House File 857 - Introduced



                                       HOUSE FILE       
                                       BY  THOMAS


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act allowing belated claims for homestead and military service
  2    tax credits.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2782HH 82
  5 mg/je/5

PAG LIN



  1  1    Section 1.  Section 425.2, unnumbered paragraph 1, Code
  1  2 2007, is amended to read as follows:
  1  3    A person who wishes to qualify for the credit allowed under
  1  4 this chapter shall obtain the appropriate forms for filing for
  1  5 the credit from the assessor.  The person claiming the credit
  1  6 shall file a verified statement and designation of homestead
  1  7 with the assessor for the year for which the person is first
  1  8 claiming the credit.  The claim shall be filed not later than
  1  9 July 1 of the year for which the person is claiming the
  1 10 credit.  A claim filed after July 1 of the year for which the
  1 11 person is claiming the credit shall be considered as a claim
  1 12 filed for the following year.
  1 13    Sec. 2.  Section 425.2, Code 2007, is amended by adding
  1 14 after unnumbered paragraph 1, the following new unnumbered
  1 15 paragraph:
  1 16    NEW UNNUMBERED PARAGRAPH.  The failure of a person to file
  1 17 a claim under this section on or before July 1 of the year for
  1 18 which the person is first claiming the credit or to have the
  1 19 evidence of ownership recorded in the office of the county
  1 20 recorder does not disqualify the claim if the person claiming
  1 21 the credit or through whom the credit is claimed is otherwise
  1 22 qualified.  The belated claim shall be filed with the
  1 23 appropriate assessor on or before December 31 of the following
  1 24 calendar year and, if approved by the board of supervisors,
  1 25 the county treasurer shall file an amended certificate of
  1 26 homestead tax credits with the director of revenue pursuant to
  1 27 section 425.4.
  1 28    Sec. 3.  Section 426A.13, Code 2007, is amended by adding
  1 29 the following new unnumbered paragraph after unnumbered
  1 30 paragraph 2:
  1 31    NEW UNNUMBERED PARAGRAPH.  The failure of a person to file
  1 32 a claim under this section before July 1, of the year for
  1 33 which the person is first claiming the exemption or to have
  1 34 evidence of property ownership and satisfactory service,
  1 35 separation, retirement, furlough to reserve, inactive status,
  2  1 or honorable discharge recorded in the office of the county
  2  2 recorder does not disqualify the claim if the person claiming
  2  3 the exemption or through whom the exemption is claimed is
  2  4 otherwise qualified.  The belated claim shall be filed with
  2  5 the appropriate assessor on or before December 31 of the
  2  6 following calendar year and, if approved by the board of
  2  7 supervisors, the county treasurer shall file an amended
  2  8 certificate of military service tax credits with the director
  2  9 of revenue pursuant to section 426A.3.
  2 10                           EXPLANATION
  2 11    Under present law a person who first files a claim for the
  2 12 homestead tax credit or the military service tax credit must
  2 13 do so by July 1 of the calendar year preceding the calendar
  2 14 year in which the fiscal year that the taxes are due and
  2 15 payable begins.  Belated claims are not allowed.  This bill
  2 16 allows belated claims to be filed after the July 1 deadline
  2 17 until December 31 of the following calendar year.
  2 18 LSB 2782HH 82
  2 19 mg:sc/je/5