Senate
File
501
-
Introduced
SENATE
FILE
501
BY
FEENSTRA
A
BILL
FOR
An
Act
relating
to
taxation
by
modifying
provisions
relating
1
to
the
percentage
of
actual
value
at
which
certain
2
classifications
of
property
are
assessed
for
property
tax
3
purposes,
establishing
tax
credits
for
certain
commercial
4
property
taxes
paid,
and
including
applicability
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
NEW
SECTION
.
422.11Y
Commercial
property
tax
1
credit.
2
1.
The
taxes
imposed
under
this
division,
less
the
credits
3
allowed
under
section
422.12,
shall
be
reduced
by
a
commercial
4
property
tax
credit.
An
owner
of
real
property
assessed
as
5
commercial
property,
or
new
commercial
property,
as
defined
in
6
section
441.21,
located
in
the
state
is
eligible
to
receive
7
a
tax
credit
equal
to
three
percent
of
the
total
amount
of
8
property
taxes
paid
by
the
owner
during
the
tax
year
on
all
9
such
commercial
property
or
new
commercial
property
owned
by
10
the
person
within
the
state.
11
2.
For
purposes
of
this
section,
an
individual
may
claim
12
a
commercial
property
tax
credit
incurred
by
a
partnership,
13
S
corporation,
limited
liability
company,
estate,
or
trust
14
electing
to
have
the
income
taxed
directly
to
the
individual.
15
The
amount
claimed
by
the
individual
shall
be
based
upon
the
16
pro
rata
share
of
the
individual’s
earnings
of
a
partnership,
S
17
corporation,
limited
liability
company,
estate,
or
trust.
18
3.
Any
credit
in
excess
of
the
tax
liability
imposed
by
19
section
422.5
less
the
amounts
of
nonrefundable
credits
allowed
20
under
this
division
for
the
taxable
year
shall
be
refunded
with
21
interest
computed
under
section
422.25.
In
lieu
of
claiming
22
a
refund,
a
taxpayer
may
elect
to
have
the
overpayment
shown
23
on
the
taxpayer’s
final,
completed
return
credited
to
the
tax
24
liability
for
the
following
taxable
year.
25
Sec.
2.
Section
422.33,
Code
2011,
is
amended
by
adding
the
26
following
new
subsection:
27
NEW
SUBSECTION
.
29.
The
taxes
imposed
under
this
division
28
shall
be
reduced
by
a
commercial
property
tax
credit.
A
29
corporation
that
owns
real
property
assessed
as
commercial
30
property,
or
new
commercial
property,
as
defined
in
section
31
441.21,
located
in
the
state
is
eligible
to
receive
a
tax
32
credit
equal
to
three
percent
of
the
total
amount
of
property
33
taxes
paid
during
the
tax
year
on
all
such
commercial
property
34
or
new
commercial
property
owned
by
the
corporation
within
35
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501
the
state.
Any
credit
in
excess
of
the
tax
liability
for
the
1
taxable
year
shall
be
refunded
with
interest
computed
under
2
section
422.25.
In
lieu
of
claiming
a
refund,
a
taxpayer
3
may
elect
to
have
the
overpayment
shown
on
the
taxpayer’s
4
final,
completed
return
credited
to
the
tax
liability
for
the
5
following
taxable
year.
6
Sec.
3.
Section
422.60,
Code
2011,
is
amended
by
adding
the
7
following
new
subsection:
8
NEW
SUBSECTION
.
13.
The
taxes
imposed
under
this
division
9
shall
be
reduced
by
a
commercial
property
tax
credit
in
the
10
same
manner,
for
the
same
amount,
and
under
the
same
conditions
11
as
provided
in
section
422.11Y.
12
Sec.
4.
NEW
SECTION
.
432.12M
Commercial
property
tax
13
credit.
14
The
taxes
imposed
under
this
chapter
shall
be
reduced
by
a
15
commercial
property
tax
credit
in
the
same
manner,
for
the
same
16
amount,
and
under
the
same
conditions
as
provided
in
section
17
422.11Y.
18
Sec.
5.
Section
441.21,
subsection
5,
Code
2011,
is
amended
19
to
read
as
follows:
20
5.
a.
For
valuations
established
as
of
January
1,
1979,
21
commercial
property
and
industrial
property,
excluding
22
properties
referred
to
in
section
427A.1,
subsection
8
,
shall
23
be
assessed
as
a
percentage
of
the
actual
value
of
each
class
24
of
property.
The
percentage
shall
be
determined
for
each
25
class
of
property
by
the
director
of
revenue
for
the
state
in
26
accordance
with
the
provisions
of
this
section
.
For
valuations
27
established
as
of
January
1,
1979,
the
percentage
shall
be
28
the
quotient
of
the
dividend
and
divisor
as
defined
in
this
29
section
.
The
dividend
for
each
class
of
property
shall
be
the
30
total
actual
valuation
for
each
class
of
property
established
31
for
1978,
plus
six
percent
of
the
amount
so
determined.
The
32
divisor
for
each
class
of
property
shall
be
the
valuation
33
for
each
class
of
property
established
for
1978,
as
reported
34
by
the
assessors
on
the
abstracts
of
assessment
for
1978,
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plus
the
amount
of
value
added
to
the
total
actual
value
by
1
the
revaluation
of
existing
properties
in
1979
as
equalized
2
by
the
director
of
revenue
pursuant
to
section
441.49
.
For
3
valuations
established
as
of
January
1,
1979,
property
valued
4
by
the
department
of
revenue
pursuant
to
chapters
428
,
433
,
5
437
,
and
438
shall
be
considered
as
one
class
of
property
and
6
shall
be
assessed
as
a
percentage
of
its
actual
value.
The
7
percentage
shall
be
determined
by
the
director
of
revenue
in
8
accordance
with
the
provisions
of
this
section
.
For
valuations
9
established
as
of
January
1,
1979,
the
percentage
shall
be
10
the
quotient
of
the
dividend
and
divisor
as
defined
in
this
11
section
.
The
dividend
shall
be
the
total
actual
valuation
12
established
for
1978
by
the
department
of
revenue,
plus
ten
13
percent
of
the
amount
so
determined.
The
divisor
for
property
14
valued
by
the
department
of
revenue
pursuant
to
chapters
428
,
15
433
,
437
,
and
438
shall
be
the
valuation
established
for
1978,
16
plus
the
amount
of
value
added
to
the
total
actual
value
by
17
the
revaluation
of
the
property
by
the
department
of
revenue
18
as
of
January
1,
1979.
For
valuations
established
as
of
19
January
1,
1980,
commercial
property
and
industrial
property,
20
excluding
properties
referred
to
in
section
427A.1,
subsection
21
8
,
shall
be
assessed
at
a
percentage
of
the
actual
value
of
22
each
class
of
property.
The
percentage
shall
be
determined
23
for
each
class
of
property
by
the
director
of
revenue
for
the
24
state
in
accordance
with
the
provisions
of
this
section
.
For
25
valuations
established
as
of
January
1,
1980,
the
percentage
26
shall
be
the
quotient
of
the
dividend
and
divisor
as
defined
in
27
this
section.
The
dividend
for
each
class
of
property
shall
28
be
the
dividend
as
determined
for
each
class
of
property
for
29
valuations
established
as
of
January
1,
1979,
adjusted
by
the
30
product
obtained
by
multiplying
the
percentage
determined
31
for
that
year
by
the
amount
of
any
additions
or
deletions
to
32
actual
value,
excluding
those
resulting
from
the
revaluation
33
of
existing
properties,
as
reported
by
the
assessors
on
the
34
abstracts
of
assessment
for
1979,
plus
four
percent
of
the
35
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amount
so
determined.
The
divisor
for
each
class
of
property
1
shall
be
the
total
actual
value
of
all
such
property
in
1979,
2
as
equalized
by
the
director
of
revenue
pursuant
to
section
3
441.49
,
plus
the
amount
of
value
added
to
the
total
actual
4
value
by
the
revaluation
of
existing
properties
in
1980.
The
5
director
shall
utilize
information
reported
on
the
abstracts
of
6
assessment
submitted
pursuant
to
section
441.45
in
determining
7
such
percentage.
For
valuations
established
as
of
January
1,
8
1980,
property
valued
by
the
department
of
revenue
pursuant
9
to
chapters
428
,
433
,
437
,
and
438
shall
be
assessed
at
a
10
percentage
of
its
actual
value.
The
percentage
shall
be
11
determined
by
the
director
of
revenue
in
accordance
with
the
12
provisions
of
this
section
.
For
valuations
established
as
of
13
January
1,
1980,
the
percentage
shall
be
the
quotient
of
the
14
dividend
and
divisor
as
defined
in
this
section
.
The
dividend
15
shall
be
the
total
actual
valuation
established
for
1979
by
16
the
department
of
revenue,
plus
eight
percent
of
the
amount
so
17
determined.
The
divisor
for
property
valued
by
the
department
18
of
revenue
pursuant
to
chapters
428
,
433
,
437
,
and
438
shall
be
19
the
valuation
established
for
1979,
plus
the
amount
of
value
20
added
to
the
total
actual
value
by
the
revaluation
of
the
21
property
by
the
department
of
revenue
as
of
January
1,
1980.
22
For
valuations
established
as
of
January
1,
1981,
and
each
year
23
thereafter,
the
percentage
of
actual
value
as
equalized
by
the
24
director
of
revenue
as
provided
in
section
441.49
at
which
25
commercial
property
that
is
not
new
commercial
property,
as
26
defined
in
paragraph
“b”
,
and
industrial
property,
excluding
27
properties
referred
to
in
section
427A.1,
subsection
8
,
shall
28
be
assessed
shall
be
calculated
in
accordance
with
the
methods
29
provided
herein,
except
that
any
references
to
six
percent
30
in
this
subsection
shall
be
four
percent.
For
valuations
31
established
as
of
January
1,
1981,
and
each
year
thereafter,
32
the
percentage
of
actual
value
at
which
property
valued
by
33
the
department
of
revenue
pursuant
to
chapters
428
,
433
,
437
,
34
and
438
shall
be
assessed
shall
be
calculated
in
accordance
35
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501
with
the
methods
provided
herein,
except
that
any
references
1
to
ten
percent
in
this
subsection
shall
be
eight
percent.
2
Beginning
with
valuations
established
as
of
January
1,
1979,
3
and
each
year
thereafter,
property
valued
by
the
department
of
4
revenue
pursuant
to
chapter
434
shall
also
be
assessed
at
a
5
percentage
of
its
actual
value
which
percentage
shall
be
equal
6
to
the
percentage
determined
by
the
director
of
revenue
for
7
commercial
property,
industrial
property,
or
property
valued
by
8
the
department
of
revenue
pursuant
to
chapters
428
,
433
,
437
,
9
and
438
,
whichever
is
lowest.
10
b.
(1)
For
valuations
established
on
or
after
January
1,
11
2012,
but
before
January
1,
2016,
new
commercial
property,
12
excluding
properties
referred
to
in
section
427A.1,
subsection
13
8
,
shall
be
assessed
as
a
percentage
of
the
actual
value
as
14
determined
in
this
paragraph
“b”
.
15
(2)
For
valuations
established
for
assessment
years
16
beginning
on
or
after
January
1,
2012,
but
before
January
17
1,
2016,
the
percentage
of
actual
value
as
equalized
by
the
18
director
of
revenue
as
provided
in
section
441.49
at
which
new
19
commercial
property
shall
be
assessed
shall
be
sixty
percent.
20
(3)
For
purposes
of
this
section,
“new
commercial
property”
21
means
a
parcel
of
real
estate
containing
no
buildings
or
22
structures
on
July
1,
2011,
upon
which
the
construction
of
23
buildings
or
structures
is
commenced
after
July
1,
2011,
and
24
that,
but
for
this
paragraph,
would
be
assessed
under
paragraph
25
“a”
.
“New
commercial
property”
shall
be
considered
a
separate
26
classification
of
property.
27
Sec.
6.
Section
441.21,
subsection
8,
paragraph
b,
Code
28
2011,
is
amended
to
read
as
follows:
29
b.
Notwithstanding
paragraph
“a”
,
any
construction
or
30
installation
of
a
solar
energy
system
on
property
classified
31
as
agricultural,
residential,
commercial,
new
commercial,
or
32
industrial
property
shall
not
increase
the
actual,
assessed
and
33
taxable
values
of
the
property
for
five
full
assessment
years.
34
Sec.
7.
Section
441.21,
subsections
9
and
10,
Code
2011,
are
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501
amended
to
read
as
follows:
1
9.
Not
later
than
November
1,
1979,
and
November
1
of
2
each
subsequent
year,
the
director
shall
certify
to
the
3
county
auditor
of
each
county
the
percentages
of
actual
4
value
at
which
residential
property,
agricultural
property,
5
commercial
property,
new
commercial
property,
industrial
6
property,
and
property
valued
by
the
department
of
revenue
7
pursuant
to
chapters
428
,
433
,
434
,
437
,
and
438
in
each
8
assessing
jurisdiction
in
the
county
shall
be
assessed
for
9
taxation.
The
county
auditor
shall
proceed
to
determine
the
10
assessed
values
of
agricultural
property,
residential
property,
11
commercial
property,
new
commercial
property,
industrial
12
property,
and
property
valued
by
the
department
of
revenue
13
pursuant
to
chapters
428
,
433
,
434
,
437
,
and
438
by
applying
14
such
percentages
to
the
current
actual
value
of
such
property,
15
as
reported
to
the
county
auditor
by
the
assessor,
and
the
16
assessed
values
so
determined
shall
be
the
taxable
values
of
17
such
properties
upon
which
the
levy
shall
be
made.
18
10.
The
percentage
of
actual
value
computed
by
the
19
director
for
agricultural
property,
residential
property,
20
commercial
property,
new
commercial
property,
industrial
21
property
,
and
property
valued
by
the
department
of
revenue
22
pursuant
to
chapters
428
,
433
,
434
,
437
,
and
438
and
used
to
23
determine
assessed
values
of
those
classes
of
property
does
not
24
constitute
a
rule
as
defined
in
section
17A.2,
subsection
11
.
25
Sec.
8.
Section
533.329,
subsection
2,
Code
2011,
is
amended
26
by
adding
the
following
new
paragraph:
27
NEW
PARAGRAPH
.
l.
The
moneys
and
credits
tax
imposed
under
28
this
section
shall
be
reduced
by
a
commercial
property
tax
29
credit
in
the
same
manner,
for
the
same
amount,
and
under
the
30
same
conditions
as
provided
in
section
422.11Y.
31
Sec.
9.
APPLICABILITY.
32
1.
The
sections
of
this
Act
amending
section
441.21
apply
33
to
property
tax
assessment
years
beginning
on
or
after
January
34
1,
2012.
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2.
The
sections
of
this
Act
enacting
section
422.11Y,
1
section
422.33,
subsection
29,
section
422.60,
subsection
13,
2
section
432.12M,
and
section
533.329,
subsection
2,
paragraph
3
“l”,
apply
to
tax
years
beginning
on
or
after
January
1,
2012.
4
EXPLANATION
5
This
bill
establishes
a
new
commercial
property
6
classification.
“New
commercial
property”
is
defined
in
7
the
bill
as
a
parcel
of
real
estate
containing
no
buildings
8
or
structures
on
July
1,
2011,
upon
which
the
construction
9
of
buildings
or
structures
is
commenced
after
July
1,
2011,
10
and
that,
but
for
the
classification,
would
be
assessed
as
11
commercial
property.
For
assessment
years
beginning
on
or
12
after
January
1,
2012,
the
percentage
of
actual
value
at
which
13
new
commercial
property
is
assessed
is
60
percent.
14
The
bill
also
makes
corresponding
changes
to
other
15
provisions
of
Code
section
441.21.
16
The
bill
establishes
an
individual
income
tax
credit
for
17
persons
who
own
and
pay
property
taxes
on
commercial
property
18
or
new
commercial
property,
as
defined
in
the
bill,
located
19
in
the
state.
Each
person
is
eligible
to
receive
an
income
20
tax
credit
equal
to
3
percent
of
the
total
amount
of
property
21
taxes
paid
by
the
person
during
the
tax
year
on
all
commercial
22
property
owned
by
the
person
within
the
state.
The
tax
credit
23
is
refundable.
24
The
bill
establishes
a
corporate
income
tax
credit
for
25
corporations
that
own
and
pay
property
taxes
on
commercial
26
property
or
new
commercial
property,
as
defined
in
the
bill,
27
located
in
the
state.
Each
corporation
that
owns
and
pays
28
property
taxes
on
commercial
property
or
new
commercial
29
property
located
in
the
state
is
eligible
to
receive
a
tax
30
credit
equal
to
3
percent
of
the
total
amount
of
property
taxes
31
paid
during
the
tax
year
on
all
commercial
property
or
new
32
commercial
property
owned
by
the
corporation
within
the
state.
33
Any
credit
in
excess
of
the
tax
liability
is
refundable.
34
The
bill
also
provides
a
commercial
property
tax
credit
35
-7-
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8
S.F.
501
against
the
franchise
tax,
the
insurance
premiums
tax,
and
the
1
moneys
and
credits
tax
imposed
under
Code
chapters
422,
432,
2
and
533,
respectively.
Such
credits
are
for
the
same
amount
3
and
are
administered
in
the
same
manner
as
the
individual
4
income
tax
credit
created
in
the
bill.
5
The
bill
applies
to
property
tax
assessment
years
beginning
6
on
or
after
January
1,
2012.
The
sections
of
the
bill
enacting
7
new
Code
sections
422.11Y
and
432.12M,
Code
section
422.33,
new
8
subsection
29,
Code
section
422.60,
new
subsection
13,
and
Code
9
section
533.329,
subsection
2,
new
paragraph
“l”,
apply
to
tax
10
years
beginning
on
or
after
January
1,
2012.
11
-8-
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84
md/sc
8/
8