House
File
976
-
Enrolled
House
File
976
AN
ACT
RELATING
TO
THE
ADMINISTRATION
OF
THE
TAX
BY
THE
DEPARTMENT
OF
REVENUE
BY
MODIFYING
PROVISIONS
RELATED
TO
PERSONAL
INCOME,
PROPERTY,
SALES
AND
USE,
MOTOR
FUEL,
AND
INHERITANCE
TAXES,
CHANGING
TAX
EXPENDITURE
REVIEWS,
AND
INCLUDING
EFFECTIVE
DATE
AND
RETROACTIVE
APPLICABILITY
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
DISCLOSURE
OF
TAX
INFORMATION
Section
1.
Section
421.19,
subsection
2,
Code
2025,
is
amended
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
following:
2.
The
department
may
notify
federal,
state,
or
local
law
enforcement
agencies,
and
may
disclose
state
returns,
state
return
information,
state
investigative
information
or
audit
information,
or
any
other
state
information,
to
such
law
enforcement
agencies,
if
the
department
has
information
that
indicates
any
of
the
following:
a.
A
person
intentionally
filed
a
false
claim,
affidavit,
return,
or
other
information
with
intent
to
evade
tax
or
obtain
a
refund,
credit,
or
other
benefit
from
the
department.
b.
A
person
failed
to
file
a
return
with
intent
to
evade
a
tax
or
filing
requirement.
c.
A
person
failed
to
pay
with
the
intent
to
evade
tax.
House
File
976,
p.
2
d.
A
person
committed
any
act
or
omission
that
is
a
criminal
offense
under
a
provision
of
this
title
administered
by
the
department.
Sec.
2.
Section
421.19,
subsection
3,
Code
2025,
is
amended
to
read
as
follows:
3.
Notwithstanding
sections
422.20
and
422.72
,
the
department
may
disclose
state
returns,
state
return
information,
state
investigative
or
audit
information,
or
any
other
state
information
as
provided
under
this
section
.
Sec.
3.
Section
422.20,
subsection
3,
paragraph
a,
Code
2025,
is
amended
to
read
as
follows:
a.
Unless
otherwise
expressly
permitted
by
section
8G.4
,
section
11.41
,
section
96.11,
subsection
6
,
section
421.17,
subsections
22,
23,
and
26
,
section
421.17,
subsection
27
,
paragraph
“k”
,
section
421.17,
subsection
31
,
section
252B.9
,
section
321.40,
subsection
6
,
sections
321.120
,
421.19
,
421.28
,
421.59
,
421.65
,
422.72
,
and
452A.63
,
and
556.19,
subsection
2,
this
section
,
or
another
provision
of
law,
a
tax
return,
return
information,
or
investigative
or
audit
information
shall
not
be
divulged
to
any
person
or
entity,
other
than
the
taxpayer,
the
department,
or
internal
revenue
service
for
use
in
a
matter
unrelated
to
tax
administration.
Sec.
4.
Section
422.72,
subsection
3,
paragraph
a,
Code
2025,
is
amended
to
read
as
follows:
a.
Unless
otherwise
expressly
permitted
by
section
8G.4
,
section
11.41
,
section
96.11,
subsection
6
,
section
421.17,
subsections
22,
23,
and
26
,
section
421.17,
subsection
27
,
paragraph
“k”
,
section
421.17,
subsection
31
,
section
252B.9
,
section
321.40,
subsection
6
,
sections
321.120
,
421.19
,
421.28
,
421.65
,
422.20
,
and
452A.63
,
and
section
556.19,
subsection
2,
this
section
,
or
another
provision
of
law,
a
tax
return,
return
information,
or
investigative
or
audit
information
shall
not
be
divulged
to
any
person
or
entity,
other
than
the
taxpayer,
the
department,
or
internal
revenue
service
for
use
in
a
matter
unrelated
to
tax
administration.
Sec.
5.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
DIVISION
II
ANNUAL
REPORTING
House
File
976,
p.
3
Sec.
6.
Section
421.60,
subsection
2,
paragraph
k,
Code
2025,
is
amended
by
striking
the
paragraph.
Sec.
7.
Section
422.75,
Code
2025,
is
amended
to
read
as
follows:
422.75
Statistics
——
publication.
The
department
shall
prepare
and
publish
an
annual
report
which
shall
include
statistics
reasonably
available,
with
respect
to
the
operation
of
this
chapter
,
including
amounts
collected,
classification
of
taxpayers,
and
such
other
facts
as
are
deemed
pertinent
and
valuable.
The
annual
report
shall
also
include
the
reports
and
information
required
pursuant
to
section
421.60,
subsection
2
,
paragraph
“k”
.
DIVISION
III
PROPERTY
TAX
——
CHANGES
Sec.
8.
Section
425.20,
subsection
3,
Code
2025,
is
amended
to
read
as
follows:
3.
In
case
of
sickness,
absence,
or
other
disability
of
the
claimant
or
if,
in
the
judgment
of
the
director
of
revenue
or
the
director
of
health
and
human
services
,
as
applicable,
good
cause
exists
and
the
claimant
requests
an
extension,
the
director
of
health
and
human
services
may
extend
the
time
for
filing
a
claim
for
reimbursement
and
the
director
of
revenue
may
extend
the
time
for
filing
a
claim
for
credit
.
However,
any
further
time
granted
shall
not
extend
beyond
December
31
of
the
year
following
the
year
in
which
the
claim
was
required
to
be
filed.
Claims
filed
as
a
result
of
this
subsection
shall
be
filed
with
the
director
of
health
and
human
services
or
the
director
of
revenue,
as
applicable,
who
shall
provide
for
the
reimbursement
of
the
claim
to
the
claimant.
Sec.
9.
Section
445.60,
Code
2025,
is
amended
to
read
as
follows:
445.60
Refunding
erroneous
tax.
The
board
of
supervisors
shall
direct
the
county
treasurer
to
refund
to
the
taxpayer
any
tax
or
portion
of
a
tax
found
to
have
been
erroneously
or
illegally
paid,
with
all
interest,
fees,
and
costs
actually
paid.
A
refund
shall
not
be
ordered
or
made
unless
a
claim
for
refund
is
presented
to
the
board
within
two
years
of
the
date
the
tax
was
due,
or
if
appealed
to
the
board
of
review,
the
property
assessment
appeal
board,
House
File
976,
p.
4
director
of
revenue,
or
district
court,
within
two
years
of
the
final
decision.
Sec.
10.
EFFECTIVE
DATE.
The
following,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment:
The
section
of
this
division
of
this
Act
amending
section
445.60.
DIVISION
IV
FARM
TENANCY
INCOME
TAX
EXCLUSION
Sec.
11.
Section
422.7,
subsection
14,
paragraph
a,
Code
2025,
is
amended
to
read
as
follows:
a.
Subtract,
to
the
extent
included,
net
income
received
by
an
eligible
individual
pursuant
to
a
farm
tenancy
agreement
covering
real
property
held
by
the
eligible
individual
for
ten
or
more
years,
if
the
eligible
individual
materially
participated
in
a
farming
business
for
ten
or
more
years
in
the
aggregate
.
Sec.
12.
Section
422.7,
subsection
14,
paragraph
f,
Code
2025,
is
amended
by
adding
the
following
new
subparagraph:
NEW
SUBPARAGRAPH
.
(04)
“Held”
shall
be
determined
with
reference
to
the
holding
period
provisions
of
section
1223
of
the
Internal
Revenue
Code
and
the
federal
regulations
pursuant
thereto.
DIVISION
V
PASS-THROUGH
ENTITIES
Sec.
13.
Section
422.25C,
subsection
2,
Code
2025,
is
amended
to
read
as
follows:
2.
For
tax
years
beginning
on
or
after
January
1,
2020,
any
adjustments
to
a
partnership’s
or
pass-through
entity’s
items
of
income,
gain,
loss,
expense,
or
credit,
or
an
adjustment
to
such
items
allocated
to
a
partner
that
holds
an
interest
in
a
partnership
or
pass-through
entity
for
the
reviewed
year
by
the
department
as
a
result
of
a
state
partnership
audit,
shall
be
determined
at
the
partnership
level
or
pass-through
entity
level
in
the
same
manner
as
provided
by
section
6221(a)
of
the
Internal
Revenue
Code
and
the
regulations
thereunder
unless
a
different
treatment
is
specifically
provided
in
this
title
.
The
provisions
of
sections
6222,
6223,
and
6227
of
the
Internal
Revenue
Code
and
the
regulations
thereunder
shall
also
apply
to
a
partnership
or
pass-through
entity
and
its
direct
or
indirect
House
File
976,
p.
5
partners
in
the
same
manner
as
provided
in
such
sections
unless
a
different
treatment
is
specifically
provided
in
this
title
.
For
purposes
of
applying
such
sections,
due
account
shall
be
made
for
differences
in
federal
and
Iowa
terminology.
The
adjustment
provided
by
section
6221(a)
of
the
Internal
Revenue
Code
shall
be
determined
as
provided
in
such
section
but
shall
be
based
on
Iowa
taxable
income
or
other
tax
attributes
of
the
partnership
or
pass-through
entity
as
determined
pursuant
to
this
chapter
for
the
reviewed
year.
The
department
shall
issue
a
notice
of
adjustment
to
the
partnership
or
pass-through
entity.
Such
notice
shall
be
treated
as
an
assessment
for
the
purposes
of
section
422.25
,
and
the
notice
shall
be
appealable
,
except
as
provided
in
section
422.25,
by
the
partnership
or
pass-through
entity
pursuant
to
sections
422.28
and
422.29
and
shall
be
issued
within
the
time
period
provided
by
section
422.25
.
Once
the
adjustments
to
partnership-related
or
pass-through
entity-related
items
or
reallocations
of
income,
gains,
losses,
expenses,
credits,
and
other
attributes
among
such
partners
for
the
reviewed
year
are
finally
determined,
the
partnership
or
pass-through
entity
and
any
direct
partners
or
indirect
partners
shall
then
be
subject
to
the
provisions
of
section
422.25,
subsection
1
,
paragraph
“e”
,
and
section
422.25A
in
the
same
manner
as
if
the
state
partnership
audit
were
a
federal
partnership
level
audit,
and
as
if
the
final
state
partnership
audit
adjustment
were
a
final
federal
partnership
adjustment.
The
penalty
exceptions
in
section
421.27,
subsection
2
,
paragraphs
“b”
and
“c”
,
shall
not
apply
to
a
state
partnership
audit.
Sec.
14.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
Sec.
15.
RETROACTIVE
APPLICABILITY.
This
division
of
this
Act
applies
retroactively
to
January
1,
2024.
DIVISION
VI
SALES
TAX
CHANGES
Sec.
16.
Section
423.2,
subsection
1,
paragraph
b,
Code
2025,
is
amended
to
read
as
follows:
b.
(1)
Sales
of
building
materials,
supplies,
and
equipment
to
owners
,
contractors,
subcontractors,
or
builders
for
the
erection
of
buildings
or
the
alteration,
repair,
or
improvement
House
File
976,
p.
6
of
real
property
are
retail
sales
of
tangible
personal
property
in
whatever
quantity
sold
.
Where
the
owner,
contractor,
subcontractor,
or
builder
is
also
a
retailer
holding
a
sales
or
use
tax
permit
and
transacting
retail
sales
of
building
materials,
supplies,
and
equipment,
the
person
shall
purchase
such
items
of
tangible
personal
property
without
liability
for
the
tax
if
such
property
will
be
subject
to
the
tax
at
the
time
of
resale
or
at
the
time
it
is
withdrawn
from
inventory
for
construction
purposes.
The
sales
tax
shall
be
due
in
the
reporting
period
when
the
materials,
supplies,
and
equipment
are
withdrawn
from
inventory
for
construction
purposes
or
when
sold
at
retail.
The
tax
shall
not
be
due
when
materials
are
withdrawn
from
inventory
for
use
in
construction
outside
of
Iowa
and
the
tax
shall
not
apply
to
tangible
personal
property
purchased
and
consumed
by
the
manufacturer
as
building
materials
in
the
performance
by
the
manufacturer
or
its
subcontractor
of
construction
outside
of
Iowa.
The
sale
of
carpeting
is
not
a
sale
of
building
materials.
The
sale
of
carpeting
to
owners,
contractors,
subcontractors,
or
builders
shall
be
treated
as
the
sale
of
ordinary
tangible
personal
property
and
subject
to
the
tax
imposed
under
this
subsection
and
the
use
tax
Sales
of
building
materials
and
supplies
to
contractors,
subcontractors,
or
builders
for
the
erection
of
buildings
and
other
structures
or
for
the
reconstruction,
alteration,
expansion,
or
remodeling
of
buildings
and
other
structures
are
retail
sales
of
tangible
personal
property.
Sales
of
building
materials
and
supplies
to
contractors,
subcontractors,
or
builders
for
use
in
repairs
to
or
for
installation
in
existing
buildings
and
other
structures
are
purchases
for
resale.
Sales
of
building
equipment
to
contractors,
subcontractors,
or
builders
are
retails
sales
of
tangible
personal
property
.
(2)
Where
the
owner,
contractor,
subcontractor,
or
builder
is
also
a
retailer
holding
a
sales
and
use
tax
permit
and
transacting
retail
sales
of
building
materials,
supplies,
and
equipment,
the
person
shall
purchase
such
items
of
tangible
personal
property
without
liability
for
the
tax
if
such
property
will
be
subject
to
sales
tax
at
the
time
of
resale
or
subject
to
use
tax
at
the
time
the
retailer
withdraws
House
File
976,
p.
7
such
property
from
inventory
for
use
by
the
retailer
in
erecting
buildings
and
other
structures
or
for
reconstruction,
alteration,
expansion,
or
remodeling
of
buildings
and
other
structures.
The
tax
shall
be
due
in
the
reporting
period
when
the
materials,
supplies,
or
equipment
are
withdrawn
from
inventory
or
when
sold
at
retail.
The
tax
shall
not
be
due
when
materials
and
supplies
are
withdrawn
from
inventory
for
use
in
construction
outside
of
Iowa.
(3)
The
sale
of
carpeting
is
not
a
sale
of
building
materials.
Sales
of
carpeting
to
owners,
contractors,
subcontractors,
or
builders
are
retail
sales
of
tangible
personal
property
and
subject
to
tax.
Sec.
17.
Section
423.36,
subsection
9,
paragraph
a,
Code
2025,
is
amended
to
read
as
follows:
a.
Except
as
provided
in
paragraph
“b”
,
purchasers,
users,
and
consumers
of
tangible
personal
property,
specified
digital
products,
or
enumerated
services
taxed
pursuant
to
subchapter
II
or
III
of
this
chapter
or
chapter
423B
may
be
authorized,
pursuant
to
rules
adopted
by
the
director,
to
remit
tax
owed
directly
to
the
department
instead
of
the
tax
being
collected
and
paid
by
the
seller.
To
qualify
for
a
direct
pay
tax
permit,
the
purchaser,
user,
or
consumer
must
accrue
a
tax
liability
of
more
than
four
eight
thousand
dollars
in
tax
under
subchapters
II
and
III
in
a
semimonthly
monthly
period
and
make
deposits
and
file
returns
pursuant
to
section
423.31
.
This
authority
shall
not
be
granted
or
exercised
except
upon
application
to
the
director
and
then
only
after
issuance
by
the
director
of
a
direct
pay
tax
permit.
DIVISION
VII
MOTOR
FUEL
TAXES
Sec.
18.
Section
452A.3,
subsection
1,
paragraph
b,
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
On
and
after
July
1,
2030,
an
excise
tax
of
thirty
cents
is
imposed
on
each
gallon
of
ethanol
blended
gasoline
classified
as
E-15
or
higher.
Before
July
1,
2030,
the
rate
of
the
excise
tax
on
ethanol
blended
gasoline
classified
as
E-15
or
higher
shall
be
based
on
the
number
of
gallons
of
ethanol
blended
gasoline
classified
as
E-15
or
higher
that
are
distributed
House
File
976,
p.
8
in
this
state
as
expressed
as
a
percentage
of
the
number
of
gallons
of
motor
fuel
distributed
in
this
state,
which
is
referred
to
as
the
distribution
percentage.
For
purposes
of
this
paragraph
“b”
,
only
ethanol
blended
gasoline
and
nonblended
gasoline,
not
including
aviation
gasoline,
shall
be
used
in
determining
the
percentage
basis
for
the
excise
tax.
The
department
shall
determine
the
percentage
basis
for
each
determination
period
beginning
January
1
and
ending
December
31
based
on
information
from
reports
submitted
to
the
department
for
filing
pursuant
to
section
452A.33
.
Before
June
1,
the
department
may
amend
the
distribution
percentage
due
to
a
mistake,
if
there
is
a
late
report
filed
by
a
retail
dealer
to
the
department
under
section
452A.33,
subsection
1,
or
if
the
distribution
percentage
is
not
accurate.
The
rate
for
the
excise
tax
shall
apply
for
the
period
beginning
July
1
and
ending
June
30
following
the
end
of
the
determination
period.
Before
July
1,
2030,
the
rate
of
the
excise
tax
on
each
gallon
of
ethanol
blended
gasoline
classified
as
E-15
or
higher
shall
be
as
follows:
Sec.
19.
Section
452A.3,
subsection
3,
paragraph
a,
subparagraph
(2),
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
Except
as
otherwise
provided
in
this
section
and
in
this
subchapter
,
this
subparagraph
shall
apply
to
the
excise
tax
imposed
on
each
gallon
of
biodiesel
blended
fuel
classified
as
B-20
or
higher
used
for
any
purpose
for
the
privilege
of
operating
motor
vehicles
in
this
state.
On
and
after
July
1,
2030,
the
rate
of
the
excise
tax
on
each
gallon
of
biodiesel
blended
fuel
classified
as
B-20
or
higher
is
thirty-two
and
five-tenths
cents.
Before
July
1,
2030,
the
rate
of
the
excise
tax
on
each
gallon
of
biodiesel
blended
fuel
classified
as
B-20
or
higher
shall
be
based
on
the
number
of
gallons
of
biodiesel
blended
fuel
classified
as
B-20
or
higher
that
are
distributed
in
this
state
as
expressed
as
a
percentage
of
the
number
of
gallons
of
special
fuel
for
diesel
engines
of
motor
vehicles
distributed
in
this
state,
which
is
referred
to
as
the
distribution
percentage.
The
department
shall
determine
the
percentage
basis
for
each
determination
period
beginning
January
1
and
ending
December
31
based
on
information
from
House
File
976,
p.
9
reports
submitted
to
the
department
for
filing
pursuant
to
section
452A.33
.
Before
June
1,
the
department
may
amend
the
distribution
percentage
due
to
a
mistake,
if
there
is
a
late
report
filed
by
a
retail
dealer
to
the
department
under
section
452A.33,
subsection
1,
or
if
the
distribution
percentage
is
not
accurate.
The
rate
of
the
excise
tax
shall
apply
for
the
period
beginning
July
1
and
ending
June
30
following
the
end
of
the
determination
period.
Before
July
1,
2030,
the
rate
of
the
excise
tax
on
each
gallon
of
biodiesel
blended
fuel
classified
as
B-20
or
higher
shall
be
as
follows:
Sec.
20.
Section
452A.15,
subsection
5,
Code
2025,
is
amended
to
read
as
follows:
5.
The
director
may
impose
a
civil
penalty
against
any
person
who
fails
to
timely
file
the
reports
or
keep
the
records
required
under
this
section
.
The
penalty
shall
be
one
hundred
dollars
for
the
first
violation
and
shall
increase
by
one
hundred
dollars
for
each
additional
violation
occurring
in
the
calendar
year
in
which
the
first
violation
occurred.
Sec.
21.
Section
452A.33,
subsection
2,
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
On
or
before
April
1
the
department
shall
deliver
a
report
to
the
governor
and
the
legislative
services
agency.
Before
June
1,
the
department
may
amend
the
report
due
to
a
mistake,
if
there
is
a
late
report
by
a
retail
dealer
under
subsection
1,
or
if
the
report
is
not
accurate.
The
report
shall
compile
information
reported
by
retail
dealers
to
the
department
as
provided
in
this
section
and
shall
at
least
include
all
of
the
following:
Sec.
22.
Section
452A.41,
subsection
5,
paragraph
a,
Code
2025,
is
amended
to
read
as
follows:
a.
For
the
purpose
of
determining
the
amount
of
liability
for
the
electric
fuel
tax,
each
dealer
and
user
shall
file
with
the
department
not
later
than
July
31
for
the
period
beginning
January
1
and
ending
June
30,
and
not
later
than
January
30
31
for
the
period
beginning
July
1
and
ending
December
30
31
,
a
biannual
tax
return
certified
under
penalties
for
false
certification.
The
return
shall
show,
with
reference
to
each
location
at
which
fuel
is
delivered
or
placed
by
the
dealer
or
user
into
the
battery
or
other
energy
storage
device
of
any
House
File
976,
p.
10
electric
motor
vehicle
during
the
next
preceding
six
calendar
months,
information
as
required
by
the
department.
On
and
after
January
1,
2026,
the
department
may
require
by
rule
that
such
tax
returns
be
filed
quarterly.
Sec.
23.
Section
452A.44,
Code
2025,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4.
If
electric
fuel
is
sold
or
dispensed
for
a
nontaxable
purpose,
the
purchaser
may
complete
and
provide
an
exemption
certificate
produced
by
the
department
to
the
license
holder.
DIVISION
VIII
INHERITANCE
TAX
——
FUTURE
CODE
CHANGES
DUE
TO
REPEAL
Sec.
24.
Section
12D.9,
subsection
3,
Code
2025,
is
amended
to
read
as
follows:
3.
State
For
a
death
occurring
before
January
1,
2025,
state
inheritance
tax
treatment
of
interests
in
Iowa
educational
savings
plans
shall
be
as
provided
in
section
450.4,
subsection
8
.
This
subsection
shall
apply
to
all
Iowa
educational
savings
plans
existing
on
or
after
July
1,
1998.
Sec.
25.
Section
12I.8,
subsection
3,
Code
2025,
is
amended
to
read
as
follows:
3.
State
For
a
death
occurring
before
January
1,
2025,
state
inheritance
tax
treatment
of
interests
in
Iowa
ABLE
savings
plans
shall
be
as
provided
in
section
450.4,
subsection
9
.
Sec.
26.
Section
12I.10,
subsection
3,
Code
2025,
is
amended
to
read
as
follows:
3.
State
For
a
death
occurring
before
January
1,
2025,
state
inheritance
tax
treatment
of
interests
in
the
qualified
ABLE
program
with
which
the
state
has
contracted
pursuant
to
this
section
shall
be
as
provided
in
section
450.4,
subsection
9
.
Sec.
27.
Section
16.177,
subsection
8,
Code
2025,
is
amended
to
read
as
follows:
8.
Bonds
issued
under
this
section
are
declared
to
be
issued
for
an
essential
public
and
governmental
purpose
and
all
bonds
issued
under
this
section
shall
be
exempt
from
taxation
by
the
state
of
Iowa
and
the
interest
on
the
bonds
shall
be
exempt
from
the
state
income
tax
and
the
any
state
inheritance
tax.
Sec.
28.
Section
321.47,
subsection
2,
paragraph
a,
Code
2025,
is
amended
to
read
as
follows:
House
File
976,
p.
11
a.
The
persons
entitled
under
the
laws
of
descent
and
distribution
to
the
possession
and
ownership
of
a
vehicle
owned
in
whole
or
in
part
by
a
decedent
who
died
intestate,
upon
filing
an
affidavit
stating
the
name
and
date
of
death
of
the
decedent,
the
right
to
possession
and
ownership
of
the
persons
filing
the
affidavit,
and
that
there
has
been
no
administration
of
the
decedent’s
estate,
which
instrument
must
also
contain
an
agreement
by
the
affiant
to
indemnify
creditors
of
the
decedent
who
would
be
entitled
to
levy
execution
upon
the
motor
vehicle
to
the
extent
of
the
value
of
the
motor
vehicle,
shall,
upon
complying
with
the
other
title
transfer
requirements
of
this
chapter
,
be
issued
a
registration
card
for
the
decedent’s
interest
in
the
vehicle
and
a
certificate
of
title
to
the
vehicle.
If
a
decedent
died
testate,
and
either
the
will
is
not
probated
or
is
admitted
to
probate
without
administration,
the
persons
entitled
to
the
possession
and
ownership
of
a
vehicle
owned
in
whole
or
in
part
by
the
decedent
may
file
an
affidavit
and,
upon
complying
with
the
other
title
transfer
requirements
of
this
chapter
,
shall
be
issued
a
registration
card
for
the
decedent’s
interest
in
the
vehicle
and
a
certificate
of
title
to
the
vehicle.
The
affidavit
must
contain
the
same
information
and
indemnity
agreement
as
is
required
in
cases
of
intestacy
under
this
subsection
.
Chapter
450
is
not
For
a
death
occurring
before
January
1,
2025,
a
requirement
of
chapter
450
shall
not
be
considered
satisfied
by
the
filing
of
the
affidavit
provided
for
in
this
subsection
.
If,
from
the
records
in
the
office
of
the
county
treasurer,
there
appear
to
be
any
liens
on
the
vehicle,
the
certificate
of
title
must
contain
a
statement
of
the
liens
unless
the
application
is
accompanied
by
proper
evidence
of
the
satisfaction
or
extinction
of
such
liens.
Evidence
of
extinction
includes
but
is
not
limited
to
an
affidavit
of
the
applicant
stating
that
a
security
interest
was
foreclosed
as
provided
in
chapter
554,
article
9,
part
6
.
The
department
shall
waive
the
certificate
of
title
fee
and
surcharge
required
under
sections
321.20
,
321.20A
,
321.23
,
321.46
,
321.52
,
and
321.52A
if
the
person
entitled
to
possession
and
ownership
of
a
vehicle,
as
provided
in
this
subsection
,
is
the
surviving
spouse
of
a
decedent.
House
File
976,
p.
12
Sec.
29.
Section
331.602,
subsection
23,
Code
2025,
is
amended
to
read
as
follows:
23.
Forward
For
deaths
occurring
before
January
1,
2025,
forward
to
the
director
of
revenue
a
copy
of
any
deed,
bill
of
sale,
or
other
transfer
which
shows
that
it
is
made
or
intended
to
take
effect
at
or
after
the
death
of
the
person
executing
the
instrument
as
provided
in
section
450.81
.
Sec.
30.
Section
331.756,
subsection
57,
Code
2025,
is
amended
to
read
as
follows:
57.
Represent
For
deaths
occurring
before
January
1,
2025,
represent
the
state
in
litigation
relating
to
the
inheritance
tax
if
requested
by
the
department
of
revenue
as
provided
in
section
450.1
.
Sec.
31.
Section
421.27,
subsection
1,
paragraph
d,
subparagraph
(13),
Code
2025,
is
amended
to
read
as
follows:
(13)
That
For
a
death
occurring
before
January
1,
2025,
that
an
Iowa
inheritance
tax
return
is
filed
for
an
estate
within
the
later
of
nine
months
from
the
date
of
death
or
sixty
days
from
the
filing
of
a
disclaimer
by
the
beneficiary
of
the
estate
refusing
to
take
the
property
or
right
or
interest
in
the
property.
Sec.
32.
Section
421.60,
subsection
2,
paragraph
c,
subparagraph
(1),
Code
2025,
is
amended
to
read
as
follows:
(1)
If
the
notice
of
assessment
or
denial
of
a
claim
for
refund
relates
to
a
tax
return
filed
pursuant
to
section
422.14
,
or
pursuant
to
chapter
450
for
a
death
occurring
before
January
1,
2025,
by
the
taxpayer
which
designates
an
individual
as
an
authorized
representative
of
the
taxpayer
with
respect
to
that
return,
or
if
a
power
of
attorney
has
been
filed
with
the
department
by
the
taxpayer
which
designates
an
individual
as
an
authorized
representative
of
the
taxpayer
with
respect
to
any
tax
that
is
included
in
the
notice
of
assessment
or
denial
of
a
claim
for
refund,
a
copy
of
the
notice
together
with
any
additional
information
required
to
be
sent
to
the
taxpayer
shall
be
sent
to
the
authorized
representative
as
well.
Sec.
33.
Section
422.27,
subsection
1,
Code
2025,
is
amended
to
read
as
follows:
1.
A
final
account
of
a
personal
representative
,
as
defined
in
section
450.1
,
shall
not
be
allowed
by
any
court
unless
the
House
File
976,
p.
13
account
shows,
and
the
judge
of
the
court
finds,
that
all
taxes
imposed
by
this
subchapter
upon
the
personal
representative,
which
have
become
payable,
have
been
paid,
and
that
all
taxes
which
may
become
due
are
secured
by
bond
or
deposit,
or
are
otherwise
secured.
The
certificate
of
acquittances
of
the
department
of
revenue
is
conclusive
as
to
the
payment
of
the
tax
to
the
extent
of
the
acquittance.
This
subsection
does
not
apply
if
all
property
in
the
estate
of
a
decedent
is
held
in
joint
tenancy
with
right
of
survivorship
by
husband
and
wife
alone.
For
purposes
of
this
subsection,
“personal
representative”
means
an
administrator,
executor,
or
trustee
as
each
is
defined
in
section
633.3.
Sec.
34.
Section
496C.14,
subsection
6,
paragraph
h,
Code
2025,
is
amended
to
read
as
follows:
h.
Notwithstanding
the
provisions
of
this
section
,
payment
of
any
part
of
the
purchase
price
for
shares
of
a
deceased
shareholder
shall
not
be
required
until
the
executor
or
administrator
of
the
deceased
shareholder
provides
any
indemnity,
release,
or
other
document
from
any
taxing
authority,
which
is
reasonably
necessary
to
protect
the
corporation
against
liability
for
any
estate
,
inheritance,
and
death
taxes
tax,
or
any
inheritance
tax
for
a
death
occurring
before
January
1,
2025
.
Sec.
35.
Section
524.805,
subsection
8,
Code
2025,
is
amended
to
read
as
follows:
8.
A
state
bank
may
receive
deposits
from
one
or
more
persons
with
the
provision
that
upon
the
death
of
the
depositors
the
deposit
account
shall
be
the
property
of
the
person
or
persons
designated
by
the
deceased
depositors
as
shown
on
the
deposit
account
records
of
the
state
bank.
After
payment
by
the
state
bank,
the
proceeds
shall
remain
subject
to
the
any
debts
of
the
decedent
and
the
any
payment
of
Iowa
inheritance
tax
,
if
any
for
a
death
occurring
prior
to
January
1,
2025
.
A
state
bank
paying
the
person
or
persons
designated
shall
not
be
liable
as
a
result
of
that
action
for
any
debts
of
the
decedent
or
for
any
estate,
inheritance,
or
succession
taxes
which
may
be
due
this
state.
Sec.
36.
Section
541A.2,
subsection
6,
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
House
File
976,
p.
14
An
individual
development
account
closed
in
accordance
with
this
subsection
is
not
subject
to
the
limitations
and
benefits
provided
by
this
chapter
but
is
subject
to
state
tax
in
accordance
with
the
provisions
of
section
422.7,
subsection
17
,
and
in
accordance
with
the
provisions
of
section
450.4,
subsection
6
,
for
a
death
occurring
before
January
1,
2025
.
An
individual
development
account
may
be
closed
for
any
of
the
following
reasons:
Sec.
37.
Section
602.8102,
subsection
63,
Code
2025,
is
amended
to
read
as
follows:
63.
Carry
out
duties
relating
to
the
inheritance
tax
as
provided
in
chapter
450
for
deaths
occurring
before
January
1,
2025
.
Sec.
38.
Section
633.21,
Code
2025,
is
amended
to
read
as
follows:
633.21
Appraisers’
fees
and
referees’
fees
fixed
by
rule.
The
district
judges
of
each
judicial
district
shall
by
rule
fix
the
fees
of
probate
referees,
and
also
provide,
insofar
as
practicable,
a
uniform
schedule
of
compensation
for
inheritance
tax
appraisers,
other
appraisers,
brokers,
and
agents
employed
at
estate
expense.
Sec.
39.
Section
633.31,
subsection
2,
paragraph
a,
Code
2025,
is
amended
to
read
as
follows:
a.
For
services
performed
in
short
form
probates
pursuant
to
sections
450.22
and
450.44
for
deaths
occurring
before
January
1,
2025
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
15.00
Sec.
40.
Section
633.356,
subsection
1,
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
When
the
gross
value
of
the
decedent’s
personal
property
that
would
otherwise
be
distributed
by
will
or
intestate
succession
is
or
has
been,
at
any
time
since
the
decedent’s
death,
fifty
thousand
dollars
or
less
and
there
is
no
real
property
,
or
for
deaths
occurring
before
January
1,
2025,
the
real
property
passes
to
persons
exempt
from
inheritance
tax
as
joint
tenants
with
full
rights
of
survivorship
pursuant
to
chapter
450
,
and
if
forty
days
have
elapsed
since
the
death
of
the
decedent,
a
successor
as
defined
in
subsection
2
may,
by
furnishing
an
affidavit
prepared
pursuant
to
subsection
3
or
8
,
and
without
procuring
letters
of
appointment,
do
any
of
the
House
File
976,
p.
15
following
with
respect
to
one
or
more
items
of
such
personal
property:
Sec.
41.
Section
633.356,
subsection
3,
paragraph
a,
subparagraph
(3),
Code
2025,
is
amended
to
read
as
follows:
(3)
That
the
gross
value
of
the
decedent’s
personal
property
that
would
otherwise
be
distributed
by
will
or
intestate
succession
is,
or
has
been
at
any
time
since
the
decedent’s
death,
fifty
thousand
dollars
or
less
and
there
is
no
real
property
,
or
for
deaths
occurring
before
January
1,
2025,
the
real
property
passes
to
persons
exempt
from
inheritance
tax
as
joint
tenants
with
full
rights
of
survivorship
pursuant
to
chapter
450
.
Sec.
42.
Section
633.356,
subsection
3,
paragraph
a,
subparagraph
(10),
Code
2025,
is
amended
to
read
as
follows:
(10)
That
no
inheritance
or
other
taxes
are
owed
to
the
department
of
revenue
for
a
death
occurring
prior
to
January
1,
2025
,
or
if
taxes
are
owed,
that
the
taxes
will
be
paid
to
the
extent
of
funds
received
pursuant
to
the
affidavit.
Sec.
43.
Section
633.356,
subsection
9,
Code
2025,
is
amended
to
read
as
follows:
9.
Upon
receipt
of
an
affidavit
under
subsection
3
and
reasonable
proof
under
subsection
5
of
the
identity
of
each
successor
seeking
distribution
by
virtue
of
the
affidavit,
the
holder
of
the
property
shall
disclose
to
the
affiant
whether
the
value
of
the
property
held
by
the
holder
is,
or
has
been
at
any
time
since
the
decedent’s
death,
fifty
thousand
dollars
or
less.
An
affidavit
furnished
for
the
purpose
of
determining
whether
the
value
of
the
property
is,
or
has
been
at
any
time
since
the
decedent’s
death,
fifty
thousand
dollars
or
less
need
not
contain
the
language
required
under
subsection
3
,
paragraph
“a”
,
subparagraph
(3),
but
shall
state
that
the
affiant
reasonably
believes
that
the
gross
value
of
the
decedent’s
personal
property
that
would
otherwise
be
distributed
by
will
or
intestate
succession
is,
or
has
been
at
any
time
since
the
decedent’s
death,
fifty
thousand
dollars
or
less
and
there
is
no
real
property
or
for
deaths
occurring
before
January
1,
2025,
the
real
property
passes
to
persons
exempt
from
inheritance
tax
as
joint
tenants
with
full
rights
of
survivorship
pursuant
to
chapter
450
.
House
File
976,
p.
16
Sec.
44.
Section
633.361,
subsection
12,
Code
2025,
is
amended
to
read
as
follows:
12.
A
listing
of
all
other
items,
with
estimated
values,
which
are
subject
to
Iowa
inheritance
tax
for
deaths
occurring
before
January
1,
2025,
or
federal
estate
tax.
Sec.
45.
Section
633.365,
Code
2025,
is
amended
to
read
as
follows:
633.365
Appraisement.
Property
belonging
to
the
estate
need
not
be
appraised
unless
required
for
inheritance
tax
purposes
for
deaths
occurring
before
January
1,
2025
,
under
the
provisions
of
this
probate
code,
or
by
order
of
court.
Sec.
46.
Section
633.399,
Code
2025,
is
amended
to
read
as
follows:
633.399
Report
for
approval.
After
making
any
such
sale,
mortgage,
exchange
or
lease
of
real
property,
the
personal
representative
shall
make
a
verified
report
thereof
to
the
court.
The
court
shall
examine
said
report,
and
if
satisfied
that
the
sale,
mortgage,
exchange,
or
lease
has
been
at
a
price
and
upon
terms
advantageous
to
the
estate,
and,
in
all
respects,
made
in
conformity
with
law,
and
that
it
ought
to
be
confirmed,
shall
confirm
the
same
and
order
the
personal
representative
to
deliver
a
deed,
mortgage,
lease
or
other
proper
instruments
to
the
persons
entitled
thereto;
provided,
however,
that
in
the
event
said
real
property
has
been
sold
at
private
sale
without
an
appraisal
for
inheritance
tax
purposes
for
a
death
occurring
before
January
1,
2025,
or
for
purpose
of
such
sale,
or,
if
it
has
been
so
appraised
and
has
been
sold
at
private
sale
for
less
than
the
appraised
value
thereof,
then,
upon
the
filing
of
such
report,
the
court
may
enter
an
order
fixing
a
time
and
place
for
hearing
thereon
and
prescribe
a
notice
of
such
hearing
to
be
served
upon
all
interested
persons,
any
one
of
whom,
prior
to
the
time
fixed
for
such
hearing,
may
file
written
objections
to
the
entry
of
an
order
approving
said
sale.
If
not
satisfied
that
the
sale,
mortgage,
exchange,
or
lease
has
been
made
in
conformity
with
law
and
that
it
is
to
the
best
interests
of
the
estate,
the
court
may
reject
the
sale,
mortgage,
exchange,
or
lease,
and
enter
such
orders
as
the
House
File
976,
p.
17
court
may
deem
advisable.
Sec.
47.
Section
633.477,
subsection
10,
Code
2025,
is
amended
to
read
as
follows:
10.
A
statement
as
to
whether
or
not
all
statutory
requirements
pertaining
to
taxes
have
been
complied
with
including
whether
the
federal
estate
tax
due
has
been
paid,
whether
a
lien
continues
to
exist
for
any
federal
estate
tax,
and
whether
inheritance
tax
was
paid
or
a
return
was
filed
in
this
state
for
a
death
occurring
before
January
1,
2025
.
Sec.
48.
Section
633.479,
subsection
2,
paragraph
a,
subparagraph
(5),
Code
2025,
is
amended
to
read
as
follows:
(5)
Compliance
with
sections
section
422.27
,
and
section
450.58
for
deaths
occurring
before
January
1,
2025,
have
been
fulfilled.
Sec.
49.
Section
633.481,
Code
2025,
is
amended
to
read
as
follows:
633.481
Certificate
to
county
recorder
for
tax
purposes
without
administration.
When
an
inventory
or
report
is
filed
under
section
450.22
for
deaths
occurring
before
January
1,
2025
,
without
administration
of
the
estate
of
the
decedent,
the
heir
or
heir’s
attorney
shall
prepare
and
deliver
to
the
county
recorder
of
the
county
in
which
the
real
estate
is
situated
a
certificate
pertaining
to
each
parcel
of
real
estate
described
in
the
inventory
or
report.
Any
fees
for
certificates
or
recording
fees
required
by
this
section
or
section
633.480
shall
be
assessed
as
costs
of
administration.
The
fees
for
recording
and
indexing
the
instrument
shall
be
as
provided
in
section
331.604
.
The
county
recorder
shall
deliver
the
certificates
to
the
county
auditor
as
provided
in
section
558.58
.
Sec.
50.
Section
635.7,
subsection
1,
Code
2025,
is
amended
to
read
as
follows:
1.
The
personal
representative
is
required
to
file
the
report
and
inventory
for
which
provision
is
made
in
section
633.361
,
including
all
probate
and
nonprobate
assets.
This
chapter
does
not
exempt
the
personal
representative
from
complying
with
the
requirements
of
section
422.27
,
450.22
,
450.58
,
633.480
,
or
633.481
,
and
the
administration
of
an
estate
whether
converted
to
or
from
a
small
estate
shall
be
House
File
976,
p.
18
considered
one
proceeding
pursuant
to
section
633.330
.
For
a
death
occurring
before
January
1,
2025,
this
chapter
does
not
exempt
the
personal
representative
from
complying
with
the
requirements
of
section
450.22
or
450.58.
Sec.
51.
Section
635.8,
subsection
1,
paragraph
e,
Code
2025,
is
amended
to
read
as
follows:
e.
A
statement
that
all
statutory
requirements
pertaining
to
taxes
have
been
complied
with,
including
whether
federal
estate
tax
due
has
been
paid,
whether
a
lien
continues
to
exist
for
any
federal
estate
tax,
and
whether
inheritance
tax
was
paid
or
a
tax
return
was
filed
in
this
state
for
a
death
occurring
before
January
1,
2025
.
Sec.
52.
Section
654.16,
subsection
2,
Code
2025,
is
amended
to
read
as
follows:
2.
If
a
homestead
is
designated,
the
court
shall
determine
the
fair
market
value
of
the
designated
homestead
before
the
sheriff’s
sale.
The
court
may
consult
with
the
county
appraisers
appointed
pursuant
to
section
450.24
for
deaths
occurring
before
January
1,
2025
,
or
with
one
or
more
independent
appraisers,
to
determine
the
fair
market
value
of
the
designated
homestead.
Sec.
53.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
Sec.
54.
RETROACTIVE
APPLICABILITY.
This
division
of
this
Act
applies
retroactively
to
January
1,
2025,
to
the
estates
of
decedents
dying
on
or
after
January
1,
2025.
DIVISION
IX
LUMP
SUM
DISTRIBUTION
OF
RETIREMENT
INCOME
Sec.
55.
Section
422.5,
subsection
7,
Code
2025,
is
amended
to
read
as
follows:
7.
a.
In
addition
to
the
other
taxes
imposed
by
this
section
,
a
tax
is
imposed
,
except
under
paragraph
“b”
,
on
the
amount
of
a
lump
sum
distribution
for
which
the
taxpayer
has
elected
under
section
402(e)
of
the
Internal
Revenue
Code
to
be
separately
taxed
for
federal
income
tax
purposes
for
the
tax
year.
The
rate
of
tax
is
equal
to
twenty-five
percent
of
the
separate
federal
tax
imposed
on
the
amount
of
the
lump
sum
distribution.
A
nonresident
is
liable
for
this
tax
only
on
that
portion
of
the
lump
sum
distribution
allocable
to
House
File
976,
p.
19
Iowa.
The
total
amount
of
the
lump
sum
distribution
subject
to
separate
federal
tax
shall
be
included
in
net
income
for
purposes
of
determining
eligibility
under
subsections
2
and
3
,
as
applicable
,
except
the
amount
of
the
lump
sum
distribution
exempt
from
state
tax
in
paragraph
“b”
shall
not
be
included
.
b.
The
amount
of
a
lump
sum
distribution
that
is
received
from
a
governmental
or
other
pension
or
retirement
plan,
including
defined
benefit
or
defined
contribution
plans,
annuities,
individual
retirement
accounts,
plans
maintained
or
contributed
to
by
an
employer,
or
maintained
or
contributed
to
by
a
self-employed
person
as
an
employer,
and
deferred
compensation
plans
or
any
earnings
attributable
to
the
deferred
compensation
plans
is
exempt
from
state
tax
imposed
under
paragraph
“a”
if
received
by
a
person
who
is
disabled,
or
is
fifty-five
years
of
age
or
older,
or
is
the
surviving
spouse
of
an
individual
or
is
a
survivor
having
an
insurable
interest
in
an
individual
who
would
have
qualified
for
the
exemption
under
this
subsection
for
the
tax
year.
Sec.
56.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
Sec.
57.
RETROACTIVE
APPLICABILITY.
This
division
of
this
Act
applies
retroactively
to
January
1,
2025,
for
tax
years
beginning
on
or
after
that
date.
DIVISION
X
ESTIMATED
TAX
THRESHOLD
Sec.
58.
Section
422.16,
subsection
12,
paragraph
a,
subparagraph
(1),
Code
2025,
is
amended
to
read
as
follows:
(1)
Taxpayers
filing
a
return
shall
make
estimated
tax
payments
if
their
Iowa
income
tax
liability
can
reasonably
be
expected
to
amount
to
two
hundred
one
thousand
dollars
or
more
for
the
year.
Sec.
59.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
effect
January
1,
2026.
Sec.
60.
APPLICABILITY.
This
division
of
this
Act
applies
to
tax
years
beginning
on
or
after
January
1,
2026.
DIVISION
XI
TAX
EXPENDITURE
REVIEW
Sec.
61.
Section
2.48,
subsection
2,
paragraph
a,
subparagraph
(1),
Code
2025,
is
amended
to
read
as
follows:
House
File
976,
p.
20
(1)
The
department
administering
a
tax
expenditure
described
in
subsection
3
shall
engage
in
a
review
of
the
tax
expenditure
based
upon
the
schedule
in
subsection
3
,
unless
the
tax
expenditure
is
repealed
.
For
purposes
of
this
section,
a
tax
expenditure
is
considered
repealed
if
a
zero
amount
remains
available
to
be
awarded,
issued,
or
claimed
under
law.
If
multiple
departments
administer
the
tax
expenditure,
the
departments
shall
cooperate
in
the
review.
Sec.
62.
Section
2.48,
subsection
3,
paragraph
b,
subparagraph
(1),
Code
2025,
is
amended
by
striking
the
subparagraph.
Sec.
63.
Section
2.48,
subsection
3,
paragraph
d,
subparagraphs
(3)
and
(5),
Code
2025,
are
amended
by
striking
the
subparagraphs.
Sec.
64.
Section
2.48,
subsection
3,
paragraph
e,
subparagraph
(4),
Code
2025,
is
amended
by
striking
the
subparagraph.
Sec.
65.
2017
Iowa
Acts,
chapter
29,
section
169,
is
amended
to
read
as
follows:
SEC.
169.
EFFECTIVE
DATE.
The
following
provision
or
provisions
in
Division
I
of
this
Act
take
effect
July
1,
2030
2039
:
1.
The
section
of
this
Act
amending
section
2.48,
subsection
3,
paragraph
“h”.
DIVISION
XII
LIMITATIONS
ON
SALES
TAX
EXEMPTIONS
AND
REFUNDS
AND
TRANSFERS
TO
THE
ENERGY
INFRASTRUCTURE
REVOLVING
FUND
Sec.
66.
Section
423.2A,
subsection
2,
Code
2025,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
h.
Beginning
July
1,
2025,
transfer
to
the
energy
infrastructure
revolving
loan
fund
under
section
476.46A
the
portion
of
sales
tax
revenues
attributable
to
the
expiration
of
the
exemption
period
specified
in
all
of
the
following:
(1)
Section
423.3,
subsection
92,
paragraph
“a”
,
subparagraph
(2)
or
(3).
(2)
Section
423.3,
subsection
93,
paragraph
“a”
,
subparagraph
(2)
or
(3).
(3)
Section
423.3,
subsection
95,
paragraph
“a”
,
House
File
976,
p.
21
subparagraph
(2)
or
(3).
Sec.
67.
Section
423.3,
subsection
92,
paragraph
a,
subparagraphs
(2)
and
(3),
Code
2025,
are
amended
to
read
as
follows:
(2)
(a)
The
sales
price
of
backup
power
generation
fuel,
that
is
purchased
by
a
web
search
portal
business
for
use
in
the
items
listed
in
subparagraph
(1).
(b)
The
duration
of
the
exemption
allowed
under
this
subparagraph
shall
be
for
the
following
time
periods:
(i)
For
backup
power
generation
fuel
purchased
in
connection
with
real
property
for
a
web
search
portal
that
began
operating
prior
to
the
effective
date
of
this
division
of
this
Act,
there
shall
be
no
limitation
on
the
duration
of
the
exemption.
(ii)
For
backup
power
generation
fuel
purchased
by
a
web
search
portal
in
connection
with
real
property
with
new
construction
upon
the
property
completed
on
or
after
the
effective
date
of
this
division
of
this
Act,
or
additions
upon
existing
property
on
or
after
the
effective
date
of
this
division
of
this
Act,
and
such
property
is
located
entirely
or
in
part
within
a
city
having
a
population
of
more
than
thirty
thousand,
according
to
the
most
recent
decennial
federal
census,
the
first
ten
years
of
operation
in
connection
with
the
new
construction
or
addition
upon
the
existing
property.
(iii)
For
backup
power
generation
fuel
purchased
by
a
web
search
portal
in
connection
with
real
property
with
new
construction
upon
the
property
completed
on
or
after
the
effective
date
of
this
division
of
this
Act,
or
additions
upon
existing
property
on
or
after
the
effective
date
of
this
division
of
this
Act,
and
such
property
of
such
a
web
portal
business
is
not
located
entirely
or
in
part
within
a
city
having
a
population
of
more
than
thirty
thousand,
according
to
the
most
recent
decennial
federal
census,
the
first
fifteen
years
of
operation
in
connection
with
the
new
construction
or
addition
upon
the
existing
property.
(3)
(a)
The
sales
price
of
electricity
purchased
for
use
in
providing
a
web
search
portal.
(b)
The
duration
of
the
exemption
allowed
under
this
subparagraph
shall
be
for
the
following
time
periods:
House
File
976,
p.
22
(i)
For
electricity
purchased
in
connection
with
real
property
for
web
search
portals
that
began
operating
prior
to
the
effective
date
of
this
division
of
this
Act,
there
shall
be
no
limitation
on
the
duration
of
the
exemption.
(ii)
For
electricity
purchased
by
a
web
search
portal
in
connection
with
real
property
with
new
construction
upon
the
property
completed
on
or
after
the
effective
date
of
this
division
of
this
Act,
or
additions
upon
existing
property
on
or
after
the
effective
date
of
this
division
of
this
Act,
and
such
property
is
located
entirely
or
in
part
within
a
city
having
a
population
of
more
than
thirty
thousand,
according
to
the
most
recent
decennial
federal
census,
the
first
ten
years
of
operation
in
connection
with
the
new
construction
or
addition
upon
the
existing
property.
(iii)
For
electricity
purchased
by
a
web
search
portal
in
connection
with
real
property
with
new
construction
upon
the
property
completed
on
or
after
the
effective
date
of
this
division
of
this
Act,
or
additions
upon
existing
property
on
or
after
the
effective
date
of
this
division
of
this
Act,
and
such
property
is
not
located
entirely
or
in
part
within
a
city
having
a
population
of
more
than
thirty
thousand,
according
to
the
most
recent
decennial
federal
census,
the
first
fifteen
years
of
operation
in
connection
with
the
new
construction
or
addition
upon
the
existing
property.
Sec.
68.
Section
423.3,
subsection
92,
paragraph
b,
Code
2025,
is
amended
by
adding
the
following
new
subparagraphs:
NEW
SUBPARAGRAPH
.
(5)
The
web
search
portal
business
shall
register
with
the
department
as
a
web
search
portal.
To
maintain
its
registration,
the
web
search
portal
business
shall
file
an
annual
report
with
the
department,
by
January
31,
2026,
and
by
each
January
31
thereafter.
The
annual
report
shall
describe
the
backup
power
generation
fuel
and
electricity
purchased
and
used
in
the
previous
calendar
year
for
the
purposes
described
in
paragraph
“a”
,
subparagraphs
(2)
and
(3),
and
any
other
information
the
department
requires.
NEW
SUBPARAGRAPH
.
(6)
Beginning
after
January
31,
2026,
when
purchasing
exempt
property
under
paragraph
“a”
,
the
web
search
portal
business
shall
present
an
exemption
certificate,
issued
annually
to
the
web
search
portal
business
after
House
File
976,
p.
23
filing
the
annual
report
pursuant
to
subparagraph
(5),
to
the
retailer.
Sec.
69.
Section
423.3,
subsection
92,
paragraph
e,
Code
2025,
is
amended
by
adding
the
following
new
subparagraph:
NEW
SUBPARAGRAPH
.
(03)
“Site
preparation
activities”
means
the
same
as
defined
in
subsection
95.
Sec.
70.
Section
423.3,
subsection
93,
paragraph
a,
subparagraphs
(2)
and
(3),
Code
2025,
are
amended
to
read
as
follows:
(2)
(a)
The
sales
price
of
backup
power
generation
fuel,
that
is
purchased
by
a
web
search
portal
business
for
use
in
the
items
listed
in
subparagraph
(1).
(b)
The
duration
of
the
exemption
allowed
under
this
subparagraph
shall
be
for
the
following
time
periods:
(i)
For
backup
power
generation
fuel
purchased
and
used
in
connection
with
real
property
for
a
web
search
portal
business
that
began
operating
prior
to
the
effective
date
of
this
division
of
this
Act,
there
shall
be
no
limitation
on
the
duration
of
the
exemption.
(ii)
For
backup
power
generation
fuel
purchased
by
a
web
search
portal
business
in
connection
with
real
property
with
new
construction
upon
the
property
completed
on
or
after
the
effective
date
of
this
division
of
this
Act,
or
additions
upon
existing
property
on
or
after
the
effective
date
of
this
division
of
this
Act,
and
such
property
is
located
entirely
or
in
part
within
a
city
having
a
population
of
more
than
thirty
thousand,
according
to
the
most
recent
decennial
federal
census,
the
first
ten
years
of
operation
in
connection
with
the
new
construction
or
addition
to
the
existing
property.
(iii)
For
backup
power
generation
fuel
purchased
by
a
web
search
portal
business
in
connection
with
real
property
with
new
construction
upon
the
property
completed
on
or
after
the
effective
date
of
this
division
of
this
Act,
or
additions
upon
existing
real
property
on
or
after
the
effective
date
of
this
division
of
this
Act,
and
such
real
property
is
not
located
entirely
or
in
part
within
a
city
having
a
population
of
more
than
thirty
thousand,
according
to
the
most
recent
decennial
federal
census,
the
first
fifteen
years
of
operation
in
connection
with
the
new
construction
or
addition
to
the
House
File
976,
p.
24
existing
property.
(3)
(a)
The
sales
price
of
electricity
purchased
for
use
by
a
web
search
portal
business.
(b)
The
duration
of
the
exemption
allowed
under
this
subparagraph
shall
be
for
the
following
time
periods:
(i)
For
electricity
purchased
and
used
in
connection
with
real
property
for
a
web
search
portal
business
that
began
operating
prior
to
the
effective
date
of
this
division
of
this
Act,
there
shall
be
no
limitation
on
the
duration
of
the
exemption.
(ii)
For
electricity
purchased
by
a
web
search
portal
business
in
connection
with
real
property
with
new
construction
upon
the
property
completed
on
or
after
the
effective
date
of
this
division
of
this
Act,
or
additions
upon
existing
property
on
or
after
the
effective
date
of
this
division
of
this
Act,
and
such
property
is
located
entirely
or
in
part
within
a
city
having
a
population
of
more
than
thirty
thousand,
according
to
the
most
recent
decennial
federal
census,
the
first
ten
years
of
operation
in
connection
with
the
new
construction
or
addition
to
the
existing
property.
(iii)
For
electricity
purchased
by
a
web
search
portal
business
in
connection
with
real
property
with
new
construction
upon
the
property
completed
on
or
after
the
effective
date
of
this
division
of
this
Act,
or
additions
upon
existing
property
on
or
after
the
effective
date
of
this
division
of
this
Act,
and
such
property
is
not
located
entirely
or
in
part
within
a
city
having
a
population
of
more
than
thirty
thousand,
according
to
the
most
recent
decennial
federal
census,
the
first
fifteen
years
of
operation
in
connection
with
the
new
construction
or
addition
to
the
existing
property.
Sec.
71.
Section
423.3,
subsection
93,
paragraph
b,
Code
2025,
is
amended
by
adding
the
following
new
subparagraphs:
NEW
SUBPARAGRAPH
.
(5)
The
web
search
portal
business
shall
register
with
the
department
as
a
web
search
portal
business.
To
maintain
its
registration,
the
web
search
portal
business
shall
file
an
annual
report
with
the
department,
by
January
31,
2026,
and
by
each
January
31
thereafter.
The
annual
report
shall
describe
the
backup
power
generation
fuel
and
electricity
purchased
and
used
in
the
previous
calendar
year
for
the
House
File
976,
p.
25
purposes
described
in
paragraph
“a”
,
subparagraphs
(2)
and
(3),
and
any
other
information
the
department
requires.
NEW
SUBPARAGRAPH
.
(6)
Beginning
after
January
31,
2026,
when
purchasing
exempt
property
under
paragraph
“a”
,
the
web
search
portal
business
shall
present
an
exemption
certificate,
issued
annually
to
the
web
search
portal
business
after
filing
the
annual
report
pursuant
to
subparagraph
(5)
to
the
retailer.
Sec.
72.
Section
423.3,
subsection
93,
paragraph
e,
Code
2025,
is
amended
by
adding
the
following
new
subparagraph:
NEW
SUBPARAGRAPH
.
(03)
“Site
preparation
activities”
means
the
same
as
defined
in
subsection
95.
Sec.
73.
Section
423.3,
subsection
95,
paragraph
a,
subparagraphs
(2)
and
(3),
Code
2025,
are
amended
to
read
as
follows:
(2)
(a)
The
sales
price
of
backup
power
generation
fuel
that
is
purchased
by
a
data
center
business
for
use
in
the
items
listed
in
subparagraph
(1).
(b)
The
duration
of
the
exemption
allowed
under
this
subparagraph
shall
be
for
the
following
time
periods:
(i)
For
backup
power
generation
fuel
purchased
in
connection
with
real
property
the
data
center
business
began
operating
prior
to
the
effective
date
of
this
division
of
this
Act,
there
shall
be
no
limitation
on
the
duration
of
the
exemption.
(ii)
For
backup
power
generation
fuel
purchased
by
a
data
center
business
in
connection
with
real
property
with
new
construction
upon
the
property
completed
on
or
after
the
effective
date
of
this
division
of
this
Act,
or
additions
upon
existing
property
on
or
after
the
effective
date
of
this
division
of
this
Act,
and
such
property
is
located
entirely
or
in
part
within
a
city
having
a
population
of
more
than
thirty
thousand,
according
to
the
most
recent
decennial
federal
census,
the
first
ten
years
of
operation
in
connection
with
the
new
construction
or
addition
upon
the
existing
property.
(iii)
For
backup
power
generation
fuel
purchased
by
a
data
center
business
in
connection
with
real
property
with
new
construction
upon
the
property
completed
on
or
after
the
effective
date
of
this
division
of
this
Act,
or
additions
upon
existing
property
on
or
after
the
effective
date
of
this
House
File
976,
p.
26
division
of
this
Act,
and
such
property
is
not
located
entirely
or
in
part
within
a
city
having
a
population
of
more
than
thirty
thousand,
according
to
the
most
recent
decennial
federal
census,
the
first
fifteen
years
of
operation
in
connection
with
the
new
construction
or
addition
upon
the
existing
property.
(3)
(a)
The
sales
price
of
electricity
purchased
for
use
by
a
data
center
business.
(b)
The
duration
of
the
exemption
allowed
under
this
subparagraph
shall
be
for
the
following
time
periods:
(i)
For
electricity
purchased
in
connection
with
real
property
the
data
center
business
began
operating
prior
the
effective
date
of
this
division
of
this
Act,
there
shall
be
no
limitation
on
the
duration
of
the
exemption.
(ii)
For
electricity
purchased
by
a
data
center
business
in
connection
with
real
property
with
new
construction
upon
the
property
completed
on
or
after
the
effective
date
of
this
division
of
this
Act,
or
additions
upon
existing
property
on
or
after
the
effective
date
of
this
division
of
this
Act,
and
such
property
is
located
entirely
or
in
part
within
a
city
having
a
population
of
more
than
thirty
thousand,
according
to
the
most
recent
decennial
federal
census,
the
first
ten
years
of
operation
in
connection
with
the
new
construction
or
addition
to
the
existing
property.
(iii)
For
electricity
purchased
by
a
data
center
business
in
connection
with
real
property
with
new
construction
upon
the
property
completed
on
or
after
the
effective
date
of
this
division
of
this
Act,
or
additions
upon
existing
property
on
or
after
the
effective
date
of
this
division
of
this
Act,
and
such
property
is
not
located
in
part
within
a
city
having
a
population
of
more
than
thirty
thousand,
according
to
the
most
recent
decennial
federal
census,
the
first
fifteen
years
of
operation
in
connection
with
the
new
construction
or
addition
to
the
property.
Sec.
74.
Section
423.3,
subsection
95,
paragraph
b,
subparagraph
(3),
Code
2025,
is
amended
to
read
as
follows:
(3)
The
data
center
business
shall
make
a
minimum
investment
in
an
Iowa
physical
location
of
two
hundred
million
dollars
within
the
first
six
years
of
operation
in
Iowa
beginning
with
the
date
the
data
center
business
initiates
site
preparation
House
File
976,
p.
27
activities
,
or
the
beginning
date
of
the
initial
lease
term
of
a
data
center,
as
applicable
.
The
minimum
investment
includes
the
initial
investment,
including
land
and
subsequent
acquisition
of
additional
adjacent
land
and
subsequent
investment
at
the
Iowa
location.
Sec.
75.
Section
423.3,
subsection
95,
paragraph
b,
Code
2025,
is
amended
by
adding
the
following
new
subparagraphs:
NEW
SUBPARAGRAPH
.
(5)
The
data
center
business
shall
register
with
the
department
as
a
data
center
business.
To
maintain
its
registration,
the
data
center
business
shall
file
an
annual
report
with
the
department,
by
January
31,
2026,
and
by
each
January
31
thereafter.
The
annual
report
shall
describe
the
backup
power
generation
fuel
and
electricity
purchased
in
the
previous
calendar
year
for
the
purposes
described
in
paragraph
“a”
,
subparagraphs
(2)
and
(3),
and
any
other
information
the
department
requires.
NEW
SUBPARAGRAPH
.
(6)
Beginning
after
January
31,
2026,
when
purchasing
exempt
property
under
paragraph
“a”
,
the
data
center
business
shall
present
an
exemption
certificate,
issued
annually
to
the
data
center
business
after
filing
the
annual
report
pursuant
to
subparagraph
(5),
to
the
retailer.
Sec.
76.
Section
423.3,
subsection
95,
paragraphs
c
and
d,
Code
2025,
are
amended
to
read
as
follows:
c.
This
exemption
applies
from
the
date
of
the
initial
investment
in
,
or
the
initiation
of
site
preparation
activities
for
the
data
center
business
facility
,
or
from
the
beginning
date
of
the
initial
lease
term,
as
described
in
paragraph
“b”
.
d.
Failure
to
meet
eighty
percent
of
the
minimum
investment
amount
requirement
specified
in
paragraph
“b”
within
the
first
six
years
of
operation
from
the
date
the
data
center
business
initiates
site
preparation
activities
or
from
the
beginning
date
of
the
initial
lease
term,
as
applicable,
will
result
in
the
data
center
business
losing
the
right
to
claim
this
data
center
business
exemption
and
the
data
center
business
shall
pay
all
sales
or
use
tax
that
would
have
been
due
on
the
purchase
or
use
of
the
items
listed
in
this
exemption,
plus
any
applicable
penalty
and
interest
imposed
by
statute.
Sec.
77.
Section
423.3,
subsection
95,
Code
2025,
is
amended
by
adding
the
following
new
paragraph:
House
File
976,
p.
28
NEW
PARAGRAPH
.
0d.
A
data
center
business
leasing
space
to
operate
a
data
center
as
a
lessee
is
eligible
to
qualify
for
the
exemption
under
this
subsection.
Sec.
78.
Section
423.3,
subsection
95,
paragraph
e,
subparagraphs
(1)
and
(2),
Code
2025,
are
amended
to
read
as
follows:
(1)
“Data
center”
means
a
building
rehabilitated
or
constructed
to
house
a
group
of
networked
server
computers
in
one
physical
location
in
order
to
centralize
the
storage,
management,
and
dissemination
of
data
and
information
pertaining
to
a
particular
business,
taxonomy,
or
body
of
knowledge.
A
data
center
business’s
facility
typically
includes
the
mechanical
and
electrical
systems,
redundant
or
backup
power
supplies,
redundant
data
communications
connections,
environmental
controls,
and
fire
suppression
systems.
A
data
center
business’s
facility
also
includes
a
restricted
access
area
employing
advanced
physical
security
measures
such
as
video
surveillance
systems
and
card-based
security
or
biometric
security
access
systems.
“Data
center”
includes
the
lease
of
a
business
facility
leased
by
an
entity
operating
a
data
center
business
at
that
location.
(2)
“Data
center
business”
means
an
entity
whose
business
among
other
businesses,
is
to
operate
or
lease
a
data
center.
Sec.
79.
Section
423.3,
subsection
95,
paragraph
e,
Code
2025,
is
amended
by
adding
the
following
new
subparagraph:
NEW
SUBPARAGRAPH
.
(3)
“Site
preparation
activities”
means
actions
that
are
taken
prior
to
beginning
construction
or
rehabilitation
of
the
building
that
will
house
the
data
center
and
in
preparation
for
the
construction
or
rehabilitation.
“Site
preparation
activities”
include
but
are
hot
limited
to
grading
and
clearing
of
land,
storing
of
construction
equipment
including
temporary
buildings
and
trailers
for
equipment
storage
and
for
construction
offices,
exploratory
excavating
and
borings
to
assess
the
sustainability
of
a
site,
and
clearing
the
site
of
existing
vegetation,
old
buildings,
or
old
equipment.
“Site
preparation
activities”
does
not
include
the
purchase
or
installation
of
the
tangible
personal
property
described
in
paragraph
“a”
,
subparagraph
(1).
Sec.
80.
Section
423.4,
subsection
7,
paragraph
b,
House
File
976,
p.
29
subparagraph
(1),
Code
2025,
is
amended
to
read
as
follows:
(1)
The
data
center
business
shall
make
an
investment
in
an
Iowa
physical
location
within
the
first
three
years
of
operation
in
Iowa
beginning
with
the
date
on
which
the
data
center
business
initiates
site
preparation
activities
,
or
within
three
years
of
the
beginning
date
of
the
initial
lease
term
of
the
data
center,
as
applicable
.
Sec.
81.
Section
423.4,
subsection
7,
Code
2025,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
g.
As
used
in
this
subsection,
“site
preparation
activities”
means
the
same
as
defined
in
section
423.3,
subsection
95.
Sec.
82.
Section
423.4,
subsection
8,
paragraph
b,
subparagraph
(2),
Code
2025,
is
amended
to
read
as
follows:
(2)
The
data
center
business
shall
make
a
minimum
investment
of
at
least
ten
million
dollars,
in
the
case
of
new
construction,
or
at
least
five
million
dollars
in
the
case
of
a
rehabilitated
building,
in
an
Iowa
physical
location
within
the
first
six
years
of
operation
in
Iowa,
beginning
with
the
date
on
which
the
data
center
business
initiates
site
preparation
activities
or
the
beginning
date
of
the
initial
lease
term,
as
applicable
.
The
minimum
investment
includes
the
initial
investment,
including
the
value
of
a
lease
agreement
or
the
amount
invested
in
land
and
subsequent
acquisition
of
additional
adjacent
land
and
subsequent
investment
at
the
Iowa
location.
Sec.
83.
Section
423.4,
subsection
8,
Code
2025,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
h.
As
used
in
this
subsection,
“site
preparation
activities”
means
the
same
as
defined
in
section
423.3,
subsection
95.
Sec.
84.
Section
423.43,
subsection
1,
paragraph
a,
Code
2025,
is
amended
to
read
as
follows:
a.
Except
as
provided
in
subsection
2
subsections
2
and
3
,
all
revenue
arising
under
the
operation
of
the
use
tax
under
subchapter
III
shall
be
deposited
into
the
general
fund
of
the
state.
Sec.
85.
Section
423.43,
Code
2025,
is
amended
by
adding
the
following
new
subsection:
House
File
976,
p.
30
NEW
SUBSECTION
.
3.
All
revenues
derived
from
the
use
tax
imposed
pursuant
to
section
423.5
and
attributable
to
the
expiration
of
the
exemption
time
period
specified
in
all
of
the
following
shall
be
transferred
to
the
energy
infrastructure
revolving
loan
fund
under
section
476.46A:
a.
Section
423.3,
subsection
92,
paragraph
“a”
,
subparagraph
(2)
or
(3).
b.
Section
423.3,
subsection
93,
paragraph
“a”
,
subparagraph
(2)
or
(3).
c.
Section
423.3,
subsection
95,
paragraph
“a”
,
subparagraph
(2)
or
(3).
Sec.
86.
Section
427.1,
subsection
37,
paragraph
b,
Code
2025,
is
amended
to
read
as
follows:
b.
This
data
center
business
exemption
applies
beginning
with
the
assessment
year
the
investment
in
or
construction
of
the
facility
utilizing
the
materials,
equipment,
and
systems
set
forth
in
paragraph
“a”
are
first
assessed
,
or
applies
beginning
with
the
assessment
year
in
which
the
date
of
the
initial
lease
term
of
a
data
center
by
a
data
center
business
begins,
as
applicable
.
Sec.
87.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
976,
Ninety-first
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2025
______________________________
KIM
REYNOLDS
Governor