Senate
File
504
-
Introduced
SENATE
FILE
504
BY
FEENSTRA
A
BILL
FOR
An
Act
relating
to
state
and
local
taxes,
by
establishing
1
tax
credits
for
commercial
property
taxes
paid,
amending
2
provisions
relating
to
property
assessment
limitations,
and
3
including
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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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
located
in
the
state
is
eligible
to
receive
6
a
tax
credit
equal
to
three
percent
of
the
total
amount
of
7
property
taxes
paid
by
the
owner
during
the
tax
year
on
all
8
such
commercial
property
owned
by
the
person
within
the
state.
9
2.
For
purposes
of
this
section,
an
individual
may
claim
10
a
commercial
property
tax
credit
incurred
by
a
partnership,
11
S
corporation,
limited
liability
company,
estate,
or
trust
12
electing
to
have
the
income
taxed
directly
to
the
individual.
13
The
amount
claimed
by
the
individual
shall
be
based
upon
the
14
pro
rata
share
of
the
individual’s
earnings
of
a
partnership,
S
15
corporation,
limited
liability
company,
estate,
or
trust.
16
3.
Any
credit
in
excess
of
the
tax
liability
imposed
by
17
section
422.5
less
the
amounts
of
nonrefundable
credits
allowed
18
under
this
division
for
the
taxable
year
shall
be
refunded
with
19
interest
computed
under
section
422.25.
In
lieu
of
claiming
20
a
refund,
a
taxpayer
may
elect
to
have
the
overpayment
shown
21
on
the
taxpayer’s
final,
completed
return
credited
to
the
tax
22
liability
for
the
following
taxable
year.
23
Sec.
2.
Section
422.33,
Code
2011,
is
amended
by
adding
the
24
following
new
subsection:
25
NEW
SUBSECTION
.
29.
The
taxes
imposed
under
this
division
26
shall
be
reduced
by
a
commercial
property
tax
credit.
A
27
corporation
that
owns
real
property
assessed
as
commercial
28
property
located
in
the
state
is
eligible
to
receive
a
tax
29
credit
equal
to
three
percent
of
the
total
amount
of
property
30
taxes
paid
during
the
tax
year
on
all
such
commercial
property
31
owned
by
the
corporation
within
the
state.
Any
credit
in
32
excess
of
the
tax
liability
for
the
taxable
year
shall
be
33
refunded
with
interest
computed
under
section
422.25.
In
34
lieu
of
claiming
a
refund,
a
taxpayer
may
elect
to
have
the
35
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504
overpayment
shown
on
the
taxpayer’s
final,
completed
return
1
credited
to
the
tax
liability
for
the
following
taxable
year.
2
Sec.
3.
Section
422.60,
Code
2011,
is
amended
by
adding
the
3
following
new
subsection:
4
NEW
SUBSECTION
.
13.
The
taxes
imposed
under
this
division
5
shall
be
reduced
by
a
commercial
property
tax
credit
in
the
6
same
manner,
for
the
same
amount,
and
under
the
same
conditions
7
as
provided
in
section
422.11Y.
8
Sec.
4.
NEW
SECTION
.
432.12M
Commercial
property
tax
9
credit.
10
The
taxes
imposed
under
this
chapter
shall
be
reduced
by
a
11
commercial
property
tax
credit
in
the
same
manner,
for
the
same
12
amount,
and
under
the
same
conditions
as
provided
in
section
13
422.11Y.
14
Sec.
5.
Section
441.21,
subsection
5,
Code
2011,
is
amended
15
to
read
as
follows:
16
5.
For
valuations
established
as
of
January
1,
1979,
17
commercial
property
and
industrial
property,
excluding
18
properties
referred
to
in
section
427A.1,
subsection
8
,
shall
19
be
assessed
as
a
percentage
of
the
actual
value
of
each
class
20
of
property.
The
percentage
shall
be
determined
for
each
21
class
of
property
by
the
director
of
revenue
for
the
state
in
22
accordance
with
the
provisions
of
this
section
.
For
valuations
23
established
as
of
January
1,
1979,
the
percentage
shall
be
24
the
quotient
of
the
dividend
and
divisor
as
defined
in
this
25
section
.
The
dividend
for
each
class
of
property
shall
be
the
26
total
actual
valuation
for
each
class
of
property
established
27
for
1978,
plus
six
percent
of
the
amount
so
determined.
The
28
divisor
for
each
class
of
property
shall
be
the
valuation
29
for
each
class
of
property
established
for
1978,
as
reported
30
by
the
assessors
on
the
abstracts
of
assessment
for
1978,
31
plus
the
amount
of
value
added
to
the
total
actual
value
by
32
the
revaluation
of
existing
properties
in
1979
as
equalized
33
by
the
director
of
revenue
pursuant
to
section
441.49
.
For
34
valuations
established
as
of
January
1,
1979,
property
valued
35
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by
the
department
of
revenue
pursuant
to
chapters
428
,
433
,
1
437
,
and
438
shall
be
considered
as
one
class
of
property
and
2
shall
be
assessed
as
a
percentage
of
its
actual
value.
The
3
percentage
shall
be
determined
by
the
director
of
revenue
in
4
accordance
with
the
provisions
of
this
section
.
For
valuations
5
established
as
of
January
1,
1979,
the
percentage
shall
be
6
the
quotient
of
the
dividend
and
divisor
as
defined
in
this
7
section
.
The
dividend
shall
be
the
total
actual
valuation
8
established
for
1978
by
the
department
of
revenue,
plus
ten
9
percent
of
the
amount
so
determined.
The
divisor
for
property
10
valued
by
the
department
of
revenue
pursuant
to
chapters
428
,
11
433
,
437
,
and
438
shall
be
the
valuation
established
for
1978,
12
plus
the
amount
of
value
added
to
the
total
actual
value
by
13
the
revaluation
of
the
property
by
the
department
of
revenue
14
as
of
January
1,
1979.
For
valuations
established
as
of
15
January
1,
1980,
commercial
property
and
industrial
property,
16
excluding
properties
referred
to
in
section
427A.1,
subsection
17
8
,
shall
be
assessed
at
a
percentage
of
the
actual
value
of
18
each
class
of
property.
The
percentage
shall
be
determined
19
for
each
class
of
property
by
the
director
of
revenue
for
the
20
state
in
accordance
with
the
provisions
of
this
section
.
For
21
valuations
established
as
of
January
1,
1980,
the
percentage
22
shall
be
the
quotient
of
the
dividend
and
divisor
as
defined
in
23
this
section
.
The
dividend
for
each
class
of
property
shall
24
be
the
dividend
as
determined
for
each
class
of
property
for
25
valuations
established
as
of
January
1,
1979,
adjusted
by
the
26
product
obtained
by
multiplying
the
percentage
determined
27
for
that
year
by
the
amount
of
any
additions
or
deletions
to
28
actual
value,
excluding
those
resulting
from
the
revaluation
29
of
existing
properties,
as
reported
by
the
assessors
on
the
30
abstracts
of
assessment
for
1979,
plus
four
percent
of
the
31
amount
so
determined.
The
divisor
for
each
class
of
property
32
shall
be
the
total
actual
value
of
all
such
property
in
1979,
33
as
equalized
by
the
director
of
revenue
pursuant
to
section
34
441.49
,
plus
the
amount
of
value
added
to
the
total
actual
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value
by
the
revaluation
of
existing
properties
in
1980.
The
1
director
shall
utilize
information
reported
on
the
abstracts
of
2
assessment
submitted
pursuant
to
section
441.45
in
determining
3
such
percentage.
For
valuations
established
as
of
January
1,
4
1980,
property
valued
by
the
department
of
revenue
pursuant
5
to
chapters
428
,
433
,
437
,
and
438
shall
be
assessed
at
a
6
percentage
of
its
actual
value.
The
percentage
shall
be
7
determined
by
the
director
of
revenue
in
accordance
with
the
8
provisions
of
this
section
.
For
valuations
established
as
of
9
January
1,
1980,
the
percentage
shall
be
the
quotient
of
the
10
dividend
and
divisor
as
defined
in
this
section
.
The
dividend
11
shall
be
the
total
actual
valuation
established
for
1979
by
12
the
department
of
revenue,
plus
eight
percent
of
the
amount
so
13
determined.
The
divisor
for
property
valued
by
the
department
14
of
revenue
pursuant
to
chapters
428
,
433
,
437
,
and
438
shall
15
be
the
valuation
established
for
1979,
plus
the
amount
of
16
value
added
to
the
total
actual
value
by
the
revaluation
of
17
the
property
by
the
department
of
revenue
as
of
January
1,
18
1980.
For
valuations
established
as
of
January
1,
1981,
19
and
each
year
thereafter,
the
percentage
of
actual
value
as
20
equalized
by
the
director
of
revenue
as
provided
in
section
21
441.49
at
which
commercial
property
and
industrial
property,
22
excluding
properties
referred
to
in
section
427A.1,
subsection
23
8
,
shall
be
assessed
shall
be
calculated
in
accordance
with
24
the
methods
provided
herein
in
this
subsection
,
except
that
25
any
references
to
six
percent
in
this
subsection
shall
be
four
26
percent.
For
valuations
established
for
the
assessment
year
27
beginning
January
1,
2012,
and
each
assessment
year
thereafter,
28
the
percentage
of
actual
value
as
equalized
by
the
director
29
of
revenue
as
provided
in
section
441.49
at
which
commercial
30
property,
excluding
properties
referred
to
in
section
427A.1,
31
subsection
8
,
shall
be
assessed
shall
be
calculated
in
32
accordance
with
the
methods
provided
in
this
subsection,
except
33
that
in
no
assessment
year
shall
the
percentage
of
actual
value
34
exceed
ninety-seven
percent.
For
valuations
established
as
35
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504
of
January
1,
1981,
and
each
year
thereafter,
the
percentage
1
of
actual
value
at
which
property
valued
by
the
department
of
2
revenue
pursuant
to
chapters
428
,
433
,
437
,
and
438
shall
be
3
assessed
shall
be
calculated
in
accordance
with
the
methods
4
provided
herein,
except
that
any
references
to
ten
percent
5
in
this
subsection
shall
be
eight
percent.
Beginning
with
6
valuations
established
as
of
January
1,
1979,
and
each
year
7
thereafter,
property
valued
by
the
department
of
revenue
8
pursuant
to
chapter
434
shall
also
be
assessed
at
a
percentage
9
of
its
actual
value
which
percentage
shall
be
equal
to
the
10
percentage
determined
by
the
director
of
revenue
for
commercial
11
property,
industrial
property,
or
property
valued
by
the
12
department
of
revenue
pursuant
to
chapters
428
,
433
,
437
,
and
13
438
,
whichever
is
lowest.
14
Sec.
6.
Section
533.329,
subsection
2,
Code
2011,
is
amended
15
by
adding
the
following
new
paragraph:
16
NEW
PARAGRAPH
.
l.
The
moneys
and
credits
tax
imposed
under
17
this
section
shall
be
reduced
by
a
commercial
property
tax
18
credit
in
the
same
manner,
for
the
same
amount,
and
under
the
19
same
conditions
as
provided
in
section
422.11Y.
20
Sec.
7.
APPLICABILITY.
The
sections
of
this
Act
enacting
21
section
422.11Y,
section
422.33,
subsection
29,
section
422.60,
22
subsection
13,
section
432.12M,
and
section
533.329,
subsection
23
2,
paragraph
“l”,
apply
to
tax
years
beginning
on
or
after
24
January
1,
2012.
25
EXPLANATION
26
This
bill
establishes
an
individual
income
tax
credit
for
27
persons
who
own
and
pay
property
taxes
on
commercial
property
28
located
in
the
state.
Each
person
is
eligible
to
receive
an
29
income
tax
credit
equal
to
3
percent
of
the
total
amount
of
30
property
taxes
paid
by
the
person
during
the
tax
year
on
all
31
commercial
property
owned
by
the
person
within
the
state.
The
32
tax
credit
is
refundable.
33
The
bill
establishes
a
corporate
income
tax
credit
for
34
corporations
that
own
and
pay
property
taxes
on
commercial
35
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property
located
in
the
state.
Each
corporation
that
owns
1
and
pays
property
taxes
on
commercial
property
located
in
2
the
state
is
eligible
to
receive
a
tax
credit
equal
to
three
3
percent
of
the
total
amount
of
property
taxes
paid
during
the
4
tax
year
on
all
commercial
property
owned
by
the
corporation
5
within
the
state.
Any
credit
in
excess
of
the
tax
liability
is
6
refundable.
7
The
bill
also
provides
a
commercial
property
credit
against
8
the
franchise
tax
under
Code
section
422.60,
a
credit
against
9
the
insurance
premiums
tax
under
Code
chapter
432,
and
a
credit
10
against
the
money
and
credits
tax
under
Code
section
533.329.
11
Such
credits
are
for
the
same
amount
and
are
administered
in
12
the
same
manner
as
the
individual
income
tax
credit
created
in
13
the
bill.
14
The
bill
provides
that
for
valuations
established
for
15
the
assessment
years
beginning
on
or
after
January
1,
2012,
16
the
percentage
of
actual
value
at
which
commercial
property,
17
excluding
properties
referred
to
in
Code
section
427A.1(8),
18
shall
be
assessed
shall
be
calculated
in
accordance
with
19
the
methods
for
previous
assessments
years,
except
that
the
20
percentage
of
actual
value
at
which
commercial
property
is
21
assessed
shall
not
exceed
97
percent.
22
The
sections
of
the
bill
enacting
new
Code
sections
422.11Y
23
and
432.12M,
Code
section
422.33,
new
subsection
29,
Code
24
section
422.60,
new
subsection
13,
and
Code
section
533.329,
25
subsection
2,
new
paragraph
“l”,
apply
to
tax
years
beginning
26
on
or
after
January
1,
2012.
27
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