includes a vendee in possession under a contract for deed and 11 may include one or more joint tenants or tenants in common. 12 In the case of a claim for rent constituting property taxes 13 paid, the claimant shall have rented the property during any 14 part of the base year. In the case of a claim for property 15 taxes due, the claimant shall have occupied the property during 16 any part of the fiscal year beginning July 1 of the base year. 17 If a homestead is occupied by two or more persons, and more 18 than one person is able to qualify as a claimant, the persons 19 may each file a claim based upon each person’s income and rent 20 constituting property taxes paid or property taxes due. 21 Sec. ___. Section 425.23, subsection 1, Code 2019, is 22 amended by adding the following new paragraph: 23 NEW PARAGRAPH . c. The tentative credit for a claimant 24 described in section 425.17, subsection 2, paragraph “a” , 25 subparagraph (3), shall be the sum of the following: 26 (1) The amount of the credit under the schedule specified in 27 paragraph “a” of this subsection if the claimant was a claimant 28 as defined in section 425.17, subsection 2, paragraph “a” , 29 subparagraph (1), filing for a credit under paragraph “a” of 30 this subsection. 31 (2) The difference between the actual amount of property 32 taxes due on the homestead during the fiscal year next 33 following the base year following application of the amount 34 determined under subparagraph (1) minus the actual amount 35 -2- SF634.2414 (1) 88 md/jh 2/ 4
of property taxes due on the homestead during the first 1 fiscal year for which the claimant filed a claim for a credit 2 calculated under this paragraph “c” following application of 3 all applicable credits and for which the property taxes due on 4 the homestead were calculated on an assessed valuation that 5 was not a partial assessment and if the claimant has filed for 6 the credit calculated under this paragraph “c” for each of the 7 subsequent fiscal years after the first credit claimed. 8 Sec. ___. Section 425.23, subsection 4, paragraph a, Code 9 2019, is amended to read as follows: 10 a. For the base year beginning in the 1999 calendar year 11 and for each subsequent base year, the dollar amounts set 12 forth in subsections subsection 1 , paragraphs “a” and “b” , and 13 subsection 3 shall be multiplied by the cumulative adjustment 14 factor for that base year. “Cumulative adjustment factor” means 15 the product of the annual adjustment factor for the 1998 base 16 year and all annual adjustment factors for subsequent base 17 years. The cumulative adjustment factor applies to the base 18 year beginning in the calendar year for which the latest annual 19 adjustment factor has been determined. 20 Sec. ___. Section 425.24, Code 2019, is amended to read as 21 follows: 22 425.24 Maximum property tax for purpose of credit or 23 reimbursement. 24 In For claimants under section 425.17, subsection 2, 25 paragraph “a” , subparagraphs (1) and (2), and for the 26 calculation under section 425.23, subsection 1, paragraph “c” , 27 subparagraph (2), in any case in which property taxes due or 28 rent constituting property taxes paid for any household exceeds 29 one thousand dollars, the amount of property taxes due or rent 30 constituting property taxes paid shall be deemed to have been 31 one thousand dollars for purposes of this subchapter . 32 Sec. ___. Section 425.39, Code 2019, is amended to read as 33 follows: 34 425.39 Fund created —— appropriation —— priority. 35 -3- SF634.2414 (1) 88 md/jh 3/ 4
The elderly and disabled property tax credit and 1 reimbursement fund is created. There is appropriated annually 2 from the general fund of the state to the department of revenue 3 to be credited to the elderly and disabled property tax credit 4 and reimbursement fund, from funds not otherwise appropriated, 5 an amount sufficient to implement this subchapter for claimants 6 described in section 425.17, subsection 2 , paragraph “a” , 7 subparagraph subparagraphs (1) and (3) . 8 Sec. ___. APPLICABILITY. This division of this Act applies 9 to claims under chapter 425, subchapter II, filed on or after 10 January 1, 2020. > 11 2. Title page, line 4, after < manual, > by inserting 12 < modifying property tax credits for certain elderly and 13 disabled persons, > 14 3. By renumbering as necessary. 15 ______________________________ FORBES of Polk -4- SF634.2414 (1) 88 md/jh 4/ 4 #2. #3.