Senate Study Bill 1134 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            REVENUE BILL)


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

                                      A BILL FOR

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



  1  1    Section 1.  Section 257.22, Code 2009, is amended to read
  1  2 as follows:
  1  3    257.22  STATUTES APPLICABLE.
  1  4    The director of revenue shall administer the instructional
  1  5 support income surtax imposed under this chapter, and sections
  1  6 422.4, 422.20, 422.22 to 422.31, 422.68, 422.70, and 422.72 to
  1  7 422.75 shall apply with respect to administration of the
  1  8 instructional support income surtax.
  1  9    Sec. 2.  Section 321.105A, subsection 4, paragraph a, Code
  1 10 2009, is amended to read as follows:
  1 11    a.  The director of revenue in consultation with the
  1 12 department of transportation shall administer and enforce the
  1 13 fee for new registration as nearly as possible in conjunction
  1 14 with the administration and enforcement of the state use tax
  1 15 law, except that portion of the law which implements the
  1 16 streamlined sales and use tax agreement.  The director shall
  1 17 provide appropriate forms, or provide on the annual
  1 18 registration forms provided by the department of
  1 19 transportation, for reporting the fee for new registration
  1 20 liability.
  1 21    Sec. 3.  Section 321.105A, subsection 5, paragraph a, Code
  1 22 2009, is amended to read as follows:
  1 23    a.  A licensed vehicle dealer maintaining a place of
  1 24 business in this state who sells a vehicle subject to
  1 25 registration for use in this state shall collect the fee for
  1 26 new registration at the time of making the sale.  A dealer
  1 27 required to collect the fee for new registration shall give to
  1 28 the purchaser a receipt for the fee in the manner and form
  1 29 prescribed by the director collected.  Fees collected by a
  1 30 dealer under this section shall be forwarded to the county
  1 31 treasurer in the same manner as annual registration fees.
  1 32    Sec. 4.  Section 422.9, subsection 4, Code 2009, is amended
  1 33 to read as follows:
  1 34    4.  Where married persons file separately, both must use
  1 35 the optional standard deduction if either elects to use it,
  2  1 and both must claim itemized deductions if either elects to
  2  2 claim itemized deductions.
  2  3    Sec. 5.  Section 422.12K, subsection 2, Code 2009, is
  2  4 amended to read as follows:
  2  5    2.  The director of revenue shall draft the income tax form
  2  6 to allow the designation of contributions to the child abuse
  2  7 prevention program fund on the tax return.  The department of
  2  8 revenue, on or before January 31, shall transfer the total
  2  9 amount designated on the tax return forms due in the preceding
  2 10 calendar year to the child abuse prevention program fund.
  2 11 However, before a checkoff pursuant to this section shall be
  2 12 permitted, all liabilities on the books of the department of
  2 13 revenue administrative services and accounts identified as
  2 14 owing under section 421.17 8A.504 and the political
  2 15 contribution allowed under section 68A.601 shall be satisfied.
  2 16    Sec. 6.  Section 422.32, subsection 3, Code 2009, is
  2 17 amended to read as follows:
  2 18    3.  "Commercial domicile" means the principal place from
  2 19 which the trade of or business of the taxpayer is directed or
  2 20 managed.
  2 21    Sec. 7.  Section 423.4, subsection 5, paragraphs b and f,
  2 22 Code 2009, are amended to read as follows:
  2 23    b.  The owner or operator of an automobile racetrack
  2 24 facility may apply to the department for a rebate of sales tax
  2 25 imposed and collected by retailers upon sales of any goods,
  2 26 wares, merchandise, tangible personal property or services
  2 27 furnished to purchasers at the automobile racetrack facility.
  2 28    f.  Only the state sales tax is subject to rebate.
  2 29 Notwithstanding the state sales tax imposed in section 423.2,
  2 30 a rebate issued pursuant to this section shall not exceed an
  2 31 amount equal to five percent of the sales price of the
  2 32 tangible personal property or services furnished to purchasers
  2 33 at the automobile racetrack facility.  Any local option taxes
  2 34 paid and collected shall not be subject to rebate under this
  2 35 subsection.
  3  1    Sec. 8.  Section 428.29, Code 2009, is amended to read as
  3  2 follows:
  3  3    428.29  ASSESSMENT AND CERTIFICATION.
  3  4    The director of revenue shall on the second Monday of July
  3  5 of or before October 31 each year proceed to determine, upon
  3  6 the basis of the data required in such report and any other
  3  7 information the director may obtain, the actual value of all
  3  8 property, subject to the director's jurisdiction, of said
  3  9 individual, partnership, corporation, or association, and
  3 10 shall make assessments upon the taxable value thereof of the
  3 11 property, as provided by section 441.21.  The director of
  3 12 revenue shall, on or before the third Monday in August October
  3 13 31, certify to the county auditor of every county in the state
  3 14 the valuations fixed for assessment upon all such property in
  3 15 each and every taxing district in each county by the
  3 16 department of revenue.  This valuation shall then be spread
  3 17 upon the books in the same manner as other valuations fixed by
  3 18 the department of revenue upon property assessed under the
  3 19 department's jurisdiction.
  3 20    Sec. 9.  Section 433.4, Code 2009, is amended to read as
  3 21 follows:
  3 22    433.4  ASSESSMENT.
  3 23    The director of revenue shall on the second Monday in July
  3 24 of or before October 31 each year, proceed to find the actual
  3 25 value of the property of these companies in this state, taking
  3 26 into consideration the information obtained from the
  3 27 statements required, and any further information the director
  3 28 can obtain, using the same as a means for determining the
  3 29 actual cash value of the property of these companies within
  3 30 this state.  The director shall also take into consideration
  3 31 the valuation of all property of these companies, including
  3 32 franchises and the use of the property in connection with
  3 33 lines outside the state, and making these deductions as may be
  3 34 necessary on account of extra value of property outside the
  3 35 state as compared with the value of property in the state, in
  4  1 order that the actual cash value of the property of the
  4  2 company within this state may be ascertained.  The assessment
  4  3 shall include all property of every kind and character
  4  4 whatsoever, real, personal, or mixed, used by the companies in
  4  5 the transaction of telegraph and telephone business; and the
  4  6 property so included in the assessment shall not be taxed in
  4  7 any other manner than as provided in this chapter.
  4  8    Sec. 10.  Section 433.7, Code 2009, is amended to read as
  4  9 follows:
  4 10    433.7  HEARING.
  4 11    At such meeting in July At the time of determination of
  4 12 value of the director of revenue, any company interested shall
  4 13 have the right to appear, by its officers or agents, before
  4 14 the director of revenue and be heard on the question of the
  4 15 valuation of its property for taxation.
  4 16    Sec. 11.  Section 434.2, unnumbered paragraph 1, Code 2009,
  4 17 is amended to read as follows:
  4 18    On the second Monday in July of or before October 31 each
  4 19 year, the director of revenue shall assess all the property of
  4 20 each railway corporation in the state, excepting the lands,
  4 21 lots, and other real estate belonging thereto not used in the
  4 22 operation of any railway, and excepting railway bridges across
  4 23 the Mississippi and Missouri rivers, and excepting grain
  4 24 elevators; and for the purpose of making such assessment its
  4 25 president, vice president, general manager, general
  4 26 superintendent, receiver, or such other officer as the
  4 27 director of revenue may designate, shall, on or before the
  4 28 first day of April in each year, furnish the department of
  4 29 revenue a verified statement showing in detail for the year
  4 30 ended December 31 next preceding:
  4 31    Sec. 12.  Section 434.17, Code 2009, is amended to read as
  4 32 follows:
  4 33    434.17  CERTIFICATION TO COUNTY AUDITORS.
  4 34    On or before the third Monday in August of October 31 each
  4 35 year, the director of revenue shall transmit to the county
  5  1 auditor of each county, through and into which any railway may
  5  2 extend, a statement showing the length of the main track
  5  3 within the county, and the assessed value per mile of the
  5  4 same, as fixed by a ratable distribution per mile of the
  5  5 assessed valuation of the whole property.
  5  6    Sec. 13.  Section 437.6, Code 2009, is amended to read as
  5  7 follows:
  5  8    437.6  ACTUAL VALUE.
  5  9    On the second Monday in July of or before October 31 each
  5 10 year, the director of revenue shall proceed to find the actual
  5 11 value of that part of such transmission line or lines referred
  5 12 to in section 437.2, owned or operated by any company, that is
  5 13 located within this state but outside cities, including the
  5 14 whole of such line or lines when all of such line or lines
  5 15 owned or operated by said company is located wholly outside of
  5 16 cities, taking into consideration the information obtained
  5 17 from the statements required by this chapter, and any further
  5 18 information obtainable, using the same as a means of
  5 19 determining the actual cash value of such transmission line or
  5 20 lines or part thereof, within this state, located outside of
  5 21 cities.  The director shall then ascertain the value per mile
  5 22 of such transmission line or lines owned or operated by each
  5 23 company specified in section 437.2, by dividing the total
  5 24 value as above ascertained by the number of miles of line of
  5 25 such company within the state located outside of cities, and
  5 26 the result shall be deemed and held to be the actual value per
  5 27 mile of said transmission line or lines of each of said
  5 28 companies within the state located outside of cities.
  5 29    Sec. 14.  Section 437A.19, subsection 2, paragraph f,
  5 30 unnumbered paragraph 3, Code 2009, is amended to read as
  5 31 follows:
  5 32    The director, on or before August October 31 of each
  5 33 assessment year, shall report to the department of management
  5 34 and to the auditor of each county the adjusted assessed value
  5 35 of taxpayer property as of January 1 of such assessment year
  6  1 for each local taxing district.  For purposes of this
  6  2 subsection, the assessed value of taxpayer property in each
  6  3 local taxing district subject to adjustment under this section
  6  4 by the director means the assessed value of such property as
  6  5 of the preceding January 1 as determined and allocated among
  6  6 the local taxing districts by the director.
  6  7    Sec. 15.  Section 438.14, Code 2009, is amended to read as
  6  8 follows:
  6  9    438.14  VALUATION AND CERTIFICATION THEREOF.
  6 10    The director of revenue shall on or before the third Monday
  6 11 in August of October 31 each year determine the value of
  6 12 pipeline property located in each taxing district of the
  6 13 state, and in fixing said the value shall take into
  6 14 consideration the structures, equipment, pumping stations,
  6 15 etc., located in said the taxing district, and shall transmit
  6 16 to the county auditor of each such county through and into
  6 17 which any pipeline may extend, a statement showing the
  6 18 assessed value of said the property in each of the taxing
  6 19 districts of said the county.  The said property shall then be
  6 20 taxed in said the county and lesser taxing districts, based
  6 21 upon the valuation so certified, in the same manner as in
  6 22 other property.
  6 23    Sec. 16.  CODE CHAPTER 423 TITLE RENAMED == CODE EDITOR
  6 24 DIRECTIVE.  The Code editor is directed to rename the title of
  6 25 chapter 423 as the "Streamlined Sales and Use Tax Act".
  6 26    Sec. 17.  RETROACTIVE APPLICABILITY.  The section of this
  6 27 Act amending section 422.9 applies retroactively to January 1,
  6 28 2009, for tax years beginning on or after that date.
  6 29                           EXPLANATION
  6 30    This bill relates to the department of revenue's
  6 31 administration of the income taxes, the sales and use taxes,
  6 32 the property tax, and certain fees for new vehicle
  6 33 registrations.
  6 34    The bill makes existing Code sections 422.4 and 422.70
  6 35 applicable to the administration of the instructional support
  7  1 income surtax.  Code section 422.4 defines certain tax=related
  7  2 terms, and Code section 422.70 relates to certain general
  7  3 powers of the director of the department of revenue and to
  7  4 hearings conducted by the department.
  7  5    Current law requires the director of revenue to develop
  7  6 forms to be used in the administration of the one=time motor
  7  7 vehicle registration fee imposed by 2008 Iowa Acts, chapter
  7  8 1113.  The bill eliminates this requirement and makes
  7  9 conforming changes.
  7 10    Current law provides that married persons filing separate
  7 11 returns must both use the standard deduction if either of them
  7 12 uses the standard deduction.  The bill provides that married
  7 13 persons filing separately must also both claim itemized
  7 14 deductions if either claims itemized deductions.  This
  7 15 provision of the bill is made retroactive to January 1, 2009,
  7 16 for tax years beginning on or after that date.
  7 17    Currently, Code section 422.12K contains a reference to the
  7 18 liabilities on the books of the department of revenue, but
  7 19 this reference should be to the department of administrative
  7 20 services.  The bill corrects this reference.
  7 21    The bill corrects a grammatical error in the definition of
  7 22 "commercial domicile" used for purposes of the business tax on
  7 23 corporations.
  7 24    Current law provides for a rebate of the sales tax
  7 25 collected by retailers at certain automobile racetrack
  7 26 facilities to the owner or operator of the automobile
  7 27 racetrack facility.  The amount of the rebate is determined by
  7 28 counting only the state sales tax rate.  In 2008, the state
  7 29 sales tax rate was increased from 5 percent to 6 percent.  The
  7 30 bill provides that, despite the 2008 increase in the sales tax
  7 31 rate, the rebate for sales taxes collected at racetrack
  7 32 facilities cannot exceed 5 percent of the sales price.
  7 33    The bill makes October 31 the required yearly completion
  7 34 date for each of the following property tax=related
  7 35 assessments made by the department of revenue:  the general
  8  1 property listing required by Code section 428.29, the
  8  2 telephone and telegraph companies tax assessment, the railway
  8  3 companies tax assessment and the related transmission to
  8  4 county auditors, the electric transmission lines tax, the
  8  5 adjusted assessed value determined for purposes of the tax on
  8  6 electricity and natural gas providers, and the pipeline
  8  7 companies tax assessment.
  8  8    The bill directs the Code editor to retitle the name of
  8  9 Code chapter 423 to the "Streamlined Sales and Use Tax Act".
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