House File 145 - Introduced



                                       HOUSE FILE       
                                       BY  MAY


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

                                      A BILL FOR

  1 An Act relating to the taxation of a homestead owned by a
  2    disabled veteran and including effective date and
  3    applicability date provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1316YH 83
  6 md/sc:mg/5

PAG LIN



  1  1    Section 1.  Section 425.15, Code 2009, is amended to read
  1  2 as follows:
  1  3    425.15  DISABLED VETERAN TAX CREDIT.
  1  4    If the owner of a homestead allowed a credit under this
  1  5 chapter is a veteran of any of the military forces of the
  1  6 United States, who acquired the homestead under 38 U.S.C. }
  1  7 21.801, 21.802, prior to August 6, 1991, or 38 U.S.C. } 2101,
  1  8 2102, the credit allowed on the homestead from the homestead
  1  9 credit fund shall be the entire amount of the tax levied on
  1 10 the homestead.  The credit allowed shall be continued to the
  1 11 estate of a veteran who is deceased or the surviving spouse
  1 12 and any child, as defined in section 234.1, who are the
  1 13 beneficiaries of a deceased veteran, so long as the surviving
  1 14 spouse remains unmarried.  This section is not applicable to
  1 15 the holder of title to any homestead whose annual income,
  1 16 together with that of the titleholder's spouse, if any, for
  1 17 the last preceding twelve=month income tax accounting period
  1 18 exceeds thirty=five thousand dollars.  For the purpose of this
  1 19 section "income" means taxable income for federal income tax
  1 20 purposes plus income from securities of state and other
  1 21 political subdivisions exempt from federal income tax.  A
  1 22 veteran or a beneficiary of a veteran who elects to secure the
  1 23 credit provided in this section is not eligible for any other
  1 24 real property tax exemption provided by law for veterans of
  1 25 military service.  If a veteran acquires a different
  1 26 homestead, the credit allowed under this section may be
  1 27 claimed on the new homestead unless the veteran fails to meet
  1 28 the other requirements of this section.
  1 29    Sec. 2.  Section 427.1, Code 2009, is amended by adding the
  1 30 following new subsection:
  1 31    NEW SUBSECTION.  37.  HOMESTEAD OF A DISABLED VETERAN.  A
  1 32 homestead, as defined in section 425.11, subsection 3, owned
  1 33 by a disabled veteran or the disabled veteran's spouse,
  1 34 subject to the requirements of this subsection.
  1 35    a.  (1)  If the veteran has a disability rating of at least
  2  1 seventy percent and less than one hundred percent, as
  2  2 certified by the United States veterans administration, the
  2  3 first one hundred and fifty thousand dollars of the
  2  4 homestead's assessed value shall be exempt from taxation.
  2  5    (2)  If the veteran has a disability rating of one hundred
  2  6 percent, as certified by the United States veterans
  2  7 administration, the first three hundred thousand dollars of
  2  8 the homestead's assessed value shall be exempt from taxation.
  2  9    b.  To qualify for the exemption under this subsection, all
  2 10 of the following conditions must be met:
  2 11    (1)  The veteran was honorably discharged from the United
  2 12 States armed forces.
  2 13    (2)  The veteran is certified by the United States veterans
  2 14 administration as having a service=connected disability.  The
  2 15 certification shall specify the disability rating of the
  2 16 veteran.
  2 17    c.  The veteran shall file with the county assessor not
  2 18 later than February 1 of the year for which the exemption is
  2 19 requested, a statement upon forms to be prescribed by the
  2 20 director of revenue.  Upon the filing and allowance of the
  2 21 claim, the exemption shall be allowed on the disabled
  2 22 veteran's homestead for successive years without further
  2 23 filing as long as the property is legally and equitably owned
  2 24 and used as a homestead by the disabled veteran on July 1 of
  2 25 each of those successive years.  The exemption allowed under
  2 26 this subsection shall be continued to the estate of a disabled
  2 27 veteran who is deceased or the surviving spouse and any child,
  2 28 as defined in section 234.1, who are the beneficiaries of the
  2 29 deceased veteran, so long as the surviving spouse remains
  2 30 unmarried.
  2 31    d.  A property qualifying for an exemption under this
  2 32 subsection is not eligible for the credit under section
  2 33 425.15.
  2 34    Sec. 3.  IMPLEMENTATION.  Section 25B.7 does not apply to
  2 35 the property tax exemption enacted in this Act.
  3  1    Sec. 4.  DEADLINE EXTENSION.  Notwithstanding the filing
  3  2 deadline in section 427.1, subsection 37, as enacted by this
  3  3 Act, a statement that is requesting an exemption for property
  3  4 taxes due and payable in the fiscal year beginning July 1,
  3  5 2010, shall be filed not later than October 1, 2009.
  3  6    Sec. 5.  EFFECTIVE AND APPLICABILITY DATES.  This Act,
  3  7 being deemed of immediate importance, takes effect upon
  3  8 enactment and applies to property taxes due and payable in
  3  9 fiscal years beginning on or after July 1, 2010.
  3 10                           EXPLANATION
  3 11    This bill provides a property tax exemption for a homestead
  3 12 owned by a disabled veteran or the disabled veteran's spouse.
  3 13 Under the bill, if the veteran has a disability rating of at
  3 14 least 70 percent and less than 100 percent, the first $150,000
  3 15 of the homestead's assessed value is exempt from taxation.  If
  3 16 the veteran has a disability rating of 100 percent, the first
  3 17 $300,000 of the homestead's assessed value is exempt from
  3 18 taxation.
  3 19    To be eligible, the veteran must have been honorably
  3 20 discharged from the United States armed forces and must be
  3 21 certified by the United States veterans administration as
  3 22 having a service=connected disability.  The bill requires the
  3 23 disabled veteran to file a claim with the county assessor not
  3 24 later than February 1 of the year for which the exemption is
  3 25 requested.  The bill allows the exemption for successive years
  3 26 without further filing as long as the property is legally and
  3 27 equitably owned and used as a homestead by the disabled
  3 28 veteran on July 1 of each of those successive years.  The bill
  3 29 also allows the exemption to continue to the estate of a
  3 30 disabled veteran who is deceased or the surviving spouse and
  3 31 any child who are the beneficiaries of the deceased veteran,
  3 32 so long as the surviving spouse remains unmarried.
  3 33    The bill provides that a property qualifying for an
  3 34 exemption under the bill is not eligible for the disabled
  3 35 veteran tax credit under Code section 425.15.
  4  1    Code section 25B.7 does not apply to the property tax
  4  2 exemption in the bill.  That Code section requires state
  4  3 funding to implement a property tax exemption.
  4  4    The bill updates references to federal veterans' benefits
  4  5 programs under Code section 425.15.
  4  6    The bill provides a filing deadline of October 1, 2009, for
  4  7 an exemption applicable to property taxes due and payable in
  4  8 the fiscal year beginning July 1, 2010.
  4  9    The bill takes effect upon enactment and applies to
  4 10 property taxes due and payable in fiscal years beginning on or
  4 11 after July 1, 2010.
  4 12 LSB 1316YH 83
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