House Study Bill 724 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF REVENUE BILL) A BILL FOR An Act relating to state and local finances and the duties and 1 procedures of the department of revenue by providing for 2 electronic filing, communications, and records, modifying 3 transfer tax remittances, the assessment of property, 4 the collection of debt, and the taxation of pass-through 5 entities, reducing inheritance taxes for unknown heirs, 6 establishing salaries, providing for a fee, making 7 appropriations, and providing penalties, and including 8 effective date, applicability, and retroactive applicability 9 provisions. 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 11 TLSB 5321XD (9) 89 jm/jh
S.F. _____ H.F. _____ DIVISION I 1 RECORD RETENTION 2 Section 1. Section 422.68, subsections 3 and 4, Code 2022, 3 are amended to read as follows: 4 3. a. The director may shall destroy useless records and 5 returns, reports, and communications records of any taxpayer 6 filed with or kept by the department after those returns, 7 records, reports, or communications have been in the custody 8 of the department for a period of not less than three years or 9 such time as the director prescribes by rule. However, after 10 the accounts of a person have been examined by the director and 11 the amount of tax and penalty due have been finally determined, 12 the director may order the destruction of any records 13 previously filed by that taxpayer, notwithstanding the fact 14 that those records have been in the custody of the department 15 for a period less than three years. These records and 16 documents shall be destroyed in the manner prescribed by the 17 director by the end of the calendar year following the year in 18 which the record is determined by the department to be useless . 19 b. (1) A taxpayer or the department may request that a 20 specific record be retained beyond the useful life of the 21 record. 22 (2) The director shall have the discretion to approve or 23 deny a request made pursuant to subparagraph (1). 24 c. Notwithstanding paragraph “a” , the department may retain 25 any of the following: 26 (1) A record that no longer contains personally 27 identifiable information of a specific taxpayer. 28 (2) A record described in section 17A.3, subsection 1, 29 paragraph “d” or “e” . 30 d. The department shall adopt rules pursuant to chapter 17A 31 to administer this subsection. 32 4. The department may make photostat, microfilm, 33 electronic, or other electronic or photographic copies of 34 records , reports, and other papers either filed by the taxpayer 35 -1- LSB 5321XD (9) 89 jm/jh 1/ 45
S.F. _____ H.F. _____ or prepared by the department , or make such copies by other 1 methods . In addition, the department may create and or use 2 any system of recordkeeping reasonably calculated to preserve 3 its records for any time period required by law. When these 4 photostat, electronic, microfilm, or other copies have been a 5 copy is made, the department may destroy the original records 6 record which are the served as the basis for the copies copy 7 in any manner prescribed by the director. These photostat, 8 electronic, microfilm, or other types of copies, when no longer 9 of use, may be destroyed A copy shall be subject to destruction 10 as provided in subsection 3 . These photostat, microfilm, 11 electronic, or other records A copy shall be admissible in 12 evidence when duly certified and authenticated by the officer 13 having custody and control of them the record . 14 Sec. 2. EFFECTIVE DATE. This division of this Act takes 15 effect January 1, 2025. 16 DIVISION II 17 ELECTRONIC FILING —— FIDUCIARIES —— BUSINESS ENTITIES 18 Sec. 3. Section 422.14, subsection 1, Code 2022, is amended 19 to read as follows: 20 1. a. A fiduciary subject to taxation under this 21 subchapter , as provided in section 422.6 , shall make a return, 22 signed in accordance with forms and rules prescribed by the 23 director, for the individual, estate, or trust for whom or for 24 which the fiduciary acts, if the taxable income thereof amounts 25 to six hundred dollars or more. A nonresident fiduciary shall 26 file a copy of the federal income tax return for the current 27 tax year with the return required by this section . 28 b. (1) A fiduciary required to file a return under 29 paragraph “a” , shall file the return in an electronic format as 30 specified by the department in a tax year in which any of the 31 following circumstances apply: 32 (a) The individual, estate, or trust for whom or which the 33 fiduciary acts has two hundred fifty thousand dollars or more 34 in gross receipts, as defined by rule by the department. 35 -2- LSB 5321XD (9) 89 jm/jh 2/ 45
S.F. _____ H.F. _____ (b) The fiduciary is required to provide ten or more 1 schedules K-1 to the beneficiaries. 2 (c) The fiduciary reports twenty-five thousand dollars or 3 more of Iowa tax credits on the return. 4 (2) This paragraph “b” applies to any form or schedule 5 supporting a return required to be electronically filed or 6 any amended return if the amended return meets any of the 7 circumstances requiring electronic filing in this paragraph. 8 c. (1) Notwithstanding paragraph “b” , the department may 9 provide an exception to the electronic filing requirement. 10 (2) A return subject to the electronic filing requirement in 11 paragraph “b” that is filed in a manner other than an electronic 12 format specified by the department shall not be considered 13 a valid return unless the department provides an exception 14 pursuant to this paragraph. 15 d. The department shall adopt rules to implement this 16 subsection. 17 Sec. 4. Section 422.15, subsection 2, Code 2022, is amended 18 to read as follows: 19 2. a. Every partnership, including limited partnerships, 20 doing business in this state, or deriving income from sources 21 within this state as defined in section 422.32, subsection 1 , 22 paragraph “g” , shall make a return, stating specifically the 23 net income and capital gains or losses reported on the federal 24 partnership return, the names and addresses of the partners, 25 and their respective shares in said amounts. 26 b. (1) A partnership required to file a return under 27 paragraph “a” , shall file the return in an electronic format 28 specified by the department in a tax year in which any of the 29 following circumstances apply: 30 (a) The partnership has two hundred fifty thousand dollars 31 or more in total gross receipts, as defined by rule by the 32 department. 33 (b) The partnership is required to provide ten or more Iowa 34 schedules K-1 to the partners. 35 -3- LSB 5321XD (9) 89 jm/jh 3/ 45
S.F. _____ H.F. _____ (c) The partnership reports twenty-five thousand dollars or 1 more of Iowa tax credits on the return. 2 (2) This paragraph “b” applies to any form or schedule 3 supporting a return required to be electronically filed or 4 any amended return if the amended return meets any of the 5 circumstances requiring electronic filing in this paragraph. 6 c. (1) Notwithstanding paragraph “b” , the department may 7 provide an exception to the electronic filing requirement. 8 (2) A return subject to the electronic filing requirement in 9 paragraph “b” that is filed in a manner other than an electronic 10 format specified by the department shall not be considered 11 a valid return unless the department provides an exception 12 pursuant to this paragraph. 13 d. The department shall adopt rules to implement this 14 subsection. 15 Sec. 5. Section 422.16B, subsection 8, Code 2022, is amended 16 to read as follows: 17 8. a. For the efficient administration of this chapter , the 18 director may require or provide for the composite return on the 19 same form as or combined with a pass-through entity’s annual 20 return required under section 422.14 , 422.15 , or 422.36 , but in 21 such case the composite return shall be considered a separate 22 return for purposes of this chapter and section 421.27 . 23 b. (1) If a pass-through entity is required to file its 24 annual return under section 422.14, 422.15, or 422.36 in an 25 electronic format, the pass-through entity shall file its 26 composite return for the same taxable year in an electronic 27 format specified by the department. 28 (2) This paragraph applies to any form or schedule 29 supporting a return required to be electronically filed or 30 any amended return if the amended return meets any of the 31 circumstances requiring electronic filing in this paragraph. 32 c. A return subject to the electronic filing requirement in 33 paragraph “b” that is filed in a manner other than an electronic 34 format specified by the department shall not be considered a 35 -4- LSB 5321XD (9) 89 jm/jh 4/ 45
S.F. _____ H.F. _____ valid return. 1 d. The department shall adopt rules to implement this 2 subsection. 3 Sec. 6. Section 422.36, Code 2022, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 8. a. A corporation shall file a return 6 required under this section in an electronic format specified 7 by the department for any tax year if any of the following 8 circumstances apply: 9 (1) The corporation has gross receipts of two hundred fifty 10 thousand dollars or more, as defined by rule by the department. 11 (2) The corporation reports twenty-five thousand dollars or 12 more of Iowa tax credits on the return. 13 b. A corporation described in subsection 5 shall file all 14 returns required under this section in an electronic format 15 specified by the department for any tax year if any of the 16 following circumstances apply: 17 (1) The corporation has gross receipts of two hundred fifty 18 thousand dollars or more, as defined by rule by the department. 19 (2) The corporation is required to provide ten or more Iowa 20 schedules K-1 to shareholders. 21 (3) The corporation reports twenty-five thousand dollars or 22 more of Iowa tax credits on the return. 23 c. This subsection applies to any form or schedule 24 supporting a return required to be electronically filed or 25 any amended return if the amended return meets any of the 26 circumstances requiring electronic filing in this subsection. 27 d. (1) Notwithstanding paragraphs “a” and “b” , the 28 department may provide an exception to the requirement to file 29 a return in an electronic format. 30 (2) A return subject to the electronic filing requirement 31 in this subsection that is filed in a manner other than in an 32 electronic format specified by the department shall not be 33 considered a valid return unless the department provides an 34 exception pursuant to this paragraph. 35 -5- LSB 5321XD (9) 89 jm/jh 5/ 45
S.F. _____ H.F. _____ e. The department shall adopt rules to implement this 1 subsection. 2 Sec. 7. Section 422.37, Code 2022, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 8. a. (1) The affiliated group shall 5 file a return under this section for each taxable year in an 6 electronic format specified by the department, regardless of 7 the total gross receipts of or amount of credits reported by 8 the affiliated group. 9 (2) For purposes of the electronic filing requirement, a 10 return of an affiliated group includes any form or schedule 11 supporting the return or any amended return of the affiliated 12 group. 13 (3) The financial institution is a corporation subject 14 to the electronic filing requirement under section 422.36, 15 subsection 8, paragraph “b” . 16 b. (1) Notwithstanding paragraph “a” , the department may 17 provide an exception to file a return in an electronic format. 18 (2) A return subject to the electronic filing requirement 19 in paragraph “a” that is filed in a manner other than in an 20 electronic format specified by the department shall not be 21 considered a valid return unless the department provides an 22 exception pursuant to this paragraph. 23 c. The department shall adopt rules to implement this 24 subsection. 25 Sec. 8. Section 422.62, Code 2022, is amended to read as 26 follows: 27 422.62 Due and delinquent dates. 28 1. The franchise tax is due and payable on the first 29 day following the end of the taxable year of each financial 30 institution, and is delinquent after the last day of the fourth 31 month following the due date or forty-five days after the due 32 date of the federal tax return, excluding extensions of time 33 to file, whichever is the later. Every financial institution 34 shall file a return as prescribed by the director on or before 35 -6- LSB 5321XD (9) 89 jm/jh 6/ 45
S.F. _____ H.F. _____ the delinquency date. 1 2. a. (1) A financial institution shall file a return 2 required under this section in an electronic format specified 3 by the department for any tax year if any of the following 4 circumstances apply: 5 (a) The financial institution has two hundred fifty 6 thousand dollars or more in gross receipts, as defined by rule 7 by the department. 8 (b) The financial institution reports twenty-five thousand 9 dollars or more of Iowa tax credits on the return. 10 (c) The financial institution is a corporation subject 11 to the electronic filing requirement under section 422.36, 12 subsection 8, paragraph “b” . 13 (2) This paragraph “a” applies to any form or schedule 14 supporting a return required to be electronically filed or 15 any amended return if the amended return meets any of the 16 circumstances requiring electronic filing in this paragraph. 17 b. (1) Notwithstanding paragraph “a” , the department may 18 provide an exception to the requirement to file a return in an 19 electronic format. 20 (2) A return subject to the electronic filing requirement 21 in paragraph “a” that is filed in a manner other than in an 22 electronic format specified by the department shall not be 23 considered a valid return unless the department provides an 24 exception pursuant to this paragraph. 25 c. The department shall adopt rules to implement this 26 subsection. 27 Sec. 9. APPLICABILITY. 28 1. Except as provided in subsection 2, this division of this 29 Act applies to tax years ending on or after December 31, 2022, 30 or for tax years ending on or after December 31 of the calendar 31 year in which the department implements a system for receiving 32 the electronic returns required by this division of this Act, 33 whichever is later. 34 2. The section of this division of this Act amending section 35 -7- LSB 5321XD (9) 89 jm/jh 7/ 45
S.F. _____ H.F. _____ 422.14, subsection 1, applies to tax years ending on or after 1 December 31, 2023, or for tax years ending on or after December 2 31 of the calendar year in which the department implements a 3 system for receiving the electronic fiduciary returns required 4 by this division of this Act, whichever is later. 5 3. The department of revenue shall notify the Code editor by 6 December 1 of the calendar year the department has implemented 7 a system for receiving the electronic returns or electronic 8 fiduciary returns required by this division of this Act. 9 DIVISION III 10 ELECTRONIC FILING —— CREDIT UNIONS 11 Sec. 10. Section 533.329, subsection 3, Code 2022, is 12 amended to read as follows: 13 3. a. Returns shall be in the form the director of 14 revenue prescribes, and shall be filed with the department of 15 revenue on or before the last day of the fourth month after 16 the expiration of the tax year. The moneys and credits tax is 17 due and payable on the last day of the fourth month after the 18 expiration of the tax year. 19 b. A credit union shall file a return required under this 20 section in an electronic format specified by the department for 21 each tax year. 22 c. (1) Notwithstanding paragraph “b” , the department may 23 provide an exception to file a return in an electronic format. 24 (2) A return subject to the electronic filing requirement 25 in paragraph “b” that is filed in a manner other than in an 26 electronic format specified by the department shall not be 27 considered a valid return unless the department provides an 28 exception pursuant to this paragraph. 29 d. The department shall adopt rules to implement this 30 subsection. 31 Sec. 11. APPLICABILITY. 32 1. This division of this Act applies to tax years ending 33 on or after December 31, 2024, or for tax years ending on or 34 after December 31 of the calendar year in which the department 35 -8- LSB 5321XD (9) 89 jm/jh 8/ 45
S.F. _____ H.F. _____ implements a system for receiving the electronic returns 1 required by this division of this Act, whichever is later. 2 2. The department of revenue shall notify the Code editor by 3 December 1 of the calendar year the department has implemented 4 a system for receiving electronic returns required by this 5 division of this Act. 6 DIVISION IV 7 AUTHORITY TO CHARGE FEES 8 Sec. 12. Section 421.17, Code 2022, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 37. To establish a fee, by rule, and charge 11 a person for a copy of a return. The fee shall be retained by 12 the department of revenue. 13 Sec. 13. LEGISLATIVE INTENT. This division of this Act 14 shall not be construed to prohibit the department of revenue 15 from charging a fee for a copy of a return prior to the 16 enactment of this division of this Act pursuant to another 17 authority of the department. 18 It is the intent of the general assembly that this division 19 of this Act is a conforming amendment consistent with current 20 state law, and the amendment does not change the application of 21 the current law but instead reflects current law both before 22 and after enactment of this division of this Act. 23 DIVISION V 24 AUTHORITY TO ACT ON BEHALF OF TAXPAYER 25 Sec. 14. Section 421.59, subsection 2, unnumbered paragraph 26 1, Code 2022, is amended to read as follows: 27 Unless otherwise prohibited by law, the department may 28 authorize the following persons to act and receive information 29 on behalf of and exercise all of the rights of a taxpayer, 30 regardless of whether a power of attorney has been filed 31 pursuant to subsection 1 : 32 Sec. 15. Section 421.59, subsection 2, paragraph d, Code 33 2022, is amended by striking the paragraph and inserting in 34 lieu thereof the following: 35 -9- LSB 5321XD (9) 89 jm/jh 9/ 45
S.F. _____ H.F. _____ d. An individual holding the following title or position 1 within a corporation, association, partnership, or other 2 business entity: 3 (1) An officer or employee of the corporation or association 4 who is authorized to act on behalf of the corporation or 5 association in tax matters. 6 (2) A designated partner or employee of the partnership 7 who is authorized to act on behalf of the partnership in tax 8 matters. 9 (3) A person authorized to act on behalf of the limited 10 liability company in tax matters pursuant to a valid statement 11 of authority or employee of the company who is authorized to 12 act on behalf of the company in tax matters. 13 Sec. 16. Section 421.59, subsection 2, Code 2022, is amended 14 by adding the following new paragraphs: 15 NEW PARAGRAPH . i. A trustee. 16 (1) Upon request, the trustee shall submit to the department 17 a certification of the trust, copy of the trust documents, or 18 court order appointing the trustee. 19 (2) The department has standing to petition the court that 20 appointed the trustee to verify the appointment or to determine 21 the scope of the appointment. 22 NEW PARAGRAPH . j. A person named as general or durable 23 power of attorney on a document which is currently in force 24 and such document has not been prescribed by the department of 25 revenue. 26 Sec. 17. Section 421.59, Code 2022, is amended by adding the 27 following new subsections: 28 NEW SUBSECTION . 3A. An individual acting on behalf of 29 a taxpayer pursuant to subsection 2 must certify that the 30 individual possesses actual authority to act on behalf of the 31 taxpayer in tax matters. 32 NEW SUBSECTION . 3B. In addition to documents required under 33 subsection 2, the department shall require any documents or 34 other evidence to demonstrate an individual has authority to 35 -10- LSB 5321XD (9) 89 jm/jh 10/ 45
S.F. _____ H.F. _____ act on behalf of the taxpayer before the department. 1 DIVISION VI 2 ELECTRONIC COMMUNICATION 3 Sec. 18. Section 421.60, subsection 11, Code 2022, is 4 amended by striking the subsection and inserting in lieu 5 thereof the following: 6 11. Electronic communication. 7 a. As used in this subsection, “electronic communication” 8 means a notice, correspondence, or other communication provided 9 electronically. 10 b. The department of revenue, by rule, may permit a person 11 to elect to receive an electronic communication from the 12 department. 13 c. (1) Notwithstanding any provision of law to the 14 contrary, when an electronic communication is posted to the 15 department’s electronic portal for a person who has made such 16 an election, the posting of the electronic communication shall 17 satisfy any requirement of mailing or personal service in this 18 title, chapter 272D, or sections 321.105A and 533.329. 19 (2) The department may send any notice, correspondence, 20 or other communication by mail to a person who has elected to 21 receive an electronic communication from the department. 22 (3) If the department sends a notice, correspondence, 23 or other communication by both mail and by electronic 24 communication, service occurs upon the earlier of when the 25 communication is posted to the department’s electronic portal 26 or mailed. 27 d. The director of revenue may adopt rules and establish 28 procedures under this subsection. 29 DIVISION VII 30 INCOME STATEMENTS TO BE PROVIDED TO THE DEPARTMENT 31 Sec. 19. Section 422.16, subsection 2, paragraphs b and c, 32 Code 2022, are amended to read as follows: 33 b. Every withholding agent on or before the end fifteenth 34 day of the second month following the close of the calendar 35 -11- LSB 5321XD (9) 89 jm/jh 11/ 45
S.F. _____ H.F. _____ year in which the withholding occurs shall make an annual 1 reporting of taxes withheld and other information prescribed 2 by the director and send to the department copies of wage and 3 tax statements with the return income statements required 4 by subsection 7 . At the discretion of the director, the 5 withholding agent shall not be required to send wage statements 6 and tax income statements with the annual reporting return 7 form report if the information is available from the internal 8 revenue service or other state or federal agencies. 9 c. If the director has reason to believe that the collection 10 of the tax provided for in subsections 1 and 12 is in jeopardy, 11 the director may require the employer or withholding agent to 12 make the report file a return as required in subsection 2, 13 paragraph “a” , and pay the tax at any time, in accordance with 14 section 422.30 . The director may authorize incorporated banks, 15 trust companies, or other depositories authorized by law which 16 are depositories or financial agents of the United States or of 17 this state, to receive any tax imposed under this chapter , in 18 the manner, at the times, and under the conditions the director 19 prescribes. The director shall also prescribe the manner, 20 times, and conditions under which the receipt of the tax by 21 those depositories is to be treated as payment of the tax to 22 the department. 23 Sec. 20. Section 422.16, subsection 7, Code 2022, is amended 24 to read as follows: 25 7. a. Every withholding agent required to deduct and 26 withhold a tax under subsections 1 and 12 of this section 27 shall furnish to such employee, nonresident, or other person 28 in respect of the remuneration income paid by such employer 29 or withholding agent to such employee, nonresident, or other 30 person during the calendar year, on or before January 31 of 31 the succeeding year, or, in the case of employees, if the 32 employee’s employment is terminated before the close of such 33 calendar year, within thirty days from the day on which the 34 last payment of wages or other taxable income is made, if 35 -12- LSB 5321XD (9) 89 jm/jh 12/ 45
S.F. _____ H.F. _____ requested by such employee, but not later than January 31 of 1 the following year, a written an income statement showing the 2 following: 3 (1) The name and address of such employer or withholding 4 agent, and the taxpayer identification number of such employer 5 or withholding agent. 6 (2) The name of the employee, nonresident, or other person 7 and that person’s federal social security account taxpayer 8 identification number, together with the last known address of 9 such employee, nonresident, or other person to whom wages have 10 or other taxable income has been paid during such period. 11 (3) The gross amount of wages , or other taxable income , paid 12 to the employee, nonresident, or other person. 13 (4) The total amount deducted and withheld as tax under the 14 provisions of subsections 1 and 12 of this section . 15 (5) The total amount of federal income tax withheld. 16 b. The income statements required to be furnished by this 17 subsection in respect of any wages or other taxable Iowa income 18 or any additional information required to be displayed on the 19 income statement shall be in such form or forms as the director 20 may, by regulation rule , prescribe. 21 Sec. 21. Section 422.16, subsection 10, paragraphs a and b, 22 Code 2022, are amended to read as follows: 23 a. An In addition to any other penalty provided by law, 24 an employer or withholding agent required under this chapter 25 to furnish a statement required by this chapter who willfully 26 furnishes a false or fraudulent statement, or who willfully 27 fails to furnish the statement is, for each failure, subject 28 to a civil penalty of five hundred dollars, the penalty to be 29 in addition to any criminal penalty otherwise provided by the 30 Code. to furnish or file an income statement required by this 31 statement is subject to a civil penalty of five hundred dollars 32 for each occurrence of the following: 33 (1) Willful failure to furnish an employee, nonresident, or 34 other person with an income statement. 35 -13- LSB 5321XD (9) 89 jm/jh 13/ 45
S.F. _____ H.F. _____ (2) Willfully furnishing an employee, nonresident, or other 1 person with a false or fraudulent income statement. 2 (3) Willful failure to file an income statement with the 3 department. 4 (4) Willfully filing a false or fraudulent income statement 5 with the department. 6 b. In addition to the tax or additional tax, any A person , 7 or withholding agent shall pay a , or other person required by 8 this section to file a return is subject to the penalty as 9 provided in section 421.27 . Any penalty assessed under section 10 421.27 shall be in addition to the tax or additional tax due. 11 The taxpayer shall also pay interest on the tax or additional 12 tax at the rate in effect under section 421.7 , for each month 13 counting each fraction of a month as an entire month, computed 14 from the date the semimonthly, monthly, or quarterly deposit 15 form was required to be filed. The penalty and interest become 16 a part of the tax due from the withholding agent. 17 Sec. 22. Section 422.16, Code 2022, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 15. The director may allow additional 20 time for filing documents required under this section with the 21 department in the case of illness, disability, absence, or if 22 good cause is shown. 23 DIVISION VIII 24 REMITTANCES OF TRANSFER TAX 25 Sec. 23. Section 428A.8, subsection 1, paragraphs a and c, 26 Code 2022, are amended to read as follows: 27 a. On or before the tenth day of each month the county 28 recorder shall determine and pay remit to the treasurer of 29 state department of revenue eighty-two and three-fourths 30 percent of the receipts from the real estate transfer tax 31 collected during the preceding month and the treasurer of state 32 department of revenue shall deposit and transfer the receipts 33 as provided in subsection 2 . 34 c. Any tax or additional tax found to be due shall be 35 -14- LSB 5321XD (9) 89 jm/jh 14/ 45
S.F. _____ H.F. _____ collected by the county recorder. If the county recorder 1 is unable to collect the tax, the director of revenue shall 2 collect the tax in the same manner as taxes are collected in 3 chapter 422, subchapter III . If collected by the director 4 of revenue, the director shall pay remit to the county its 5 proportionate share of the tax. Section 422.25, subsections 6 1, 2, 3, and 4 , and sections 422.26 , 422.28 through 422.30 , 7 and 422.73 , consistent with this chapter , apply with respect 8 to the collection of any tax or additional tax found to be due, 9 in the same manner and with the same effect as if the deed, 10 instrument, or writing were an income tax return within the 11 meaning of those statutes. 12 Sec. 24. Section 428A.8, subsection 2, unnumbered paragraph 13 1, Code 2022, is amended to read as follows: 14 The treasurer of state department of revenue shall deposit 15 or transfer the receipts paid remitted to the treasurer of 16 state department of revenue pursuant to subsection 1 to either 17 the general fund of the state, the housing trust fund created 18 in section 16.181 , or the shelter assistance fund created in 19 section 16.41 as follows: 20 Sec. 25. Section 428A.9, Code 2022, is amended to read as 21 follows: 22 428A.9 Refund of tax. 23 To receive a refund from the state the taxpayer shall 24 petition the state appeal board for a refund of the amount of 25 overpayment of the tax paid remitted to the treasurer of state 26 department of revenue . To receive a refund from the county 27 the taxpayer shall petition the board of supervisors for a 28 refund of the remaining portion of the overpayment paid to that 29 county. 30 DIVISION IX 31 BOARD OF REVIEW ELIGIBILITY 32 Sec. 26. Section 441.32, Code 2022, is amended by adding the 33 following new subsection: 34 NEW SUBSECTION . 3. If a board member is removed under this 35 -15- LSB 5321XD (9) 89 jm/jh 15/ 45
S.F. _____ H.F. _____ section, the board member shall not be eligible for appointment 1 to a board of review in this state for six years following the 2 date of the removal. 3 DIVISION X 4 EQUALIZATION ADJUSTMENTS —— APPEALS 5 Sec. 27. Section 441.48, Code 2022, is amended to read as 6 follows: 7 441.48 Notice of adjustment —— protest appeal —— final 8 action. 9 1. Before the department of revenue shall adjust the 10 valuation of any class of property any such percentage, the 11 department shall first serve ten days’ notice by mail, on the 12 county auditor of the county whose valuation is proposed to be 13 adjusted. 14 2. If the county or assessing jurisdiction intends 15 to protest appeal the proposed adjustment, the board of 16 supervisors or city council, city or county attorney, or 17 other official of the county or assessing jurisdiction, as 18 applicable, shall provide the department with written notice of 19 intent to protest prior to expiration of the ten days’ notice 20 appeal within ten days of the notice provided by the department 21 of revenue under subsection 1 . 22 3. After expiration of the ten days’ notice, the county 23 or assessing jurisdiction may appear by its city council or 24 board of supervisors, city or county attorney, or city or 25 county officials, and make written or oral protest against such 26 proposed adjustment. Upon receiving a timely notice of intent 27 to appeal under subsection 2, the department shall schedule a 28 hearing on the proposed adjustment with the county or assessing 29 jurisdiction. A county or assessing jurisdiction may submit 30 an oral presentation at the hearing supported by written 31 documentation or may submit a written presentation in lieu 32 of making an oral presentation at a hearing. The county or 33 assessing jurisdiction shall submit all written documentation 34 to the department prior to the date of the hearing or, if the 35 -16- LSB 5321XD (9) 89 jm/jh 16/ 45
S.F. _____ H.F. _____ county or assessing jurisdiction elects a written presentation, 1 not later than the date the written presentation is submitted. 2 4. The protest appeal shall consist simply of a statement 3 of the error, or errors , complained of with such facts and 4 documentation as may lead to their correction of such errors . 5 5. Appeals of the proposed adjustment under this section 6 are not subject to Code chapter 17A. After written protest is 7 received, or an oral protest is heard the hearing is held or 8 the written presentation is submitted , the final action may be 9 taken in reference to the proposed adjustment. 10 DIVISION XI 11 BUSINESS PROPERTY TAX CREDIT AND ASSESSMENT LIMITATIONS 12 Sec. 28. Section 2.48, subsection 3, paragraph f, 13 subparagraph (5), Code 2022, is amended by striking the 14 subparagraph. 15 Sec. 29. Section 331.512, subsection 5, Code 2022, is 16 amended by striking the subsection. 17 Sec. 30. Section 331.559, subsection 15, Code 2022, is 18 amended by striking the subsection. 19 Sec. 31. Section 357H.9, subsection 1, paragraph d, 20 subparagraph (2), Code 2022, is amended to read as follows: 21 (2) The difference between the actual value of the property 22 as determined by the assessor each year and the percentage 23 of adjustment certified for that year by the director of 24 revenue on or before November 1 assessed value of the property 25 following application of the assessment limitations pursuant to 26 section 441.21, subsection 9 , multiplied by the actual value of 27 the property as determined by the assessor, shall be subtracted 28 from the actual value of the property as determined pursuant to 29 section 403.19, subsection 1 . 30 Sec. 32. Section 357H.9, subsection 1, paragraph f, 31 subparagraph (1), Code 2022, is amended to read as follows: 32 (1) “Base year taxable value” means the actual value of 33 the property as determined in section 403.19, subsection 1 , 34 multiplied by the percentage of adjustment certified for the 35 -17- LSB 5321XD (9) 89 jm/jh 17/ 45
S.F. _____ H.F. _____ assessment year specified in section 403.19, subsection 1 , 1 by the director of revenue on or before November 1 following 2 application of the assessment limitations pursuant to section 3 441.21, subsection 9 . 4 Sec. 33. Section 403.20, Code 2022, is amended to read as 5 follows: 6 403.20 Percentage of adjustment considered in value 7 assessment. 8 In determining the assessed value of property within an 9 urban renewal area which is subject to a division of tax 10 revenues pursuant to section 403.19 , the difference between the 11 actual value of the property as determined by the assessor each 12 year and the percentage of adjustment certified for that year 13 by the director of revenue on or before November 1 pursuant 14 to section 441.21, subsection 9 , multiplied by the actual 15 value of the property as determined by the assessor following 16 application of the assessment limitations under section 441.21, 17 subsection 9 , shall be subtracted from the actual value of the 18 property as determined pursuant to section 403.19, subsection 19 1 . If the assessed value of the property as determined 20 pursuant to section 403.19, subsection 1 , is reduced to zero, 21 the additional valuation reduction shall be subtracted from the 22 actual value of the property as determined by the assessor. 23 Sec. 34. Section 426C.2, Code 2022, is amended to read as 24 follows: 25 426C.2 Business property tax credit fund —— appropriation. 26 1. A business property tax credit fund is created in the 27 state treasury under the authority of the department. For the 28 fiscal year beginning July 1, 2014, there is appropriated from 29 the general fund of the state to the department to be credited 30 to the fund, the sum of fifty million dollars to be used for 31 business property tax credits authorized in this chapter . For 32 the fiscal year beginning July 1, 2015, there is appropriated 33 from the general fund of the state to the department to be 34 credited to the fund, the sum of one hundred million dollars 35 -18- LSB 5321XD (9) 89 jm/jh 18/ 45
S.F. _____ H.F. _____ to be used for business property tax credits authorized in 1 this chapter . For the fiscal year beginning July 1, 2016, and 2 each fiscal year thereafter beginning before July 1, 2023 , 3 there is appropriated from the general fund of the state to the 4 department to be credited to the fund, the sum of one hundred 5 twenty-five million dollars to be used for business property 6 tax credits authorized in this chapter . 7 2. Notwithstanding section 12C.7, subsection 2 , interest or 8 earnings on moneys deposited in the fund shall be credited to 9 the fund. Moneys in the fund are not subject to the provisions 10 of section 8.33 and shall not be transferred, used, obligated, 11 appropriated, or otherwise encumbered except as provided in 12 this chapter . However, moneys remaining in the fund at the end 13 of the fiscal year beginning July 1, 2022, shall be transferred 14 by the department for deposit in the general fund of the state. 15 Sec. 35. NEW SECTION . 426C.10 Future repeal. 16 This chapter is repealed July 1, 2024. 17 Sec. 36. Section 441.21, subsection 5, Code 2022, is amended 18 to read as follows: 19 5. a. For valuations established as of January 1, 1979, 20 property valued by the department of revenue pursuant to 21 chapters 428 , 433 , 437 , and 438 shall be considered as one 22 class of property and shall be assessed as a percentage of 23 its actual value. The percentage shall be determined by the 24 director of revenue in accordance with the provisions of this 25 section . For valuations established as of January 1, 1979, the 26 percentage shall be the quotient of the dividend and divisor 27 as defined in this section . The dividend shall be the total 28 actual valuation established for 1978 by the department of 29 revenue, plus ten percent of the amount so determined. The 30 divisor for property valued by the department of revenue 31 pursuant to chapters 428 , 433 , 437 , and 438 shall be the 32 valuation established for 1978, plus the amount of value added 33 to the total actual value by the revaluation of the property 34 by the department of revenue as of January 1, 1979. For 35 -19- LSB 5321XD (9) 89 jm/jh 19/ 45
S.F. _____ H.F. _____ valuations established as of January 1, 1980, property valued 1 by the department of revenue pursuant to chapters 428 , 433 , 2 437 , and 438 shall be assessed at a percentage of its actual 3 value. The percentage shall be determined by the director of 4 revenue in accordance with the provisions of this section . For 5 valuations established as of January 1, 1980, the percentage 6 shall be the quotient of the dividend and divisor as defined in 7 this section . The dividend shall be the total actual valuation 8 established for 1979 by the department of revenue, plus eight 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 1979, 12 plus the amount of value added to the total actual value by the 13 revaluation of the property by the department of revenue as of 14 January 1, 1980. For valuations established as of January 1, 15 1981, and each year thereafter, the percentage of actual value 16 at which property valued by the department of revenue pursuant 17 to chapters 428 , 433 , 437 , and 438 shall be assessed shall be 18 calculated in accordance with the methods provided herein, 19 except that any references to ten percent in this subsection 20 shall be eight percent. For valuations established on or after 21 January 1, 2013, property valued by the department of revenue 22 pursuant to chapter 434 shall be assessed at a percentage 23 portion of its actual value equal to the percentage of actual 24 value determined in the same manner at which property assessed 25 as commercial property is assessed under paragraph “b” for the 26 same assessment year. 27 b. For valuations established on or after January 1, 2013, 28 commercial property, excluding properties referred to in 29 section 427A.1, subsection 9 , shall be assessed at a percentage 30 portion of its actual value, as determined in this paragraph 31 “b” . 32 (1) For valuations established for the assessment year 33 beginning January 1, 2013, the percentage of actual value 34 as equalized by the department of revenue as provided in 35 -20- LSB 5321XD (9) 89 jm/jh 20/ 45
S.F. _____ H.F. _____ section 441.49 at which commercial property shall be assessed 1 shall be ninety-five percent. For valuations established 2 for the assessment year beginning January 1, 2014, and each 3 assessment year thereafter beginning before January 1, 2022 , 4 the percentage of actual value as equalized by the department 5 of revenue as provided in section 441.49 at which commercial 6 property shall be assessed shall be ninety percent. 7 (2) For valuations established for the assessment year 8 beginning January 1, 2022, and each assessment year thereafter, 9 the portion of actual value at which each property unit of 10 commercial property shall be assessed shall be the sum of the 11 following: 12 (a) An amount equal to the product of the assessment 13 limitation percentage applicable to residential property under 14 subsection 4 for that assessment year multiplied by the actual 15 value of the property that exceeds zero dollars but does not 16 exceed one hundred fifty thousand dollars. 17 (b) An amount equal to ninety percent of the actual value of 18 the property for that assessment year that exceeds one hundred 19 fifty thousand dollars. 20 c. For valuations established on or after January 1, 2013, 21 industrial property, excluding properties referred to in 22 section 427A.1, subsection 9 , shall be assessed at a percentage 23 portion of its actual value, as determined in this paragraph 24 “c” . 25 (1) For valuations established for the assessment year 26 beginning January 1, 2013, the percentage of actual value 27 as equalized by the department of revenue as provided in 28 section 441.49 at which industrial property shall be assessed 29 shall be ninety-five percent. For valuations established 30 for the assessment year beginning January 1, 2014, and each 31 assessment year thereafter beginning before January 1, 2022 , 32 the percentage of actual value as equalized by the department 33 of revenue as provided in section 441.49 at which industrial 34 property shall be assessed shall be ninety percent. 35 -21- LSB 5321XD (9) 89 jm/jh 21/ 45
S.F. _____ H.F. _____ (2) For valuations established for the assessment year 1 beginning January 1, 2022, and each assessment year thereafter, 2 the portion of actual value at which each property unit of 3 industrial property shall be assessed shall be the sum of the 4 following: 5 (a) An amount equal to the product of the assessment 6 limitation percentage applicable to residential property under 7 subsection 4 for that assessment year multiplied by the actual 8 value of the property that exceeds zero dollars but does not 9 exceed one hundred fifty thousand dollars. 10 (b) An amount equal to ninety percent of the actual value of 11 the property for that assessment year that exceeds one hundred 12 fifty thousand dollars. 13 d. For valuations established for the assessment year 14 beginning January 1, 2019, and each assessment year thereafter, 15 the percentages or portions of actual value at which property 16 is assessed, as determined under this subsection , shall not be 17 applied to the value of wind energy conversion property valued 18 under section 427B.26 the construction of which is approved by 19 the Iowa utilities board on or after July 1, 2018. 20 e. (1) For each fiscal year beginning on or after July 1, 21 2023, there is appropriated from the general fund of the state 22 to the department of revenue the sum of one hundred twenty-five 23 million dollars to be used for payments under this paragraph 24 calculated as a result of the assessment limitations imposed 25 under paragraph “b” , subparagraph (2), subparagraph division 26 (a), and paragraph “c” , subparagraph (2), subparagraph division 27 (a). 28 (2) For fiscal years beginning on or after July 1, 2023, 29 each county treasurer shall be paid by the department of 30 revenue an amount calculated under subparagraph (4). If an 31 amount appropriated for the fiscal year is insufficient to make 32 all payments as calculated under subparagraph (4), the director 33 of revenue shall prorate the payments to the county treasurers 34 and shall notify the county auditors of the pro rata percentage 35 -22- LSB 5321XD (9) 89 jm/jh 22/ 45
S.F. _____ H.F. _____ on or before September 30. 1 (3) On or before July 1 of each fiscal year, the assessor 2 shall report to the county auditor that portion of the total 3 actual value of all commercial property and industrial property 4 in the county that is subject to the assessment limitations 5 imposed under paragraph “b” , subparagraph (2), subparagraph 6 division (a), and paragraph “c” , subparagraph (2), subparagraph 7 division (a), for the assessment year used to calculate the 8 taxes due and payable in that fiscal year. 9 (4) On or before September 1 of each fiscal year, the county 10 auditor shall prepare a statement, based on the report received 11 in subparagraph (3) and information transmitted to the county 12 auditor under chapter 434, listing for each taxing district in 13 the county: 14 (a) The product of the portion of the total actual value 15 of all commercial property, industrial property, and property 16 valued by the department under chapter 434 in the county 17 that is subject to the assessment limitations imposed under 18 paragraph “b” , subparagraph (2), subparagraph division (a), and 19 paragraph “c” , subparagraph (2), subparagraph division (a), for 20 the applicable assessment year used to calculate taxes which 21 are due and payable in the applicable fiscal year multiplied 22 by the difference, stated as a percentage, between ninety 23 percent and the assessment limitation percentage applicable 24 to residential property under subsection 4 for the applicable 25 assessment year. 26 (b) The tax levy rate per one thousand dollars of assessed 27 value for each taxing district for the applicable fiscal year. 28 (c) The amount of the payment for each county is equal to 29 the amount determined pursuant to subparagraph division (a), 30 multiplied by the tax rate specified in subparagraph division 31 (b), and then divided by one thousand dollars. 32 (5) The county auditor shall certify and forward one copy of 33 the statement described in subparagraph (4) to the department 34 of revenue not later than September 1 of each fiscal year. 35 -23- LSB 5321XD (9) 89 jm/jh 23/ 45
S.F. _____ H.F. _____ (6) The amounts determined under this paragraph shall 1 be paid by the department to the county treasurers in equal 2 installments in September and March of each year. The county 3 treasurer shall apportion the payments among the eligible 4 taxing districts in the county and the amounts received by each 5 taxing authority shall be treated the same as property taxes 6 paid. 7 f. For the purposes of this subsection, unless the context 8 otherwise requires: 9 (1) “Contiguous parcels” means any of the following: 10 (a) Parcels that share a common boundary. 11 (b) Parcels within the same building or structure 12 regardless of whether the parcels share a common boundary. 13 (c) Permanent improvements to the land that are situated 14 on one or more parcels of land that are assessed and taxed 15 separately from the permanent improvements if the parcels of 16 land upon which the permanent improvements are situated share 17 a common boundary. 18 (2) “Parcel” means the same as defined in section 445.1. 19 “Parcel” also means that portion of a parcel assigned a 20 classification of commercial property or industrial property 21 pursuant to section 441.21, subsection 14, paragraph “b” . 22 (3) “Property unit” means a parcel or contiguous parcels 23 all of which are located within the same county, with the same 24 property tax classification, are owned by the same person, and 25 are operated by that person for a common use and purpose. 26 Sec. 37. Section 441.21, subsections 9 and 10, Code 2022, 27 are amended to read as follows: 28 9. Not later than November 1, 1979, and November 1 of 29 each subsequent year, the director shall certify to the 30 county auditor of each county the percentages of actual 31 value at which residential property, agricultural property, 32 commercial property, industrial property, property valued by 33 the department of revenue pursuant to chapter 434 , and property 34 valued by the department of revenue pursuant to chapters 428 , 35 -24- LSB 5321XD (9) 89 jm/jh 24/ 45
S.F. _____ H.F. _____ 433 , 437 , and 438 in each assessing jurisdiction in the county 1 shall be assessed for taxation , including for assessment years 2 beginning on or after January 1, 2022, the percentages used to 3 apply the assessment limitations under subsection 5, paragraphs 4 “b” and “c” . The county auditor shall proceed to determine 5 the assessed values of agricultural property, residential 6 property, commercial property, industrial property, property 7 valued by the department of revenue pursuant to chapter 434 , 8 and property valued by the department of revenue pursuant to 9 chapters 428 , 433 , 437 , and 438 by applying such percentages 10 to the current actual value of such property, as reported to 11 the county auditor by the assessor, and the assessed values so 12 determined shall be the taxable values of such properties upon 13 which the levy shall be made. 14 10. The percentage percentages of actual value computed 15 by the department of revenue for agricultural property, 16 residential property, commercial property, industrial property, 17 property valued by the department of revenue pursuant to 18 chapter 434 , and property valued by the department of revenue 19 pursuant to chapters 428 , 433 , 437 , and 438 , including for 20 assessment years beginning on or after January 1, 2022, the 21 percentages used to apply the assessment limitations under 22 subsection 5, paragraphs “b” and “c” , and used to determine 23 assessed values of those classes of property does do not 24 constitute a rule as defined in section 17A.2, subsection 11 . 25 Sec. 38. RETROACTIVE APPLICABILITY. This division of this 26 Act applies retroactively to assessment years beginning on or 27 after January 1, 2022. 28 DIVISION XII 29 WAGE ASSIGNMENT NOTICE 30 Sec. 39. Section 421.17B, subsection 3, paragraph a, Code 31 2022, is amended to read as follows: 32 a. (1) The facility may proceed under this section only if 33 twenty days’ notice of intent has been provided sent by regular 34 mail to the last known address of the obligor, notifying 35 -25- LSB 5321XD (9) 89 jm/jh 25/ 45
S.F. _____ H.F. _____ the obligor that the obligor is subject to this section and 1 the facility intends to use the process established in this 2 section . If the facility determines that collection of the 3 debt may be in jeopardy, the facility may request that the 4 employer deliver notice of the wage assignment simultaneously 5 with the remainder of or in lieu of the obligor’s compensation 6 due from the employer. The twenty days’ notice period shall 7 not be required if the facility determines that the collection 8 of past due amounts would be jeopardized. 9 (2) The facility may obtain one or more wage assignments 10 of an obligor who is subject to this section . If the obligor 11 has more than one employer, the facility may receive wage 12 assignments from one or more of the employers until the full 13 debt obligation of the obligor is satisfied. If an obligor has 14 more than one employer, the facility shall give notice to all 15 employers from whom an assignment is sought. 16 Sec. 40. Section 421.17B, subsection 3, paragraph b, 17 unnumbered paragraph 1, Code 2022, is amended to read as 18 follows: 19 The facility shall notify an obligor subject to this section 20 of the initiation of the wage assignment action. The notice of 21 initiation from the facility to the obligor shall be sent by 22 regular mail within two working days of sending the notice to 23 the employer pursuant to subsection 6, paragraph “b” , and shall 24 contain all of the following: 25 Sec. 41. Section 421.17B, subsection 4, Code 2022, is 26 amended by adding the following new paragraph: 27 NEW PARAGRAPH . c. The facility may obtain multiple wage 28 assignments of an obligor who is subject to this section. If 29 the obligor has multiple employers, the facility may receive 30 wage assignments from each employer until the full debt 31 obligation of the obligor is satisfied. The facility shall 32 give notice to each employer when the facility is seeking a 33 wage assignment. 34 Sec. 42. Section 421.17B, subsection 6, paragraph b, Code 35 -26- LSB 5321XD (9) 89 jm/jh 26/ 45
S.F. _____ H.F. _____ 2022, is amended to read as follows: 1 b. The To initiate a wage assignment, the facility shall 2 send a notice to the employer within fourteen days of sending 3 more than twenty days after the notice of the wage assignment 4 intent to use the levy process is sent to the obligor pursuant 5 to subsection 3, paragraph “a” . The notice shall inform the 6 employer of the amount to be assigned to the facility from each 7 wage, salary, or payment period that is due the obligor. The 8 facility may receive assignment of up to one hundred percent 9 of the obligor’s disposable income, salary, or payment for any 10 given period until the full obligation to the facility is paid 11 in full. 12 Sec. 43. Section 421.17B, subsection 9, paragraph a, 13 unnumbered paragraph 1, Code 2022, is amended to read as 14 follows: 15 A notice of wage assignment given sent to the obligor under 16 this section is effective without the serving of another notice 17 until the earliest of either earlier of the following: 18 DIVISION XIII 19 OUT-OF-STATE RECIPROCAL COLLECTIONS 20 Sec. 44. Section 421.24, Code 2022, is amended by striking 21 the section and inserting in lieu thereof the following: 22 421.24 Reciprocal interstate enforcement. 23 1. For the purposes of this section, the terms “tax” and 24 “taxes” include interest and penalties due under any taxing 25 statute, and liability for interest or penalties, or both, 26 due under a taxing statute of another state or a political 27 subdivision of another state, and shall be recognized and 28 enforced by the courts of this state to the same extent that 29 the laws of the other state permit the enforcement of liability 30 for interest or penalties, or both, due under a taxing statute 31 of this state or a political subdivision of this state. 32 2. a. The director of revenue shall have the authority 33 to enter into an agreement with a department or agency of any 34 other state for the department or agency of the other state to 35 -27- LSB 5321XD (9) 89 jm/jh 27/ 45
S.F. _____ H.F. _____ collect delinquent accounts, charges, fees, loans, taxes, or 1 other indebtedness owed to, placed with, or being collected 2 by the central debt collection facility of the department of 3 revenue. The department may retain from the amounts collected 4 a fee established by agreement with the department or agency 5 of the other state. 6 b. The director of revenue shall have the authority to 7 enter into an agreement with a department or agency of any 8 other state for the centralized debt collection facility to 9 collect delinquent accounts, charges, fees, loans, taxes, or 10 other indebtedness owed to, placed with, or being collected 11 by the other state. The obligations or indebtedness of the 12 other state referred to the facility must be delinquent and not 13 subject to litigation, claim, appeal, or review pursuant to the 14 appropriate remedies of the state. The department may retain 15 from the amounts collected a fee established by agreement with 16 the department or agency of the other state. 17 c. Upon referral of a delinquent balance from the department 18 or agency of another state pursuant to paragraph “b” , the 19 department shall send written notification to the obligor by 20 regular mail to the obligor’s last known mailing address. The 21 notification shall contain an explanation of the balance owed, 22 the department or agency to which the balance is owed, that the 23 department has entered into an agreement to collect the balance 24 owed, and the obligor’s opportunity to give written notice of 25 intent to contest the department’s right to collect the amount 26 owed. 27 3. a. Challenges under this section may be initiated 28 only by an obligor. The department’s review of its right to 29 reciprocal collection is not subject to chapter 17A. 30 b. The obligor challenging the reciprocal collection shall 31 submit a written challenge in the manner provided in the notice 32 described in subsection 2, paragraph “c” , within fifteen days of 33 the date of the notice. 34 c. The department, upon receipt of a written challenge, 35 -28- LSB 5321XD (9) 89 jm/jh 28/ 45
S.F. _____ H.F. _____ shall provide written notice of the challenge to the referring 1 department or agency. The department shall review the 2 information provided by the referring department or agency and 3 shall obtain additional information if necessary to establish 4 that the liability is delinquent and not subject to appeal, or 5 to verify the identity of the obligor or the amount owed. The 6 department shall set a time to occur within ten days of receipt 7 of the challenge to review the relevant facts of the challenge 8 with the obligor. An alternative time may be set at the 9 request of the obligor. If the obligor does not participate in 10 the review at the scheduled time and an alternative time is not 11 requested and approved, the review shall take place without the 12 obligor being present. Only a determination that the referred 13 liability is not delinquent or is subject to challenge or a 14 mistake of fact, including a mistake in the identity of the 15 obligor, or a mistake in the amount owed, shall be considered 16 as a reason to reject the referred liability. 17 d. If the department determines that a mistake of fact 18 has occurred or that the liability is not delinquent or is 19 subject to challenge, the department shall reject referral of 20 the liability and shall take no further action to collect the 21 liability. 22 e. If the department finds no mistake of fact and that 23 the liability is delinquent and not subject to challenge, 24 the department shall deny the challenge and provide a notice 25 of that effect to the obligor and may proceed to collect the 26 balance owed. 27 4. a. At the request of the director the attorney general 28 may bring suit in the name of this state, in the appropriate 29 court of any other state to collect any tax legally due in 30 this state, and any political subdivision of this state or the 31 appropriate officer, acting in its behalf, may bring suit in 32 the appropriate court of any other state to collect any tax 33 legally due to such political subdivision. 34 b. The courts of this state shall recognize and enforce 35 -29- LSB 5321XD (9) 89 jm/jh 29/ 45
S.F. _____ H.F. _____ liabilities for taxes lawfully imposed by any other state, or 1 any political subdivision of the other state, which extends 2 a like comity to this state, and the duly authorized officer 3 of any such state or a political subdivision of such state may 4 sue for the collection of such tax in the courts of this state. 5 A certificate by the secretary of state of such other state 6 that an officer suing for the collection of such a tax is duly 7 authorized to collect the same shall be conclusive proof of 8 such authority. 9 c. The courts of this state shall not enforce interest 10 rates or penalties on taxes of any other state which exceed the 11 interest rates and penalties imposed by the state of Iowa for 12 the same or a similar tax. 13 5. Thirty days following the mailing of notice pursuant 14 to subsection 2, paragraph “c” , if no written challenge is 15 received, or upon the department providing notice of denial 16 of a challenge pursuant to subsection 3, paragraph “e” , any 17 tax amount referred to the facility under subsection 2 shall 18 be treated as the equivalent of individual income tax that is 19 final, due and payable, and may be collected in any manner 20 authorized under the law for collection of a delinquent tax 21 liability, including but not limited to the recording of a 22 notice of state tax lien or issuance of a distress warrant. 23 6. The department may release information otherwise 24 confidential under section 422.20 or 422.72 to the department 25 or agency of the other state, provided the department or agency 26 of the other state agrees to keep such information confidential 27 as defined by Iowa law. An employee or contractor of the 28 department or agency of the other state shall not be required 29 to complete the confidentiality training or acknowledgment 30 requirements of the department. 31 DIVISION XIV 32 PASS-THROUGH ENTITY TAXATION 33 Sec. 45. Section 422.25A, subsection 3, Code 2022, is 34 amended to read as follows: 35 -30- LSB 5321XD (9) 89 jm/jh 30/ 45
S.F. _____ H.F. _____ 3. State partnership pass-through representative. 1 Notwithstanding any other law to the contrary, the state 2 partnership pass-through representative for the reviewed 3 year shall have the sole authority to act on behalf of 4 the partnership or pass-through entity with respect to an 5 action required or permitted to be taken by a partnership or 6 pass-through entity under this section or section 422.28 or 7 422.29 with respect to final federal partnership adjustments 8 arising from a partnership level audit or an administrative 9 adjustment request, and its direct partners and indirect 10 partners shall be bound by those actions. 11 Sec. 46. Section 422.25A, subsection 4, paragraph a, 12 subparagraph (3), Code 2022, is amended to read as follows: 13 (3) File an amended composite return under section 422.13 , 14 Code 2021, or under section 422.16B, as applicable, if one 15 was originally required to be filed, and if applicable for 16 withholding from partners, file an amended withholding report 17 under section 422.16 , Code 2021, and pay the additional amount 18 under this title that would have been due had the final federal 19 partnership adjustments been reported properly as required, 20 including any applicable interest and penalties. 21 Sec. 47. Section 422.25A, subsection 4, paragraph b, 22 subparagraph (3), Code 2022, is amended to read as follows: 23 (3) If the direct partner is a tiered partner and subject to 24 section 422.13 , Code 2021, or section 422.16B, file an amended 25 composite return under section 422.13 , Code 2021, or under 26 section 422.16B, as applicable, if such return was originally 27 required to be filed, and if applicable for withholding from 28 partners file an amended withholding report under section 29 422.16 , Code 2021, if one was originally required to be filed. 30 Sec. 48. Section 422.25A, subsection 4, paragraph c, 31 subparagraph (3), Code 2022, is amended to read as follows: 32 (3) Within ninety days after the time for filing and 33 furnishing statements to tiered partners and their partners as 34 established by section 6226 of the Internal Revenue Code and 35 -31- LSB 5321XD (9) 89 jm/jh 31/ 45
S.F. _____ H.F. _____ the regulations thereunder, if the indirect partner is a tiered 1 partner and subject to section 422.13 , Code 2021, or section 2 422.16B , file an amended composite return under section 422.13 , 3 Code 2021, or under section 422.16B, as applicable, if such 4 return was originally required to be filed, and if applicable 5 for withholding from partners, file an amended withholding 6 report under section 422.16 , Code 2021, if one was originally 7 required to be filed. 8 Sec. 49. Section 422.25B, Code 2022, is amended to read as 9 follows: 10 422.25B State partnership pass-through representative. 11 1. As used in this section , all words and phrases defined 12 in section 422.25A shall have the same meaning given them by 13 that section. 14 2. The state partnership pass-through representative for 15 the reviewed year for a partnership shall be the partnership’s 16 federal partnership representative with respect to an action 17 required or permitted to be taken by a state partnership 18 pass-through representative under this chapter for a reviewed 19 year, unless the partnership designates in writing another 20 person as the state partnership pass-through representative as 21 provided in subsection 3 . The state partnership pass-through 22 representative for the reviewed year for a pass-through entity 23 is the person designated in subsection 3 . 24 3. The department may establish reasonable qualifications 25 for a person to be a state partnership pass-through 26 representative. If a partnership desires to designate a 27 person other than the federal partnership representative, the 28 partnership shall designate such person in the manner and 29 form prescribed by the department. A pass-through entity 30 shall designate a person as the state partnership pass-through 31 representative in the manner and form prescribed by the 32 department. A partnership or pass-through entity shall be 33 allowed to change such designation by notifying the department 34 at the time the change occurs in the manner and form prescribed 35 -32- LSB 5321XD (9) 89 jm/jh 32/ 45
S.F. _____ H.F. _____ by the department. 1 4. The department may adopt any rules pursuant to chapter 2 17A to implement this section . 3 Sec. 50. Section 422.25C, subsections 2 and 3, Code 2022, 4 are amended to read as follows: 5 2. For tax years beginning on or after January 1, 2020, any 6 adjustments to a partnership’s or pass-through entity’s items 7 of income, gain, loss, expense, or credit, or an adjustment to 8 such items allocated to a partner that holds an interest in a 9 partnership or pass-through entity for the reviewed year by 10 the department as a result of a state partnership audit, shall 11 be determined at the partnership level or pass-through entity 12 level in the same manner as provided by section 6221(a) of the 13 Internal Revenue Code and the regulations thereunder unless a 14 different treatment is specifically provided in this title . 15 The provisions of sections 6222, 6223, and 6227 of the Internal 16 Revenue Code and the regulations thereunder shall also apply to 17 a partnership or pass-through entity and its direct or indirect 18 partners in the same manner as provided in such sections unless 19 a different treatment is specifically provided in this title . 20 For purposes of applying such sections, due account shall be 21 made for differences in federal and Iowa terminology. The 22 adjustment provided by section 6221(a) of the Internal Revenue 23 Code shall be determined as provided in such section but shall 24 be based on Iowa taxable income or other tax attributes of 25 the partnership or pass-through entity as determined pursuant 26 to this chapter for the reviewed year. The department shall 27 issue a notice of adjustment to the partnership or pass-through 28 entity. Such notice shall be treated as an assessment for 29 the purposes of section 422.25 , and the notice shall be 30 appealable by the partnership or pass-through entity pursuant 31 to sections 422.28 and 422.29 and shall be issued within the 32 time period provided by section 422.25 . Once the adjustments 33 to partnership-related or pass-through entity-related items or 34 reallocations of income, gains, losses, expenses, credits, and 35 -33- LSB 5321XD (9) 89 jm/jh 33/ 45
S.F. _____ H.F. _____ other attributes among such partners for the reviewed year are 1 finally determined, the partnership or pass-through entity and 2 any direct partners or indirect partners shall then be subject 3 to the provisions of section 422.25, subsection 1 , paragraph 4 “e” , and section 422.25A in the same manner as if the state 5 partnership audit were a federal partnership level audit, and 6 as if the final state partnership audit adjustment were a final 7 federal partnership adjustment. The penalty exceptions in 8 section 421.27, subsection 2 , paragraphs “b” and “c” , shall not 9 apply to a state partnership audit. 10 3. The state partnership pass-through representative for 11 the reviewed year as determined under section 422.25B shall 12 have the sole authority to act on behalf of the partnership 13 or pass-through entity with respect to an action required or 14 permitted to be taken by a partnership or pass-through entity 15 under this section , including proceedings under section 422.28 16 or 422.29 , and the partnership’s or pass-through entity’s 17 direct partners and indirect partners shall be bound by those 18 actions. 19 Sec. 51. COMPOSITE RETURN UNUSED TAX CREDIT CARRYFORWARDS 20 FROM TAX YEAR 2021. Notwithstanding any other provision 21 of law to the contrary, if a pass-through entity filing 22 composite returns under section 422.13, subsection 5, Code 23 2021, has a nonrefundable income tax credit carryforward amount 24 attributable to the composite return following the close of 25 the entity’s composite return tax year that began during the 26 2021 calendar year, the pass-through entity may allocate those 27 income tax credit carryforward amounts to the pass-through 28 entity’s partners, members, beneficiaries, or shareholders in 29 the pass-through entity’s tax year that begins during the 2022 30 calendar year, in the amount designated by the pass-through 31 entity and in the manner and form prescribed by the department 32 of revenue. The income tax credit shall be the same in the 33 hands of the partner, member, beneficiary, or shareholder as in 34 the pass-through entity, and may be claimed for any tax year 35 -34- LSB 5321XD (9) 89 jm/jh 34/ 45
S.F. _____ H.F. _____ that the pass-through entity could have claimed the tax credit. 1 DIVISION XV 2 INHERITANCE TAX —— UNKNOWN HEIRS 3 Sec. 52. Section 450.93, Code 2022, is amended to read as 4 follows: 5 450.93 Unknown heirs. 6 1. Whenever For a decedent dying before January 1, 2021, 7 whenever the heirs or persons entitled to any estate or any 8 interest therein are unknown or their place of residence 9 cannot with reasonable certainty be ascertained, a tax of five 10 percent shall be paid to the department of revenue upon all 11 such estates or interests, subject to refund as provided herein 12 in other cases; provided, however, that if it be afterwards 13 determined that any estate or interest passes to aliens, there 14 shall be paid within sixty days after such determination and 15 before delivery of such estate or property, an amount equal to 16 the difference between five percent, the amount paid, and the 17 amount which such person should pay under the provisions of 18 this chapter . 19 2. a. For a decedent dying on or after January 1, 2021, 20 but before January 1, 2022, the tax imposed in subsection 1 21 shall be reduced by twenty percent, and rounded to the nearest 22 one-hundredth of one percent. 23 b. For a decedent dying on or after January 1, 2022, 24 but before January 1, 2023, the tax imposed in subsection 1 25 shall be reduced by forty percent, and rounded to the nearest 26 one-hundredth of one percent. 27 c. For a decedent dying on or after January 1, 2023, 28 but before January 1, 2024, the tax imposed in subsection 1 29 shall be reduced by sixty percent, and rounded to the nearest 30 one-hundredth of one percent. 31 d. For a decedent dying on or after January 1, 2024, but 32 before January 1, 2025, the tax imposed in subsection 1 shall 33 be reduced by eighty percent, and rounded to the nearest 34 one-hundredth of one percent. 35 -35- LSB 5321XD (9) 89 jm/jh 35/ 45
S.F. _____ H.F. _____ 3. For a decedent dying on or after January 1, 2025, the tax 1 in subsection 1 shall not be imposed. 2 Sec. 53. RETROACTIVE APPLICABILITY. This division of this 3 Act applies retroactively to January 1, 2021. 4 DIVISION XVI 5 NOTICE REQUIREMENTS FOR PUBLICATION OF INTEREST RATES 6 Sec. 54. Section 421.7, subsection 6, Code 2022, is amended 7 to read as follows: 8 6. In November of each year the director shall cause an 9 advisory notice to be published in the Iowa administrative 10 bulletin and in a newspaper of general circulation in this 11 state on the internet site of the department , stating the 12 rate of interest to be in effect on or after January 1 of 13 the following year, as established by this section . The 14 calculation and publication of the rate of interest by the 15 director is exempt from chapter 17A . 16 DIVISION XVII 17 PROPERTY ASSESSMENT APPEAL BOARD —— SALARIES 18 Sec. 55. 2008 Iowa Acts, chapter 1191, section 14, 19 subsection 5, as amended by 2013 Iowa Acts, chapter 123, 20 section 63, 2018 Iowa Acts, chapter 1163, section 8, and 2018 21 Iowa Acts, chapter 1165, section 81, is amended to read as 22 follows: 23 5. The following are range 5 positions: administrator of 24 the division of homeland security and emergency management of 25 the department of public defense, state public defender, drug 26 policy coordinator, labor commissioner, workers’ compensation 27 commissioner, executive director of the college student aid 28 commission, director of the department of cultural affairs, 29 director of the department of elder affairs, director of the 30 law enforcement academy, members of the property assessment 31 appeal board, executive director of the department of veterans 32 affairs, and administrator of the historical division of the 33 department of cultural affairs. 34 Sec. 56. 2008 Iowa Acts, chapter 1191, section 14, 35 -36- LSB 5321XD (9) 89 jm/jh 36/ 45
S.F. _____ H.F. _____ subsection 6, is amended to read as follows: 1 6. The following are range 6 positions: director of the 2 office of energy independence, superintendent of banking, 3 superintendent of credit unions, administrator of the alcoholic 4 beverages division of the department of commerce, director of 5 the department of inspections and appeals, commandant of the 6 Iowa veterans home, commissioner of public safety, commissioner 7 of insurance, executive director of the Iowa finance authority, 8 director of the department of natural resources, consumer 9 advocate, members of the property assessment appeal board, and 10 chairperson of the utilities board. The other members of the 11 utilities board shall receive an annual salary within a range 12 of not less than 90 percent but not more than 95 percent of the 13 annual salary of the chairperson of the utilities board. 14 Sec. 57. APPLICABILITY. This division of this Act applies 15 to fiscal years beginning on or after July 1, 2022, effective 16 with the pay period beginning June 24, 2022, and subsequent pay 17 periods. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to state and local finances and the duties 22 and procedures of the department of revenue by providing for 23 electronic filing, communications, and records, modifying 24 transfer tax remittances, the assessment of property, the 25 collection of debt, and the taxation of pass-through entities, 26 reducing inheritance taxes for unknown heirs, and establishing 27 salaries. 28 DIVISION I —— RECORD RETENTION. Currently, the director of 29 the department of revenue (DOR) may destroy useless records of 30 any taxpayer filed with or kept by the department. The bill 31 specifies that the director of revenue (director) shall destroy 32 useless records by the end of the calendar year following the 33 year in which the records are determined to be useless. The 34 bill permits a taxpayer or the DOR to request the director 35 -37- LSB 5321XD (9) 89 jm/jh 37/ 45
S.F. _____ H.F. _____ retain a useless record under certain circumstances. The 1 bill also permits DOR to retain some records if personally 2 identifiable information has been removed, or the records are 3 related to a rule, statement of law or policy, or a final 4 order, decision, or opinion. 5 The bill allows DOR to make electronic copies of records or 6 use other methods to make such copies. 7 The division takes effect January 1, 2025. 8 DIVISION II —— ELECTRONIC FILING —— FIDUCIARIES —— BUSINESS 9 ENTITIES. The bill requires a fiduciary to file an electronic 10 return under any of the following certain circumstances: the 11 individual, estate, or trust has gross receipts of $250,000 or 12 more; the fiduciary is required to provide 10 or more schedules 13 K-1 to the beneficiaries; or the fiduciary reports $25,000 or 14 more of Iowa tax credits. 15 The bill requires a partnership to file an electronic return 16 under any of the following circumstances: the partnership has 17 gross receipts of $250,000 or more; the partnership is required 18 to provide 10 or more schedules K-1 to the partners; or the 19 partnership reports $25,000 or more of Iowa tax credits. 20 If a pass-through entity that is required to file a composite 21 return is required to file an electronic return under section 22 422.14, 422.15, or 422.36, the bill requires the pass-through 23 entity to file the composite return of the pass-through entity 24 in an electronic format for the same taxable year. A composite 25 return generally is a return filed by a pass-through entity 26 that reports the state income of all nonresident owners. 27 The bill requires a corporation to file an electronic return 28 if the corporation has gross receipts of $250,000 or more, or 29 the corporation reports $25,000 or more of Iowa tax credits, or 30 in the case of an S corporation, the corporation is required to 31 issue 10 or more schedules K-1 to the shareholders. 32 The bill requires an affiliated group of corporations to 33 file an electronic return regardless of the amount of gross 34 receipts of the affiliated group or Iowa tax credits claimed. 35 -38- LSB 5321XD (9) 89 jm/jh 38/ 45
S.F. _____ H.F. _____ The bill requires a financial institution (bank) to file an 1 electronic return under any of the following circumstances: 2 the financial institution has gross receipts of $250,000 or 3 more; the financial institution reports $25,000 or more of Iowa 4 tax credits, or in the case of an S corporation, the financial 5 institution is required to issue 10 or more schedules K-1 to 6 the shareholders. 7 The division applies to tax years ending on or after December 8 31, 2022, for a partnership, pass-through entity, corporation, 9 and financial institution, and applies to tax years ending on 10 or after December 31, 2023, for a fiduciary, or for tax years 11 ending on or after December 31 of the calendar year in which 12 the department implements a system for receiving the electronic 13 returns required by the division. 14 DIVISION III —— ELECTRONIC FILING —— CREDIT UNIONS. The 15 bill requires a credit union to file a return in an electronic 16 format specified by DOR. 17 The division applies to tax years ending on or after December 18 31, 2024, or for tax years ending on or after December 31 of the 19 calendar year in which the department implements a system for 20 receiving the electronic returns required by the division. 21 DIVISION IV —— AUTHORITY TO CHARGE FEES. The bill specifies 22 DOR may charge a fee for a copy of a return. The fee may be 23 established by rule. 24 The bill also specifies that this division shall not be 25 construed to prohibit DOR from charging a fee for a copy of 26 a return prior to the enactment of the division pursuant to 27 another authority of DOR. 28 DIVISION V —— AUTHORITY TO ACT ON BEHALF OF TAXPAYER. The 29 bill strikes and replaces provisions relating to the authority 30 to act on behalf of a business entity, and specifies that such 31 a person must be designated to act on behalf of the business 32 entity in tax matters. 33 The bill specifies DOR may authorize a trustee to have 34 authority to act on behalf of a taxpayer, if the trustee 35 -39- LSB 5321XD (9) 89 jm/jh 39/ 45
S.F. _____ H.F. _____ complies with certain conditions requested by DOR including but 1 not limited to providing a copy of the trust agreement. 2 The bill specifies DOR may authorize a person named as 3 general or durable power of attorney to act on behalf of 4 a taxpayer if the person is named in a document which is 5 currently in force. 6 The bill requires a person acting on behalf of a taxpayer 7 must certify that the person possesses actual authority to act 8 on behalf of the entity in tax matters. 9 The bill allows DOR to require any documents or other 10 evidence to demonstrate an individual has authority to act on 11 behalf of the taxpayer before DOR. 12 DIVISION VI —— ELECTRONIC COMMUNICATION. Under the 13 bill, DOR may permit a person to elect to receive a notice, 14 correspondence, or other communication electronically. 15 If a person makes an election to receive an electronic 16 communication, the posting of the electronic communication 17 to the electronic portal of DOR satisfies any requirement of 18 mailing or personal service in title X (financial resources), 19 Code chapter 272D (debt owed state or local government), or 20 Code sections 321.105A (fee for new registration) and 533.329 21 (taxation of credit unions). 22 The bill allows DOR to send any notice, correspondence, or 23 other communication by mail to a person who has elected to 24 receive an electronic communication. 25 DIVISION VII —— INCOME STATEMENTS TO BE PROVIDED TO 26 THE DEPARTMENT. The bill updates and amends Code section 27 422.16(10)(a) relating to the penalties for willful violations 28 of the following: failure to furnish an employee with an 29 income statement; furnishing a false or fraudulent income 30 statement to an employee; failure to file an income statement 31 with DOR; filing a false or fraudulent income statement with 32 DOR; failure to file an annual reporting of taxes withheld with 33 DOR; and filing a false or fraudulent annual reporting of taxes 34 withheld with DOR. Under the bill and in current law, each 35 -40- LSB 5321XD (9) 89 jm/jh 40/ 45
S.F. _____ H.F. _____ violation is punishable by a $500 civil penalty. 1 The bill amends Code section 422.16(10)(b) to specify that a 2 person, withholding agent, or other person required to file a 3 withholding return shall be subject to the penalties provided 4 in Code section 421.27 in addition to the tax or additional tax 5 due. 6 The bill provides that the director may allow additional 7 time for the filing of documents required by section 422.16 8 (withholding income tax) in the case of illness, disability, 9 absence, or if good cause is shown. 10 DIVISION VIII —— REMITTANCES OF TRANSFER TAX. Currently, 11 the county recorder remits the real estate transfer tax to 12 the treasurer of state. The bill changes the remittances 13 of the transfer tax by the county recorder and requires the 14 remittances of the transfer tax by the county recorder be made 15 to the department of revenue. 16 DIVISION IX —— BOARD OF REVIEW ELIGIBILITY. The bill amends 17 Code section 441.32 relating to the removal of a member of a 18 board of review by specifying that if a board member is removed 19 under that Code section, the board member shall not be eligible 20 for appointment to a board of review in this state for six 21 years following the date of the removal. 22 DIVISION X —— EQUALIZATION ADJUSTMENTS —— APPEALS. The 23 bill amends Code section 441.48 to provide that, in addition 24 to the board of supervisors or the city council, a city or 25 county attorney or other official of the county or assessing 26 jurisdiction may provide written notice of intent to appeal 27 an equalization to the department of revenue. The bill also 28 requires the written notice of appeal to be provided within 29 10 days of the notice provided by the department of revenue. 30 Upon receiving a timely notice of intent to appeal, the bill 31 requires the department to schedule a hearing on the proposed 32 adjustment with the county or assessing jurisdiction and 33 specifies the allowable formats for the hearing or written 34 presentation of the appeal. The bill specifies that appeals of 35 -41- LSB 5321XD (9) 89 jm/jh 41/ 45
S.F. _____ H.F. _____ a proposed adjustment are not subject to Code chapter 17A. 1 DIVISION XI —— BUSINESS PROPERTY TAX CREDIT AND ASSESSMENT 2 LIMITATION. Code chapter 426C provides a business property tax 3 credit for commercial, industrial, and railway property for 4 property taxes due and payable in fiscal years beginning on or 5 after July 1, 2014. The business property tax credit is funded 6 from an annual standing appropriation of $125 million. 7 The bill eliminates the annual appropriation for the 8 business property tax credit under Code section 426C.2 for 9 fiscal years beginning on or after July 1, 2023, and provides 10 that moneys remaining in the business property tax credit fund 11 at the end of the fiscal year beginning July 1, 2022, shall be 12 transferred by the department of revenue for deposit in the 13 general fund of the state. The bill also establishes a future 14 repeal date for Code chapter 426C of July 1, 2024. 15 Current Code section 441.21 imposes an assessment limitation 16 (rollback) on commercial property, industrial property, 17 and property valued by the department of revenue under Code 18 chapter 434 (railway company property) of 90 percent for 19 assessment years beginning on or after January 1, 2014. The 20 bill modifies the amount and methodology for calculating the 21 assessment limitation for property units, as defined in the 22 bill, within those classifications of property. Instead of a 23 uniform percentage of value, for valuations established for the 24 assessment year beginning January 1, 2022, and each assessment 25 year thereafter, the portion of actual value at which each 26 property unit of commercial property shall be assessed shall be 27 the sum of the following: (1) an amount equal to the product of 28 the assessment limitation percentage applicable to residential 29 property multiplied by the actual value of the property that 30 exceeds $0 but does not exceed $150,000; and (2) an amount 31 equal to 90 percent of the actual value of the property 32 for that assessment year that exceeds $150,000. The bill 33 establishes a similar provision for industrial property and 34 provides that the assessed value of railway company property 35 -42- LSB 5321XD (9) 89 jm/jh 42/ 45
S.F. _____ H.F. _____ shall be determined in the same manner as commercial property. 1 The bill also establishes an annual payment to local 2 governments based on the modified assessment limitations 3 imposed on that portion of the value of commercial and 4 industrial properties that does not exceed $150,000. For 5 each fiscal year beginning on or after July 1, 2023, there 6 is appropriated from the general fund of the state to the 7 department of revenue the sum of $125 million to be used for 8 such payments. If an amount appropriated for a fiscal year 9 is insufficient to make all payments, the director of revenue 10 shall prorate the payments to the county treasurers. 11 DIVISION XII —— WAGE ASSIGNMENT NOTICE. The bill modifies 12 Code section 421.17B (administrative wage assignment 13 cooperative agreement). Under the bill, the centralized 14 debt collection facility (facility) within the department of 15 revenue may proceed against an obligor if a 20 days’ notice 16 of intent has been sent to the obligor notifying the obligor 17 the facility intends to begin a wage assignment action. The 18 bill specifies the 20 days’ notice period does not apply if the 19 facility determines the collection of past due amounts would 20 be in jeopardy. After the 20 days’ notice period has run, 21 the bill requires the facility to notify the obligor of the 22 initiation of the wage assignment action within two working 23 days of sending the notice to the obligor’s employer, and the 24 facility may obtain multiple wage assignments, if the obligor 25 has multiple employers. 26 DIVISION XIII —— OUT-OF-STATE RECIPROCAL COLLECTIONS. The 27 bill modifies provisions related to out-of-state reciprocal 28 debt collections. Currently, the provisions are limited to 29 the collection of out-of-state tax debt. The bill expands 30 the types of debt the director is able to collect, and allows 31 the director to enter into an agreement with a department in 32 another state to collect the debts being collected by DOR. The 33 bill allows the director to enter into agreements to collect 34 the debts of another state through DOR. The bill requires the 35 -43- LSB 5321XD (9) 89 jm/jh 43/ 45
S.F. _____ H.F. _____ out-of-state debt being collected by DOR to be delinquent and 1 not subject to litigation prior to accepting the collection on 2 such debt. 3 The bill establishes procedures to collect out-of-state debt 4 including procedures for challenging the collection of such 5 debt. The bill allows DOR to collect a fee from the amount of 6 out-of-state debt collected. 7 The bill specifies the DOR may release taxpayer information 8 that otherwise would be confidential when working with an 9 out-of-state department or agency, provided the out-of-state 10 department or agency complies with Iowa confidentiality law. 11 DIVISION XIV —— PASS-THROUGH ENTITY TAXATION. The bill 12 changes the term “state partnership representative” to “state 13 pass-through representative” numerous times. 14 The bill permits a pass-through entity filing a composite 15 return that has a nonrefundable income tax credit carryforward 16 amount attributable to the composite return following the 17 close of the entity’s composite return for the tax year that 18 began during the 2021 calendar year to allocate those income 19 tax credit carryforward amounts to the pass-through entity’s 20 partners, members, beneficiaries, or shareholders in the 21 pass-through entity’s tax year that begins during the 2022 22 calendar year. 23 DIVISION XV —— INHERITANCE TAX —— UNKNOWN HEIRS. Currently, 24 if an heir entitled to an estate interest cannot be found, 25 a tax of 5 percent is paid to the state, until the heir is 26 found, and at such time the correct amount of inheritance tax 27 is recomputed and paid to the state. The bill reduces the 28 inheritance tax on an unknown heir on the same percentage basis 29 the inheritance tax is being reduced in Code section 450.10. 30 The inheritance tax is set to be repealed for decedents dying 31 on or after January 1, 2025. 32 The division applies retroactively to January 1, 2021. 33 DIVISION XVI —— NOTICE REQUIREMENTS FOR PUBLICATION OF 34 INTEREST RATES. The bill strikes a provision requiring the 35 -44- LSB 5321XD (9) 89 jm/jh 44/ 45
S.F. _____ H.F. _____ director to publish the rate of interest in a newspaper, and 1 substitutes this requirement by allowing for the publication of 2 interest rates on the internet site of DOR. 3 DIVISION XVII —— PROPERTY ASSESSMENT APPEAL BOARD —— 4 SALARIES. The general assembly periodically establishes salary 5 ranges for certain appointed state officers and authorizes a 6 person (generally the governor) to establish the salaries of 7 those state officers. In 2013, the general assembly amended 8 the most recent salary range legislation (2008 Iowa Acts, 9 chapter 1191) to add members of the property assessment appeal 10 board to salary range 5 ($73,250 to $112,070). The bill moves 11 members of the property assessment appeal board to salary range 12 6 ($84,240 to $128,890) with the pay period beginning June 24, 13 2022. 14 -45- LSB 5321XD (9) 89 jm/jh 45/ 45