Senate File 2408 - Introduced



                                       SENATE FILE       
                                       BY  COMMITTEE ON WAYS AND
                                           MEANS

                                       (SUCCESSOR TO SSB 3126)


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

                                      A BILL FOR

  1 An Act relating to the policy administration of the tax and
  2    related laws by the department of revenue, including
  3    administration of income, inheritance, and sales and use
  4    taxes, and including a retroactive applicability date
  5    provision.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1                           DIVISION I
  1  2                       TAX ADMINISTRATION
  1  3    Section 1.  Section 99B.10B, subsection 2, Code Supplement
  1  4 2007, is amended to read as follows:
  1  5    2.  a.  The department shall revoke a registration issued
  1  6 pursuant to section 99B.10 or 99B.10A, for a period of ten
  1  7 years if a person commits an offense of awarding a cash prize
  1  8 in violation of section 99B.10, subsection 1, paragraph "b",
  1  9 pursuant to rules adopted by the department.  A person whose
  1 10 registration is revoked under this subsection who is a person
  1 11 for which a class "A", class "B", class "C", special class
  1 12 "C", or class "D" liquor control license has been issued
  1 13 pursuant to chapter 123 shall have the person's liquor control
  1 14 license suspended for a period of fourteen days in the same
  1 15 manner as provided in section 123.50, subsection 3, paragraph
  1 16 "a".  A person whose registration is revoked under this
  1 17 subsection who is a person for which only a class "B" or class
  1 18 "C" beer permit has been issued pursuant to chapter 123 shall
  1 19 have the person's class "B" or class "C" beer permit suspended
  1 20 and that person's sales tax permit suspended for a period of
  1 21 fourteen days in the same manner as provided in section
  1 22 123.50, subsection 3, paragraph "a".
  1 23    b.  If a person owning or employed by an establishment
  1 24 having a class "A", class "B", class "C", special class "C",
  1 25 or class "D" liquor control license issued pursuant to chapter
  1 26 123 commits an offense of awarding a cash prize in violation
  1 27 of section 99B.10, subsection 1, paragraph "b", pursuant to
  1 28 rules adopted by the department, the liquor control license of
  1 29 the establishment shall be suspended for a period of fourteen
  1 30 days in the same manner as provided in section 123.50,
  1 31 subsection 3, paragraph "a".  If a person owning or employed
  1 32 by an establishment having a class "B" or class "C" beer
  1 33 permit issued pursuant to chapter 123 awards a cash prize in
  1 34 violation of section 99B.10, subsection 1, paragraph "b",
  1 35 pursuant to rules adopted by the department, the beer permit
  2  1 of the establishment and the establishment's sales tax permit
  2  2 shall be suspended for a period of fourteen days in the same
  2  3 manner as provided in section 123.50, subsection 3, paragraph
  2  4 "a".
  2  5    Sec. 2.  Section 99B.14, subsection 1, Code 2007, is
  2  6 amended to read as follows:
  2  7    1.  The department may deny, suspend, or revoke a license
  2  8 if the department finds that an applicant, licensee, or an
  2  9 agent of the licensee violated or permitted a violation of a
  2 10 provision of this chapter or a departmental rule adopted
  2 11 pursuant to chapter 17A, or for any other cause for which the
  2 12 director of the department would be or would have been
  2 13 justified in refusing to issue a license, or upon the
  2 14 conviction of a person of a violation of this chapter or a
  2 15 rule adopted under this chapter which occurred on the licensed
  2 16 premises.  However, the denial, suspension, or revocation of
  2 17 one type of gambling license does not require, but may result
  2 18 in, the denial, suspension, or revocation of a different type
  2 19 of gambling license held by the same licensee.  In addition, a
  2 20 person whose license is revoked under this section who is a
  2 21 person for which a class "A", class "B", class "C", or class
  2 22 "D" liquor control license has been issued pursuant to chapter
  2 23 123 shall have the person's liquor control license suspended
  2 24 for a period of fourteen days in the same manner as provided
  2 25 in section 123.50, subsection 3, paragraph "a".  In addition,
  2 26 a person whose license is revoked under this section who is a
  2 27 person for which only a class "B" or class "C" beer permit has
  2 28 been issued pursuant to chapter 123 shall have the person's
  2 29 class "B" or class "C" beer permit suspended and that person's
  2 30 sales tax permit suspended for a period of fourteen days in
  2 31 the same manner as provided in section 123.50, subsection 3,
  2 32 paragraph "a".
  2 33    Sec. 3.  Section 331.434, subsection 1, Code Supplement
  2 34 2007, is amended to read as follows:
  2 35    1.  The budget shall show the amount required for each
  3  1 class of proposed expenditures, a comparison of the amounts
  3  2 proposed to be expended with the amounts expended for like
  3  3 purposes for the two preceding years, the revenues from
  3  4 sources other than property taxation, and the amount to be
  3  5 raised by property taxation, in the detail and form prescribed
  3  6 by the director of the department of management.  For each
  3  7 county that has established an urban renewal area, the budget
  3  8 shall include estimated and actual tax increment financing
  3  9 revenues and all estimated and actual expenditures of the
  3 10 revenues, proceeds from debt and all estimated and actual
  3 11 expenditures of the debt proceeds, and identification of any
  3 12 entity receiving a direct payment of taxes funded by tax
  3 13 increment financing revenues and shall include the total
  3 14 amount of loans, advances, indebtedness, or bonds outstanding
  3 15 at the close of the most recently ended fiscal year, which
  3 16 qualify for payment from the special fund created in section
  3 17 403.19, including interest negotiated on such loans, advances,
  3 18 indebtedness, or bonds.  For purposes of this subsection,
  3 19 "indebtedness" includes written agreements whereby the county
  3 20 agrees to suspend, abate, exempt, rebate, refund, or reimburse
  3 21 property taxes, provide a grant for property taxes paid, or
  3 22 make a direct payment of taxes, with moneys in the special
  3 23 fund.  The amount of loans, advances, indebtedness, or bonds
  3 24 shall be listed in the aggregate for each county reporting.
  3 25 The county finance committee, in consultation with the
  3 26 department of management and the legislative services agency,
  3 27 shall determine reporting criteria and shall prepare a form
  3 28 for reports filed with the department pursuant to this
  3 29 section.  The department shall make the information available
  3 30 by electronic means.
  3 31    Sec. 4.  Section 384.16, subsection 1, unnumbered paragraph
  3 32 2, Code Supplement 2007, is amended to read as follows:
  3 33    A budget must show comparisons between the estimated
  3 34 expenditures in each program in the following year, the latest
  3 35 estimated expenditures in each program in the current year,
  4  1 and the actual expenditures in each program from the annual
  4  2 report as provided in section 384.22, or as corrected by a
  4  3 subsequent audit report.  Wherever practicable, as provided in
  4  4 rules of the committee, a budget must show comparisons between
  4  5 the levels of service provided by each program as estimated
  4  6 for the following year, and actual levels of service provided
  4  7 by each program during the two preceding years.  For each city
  4  8 that has established an urban renewal area, the budget shall
  4  9 include estimated and actual tax increment financing revenues
  4 10 and all estimated and actual expenditures of the revenues,
  4 11 proceeds from debt and all estimated and actual expenditures
  4 12 of the debt proceeds, and identification of any entity
  4 13 receiving a direct payment of taxes funded by tax increment
  4 14 financing revenues and shall include the total amount of
  4 15 loans, advances, indebtedness, or bonds outstanding at the
  4 16 close of the most recently ended fiscal year, which qualify
  4 17 for payment from the special fund created in section 403.19,
  4 18 including interest negotiated on such loans, advances,
  4 19 indebtedness, or bonds.  For purposes of this subsection,
  4 20 "indebtedness" includes written agreements whereby the city
  4 21 agrees to suspend, abate, exempt, rebate, refund, or reimburse
  4 22 property taxes, provide a grant for property taxes paid, or
  4 23 make a direct payment of taxes, with moneys in the special
  4 24 fund.  The amount of loans, advances, indebtedness, or bonds
  4 25 shall be listed in the aggregate for each city reporting.  The
  4 26 city finance committee, in consultation with the department of
  4 27 management and the legislative services agency, shall
  4 28 determine reporting criteria and shall prepare a form for
  4 29 reports filed with the department pursuant to this section.
  4 30 The department shall make the information available by
  4 31 electronic means.
  4 32    Sec. 5.  Section 421.17, Code 2007, is amended by adding
  4 33 the following new subsection:
  4 34    NEW SUBSECTION.  30.  If a natural disaster is declared by
  4 35 the governor in any area of the state, the director may extend
  5  1 for a period of up to one year the due date for the filing of
  5  2 any tax return and may suspend any associated penalty or
  5  3 interest that would accrue during that period of time for any
  5  4 affected taxpayer whose principal residence or business is
  5  5 located in the covered area if the director determines it
  5  6 necessary for the efficient administration of the tax laws of
  5  7 this state.
  5  8    Sec. 6.  Section 421.60, subsection 8, Code 2007, is
  5  9 amended to read as follows:
  5 10    8.  REFUND OF UNTIMELY ASSESSED TAXES.  Notwithstanding any
  5 11 other refund statute, if it appears that an amount of tax,
  5 12 penalty, or interest has been paid to the department after the
  5 13 expiration of the statute of limitations for the department to
  5 14 determine and assess or collect the amount of such tax due,
  5 15 then the amount paid shall be credited against another tax
  5 16 liability of the taxpayer which is outstanding, if the statute
  5 17 of limitations for assessment or collection of that other tax
  5 18 has not expired or the amount paid shall be refunded to the
  5 19 person or, with the person's approval, credited to tax to
  5 20 become due.  An application for refund or credit under this
  5 21 subsection must be filed within one year of payment.  This
  5 22 subsection shall not be construed to prohibit the department
  5 23 from offsetting the refund claim against any tax due, if the
  5 24 statute of limitations for that other tax has not expired.
  5 25 However, any tax, penalty, or interest due for which a notice
  5 26 of assessment was not issued by the department but which was
  5 27 voluntarily paid by a taxpayer after the expiration of the
  5 28 statute of limitations for assessment shall not be refunded.
  5 29                           DIVISION II
  5 30                           INCOME TAX
  5 31    Sec. 7.  Section 422.24A, Code 2007, is repealed.
  5 32    Sec. 8.  RETROACTIVE APPLICABILITY DATE.  The section of
  5 33 this division of this Act repealing section 422.24A applies
  5 34 retroactively to January 1, 2008, for tax years beginning on
  5 35 or after that date.
  6  1                          DIVISION III
  6  2                         INHERITANCE TAX
  6  3    Sec. 9.  Section 12D.9, Code 2007, is amended by adding the
  6  4 following new subsection:
  6  5    NEW SUBSECTION.  3.  State inheritance tax treatment of
  6  6 interests in Iowa educational savings plans shall be as
  6  7 provided in section 450.4, subsection 10.  This subsection
  6  8 shall apply to all Iowa educational savings plans existing on
  6  9 or after July 1, 1998.
  6 10    Sec. 10.  Section 450.4, Code Supplement 2007, is amended
  6 11 by adding the following new subsection:
  6 12    NEW SUBSECTION.  10.  On the value of any interest in a
  6 13 qualified tuition plan, as defined in section 529 of the
  6 14 Internal Revenue Code, to the same extent to which the value
  6 15 is excluded from the decedent's gross estate for federal
  6 16 estate tax purposes.  This subsection shall apply to all
  6 17 qualified tuition plans that are in existence on or after July
  6 18 1, 1998.
  6 19                           EXPLANATION
  6 20    DIVISION I == TAX ADMINISTRATION.  Code sections 99B.10B
  6 21 and 99B.14 are amended to remove the authorization of the
  6 22 department of inspections and appeals to suspend a person's
  6 23 sales tax permit for a violation of Code chapter 99B, relating
  6 24 to games of skill or chance and raffles.
  6 25    Code sections 331.434 and 384.16 are amended by eliminating
  6 26 the requirement for the county finance and city finance
  6 27 committees to determine the budget and indebtedness reporting
  6 28 criteria and the forms to be used for such reporting.
  6 29    Code section 421.17 is amended by adding new subsection 30
  6 30 to permit the director to extend the period of time for filing
  6 31 tax returns and to suspend any penalty or interest associated
  6 32 with those returns for taxpayers residing in an area declared
  6 33 as a disaster area by the governor.
  6 34    Code section 421.60, subsection 8, is amended to provide
  6 35 that any tax, penalty, or interest due which was voluntarily
  7  1 paid by a taxpayer after the expiration of the statute of
  7  2 limitations for assessment, and a notice of assessment was not
  7  3 issued by the department, shall not be refunded.
  7  4    DIVISION II == INCOME TAX.  Code section 422.24A is
  7  5 repealed.  This section provides for a start=up business tax
  7  6 deferment whereby taxable income for the first three years
  7  7 that an eligible business is in operation can be deferred.
  7  8 Since this provision was enacted in 2002, no businesses have
  7  9 applied for this deferral.  This provision applies
  7 10 retroactively to January 1, 2008, for tax years beginning on
  7 11 or after that date.
  7 12    DIVISION III == INHERITANCE TAX.  Code sections 12D.9 and
  7 13 450.4 are amended to exempt from the state inheritance tax the
  7 14 value of any interest in an Iowa educational savings plan and
  7 15 other section 529 of the Internal Revenue Code plans.  The
  7 16 exemptions apply to such plans in existence on or after July
  7 17 1, 1998.
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