Senate File 496 - Introduced



                                       SENATE FILE       
                                       BY  ZIEMAN


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

                                      A BILL FOR

  1 An Act providing for a commercial property tax credit for
  2    proportional increases in the state percent of growth, making
  3    an appropriation, and including an applicability date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2271XS 82
  6 ak/gg/14

PAG LIN



  1  1    Section 1.  NEW SECTION.  426C.1  COMMERCIAL PROPERTY TAX
  1  2 CREDIT FUND.
  1  3    There is created as a permanent fund in the office of the
  1  4 treasurer of state a fund to be known as the commercial
  1  5 property tax credit fund, and for the purpose of establishing
  1  6 and maintaining this fund, for each fiscal year there is
  1  7 appropriated from the general fund of the state and deposited
  1  8 into the commercial property tax credit fund an amount
  1  9 sufficient to implement this chapter.
  1 10    Sec. 2.  NEW SECTION.  426C.2  DEFINITIONS.
  1 11    As used in this chapter:
  1 12    1.  "Base year" means the budget year beginning July 1,
  1 13 2007.
  1 14    2.  "Budget year" means as defined in section 257.2.
  1 15    3.  "Commercial property" means property assessed for
  1 16 property taxation as commercial and industrial real estate,
  1 17 except for property intended for human habitation.
  1 18    Sec. 3.  NEW SECTION.  426C.3  WHERE CREDIT GIVEN.
  1 19    The commercial property tax credit fund shall be
  1 20 apportioned each year so as to give a credit against the tax
  1 21 levied against commercial property that is equal in amount to
  1 22 the amount by which the additional property tax levy rate
  1 23 computed under section 257.4 for the budget year exceeds the
  1 24 amount that the additional property tax levy rate would be for
  1 25 the budget year if the combined district cost is the same as
  1 26 the combined district cost for the base year.
  1 27    Sec. 4.  NEW SECTION.  426C.4  COMPUTATION BY DEPARTMENT OF
  1 28 MANAGEMENT.
  1 29    1.  On or before May 15 of each year, the department of
  1 30 management shall calculate the tax rate for each of the
  1 31 several school districts to be used by the county auditor in
  1 32 computing the amount of credit that shall be owed to
  1 33 commercial property taxpayers in the county for taxes due and
  1 34 payable in the ensuing fiscal year.
  1 35    2.  The department of management shall use the following
  2  1 formula to calculate the tax rate per one thousand dollars of
  2  2 assessed value of taxable property for each school district:
  2  3    a.  Calculate the additional property tax levy rate under
  2  4 section 257.4 for the budget year.
  2  5    b.  Calculate the additional property tax levy rate under
  2  6 section 257.4 as if the combined district cost for the budget
  2  7 year was equal to the combined district cost for the base
  2  8 year.
  2  9    c.  Subtract the amount in paragraph "b" from the amount in
  2 10 paragraph "a".  If the amount in paragraph "a" does not exceed
  2 11 the amount in paragraph "b", there is no credit for the budget
  2 12 year and the department shall notify the county auditors of
  2 13 that fact.
  2 14    d.  On or before May 15 the department shall certify the
  2 15 applicable tax rates to each county auditor.
  2 16    Sec. 5.  NEW SECTION.  426C.5  APPORTIONMENT BY AUDITOR.
  2 17    Upon receiving the applicable tax rates from the department
  2 18 of management, the county auditor shall determine the amount
  2 19 to be credited to each parcel of commercial property and shall
  2 20 enter such amounts upon the tax list as a credit against the
  2 21 tax levied on each parcel of commercial property before
  2 22 delivering the tax list to the county treasurer.  The county
  2 23 treasurer shall show on the tax statement the amount of tax
  2 24 credit for each parcel of commercial property.  In case of
  2 25 change of ownership, the credit shall follow the title.
  2 26    Sec. 6.  NEW SECTION.  426C.6  WARRANTS AUTHORIZED BY
  2 27 DIRECTOR.
  2 28    1.  The county auditor shall certify to the department of
  2 29 management the total amount of credits provided to commercial
  2 30 property taxpayers in the county.
  2 31    2.  During the following budget year, the department of
  2 32 management shall draw warrants on the commercial property tax
  2 33 credit fund created in section 426C.1, payable to the county
  2 34 treasurers, in the amount certified by the county auditors of
  2 35 the respective counties and shall mail the warrants to the
  3  1 counties.  The amount due each county shall be paid in two
  3  2 payments on November 15 and March 15 of each fiscal year.  The
  3  3 two payments shall be as nearly equal as possible.  Upon
  3  4 receipt of the warrant by the county auditor, the auditor
  3  5 shall deliver the warrant to the county treasurer.
  3  6    Sec. 7.  APPLICABLE DATE.  This Act applies to property
  3  7 taxes due and payable on or after July 1, 2008.
  3  8                           EXPLANATION
  3  9    This bill provides commercial property taxpayers with an
  3 10 annual property tax credit equal to the increase in the
  3 11 additional property tax levy caused by an increase in the
  3 12 state percent of growth.  Commercial property is defined as
  3 13 real estate that is assessed as commercial and industrial
  3 14 property, except for property used for human habitation.
  3 15    The bill creates a commercial property tax credit fund in
  3 16 the office of state treasurer and annually appropriates an
  3 17 amount sufficient to pay the credits.  The credit amount each
  3 18 year is the amount of tax that is levied that is more than the
  3 19 commercial property taxpayer would have paid in the base year
  3 20 due to the state percent of growth.  The bill defines "base
  3 21 year" as the budget year beginning July 1, 2007.
  3 22    The department of management is responsible for calculating
  3 23 the tax rates upon which the credit will be computed.  The
  3 24 county auditor is responsible for determining how much each
  3 25 parcel of commercial property will be credited and for
  3 26 delivering the adjusted tax list to the county treasurer.  The
  3 27 county treasurer shall show on each commercial property tax
  3 28 statement the amount of the tax credit.
  3 29    The bill applies to property taxes due and payable on or
  3 30 after July 1, 2008.
  3 31 LSB 2271XS 82
  3 32 ak:sc/gg/14