House File 2641 S-5157 Amend House File 2641, as amended, passed, and reprinted by 1 the House, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < DIVISION I 5 DEPARTMENT OF REVENUE ADMINISTRATION AND PENALTY PROVISIONS 6 Section 1. Section 421.6, Code 2020, is amended to read as 7 follows: 8 421.6 Definition of return. 9 For purposes of this title , unless the context otherwise 10 requires, “return” means any tax or information return, amended 11 return, declaration of estimated tax, or claim for refund 12 that is required by, provided for, or permitted under, the 13 provisions of this title or section 533.329, and which is filed 14 with the department by, on behalf of, or with respect to any 15 person. “Return” includes any amendment or supplement to these 16 items, including supporting schedules, attachments, or lists 17 which are supplemental to or part of the filed return. 18 Sec. 2. Section 421.17, Code 2020, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 36. To enter into an agreement pursuant 21 to chapter 28E with the state fair organized under chapter 173 22 or with a fair defined in section 174.1, to collect and remit 23 taxes and fees from sellers making sales at retail on property 24 owned, controlled, or operated by a fair or through events 25 conducted by a fair. 26 Sec. 3. Section 421.27, subsection 1, Code 2020, is amended 27 to read as follows: 28 1. Failure to timely file a return or deposit form. 29 a. If a person fails to file with the department on or 30 before the due date a return or deposit form there shall be 31 added to the tax shown due or required to be shown due a penalty 32 of ten percent of the tax shown due or required to be shown due. 33 b. In the case of a specified business with no tax shown 34 due or required to be shown due that fails to timely file an 35 -1- HF2641.4500 (2) 88 jm/jh 1/ 86 #1.

income return, the specified business shall pay the greater of 1 the following penalty amounts: 2 (1) Two hundred dollars. 3 (2) An amount equal to ten percent of the imputed Iowa 4 liability of the specified business, not to exceed twenty-five 5 thousand dollars. 6 c. The penalty, if assessed pursuant to paragraph “a” or 7 “b” , shall be waived by the department upon a showing of any of 8 the following conditions: 9 a. (1) At An amount of tax greater than zero is required to 10 be shown due and at least ninety percent of the tax required to 11 be shown due has been paid by the due date of the tax. 12 b. (2) Those taxpayers who are required to file quarterly 13 returns, or monthly or semimonthly deposit forms may have one 14 late return or deposit form within a three-year period. The 15 use of any other penalty exception will not count as a late 16 return or deposit form for purposes of this exception. 17 c. (3) The death of a taxpayer, death of a member of 18 the immediate family of the taxpayer, or death of the person 19 directly responsible for filing the return and paying the tax, 20 when the death interferes with timely filing. 21 d. (4) The onset of serious, long-term illness or 22 hospitalization of the taxpayer, of a member of the immediate 23 family of the taxpayer, or of the person directly responsible 24 for filing the return and paying the tax. 25 e. (5) Destruction of records by fire, flood, or other act 26 of God. 27 f. (6) The taxpayer presents proof that the taxpayer 28 relied upon applicable, documented, written advice specifically 29 made to the taxpayer, to the taxpayer’s preparer, or to an 30 association representative of the taxpayer from the department, 31 state department of transportation, county treasurer, or 32 federal internal revenue service, whichever is appropriate, 33 that has not been superseded by a court decision, ruling by a 34 quasi-judicial body, or the adoption, amendment, or repeal of 35 -2- HF2641.4500 (2) 88 jm/jh 2/ 86

a rule or law. 1 g. (7) Reliance upon results in a previous audit was a 2 direct cause for the failure to file where the previous audit 3 expressly and clearly addressed the issue and the previous 4 audit results have not been superseded by a court decision, or 5 the adoption, amendment, or repeal of a rule or law. 6 h. (8) Under rules prescribed by the director, the taxpayer 7 presents documented proof of substantial authority to rely 8 upon a particular position or upon proof that all facts and 9 circumstances are disclosed on a return or deposit form. 10 i. (9) The return, deposit form, or payment is timely, 11 but erroneously, mailed with adequate postage to the internal 12 revenue service, another state agency, or a local government 13 agency and the taxpayer provides proof of timely mailing with 14 adequate postage. 15 j. (10) The tax has been paid by the wrong licensee and the 16 payments were timely remitted to the department for one or more 17 tax periods prior to notification by the department. 18 k. (11) The failure to file was discovered through a 19 sanctioned self-audit program conducted by the department. 20 l. (12) If the availability of funds in payment of tax 21 required to be made through electronic funds transfer is 22 delayed and the delay of availability is due to reasons beyond 23 the control of the taxpayer. “Electronic funds transfer” means 24 any transfer of funds, other than a transaction originated 25 by check, draft, or similar paper instrument, that is 26 initiated through an electronic terminal telephone, computer, 27 magnetic tape, or similar device for the purpose of ordering, 28 instructing, or authorizing a financial institution to debit or 29 credit an account. 30 m. (13) The failure to file a timely inheritance tax return 31 resulting solely from a disclaimer that required the personal 32 representative to file an inheritance tax return. The penalty 33 shall be waived if such return is filed and any tax due is paid 34 within the later of nine months from the date of death or sixty 35 -3- HF2641.4500 (2) 88 jm/jh 3/ 86

days from the delivery or filing of the disclaimer pursuant to 1 section 633E.12 . 2 n. (14) That an Iowa inheritance tax return is filed for 3 an estate within the later of nine months from the date of 4 death or sixty days from the filing of a disclaimer by the 5 beneficiary of the estate refusing to take the property or 6 right or interest in the property. 7 Sec. 4. Section 421.27, subsections 4 and 6, Code 2020, are 8 amended to read as follows: 9 4. Willful failure to file or deposit. 10 a. (1) In case of willful failure to file a return 11 or deposit form with the intent to evade tax or a filing 12 requirement , or in case of willfully filing a false return 13 or deposit form with the intent to evade tax, in lieu of the 14 penalties otherwise provided in this section , a penalty of 15 seventy-five percent shall be added to the amount shown due or 16 required to be shown as tax on the return or deposit form. 17 (2) In case of a willful failure by a specified business to 18 file an income return with no tax shown due or required to be 19 shown due with intent to evade a filing requirement, or in case 20 of willfully filing a false income return with no tax shown due 21 or required to be shown due with the intent to evade reporting 22 of Iowa-source income, the penalty imposed shall be the greater 23 of the following amounts: 24 (a) One thousand five hundred dollars. 25 (b) An amount equal to seventy-five percent of the imputed 26 Iowa liability of the specified business. 27 (3) If penalties are applicable for failure to file a 28 return or deposit form and failure to pay the tax shown due or 29 required to be shown due on the return or deposit form, the 30 penalty provision for failure to file shall be in lieu of the 31 penalty provisions for failure to pay the tax shown due or 32 required to be shown due on the return or deposit form, except 33 in the case of willful failure to file a return or deposit form 34 or willfully filing a false return or deposit form with intent 35 -4- HF2641.4500 (2) 88 jm/jh 4/ 86

to evade tax. 1 b. The penalties imposed under this subsection are not 2 subject to waiver. 3 6. Improper receipt of payments Liability —— fraudulent 4 practice . A person who makes an erroneous application for 5 refund, credit, reimbursement, rebate, or other payment shall 6 be liable for any overpayment received or tax liability reduced 7 plus interest at the rate in effect under section 421.7 . 8 a. In addition, a person who willfully commits a fraudulent 9 practice and is liable for a penalty equal to seventy-five 10 percent of the refund, credit, exemption, reimbursement, 11 rebate, or other payment or benefit being claimed if the person 12 does any of the following: 13 (1) Willfully makes a false or frivolous application for 14 refund, credit , exemption , reimbursement, rebate, or other 15 payment or benefit with intent to evade tax or with intent to 16 receive a refund, credit, exemption, reimbursement, rebate, 17 or other payment or benefit, to which the person is not 18 entitled is guilty of a fraudulent practice and is liable for a 19 penalty equal to seventy-five percent of the refund, credit, 20 reimbursement, rebate, or other payment being claimed . 21 (2) Willfully submits any false information, document, 22 or document containing false information in support of an 23 application for refund, credit, exemption, reimbursement, 24 rebate, or other payment or benefit with the intent to evade 25 tax. 26 (3) Willfully submits with any false information, document, 27 or document containing false information in support of an 28 application for refund with the intent to receive a refund, 29 credit, exemption, reimbursement, rebate, or other payment 30 benefit, to which the person is not entitled. 31 b. Payments, penalties, and interest due under this 32 subsection may be collected and enforced in the same manner as 33 the tax imposed. 34 Sec. 5. Section 421.27, Code 2020, is amended by adding the 35 -5- HF2641.4500 (2) 88 jm/jh 5/ 86

following new subsections: 1 NEW SUBSECTION . 8. Definitions. As used in this section: 2 a. “Imputed Iowa liability” means any of the following: 3 (1) In the case of corporations other than corporations 4 described in section 422.34 or section 422.36, subsection 5, 5 the corporation’s Iowa net income after the application of the 6 Iowa business activity ratio, if applicable, multiplied by the 7 top income tax rate imposed under section 422.33 for the tax 8 year. 9 (2) In the case of financial institutions as defined in 10 section 422.61, the financial institution’s Iowa net income 11 after the application of the Iowa business activity ratio, if 12 applicable, multiplied by the franchise tax rate imposed under 13 section 422.63 for the tax year. 14 (3) In this case of all other entities, including 15 corporations described in section 422.36, subsection 5, and all 16 other entities required to file an information return under 17 section 422.15, subsection 2, the entity’s Iowa net income 18 after the application of the Iowa business activity ratio, if 19 applicable, multiplied by the top income tax rate imposed under 20 section 422.5A for the tax year. 21 b. “Income return” means an income tax return or information 22 return required under section 422.15, subsection 2, or section 23 422.36, 422.37, or 422.62. 24 c. “Specified business” means a partnership or other entity 25 required to file an information return under section 422.15, 26 subsection 2, a corporation required to file a return under 27 section 422.36 or 422.37, or a financial institution required 28 to file a return under section 422.62. 29 NEW SUBSECTION . 9. Additional penalty. In addition to the 30 penalties imposed by this section, if a taxpayer fails to file 31 a return within ninety days of written notice by the department 32 that the taxpayer is required to do so, there shall be added to 33 the amount shown due or required to be shown due a penalty in 34 the amount of one thousand dollars. 35 -6- HF2641.4500 (2) 88 jm/jh 6/ 86

Sec. 6. NEW SECTION . 421.27A Perjury. 1 1. For purposes of this title, a form, application, or any 2 other documentation required or requested by the department 3 shall be required to be certified under penalty of perjury that 4 the information contained in the form, application, or other 5 documentation is true and correct. 6 2. A person commits a class “D” felony under any of the 7 following circumstances: 8 a. The person makes a form, application, or other document 9 containing false information in support of an application for 10 refund, credit, exemption, reimbursement, rebate, or other 11 payment or benefit with intent to evade tax. 12 b. The person makes a form, application, or other document 13 containing false information with intent to unlawfully receive 14 a refund, credit, exemption, reimbursement, rebate, or other 15 payment or benefit, to which the person is not entitled. 16 c. The person knowingly makes any false affidavit. 17 d. The person knowingly swears or affirms falsely to any 18 matter or thing required by the terms of this title to be sworn 19 to or affirmed. 20 Sec. 7. NEW SECTION . 421.59 Power of attorney —— authority 21 to act on behalf of taxpayer. 22 1. a. A taxpayer may authorize an individual to act on 23 behalf of the taxpayer by filing a power of attorney with the 24 department, on a form prescribed by the department. 25 b. A taxpayer may at any time revoke a power of attorney 26 filed with the department pursuant to subsection 1. Upon 27 processing of the taxpayer’s revocation of a power of attorney, 28 the department shall cease honoring the power of attorney. 29 2. The department may authorize the following persons to act 30 and receive information on behalf of and exercise all of the 31 rights of a taxpayer, regardless of whether a power of attorney 32 has been filed pursuant to subsection 1: 33 a. A guardian, conservator, or custodian appointed by a 34 court, if a taxpayer has been deemed legally incompetent by a 35 -7- HF2641.4500 (2) 88 jm/jh 7/ 86

court. The authority of the appointee to act on behalf of the 1 taxpayer shall be limited to the extent specifically stated in 2 the order of appointment. 3 (1) Upon request, a guardian, conservator, or custodian of 4 a taxpayer shall submit to the department a copy of the court 5 order appointing the guardian, conservator, or custodian. 6 (2) The department may petition the court that appointed the 7 guardian, conservator, or custodian to verify the appointment 8 or to determine the scope of the appointment. 9 b. A receiver appointed pursuant to chapter 680. An 10 appointed receiver shall be limited to act on behalf of the 11 taxpayer by the authority stated in the order of appointment. 12 (1) Upon the request of the department, a receiver shall 13 submit to the department a copy of the court order appointing 14 the receiver. 15 (2) The department may petition the court that appointed the 16 receiver to verify the appointment or to determine the scope 17 of the appointment. 18 c. An individual who has been named as an authorized 19 representative on a fiduciary return of income filed under 20 section 422.14 or a tax return filed under chapter 450. 21 d. (1) An individual holding the following title or 22 position within a corporation, association, partnership, or 23 other business entity: 24 (a) A president or chief executive officer, or any other 25 officer of the corporation or association if the president or 26 chief executive officer certifies that the officer has the 27 authority to legally bind the corporation or association. 28 (b) A designated partner duly authorized to act on behalf 29 of the partnership. 30 (c) A person authorized to act on behalf of a limited 31 liability company in tax matters pursuant to a valid statement 32 of authority. 33 (2) An individual seeking to act on behalf of a taxpayer 34 pursuant to this paragraph shall file an affidavit with the 35 -8- HF2641.4500 (2) 88 jm/jh 8/ 86

department attesting to the identity and qualifications of the 1 individual and any necessary certifications required under this 2 paragraph. The department may require any documents or other 3 evidence to demonstrate the individual has authority to act on 4 behalf of the taxpayer before the department. 5 e. A licensed attorney who has appeared on behalf of the 6 taxpayer or the taxpayer’s estate in a court proceeding. 7 Authorization under this paragraph is limited to those matters 8 within the scope of the representation. 9 f. A parent or guardian of a taxpayer who has not reached 10 the age of majority where the parent or guardian has signed the 11 taxpayer’s return on behalf of the taxpayer. Authorization 12 under this paragraph is limited to those matters relating to 13 the return signed by the parent or guardian. Authorization 14 under this paragraph automatically terminates when the taxpayer 15 reaches the age of majority pursuant to section 599.1. 16 3. a. In lieu of executing a power of attorney pursuant 17 to subsection 1, the department may enter into a memorandum of 18 understanding with the taxpayer for each employee, officer, 19 or member of a third-party entity engaged with or otherwise 20 hired by a taxpayer to manage the tax matters of the taxpayer, 21 to permit the disclosure of confidential tax information to 22 the third-party entity and the authority to act on behalf of 23 the taxpayer. The memorandum of understanding shall adhere to 24 requirements as established by the director. 25 b. The memorandum of understanding shall be signed by 26 the director, the taxpayer, and the third-party entity or an 27 authorized representative of the third-party entity. 28 c. At any time, a taxpayer may unilaterally revoke 29 a memorandum of understanding entered into pursuant to 30 this subsection by filing a notice of revocation with the 31 department. Upon the filing of such a revocation by the 32 taxpayer, the department shall cease honoring the memorandum 33 of understanding. 34 4. The department shall adopt rules pursuant to chapter 17A 35 -9- HF2641.4500 (2) 88 jm/jh 9/ 86

to administer this section. 1 Sec. 8. Section 421.60, subsection 2, paragraph a, 2 subparagraph (2), Code 2020, is amended to read as follows: 3 (2) The statement prepared in accordance with this 4 paragraph shall be available on the department’s internet site. 5 The internet site for this information shall be distributed by 6 the department to all taxpayers at the first contact by the 7 department with respect to the determination or collection of 8 any tax, except in the case of simply providing tax forms. 9 Sec. 9. Section 421.60, Code 2020, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 11. Electronic communication. 12 Notwithstanding any provision of the law to the contrary, for 13 purposes of this title and sections 321.105A and 533.329, a 14 taxpayer may elect to receive any notices, correspondence, 15 or other communication electronically that the department is 16 required to send by regular mail. The director may establish 17 procedures and limitations for obtaining this election from the 18 taxpayer. 19 Sec. 10. Section 421.62, subsection 1, Code 2020, is amended 20 by adding the following new paragraph: 21 NEW PARAGRAPH . 0b. “Income tax return or claim for refund” 22 means any tax return or claim for refund under chapter 422, 23 excluding withholding returns under section 422.16. 24 Sec. 11. Section 421.62, subsection 1, paragraph c, 25 subparagraph (1), Code 2020, is amended to read as follows: 26 (1) “Tax return preparer” means any individual who, for 27 a fee or other consideration, prepares ten or more income 28 tax returns or claims for refund under chapter 422 during 29 a calendar year, or who assumes final responsibility for 30 completed work on such income tax returns or claims for refund 31 under chapter 422 on which preliminary work has been done by 32 another individual. 33 Sec. 12. Section 421.62, subsection 2, paragraph a, Code 34 2020, is amended to read as follows: 35 -10- HF2641.4500 (2) 88 jm/jh 10/ 86

a. On or after January 1, 2020, a tax return preparer 1 is required to include the tax return preparer’s PTIN on 2 any income tax return or claim for refund prepared by the 3 tax return preparer and filed under chapter 422 with the 4 department . 5 Sec. 13. Section 421.64, subsection 1, Code 2020, is amended 6 to read as follows: 7 1. For purposes of this section , “tax return preparer” means 8 the same as defined in section 421.61 421.62 . 9 Sec. 14. Section 422.20, subsections 1 and 2, Code 2020, are 10 amended to read as follows: 11 1. It shall be unlawful for any present or former officer 12 or employee of the state to willfully or recklessly divulge or 13 to make known in any manner whatever not provided by law to 14 any person the amount or source of income, profits, losses, 15 expenditures, or any particular thereof, set forth or disclosed 16 in any income return, or to permit any income return or copy 17 thereof or any book containing any abstract or particulars 18 thereof to be seen or examined by any person except as provided 19 by law; and it shall be unlawful for any person to willfully or 20 recklessly print or publish in any manner whatever not provided 21 by law any income return, or any part thereof or source of 22 income, profits, losses, or expenditures appearing in any 23 income return; and any person committing an offense against the 24 foregoing provision shall be guilty of a serious misdemeanor. 25 If the offender is an officer or employee of the state, such 26 person shall also be dismissed from office or discharged from 27 employment. Nothing herein shall prohibit turning over to duly 28 authorized officers of the United States or tax officials of 29 other states state information and income returns pursuant 30 to agreement between the director and the secretary of the 31 treasury of the United States or the secretary’s delegate or 32 pursuant to a reciprocal agreement with another state. 33 2. It is unlawful for an officer, employee, or agent, or 34 former officer, employee, or agent of the state to willfully 35 -11- HF2641.4500 (2) 88 jm/jh 11/ 86

or recklessly disclose to any person, except as authorized 1 in subsection 1 of this section , any federal tax return 2 or return information as defined in section 6103(b) of the 3 Internal Revenue Code. It is unlawful for a person to whom 4 any federal tax return or return information, as defined in 5 section 6103(b) of the Internal Revenue Code, is disclosed 6 in a manner unauthorized by subsection 1 of this section 7 to thereafter willfully or recklessly print or publish in 8 any manner not provided by law any such return or return 9 information. A person violating this provision is guilty of 10 a serious misdemeanor. 11 Sec. 15. Section 422.20, subsection 3, paragraph a, Code 12 2020, is amended to read as follows: 13 a. Unless otherwise expressly permitted by section 8A.504 , 14 section 8G.4 , section 11.41 , section 96.11, subsection 6 , 15 section 421.17, subsections 22, 23, and 26 , section 421.17, 16 subsection 27 , paragraph “k” , section 421.17, subsection 31 , 17 section 252B.9 , section 321.40, subsection 6 , sections 321.120 , 18 421.19 , 421.28 , 421.59, 422.72 , and 452A.63 , this section , or 19 another provision of law, a tax return, return information, or 20 investigative or audit information shall not be divulged to any 21 person or entity, other than the taxpayer, the department, or 22 internal revenue service for use in a matter unrelated to tax 23 administration. 24 Sec. 16. Section 422.20, Code 2020, is amended by adding the 25 following new subsections: 26 NEW SUBSECTION . 3A. The director may disclose the tax 27 return of a partnership, limited liability company, or S 28 corporation, any such return information, or any investigative 29 information related to the return, to any person who was a 30 partner, shareholder, or member of such an entity during any 31 part of the period covered by the return. 32 NEW SUBSECTION . 3B. a. Prior to being made available for 33 public inspection, the department shall redact from the record 34 in an appeal or contested case the following information from 35 -12- HF2641.4500 (2) 88 jm/jh 12/ 86

any pleading, exhibit, attachment, motion, written evidence, 1 final order, decision, or opinion: 2 (1) A financial account number. 3 (2) An account number generated by the department to 4 identify an audit or examination. 5 (3) A social security number. 6 (4) A federal employer identification number. 7 (5) The name of a minor. 8 (6) A medical record or other medical information. 9 b. Upon a motion filed by the taxpayer, the department 10 may redact from the record in an appeal or contested case any 11 other information from a pleading, exhibit, attachment, motion, 12 or written evidence, if the taxpayer proves by clear and 13 convincing evidence that the release of such information would 14 disclose a trade secret or be a clear, unwarranted invasion of 15 personal privacy. 16 c. Notwithstanding paragraph “a” , when making final orders, 17 decisions, or opinions available for public inspection, the 18 department may disclose the items in paragraph “a” if the 19 department determines such information is necessary to the 20 resolution or decision of the appeal or case. 21 d. Except as described in paragraphs “a” and “b” , all 22 information contained in a pleading, exhibit, attachment, 23 motion, written evidence, final order, decision, opinion, 24 and the record in an appeal or contested case is subject to 25 examination to the extent provided by chapter 22. 26 Sec. 17. Section 422.25, subsection 1, Code 2020, is amended 27 by adding the following new paragraph: 28 NEW PARAGRAPH . c. The period of examination and 29 determination is unlimited under this title in the case of 30 any action by the department to recover or rescind any tax 31 expenditure as defined by section 2.48, subsection 1, or any 32 other incentive or assistance, due to a failure to meet or 33 maintain the requirements of a program administered by the 34 economic development authority. 35 -13- HF2641.4500 (2) 88 jm/jh 13/ 86

Sec. 18. Section 422.69, subsection 1, Code 2020, is amended 1 to read as follows: 2 1. All fees, taxes, interest, and penalties imposed under 3 this chapter shall be paid to the department in the form of 4 remittances payable to the state treasurer department and the 5 department shall transmit each payment daily to the state 6 treasurer. 7 Sec. 19. Section 422.72, subsection 1, paragraph a, 8 subparagraph (1), Code 2020, is amended to read as follows: 9 (1) It is unlawful for the director, or any person having 10 an administrative duty under this chapter , or any present or 11 former officer or other employee of the state authorized by the 12 director to examine returns, to willfully or recklessly divulge 13 in any manner whatever, the business affairs, operations, or 14 information obtained by an investigation under this chapter of 15 records and equipment of any person visited or examined in the 16 discharge of official duty, or the amount or source of income, 17 profits, losses, expenditures or any particular thereof, set 18 forth or disclosed in any return, or to willfully or recklessly 19 permit any return or copy of a return or any book containing 20 any abstract or particulars thereof to be seen or examined by 21 any person except as provided by law. 22 Sec. 20. Section 422.72, Code 2020, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 7A. a. Prior to being made available for 25 public inspection, the department shall redact from the record 26 in an appeal or contested case the following information from 27 any pleading, exhibit, attachment, motion, written evidence, 28 final order, decision, or opinion: 29 (1) A financial account number. 30 (2) An account number generated by the department to 31 identify an audit or examination. 32 (3) A social security number. 33 (4) A federal employer identification number. 34 (5) The name of a minor. 35 -14- HF2641.4500 (2) 88 jm/jh 14/ 86

(6) A medical record or other medical information. 1 b. Upon a motion filed by the taxpayer, the department 2 may redact from the record in an appeal or contested case any 3 other information from a pleading, exhibit, attachment, motion, 4 or written evidence, if the taxpayer proves by clear and 5 convincing evidence that the release of such information would 6 disclose a trade secret or be a clear, unwarranted invasion of 7 personal privacy. 8 c. Notwithstanding paragraph “a” , when making final orders, 9 decisions, or opinions available for public inspection, the 10 department may disclose the items in paragraph “a” if the 11 department determines such information is necessary to the 12 resolution or decision of the appeal or case. 13 d. Except as described in paragraphs “a” and “b” , all 14 information contained in a pleading, exhibit, attachment, 15 motion, written evidence, final order, decision, opinion, 16 and the record in an appeal or contested case is subject to 17 examination to the extent provided by chapter 22. 18 Sec. 21. Section 423.37, Code 2020, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 4. The period of limitation on examination 21 and determination is unlimited under this title in the case 22 of any action by the department to recover or rescind any tax 23 expenditure as defined by section 2.48, subsection 1, or any 24 other incentive or assistance, due to a failure to meet or 25 maintain the requirements of a program administered by the 26 economic development authority. 27 Sec. 22. Section 428A.1, subsection 3, Code 2020, is amended 28 to read as follows: 29 3. The declaration of value shall state the full 30 consideration paid for the real property transferred. If 31 agricultural land, as defined in section 9H.1 , is purchased by 32 a corporation, limited partnership, trust, alien or nonresident 33 alien, the declaration of value shall include the name and 34 address of the buyer, the name and address of the seller, a 35 -15- HF2641.4500 (2) 88 jm/jh 15/ 86

legal description of the agricultural land, and identify the 1 buyer as a corporation, limited partnership, trust, alien, or 2 nonresident alien. The county recorder shall not record the 3 declaration of value, but shall enter on the declaration of 4 value information the director of revenue requires for the 5 production of the sales/assessment ratio study and transmit 6 all declarations of value to the city or county assessor in 7 whose jurisdiction the property is located. The city or county 8 assessor shall enter on the declaration of value provide the 9 information the director of revenue requires for the production 10 of the sales/assessment ratio study and transmit one copy of 11 each declaration of value to the director of revenue, at times 12 as directed by the director of revenue. The assessor shall 13 retain one copy of each declaration of value for three years 14 from December 31 of the year in which the transfer of realty 15 for which the declaration was filed took place. The director 16 of revenue shall, upon receipt of the information required to 17 be filed under this chapter by the city or county assessor, 18 send to the office of the secretary of state that part of the 19 declaration of value which identifies a corporation, limited 20 partnership, trust, alien, or nonresident alien as a purchaser 21 of agricultural land as defined in section 9H.1 . 22 Sec. 23. Section 441.48, Code 2020, is amended to read as 23 follows: 24 441.48 Notice of adjustment. 25 1. Before the department of revenue shall adjust the 26 valuation of any class of property any such percentage, the 27 department shall first serve ten days’ notice by mail, on the 28 county auditor of the county whose valuation is proposed to be 29 adjusted. The department shall hold an adjourned meeting after 30 such 31 2. If the county or assessing jurisdiction intends to 32 protest the proposed adjustment, the board of supervisors or 33 city council, as applicable, shall provide the department with 34 notice of intent to protest prior to expiration of the ten 35 -16- HF2641.4500 (2) 88 jm/jh 16/ 86

days’ notice. 1 3. After expiration of the ten days’ notice, at which time 2 the county or assessing jurisdiction may appear by its city 3 council or board of supervisors, city or county attorney, and 4 other assessing jurisdiction, or city or county officials, and 5 make written or oral protest against such proposed adjustment. 6 4. The protest shall consist simply of a statement of the 7 error, or errors, complained of with such facts as may lead to 8 their correction. At the adjourned meeting 9 5. After written protest is received, or an oral protest 10 is heard, the final action may be taken in reference to the 11 proposed adjustment. 12 Sec. 24. Section 489.706, subsection 2, Code 2020, is 13 amended to read as follows: 14 2. The secretary of state shall refer the federal tax 15 identification number contained in the application for 16 reinstatement to the departments department of revenue and 17 workforce development. The departments department of revenue 18 and workforce development shall report to the secretary of 19 state the tax status of the limited liability company. If 20 either the department reports to the secretary of state that 21 a filing delinquency or liability exists against the limited 22 liability company, the secretary of state shall not cancel the 23 declaration of dissolution until the filing delinquency or 24 liability is satisfied. 25 Sec. 25. Section 490.1422, subsection 2, paragraph a, Code 26 2020, is amended to read as follows: 27 a. The secretary of state shall refer the federal tax 28 identification number contained in the application for 29 reinstatement to the departments department of revenue and 30 workforce development. The departments department of revenue 31 and workforce development shall report to the secretary 32 of state the tax status of the corporation. If either the 33 department reports to the secretary of state that a filing 34 delinquency or liability exists against the corporation, 35 -17- HF2641.4500 (2) 88 jm/jh 17/ 86

the secretary of state shall not cancel the certificate of 1 dissolution until the filing delinquency or liability is 2 satisfied. 3 Sec. 26. Section 501.813, subsection 2, paragraph a, Code 4 2020, is amended to read as follows: 5 a. The secretary of state shall refer the federal tax 6 identification number contained in the application for 7 reinstatement to the departments department of revenue and 8 workforce development. The departments department of revenue 9 and workforce development shall report to the secretary 10 of state the tax status of the cooperative. If either the 11 department reports to the secretary of state that a filing 12 delinquency or liability exists against the cooperative, 13 the secretary of state shall not cancel the certificate of 14 dissolution until the filing delinquency or liability is 15 satisfied. 16 Sec. 27. Section 504.1423, subsection 2, paragraph a, Code 17 2020, is amended to read as follows: 18 a. The secretary of state shall refer the federal tax 19 identification number contained in the application for 20 reinstatement to the departments department of revenue and 21 workforce development. The departments department of revenue 22 and workforce development shall report to the secretary 23 of state the tax status of the corporation. If either the 24 department reports to the secretary of state that a filing 25 delinquency or liability exists against the corporation, 26 the secretary of state shall not cancel the certificate of 27 dissolution until the filing delinquency or liability is 28 satisfied. 29 Sec. 28. Section 533.329, Code 2020, is amended by adding 30 the following new subsection: 31 NEW SUBSECTION . 03. Returns shall be in the form the 32 director of revenue prescribes, and shall be filed with the 33 department of revenue on or before the last day of the fourth 34 month after the expiration of the tax year. The moneys and 35 -18- HF2641.4500 (2) 88 jm/jh 18/ 86