H.F. 715 DIVISION I 1 IOWA EDUCATIONAL SAVINGS PLAN AND FIRST-TIME HOMEBUYERS DUE 2 DATES 3 Section 1. Section 422.7, subsection 22, paragraph a, Code 4 2023, is amended to read as follows: 5 a. Subtract the maximum contribution that may be deducted 6 for Iowa income tax purposes as a participant in the Iowa 7 educational savings plan trust pursuant to section 12D.3, 8 subsection 1 . For purposes of this paragraph, a participant 9 who makes a contribution on or before the date prescribed in 10 section 422.21 for making and filing an individual income tax 11 return, excluding extensions , or the date for making and filing 12 an individual income tax return determined by the director 13 pursuant to an order issued under section 421.17, subsection 14 30 , may elect to be deemed to have made the contribution on the 15 last day of the preceding calendar year. The director, after 16 consultation with the treasurer of state, shall prescribe by 17 rule the manner and method by which a participant may make an 18 election authorized by the preceding sentence. 19 Sec. 2. Section 541B.3, subsection 1, paragraph a, Code 20 2023, is amended to read as follows: 21 a. Beginning January 1, 2018, an An individual may open an 22 interest-bearing savings account with a financial institution 23 and designate the entire account as a first-time homebuyer 24 savings account for the purpose of paying or reimbursing a 25 designated beneficiary’s eligible home costs in connection with 26 a qualified home purchase. The first-time homebuyer savings 27 account designation shall be made no later than April 30 of the 28 year following the tax year during which the account is opened, 29 on forms provided by the department and shall be submitted on 30 or before the date prescribed in section 422.21 for making and 31 filing an individual income tax return, excluding extensions, 32 or the date for making and filing an individual income tax 33 return determined by the director pursuant to an order issued 34 under section 421.17, subsection 30, applicable to the tax year 35 -1- LSB 1239HV (4) 90 jm/jh 1/ 45

H.F. 715 in which the account is opened . 1 Sec. 3. Section 541B.3, subsection 2, paragraph a, Code 2 2023, is amended to read as follows: 3 a. The account holder shall designate one individual as 4 beneficiary of the first-time homebuyer savings account. The 5 designation shall be made on forms provided by the department 6 and no later than April 30 of the year following the tax year 7 during which the account is opened and shall be submitted on 8 or before the date prescribed in section 422.21 for making and 9 filing an individual income tax return, excluding extensions, 10 or the date for making and filing an individual income tax 11 return determined by the director pursuant to an order issued 12 under section 421.17, subsection 30, applicable to the tax 13 year in which the designation is made . The account holder may 14 change the designated beneficiary of the first-time homebuyer 15 savings account at any time. 16 DIVISION II 17 BONUS DEPRECIATION AND INCREASED EXPENSING —— APPLICABILITY 18 Sec. 4. 2018 Iowa Acts, chapter 1161, section 134, is 19 amended to read as follows: 20 SEC. 134. APPLICABILITY. 21 1. This division of this Act applies to tax years beginning 22 on or after the effective date of this division of this Act. 23 2. The repeal of section 422.7, subsections 39, 39B, 43, 24 and 53, and section 422.35, subsections 19, 19B, 20, and 25 24, relating to bonus depreciation under section 168 of the 26 Internal Revenue Code or increased expensing under section 179 27 of the Internal Revenue Code, applies to property placed in 28 service on or after the effective date of this division of this 29 Act. 30 Sec. 5. EFFECTIVE DATE. This division of this Act, being 31 deemed of immediate importance, takes effect upon enactment. 32 Sec. 6. RETROACTIVE APPLICABILITY. This division of this 33 Act applies retroactively to January 1, 2023, for tax years 34 beginning on or after that date. 35 -2- LSB 1239HV (4) 90 jm/jh 2/ 45

H.F. 715 DIVISION III 1 TAX FILING STATUS MODIFICATIONS 2 Sec. 7. Section 422.5, Code 2023, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 12. For tax years beginning on or after 5 January 1, 2023, a taxpayer shall use the same filing status 6 for Iowa income tax purposes as the taxpayer used for federal 7 income tax purposes. 8 Sec. 8. Section 422.7, subsection 4, Code 2023, is amended 9 to read as follows: 10 4. Individual taxpayers and married taxpayers who file a 11 joint federal income tax return and who elect to file a joint 12 return or separate returns for Iowa income tax purposes may 13 avail themselves of the disability income exclusion and shall 14 compute the amount of the disability income exclusion subject 15 to the limitations for joint federal income tax return filers 16 provided by section 105(d) of the Internal Revenue Code. The 17 disability income exclusion provided in section 105(d) of the 18 Internal Revenue Code, as amended up to and including December 19 31, 1982, continues to apply for state income tax purposes for 20 tax years beginning on or after January 1, 1984. 21 Sec. 9. Section 422.7, subsection 5, paragraph a, Code 2023, 22 is amended to read as follows: 23 a. For tax years beginning in the 2023 calendar year, 24 subtract the amount of federal income taxes paid during the tax 25 year to the extent payment is for a tax year beginning prior 26 to January 1, 2023, and add any federal income tax refunds 27 received during the tax year to the extent the federal income 28 tax was deducted for a tax year beginning prior to January 1, 29 2023. Where married persons who have filed a joint federal 30 income tax return file separately for state tax purposes, such 31 total shall be divided between them according to the portion 32 of the total paid by each. Federal income taxes paid for a tax 33 year in which an Iowa return was not required to be filed shall 34 not be subtracted. 35 -3- LSB 1239HV (4) 90 jm/jh 3/ 45

H.F. 715 Sec. 10. Section 422.12B, subsection 2, Code 2023, is 1 amended to read as follows: 2 2. Married taxpayers electing to file separate returns may 3 avail themselves of the earned income credit by allocating the 4 earned income credit to each spouse in the proportion that each 5 spouse’s respective earned income bears to the total combined 6 earned income. Taxpayers affected by the allocation provisions 7 of section 422.8 shall be permitted a deduction for the credit 8 only in the amount fairly and equitably allocable to Iowa under 9 rules prescribed by the director. 10 Sec. 11. Section 422.12C, subsection 4, Code 2023, is 11 amended to read as follows: 12 4. Married taxpayers who have filed joint federal returns 13 electing to file separate returns must determine the child and 14 dependent care credit under subsection 1 or the early childhood 15 development tax credit under subsection 2 based upon their 16 combined net income and allocate the total credit amount to 17 each spouse in the proportion that each spouse’s respective net 18 income bears to the total combined net income. Nonresidents 19 or part-year residents of Iowa must determine their Iowa child 20 and dependent care credit in the ratio of their Iowa source 21 net income to their all source net income. Nonresidents or 22 part-year residents who are married and elect to file separate 23 returns must allocate the Iowa child and dependent care credit 24 between the spouses in the ratio of each spouse’s Iowa source 25 net income to the combined Iowa source net income of the 26 taxpayers. 27 Sec. 12. RETROACTIVE APPLICABILITY. This division of this 28 Act applies retroactively to January 1, 2023, for tax years 29 beginning on or after that date. 30 DIVISION IV 31 WITHHOLDING 32 Sec. 13. Section 99B.8, Code 2023, is amended to read as 33 follows: 34 99B.8 Tax on prizes. 35 -4- LSB 1239HV (4) 90 jm/jh 4/ 45

H.F. 715 All prizes awarded pursuant to a gambling activity under 1 this chapter are Iowa earned income and are subject to state 2 and federal income tax laws. A person conducting a game of 3 skill, game of chance, bingo, or a raffle shall deduct state 4 income taxes, pursuant to section 422.16, subsection 1 2 , from 5 a cash prize awarded to an individual. An amount deducted from 6 the prize for payment of a state tax shall be remitted to the 7 department of revenue on behalf of the prize winner. 8 Sec. 14. Section 99D.16, Code 2023, is amended to read as 9 follows: 10 99D.16 Withholding tax on winnings. 11 All winnings provided in section 99D.11 are Iowa earned 12 income and are subject to state and federal income tax laws. 13 An amount deducted from winnings for payment of the state tax, 14 pursuant to section 422.16, subsection 1 2 , shall be remitted 15 to the department of revenue on behalf of the individual who 16 won the wager. 17 Sec. 15. Section 99F.18, Code 2023, is amended to read as 18 follows: 19 99F.18 Tax on winnings. 20 All winnings derived from slot machines operated pursuant to 21 this chapter are Iowa earned income and are subject to state 22 and federal income tax laws. An amount deducted from winnings 23 for payment of the state tax, pursuant to section 422.16, 24 subsection 1 2 , shall be remitted to the department of revenue 25 on behalf of the winner. 26 Sec. 16. Section 99G.31, subsection 3, paragraph i, Code 27 2023, is amended to read as follows: 28 i. The proceeds of any lottery prize shall be subject to 29 state and federal income tax laws. An amount deducted from the 30 prize for payment of a state tax, pursuant to section 422.16, 31 subsection 1 2 , shall be transferred by the authority to the 32 department of revenue on behalf of the prize winner. 33 Sec. 17. Section 422.16, Code 2023, is amended by striking 34 the section and inserting in lieu thereof the following: 35 -5- LSB 1239HV (4) 90 jm/jh 5/ 45

H.F. 715 422.16 Withholding of income tax at source —— penalties —— 1 interest —— declaration of estimated tax —— bond. 2 1. As used in this section, unless the context otherwise 3 requires, “withholding agent” means any individual, fiduciary, 4 estate, trust, corporation, partnership or association in 5 whatever capacity acting and including all officers and 6 employees of the state of Iowa, or any municipal corporation 7 of the state of Iowa and of any school district or school 8 board of the state, or of any political subdivision of the 9 state of Iowa, or any tax-supported unit of government that is 10 obligated to pay or has control of paying or does pay to any 11 resident or nonresident of the state of Iowa or the resident’s 12 or nonresident’s agent any wages that are subject to the Iowa 13 income tax in the hands of such resident or nonresident, or 14 any of the above-designated entities making payment or having 15 control of making such payment of any taxable Iowa income 16 to any nonresident. The term “withholding agent” shall also 17 include an officer or employee of a corporation or association, 18 or a member or employee of a partnership, who as such officer, 19 employee, or member has the responsibility to perform an act 20 under this section and who subsequently knowingly violates the 21 provisions of this section. The term “withholding agent” shall 22 also include every employer as defined in this subchapter and 23 further defined in the Internal Revenue Code. 24 2. a. (1) Every withholding agent paying wages to an 25 Iowa resident, or nonresident working in Iowa, shall deduct 26 and withhold from the wages an amount which will approximate 27 the annual tax liability of the person on a calendar year 28 basis, calculated on the basis of tables to be prepared by the 29 department and schedules or percentage rates, based on the 30 wages, to be prescribed by the department. 31 (2) Every employee or other person shall declare to the 32 withholding agent the amount of the employee’s or other 33 person’s withholding allowance to be used in applying the 34 tables and schedules or percentage rates. However, the amount 35 -6- LSB 1239HV (4) 90 jm/jh 6/ 45

H.F. 715 of withholding allowance declared shall not exceed the amount 1 to which the employee or other person is entitled except 2 as allowed under sections 3402(m)(1) and 3402(m)(3) of the 3 Internal Revenue Code and as allowed by rules prescribed by the 4 director. The claiming of an amount of withholding allowance 5 in excess of entitlement is a serious misdemeanor. 6 b. (1) In the case of a nonresident having income subject 7 to taxation by Iowa, but not subject to withholding of such 8 tax under this subsection or subject to the provisions of 9 section 422.16B, a withholding agent shall withhold from such 10 income at the same rate as provided in this subsection. A 11 withholding agent and nonresident shall be subject to the 12 provisions of this section, according to the context, except 13 that a withholding agent may be absolved of the requirement to 14 withhold taxes from the income of a nonresident upon receipt of 15 a certificate from the department issued in accordance with the 16 provisions of section 422.17. 17 (2) In the case of a nonresident having income from a trade 18 or business carried on by the nonresident in whole or in part 19 within the state of Iowa, the nonresident shall be considered 20 to be subject to the provisions of this paragraph unless 21 such trade or business is of such nature that the business 22 entity itself, as a withholding agent, is required to and does 23 withhold Iowa income tax from the distributions made to such 24 nonresident from such trade or business. 25 c. For the purposes of this subsection , at a rate specified 26 by the department, state income tax shall be withheld from 27 pensions, annuities, other similar periodic payments, and other 28 income payments under sections 3402(o), 3402(p), 3402(s), 29 3405(a), 3405(b), and 3405(c) of the Internal Revenue Code made 30 to Iowa residents if the payments are subject to Iowa tax. 31 d. For the purposes of this subsection, state income tax 32 shall be withheld on winnings in excess of six hundred dollars 33 derived from gambling activities authorized under chapter 34 99B or 99G. State income tax shall be withheld on winnings 35 -7- LSB 1239HV (4) 90 jm/jh 7/ 45

H.F. 715 in excess of one thousand dollars from gambling activities 1 authorized under chapter 99D. State income tax shall be 2 withheld on winnings in excess of one thousand two hundred 3 dollars derived from slot machines authorized under chapter 4 99F. 5 e. For the purposes of this subsection, state income tax 6 shall be withheld at the highest rate described in section 7 422.5A from supplemental wages of an employee in those 8 circumstances in which the employer treats the supplemental 9 wages as wholly separate from regular wages for purposes 10 of withholding and federal income tax is withheld from the 11 supplemental wages under section 3402(g) of the Internal 12 Revenue Code. 13 3. a. A withholding agent is not required to withhold 14 state income tax from payments subject to taxation made 15 to a nonresident for commodity credit certificates, grain, 16 livestock, domestic fowl, or other agricultural commodities 17 or products sold to a withholding agent by a nonresident or 18 the nonresident’s representative, if the withholding agent 19 provides on forms prescribed by the department information 20 relating to the sales required by the department to determine 21 the state income tax liabilities of a nonresident. However, 22 a withholding agent may elect to make estimated tax payments 23 on behalf of a nonresident on the basis of the net income of 24 the nonresident from the agricultural commodities or products, 25 if the estimated tax payments are made on or before the last 26 day of the first month after the end of the tax years of the 27 nonresident. 28 b. Nonresidents engaged in any facet of feature film, 29 television, or educational production using the film or 30 videotape disciplines in the state are not subject to Iowa 31 withholding if the employer has applied to the department for 32 exemption from the withholding requirement and the department 33 has determined that any nonresident receiving wages would be 34 entitled to a credit against Iowa income taxes paid. 35 -8- LSB 1239HV (4) 90 jm/jh 8/ 45

H.F. 715 c. Individuals described in section 29C.24 are not subject 1 to withholding, as provided in that section. 2 4. a. A withholding agent required to deduct and withhold 3 tax under subsection 2 shall file a return on or before the 4 last day of the month following the quarterly period on forms 5 prescribed by the director and remit to the department the 6 amount of tax due at the following frequencies: 7 (1) A withholding agent shall remit income tax withheld on 8 a quarterly basis if the withholding agent withholds less than 9 six thousand dollars annually and no more than five hundred 10 dollars in any one month. Payment shall be due on the same day 11 as the quarterly return. 12 (2) A withholding agent shall remit income tax withheld on 13 a monthly basis if the withholding agent withholds more than 14 five hundred dollars in any one month and not more than five 15 thousand dollars in a semimonthly period. Payment shall be 16 made on or before the fifteenth day of the month following 17 the month of withholding, except that a deposit for the third 18 month in a calendar quarter shall be due on the same day as the 19 quarterly return. 20 (3) A withholding agent shall remit income tax withheld on 21 a semimonthly basis if the withholding agent withholds more 22 than five thousand dollars in a semimonthly period. The first 23 semimonthly deposit for the period from the first of the month 24 through the fifteenth of the month is due on the twenty-fifth 25 day of the month in which the withholding occurs. The second 26 monthly deposit for the period from the sixteenth of the month 27 through the end of the month is due on the tenth day of the 28 month following the month in which the withholding occurs. 29 (4) A withholding agent may elect to remit on an annual 30 basis if the withholding agent employs not more than two 31 employees and expects to employ the employees for the full 32 calendar year. The electing withholding agent shall remit the 33 full amount of income taxes required to be withheld from the 34 wages of the employees for the full calendar year with the 35 -9- LSB 1239HV (4) 90 jm/jh 9/ 45

H.F. 715 quarterly return for the first calendar quarter. The amount 1 to be paid shall be computed as if the employees were employed 2 for the full calendar year for the same wages and with the 3 same pay periods as prevailed during the first quarter of the 4 year with respect to such employees. The electing withholding 5 agent shall only remit the lump sum payment with the written 6 consent of all employees involved. The withholding agent shall 7 be entitled to recover from the employee any part of the lump 8 sum payment that represents an advance to the employee. If 9 a withholding agent pays a lump sum with the first quarterly 10 return, the withholding agent shall be excused from filing 11 further quarterly returns for the calendar year involved unless 12 the withholding agent hires other or additional employees. 13 b. Every withholding agent on or before February 15 14 following the close of the calendar year in which the 15 withholding occurs shall send to the department copies of 16 income statements required by subsection 8. At the discretion 17 of the director, the withholding agent shall not be required to 18 send income statements if the information is available from the 19 internal revenue service or other state or federal agencies. 20 c. If the director has reason to believe that the collection 21 of the tax provided for in subsection 2 is in jeopardy, the 22 director may require the withholding agent to file a return 23 as required in paragraph “a” , and pay the tax at any time, in 24 accordance with section 422.30. The director may authorize 25 incorporated banks, trust companies, or other depositories 26 authorized by law which are depositories or financial agents of 27 the United States or of this state, to receive any tax imposed 28 under this chapter, in the manner, at the times, and under the 29 conditions the director prescribes. The director shall also 30 prescribe the manner, times, and conditions under which the 31 receipt of the tax by those depositories is to be treated as 32 payment of the tax to the department. 33 d. The director, in cooperation with the department of 34 management, may periodically change the filing and remittance 35 -10- LSB 1239HV (4) 90 jm/jh 10/ 45

H.F. 715 thresholds by administrative rule if in the best interest of 1 the state and the taxpayer. 2 5. Every withholding agent who fails to withhold or pay to 3 the department any sums required by this chapter to be withheld 4 and paid, shall be personally, individually, and corporately 5 liable to the state of Iowa, and any sum withheld in accordance 6 with the provisions of subsection 2, shall be deemed to be 7 held in trust for the state of Iowa. Notwithstanding section 8 489.304, this subsection applies to a member or manager of a 9 limited liability company. 10 6. In the event a withholding agent fails to withhold and 11 pay over to the department any amount required to be withheld 12 under subsection 2, such amount may be assessed against 13 such withholding agent in the same manner as prescribed for 14 the assessment of income tax under the provisions of this 15 subchapter and subchapter VI. 16 7. Whenever the director determines that any withholding 17 agent has failed to withhold or pay over to the department sums 18 required to be withheld under subsection 2, the unpaid amount 19 shall be a lien as described in section 422.26, shall attach 20 to the property of that withholding agent, and in all other 21 respects the procedure with respect to such lien shall apply 22 as set forth in section 422.26. 23 8. a. Every withholding agent required to deduct and 24 withhold tax under subsection 2 shall furnish to each employee, 25 nonresident, or other person with respect to the income 26 paid by the employer or withholding agent to each employee, 27 nonresident, or other person during the calendar year, on or 28 before January 31 of the succeeding year, or, in the case of 29 an employee, if the employment of the employee is terminated 30 before the close of the calendar year, within thirty days from 31 the day on which the last payment of wages or other taxable 32 income is made, if requested by the employee, but not later 33 than January 31 of the following year, an income statement 34 showing all of the following: 35 -11- LSB 1239HV (4) 90 jm/jh 11/ 45

H.F. 715 (1) The name and address of the employer or withholding 1 agent, and the taxpayer identification number of the employer 2 or withholding agent. 3 (2) The name of the employee, nonresident, or other person 4 and the taxpayer identification number of that employee, 5 nonresident, or other person, together with the last known 6 address of the employee, nonresident, or other person to whom 7 wages or other taxable income has been paid during the period. 8 (3) The gross amount of wages or other taxable income paid 9 to the employee, nonresident, or other person. 10 (4) The total amount deducted and withheld as tax under the 11 provisions of subsection 2. 12 (5) The total amount of federal income tax withheld. 13 b. An income statement required to be furnished by this 14 subsection with respect to any wages or other taxable Iowa 15 income or any additional information required to be displayed 16 on the income statement shall be in such form or forms as the 17 director may prescribe by rule. 18 9. A withholding agent shall be liable for the payment of 19 the tax required to be deducted and withheld or the amount 20 actually deducted, whichever is greater, under subsection 21 2. Any amount deducted and withheld as tax under subsection 22 2 during any calendar year upon the wages of any employee, 23 nonresident, or other person shall be allowed as a credit to 24 the employee, nonresident, or other person against the tax 25 imposed by section 422.5 for the tax year in which it was 26 withheld, irrespective of whether or not such tax has been, or 27 will be, paid by the withholding agent to the department as 28 provided by this chapter. 29 10. a. If the amount of income tax withheld by the 30 withholding agent on behalf of an employee, nonresident, or 31 other person after complying with this section is more than the 32 income tax liability of said employee, nonresident, or other 33 person as determined under the provisions of this subchapter, 34 the overpayment of tax may first be credited against any income 35 -12- LSB 1239HV (4) 90 jm/jh 12/ 45

H.F. 715 tax or installment payment then due the state of Iowa by 1 the employee, nonresident, or other person for the tax year, 2 and any balance of one dollar or more shall be refunded to 3 the employee, nonresident, or other person with interest in 4 accordance with section 421.60, subsection 2, paragraph “e” . 5 b. Amounts less than one dollar shall be refunded to the 6 taxpayer, nonresident, or other person only upon written 7 application, in accordance with section 422.73, and only if the 8 application is filed within twelve months after the due date 9 of the return. 10 c. Refunds in the amount of one dollar or more provided 11 for by this subsection shall be paid by the treasurer of 12 state by warrants drawn by the director of the department of 13 administrative services, or an authorized employee of the 14 department of administrative services, and the taxpayer’s 15 return of income shall constitute a claim for refund for this 16 purpose, except in respect to amounts of less than one dollar. 17 There is appropriated, out of any funds in the state treasury 18 not otherwise appropriated, a sum sufficient to carry out the 19 provisions of this subsection. 20 11. a. In addition to any other penalty provided by law, 21 a withholding agent required to furnish or file an income 22 statement required by this chapter is subject to a civil 23 penalty of five hundred dollars for each occurrence of the 24 following: 25 (1) Willful failure to furnish an employee, nonresident, or 26 other person with an income statement. 27 (2) Willfully furnishing an employee, nonresident, or other 28 person with a false or fraudulent income statement. 29 (3) Willful failure to file an income statement with the 30 department. 31 (4) Willfully filing a false or fraudulent income statement 32 with the department. 33 b. A withholding agent is subject to the penalty as provided 34 in section 421.27. Any penalty assessed under section 421.27 35 -13- LSB 1239HV (4) 90 jm/jh 13/ 45

H.F. 715 shall be in addition to the tax or additional tax due under 1 this section. The taxpayer shall also pay interest on the tax 2 or additional tax at the rate in effect under section 421.7, 3 for each month counting each fraction of a month as an entire 4 month, computed from the date the semimonthly, monthly, or 5 quarterly deposit form was required to be filed. The penalty 6 and interest become a part of the tax due from the withholding 7 agent. 8 c. If any withholding agent, being a domestic or foreign 9 corporation, required under the provisions of this section 10 to withhold on wages or other taxable Iowa income subject to 11 this chapter, fails to withhold the amounts required to be 12 withheld, make the required returns or remit to the department 13 the amounts withheld, the director may, having exhausted 14 all other means of enforcement of the provisions of this 15 chapter, certify such fact or facts to the secretary of state, 16 who shall thereupon cancel the articles of incorporation or 17 foreign registration statement, as the case may be, of such 18 corporation, and the rights of such corporation to carry on 19 business in the state of Iowa shall cease. The secretary of 20 state shall immediately notify by registered mail such domestic 21 or foreign corporation of the action taken by the secretary of 22 state. The provisions of section 422.40, subsection 3, shall 23 be applicable. 24 d. The department shall, upon request of any fiduciary, 25 furnish said fiduciary with a certificate of acquittance 26 showing that no liability as a withholding agent exists with 27 respect to the estate or trust for which said fiduciary acts, 28 provided the department has determined that there is no such 29 liability. 30 12. a. (1) Taxpayers filing a return shall make estimated 31 tax payments if their Iowa income tax liability can reasonably 32 be expected to amount to two hundred dollars or more for the 33 year. 34 (2) In the cases of farmers and fishermen, the exceptions 35 -14- LSB 1239HV (4) 90 jm/jh 14/ 45

H.F. 715 provided in the Internal Revenue Code with respect to making 1 estimated payments apply. 2 b. (1) The estimated tax shall be paid in quarterly 3 installments. The first installment shall be paid on or before 4 the last day of the fourth month of the taxpayer’s tax year for 5 which the estimated payments apply. The other installments 6 shall be paid on or before the last day of the sixth month of 7 the tax year, the last day of the ninth month of the tax year, 8 and the last day of the first month after the tax year. A 9 taxpayer may elect to pay an installment prior to the due date. 10 (2) If a taxpayer filing a return has reason to believe that 11 the taxpayer’s Iowa income tax may increase or decrease, either 12 for purposes of meeting the requirement to make estimated 13 tax payments or for the purpose of increasing or decreasing 14 estimated tax payments, the taxpayer shall increase or decrease 15 any subsequent estimated tax payments accordingly. 16 (3) Any tax still payable after applying credits for taxes 17 paid through withholding, estimated tax, and composite return 18 tax, is due and payable on or before the end of the fourth month 19 following the close of the tax year. 20 c. If a taxpayer is unable to make the taxpayer’s estimated 21 tax payments, the payments may be made by a duly authorized 22 agent, or by the guardian or other person charged with the care 23 of the person or property of the taxpayer. 24 d. (1) Estimated tax paid is a credit against the amount 25 of tax found payable on a final, completed return, as provided 26 in subsection 10, relating to the credit for the tax withheld 27 against the tax found payable on a return properly and 28 correctly prepared under sections 422.5 through 422.25. 29 (2) Any overpayment of one dollar or more shall be refunded 30 to the taxpayer and the return constitutes a claim for refund 31 for this purpose. Amounts less than one dollar shall not be 32 refunded. 33 (3) The method provided by section 6654 of the Internal 34 Revenue Code for determining what is applicable to the addition 35 -15- LSB 1239HV (4) 90 jm/jh 15/ 45

H.F. 715 to tax for underpayment of the tax payable applies to persons 1 required to make payments of estimated tax under this section 2 except the amount to be added to the tax for underpayment of 3 estimated tax is an amount determined at the rate in effect 4 under section 421.7. This addition to tax specified for 5 underpayment of the tax payable is not subject to waiver 6 provisions relating to reasonable cause, except as provided in 7 the Internal Revenue Code. Underpayment of estimated tax shall 8 be determined in the same manner as provided under the Internal 9 Revenue Code and the exceptions in the Internal Revenue Code 10 also apply. 11 e. In lieu of claiming a refund, the taxpayer may elect to 12 have the overpayment shown on the taxpayer’s final, completed 13 return for the taxable year credited to the taxpayer’s tax 14 liability for the following taxable year. 15 13. The director shall enter into an agreement with the 16 secretary of the treasury of the United States with respect to 17 withholding of income tax as provided by this chapter, pursuant 18 to an Act of Congress, section 1207 of the Tax Reform Act of 19 1976, Pub. L. No. 94-455, amending 5 U.S.C. §5517. 20 14. a. The director may, when necessary and advisable 21 in order to secure the collection of the tax required to 22 be deducted and withheld or the amount actually deducted, 23 whichever is greater, require a withholding agent to file with 24 the director a bond, issued by a surety company authorized to 25 conduct business in this state and approved by the insurance 26 commissioner as to solvency and responsibility, in an amount 27 as the director may fix, to secure the payment of the tax and 28 penalty due or which may become due. In lieu of the bond, 29 securities shall be kept in the custody of the department and 30 may be sold by the director at public or private sale, without 31 notice to the depositor, if it becomes necessary to do so in 32 order to recover any tax and penalty due. Upon a sale, any 33 surplus above the amounts due under this section shall be 34 returned to the withholding agent who deposited the securities. 35 -16- LSB 1239HV (4) 90 jm/jh 16/ 45

H.F. 715 b. If the withholding agent fails to file the bond as 1 requested by the director to secure collection of the tax, the 2 withholding agent is subject to penalty for failure to file the 3 bond. The penalty is equal to fifteen percent of the tax the 4 withholding agent is required to withhold on an annual basis. 5 However, the penalty shall not exceed five thousand dollars. 6 15. The director may allow additional time for filing 7 documents required under this section with the department in 8 the case of illness, disability, absence, or if good cause is 9 shown. 10 Sec. 18. Section 422.16B, subsection 7, Code 2023, is 11 amended to read as follows: 12 7. All powers of the director and requirements of the 13 director apply to returns filed under this section including 14 but not limited to the provisions of this subchapter and 15 subchapter VI . The provisions of section 422.16, subsection 2 16 4 , paragraph “c” , and subsections 6, 10 7, 11 , and 14, applying 17 to withholding agents, shall apply in the same manner to 18 pass-through entities under this section . 19 Sec. 19. Section 422.17, Code 2023, is amended to read as 20 follows: 21 422.17 Certificate issued by department to make payments 22 without withholding. 23 Any nonresident whose Iowa income is not subject to section 24 422.16, subsection 1 2, paragraph “a” , “c” , “d” , or “e” , in 25 whole or in part, and who elects to be governed by section 26 422.16, subsection 12 2, paragraph “b” , to the extent that the 27 nonresident pays the entire amount of tax properly estimated on 28 or before the last day of the fourth month of the nonresident’s 29 tax year, for the year, may for the year of the election 30 and payment, be granted a certificate from the department 31 authorizing each withholding agent, the income from whom the 32 nonresident has considered in the payment of estimated tax and 33 to the extent the income is included in the estimate, to make 34 payments of income to the nonresident without withholding tax 35 -17- LSB 1239HV (4) 90 jm/jh 17/ 45

H.F. 715 from those payments. Withholding agents, if payments exceed 1 the tax liability estimated by the nonresident as indicated 2 upon the certificate, shall withhold tax in accordance with 3 section 422.16, subsection 12 2, paragraph “b” . 4 DIVISION V 5 FUTURE CORRESPONDING CHANGE 6 Sec. 20. Section 422.16, subsection 2, paragraph e, Code 7 2023, as amended in this Act, is amended to read as follows: 8 e. For the purposes of this subsection, state income tax 9 shall be withheld at the highest rate described in section 10 422.5A 422.5 from supplemental wages of an employee in those 11 circumstances in which the employer treats the supplemental 12 wages as wholly separate from regular wages for purposes 13 of withholding and federal income tax is withheld from the 14 supplemental wages under section 3402(g) of the Internal 15 Revenue Code. 16 Sec. 21. EFFECTIVE DATE. This division of this Act takes 17 effect January 1, 2026. 18 DIVISION VI 19 SETTLEMENT AUTHORITY —— NOTICE OF ASSESSMENT —— ESTIMATION OF 20 TAX 21 Sec. 22. Section 421.5, Code 2023, is amended by striking 22 the section and inserting in lieu thereof the following: 23 421.5 Settling claims for taxes, penalties, and interest —— 24 abatement. 25 1. As used in this section: 26 a. “Department” means the department of revenue. 27 b. “Settle” or “settlement” includes any compromise or 28 abatement of any taxes, penalties, or interest. 29 2. In addition to the authority granted to the department 30 pursuant to section 17A.10 and notwithstanding section 7D.9, 31 the department may, in its sole discretion, settle any taxes, 32 penalties, or interest. 33 3. The department may enter into a settlement in the 34 case of doubtful liability, doubtful collectability, severe 35 -18- LSB 1239HV (4) 90 jm/jh 18/ 45

H.F. 715 economic hardship, or to promote effective tax administration, 1 regardless of whether the amount was the subject of a timely 2 filed appeal or return. 3 4. Whenever a settlement is made, the department shall 4 make a complete record of the case showing the tax assessed or 5 claimed due, tax refund claimed, recommendations, reports, and 6 audits of departmental personnel if any, the taxpayer’s grounds 7 for dispute or contest together with all of the evidence, and 8 the amounts, conditions, and settlement of the same. 9 5. A taxpayer shall not have the right to a settlement of 10 any tax, penalty, or interest liability under this section. 11 Any determination by the department regarding the settlement 12 shall be discretionary and shall be final and conclusive except 13 in the case of fraud, mutual mistake of material fact, or as 14 otherwise stated in a written settlement agreement between the 15 taxpayer and the department. 16 6. The department may require an application for relief 17 under this section. 18 7. The department shall adopt rules to administer this 19 section. 20 Sec. 23. Section 421.10, Code 2023, is amended to read as 21 follows: 22 421.10 Appeal period —— applicability. 23 The appeal period for revision of assessment of tax, 24 interest, and penalties set out under section 422.28 , 423.37 , 25 437A.9 , 437A.22 , 437B.5 , 437B.18 , 452A.64 , 453A.29 , or 453A.46 26 applies to appeals to notices from the department denying 27 changes in filing methods, denying refund claims, and denying 28 portions of refund claims for the tax covered by that section, 29 and notices of any adverse department action directed to a 30 specific taxpayer, other than licensing, which involves a 31 calculation. 32 Sec. 24. Section 421.60, subsection 2, paragraphs i and m, 33 Code 2023, are amended by striking the paragraphs. 34 Sec. 25. Section 421B.11, subsection 3, Code 2023, is 35 -19- LSB 1239HV (4) 90 jm/jh 19/ 45

H.F. 715 amended to read as follows: 1 3. Judicial review of the actions of the director may be 2 sought in accordance with section 422.29 and chapter 17A and 3 section 423.38 . 4 Sec. 26. Section 422.25, subsection 1, paragraph c, Code 5 2023, is amended to read as follows: 6 c. (1) The period for examination and determination of the 7 correct amount of tax is unlimited in the case of a false or 8 fraudulent return made with the intent to evade tax or in the 9 case of a failure to file a return. 10 (2) If a person required to file a return with the 11 department fails to file the return with the department, the 12 department may, at any time, estimate the tax due based upon 13 information or knowledge the department is able to obtain. 14 (3) If the department estimates an amount of tax under 15 subparagraph (2), the following shall apply: 16 (a) The department shall issue a notice of assessment 17 to the person for which the tax is estimated in accordance 18 with section 421.60. The notice of assessment shall not be 19 appealable pursuant to section 422.28 or 422.29, except to 20 appeal the determination that the person is required to file a 21 return. 22 (b) The department shall include a statement with the 23 notice that if the person files a return within three years 24 from the date on the notice of assessment, the department 25 may replace the assessment with the amount shown due on the 26 person’s return, plus any applicable penalty and interest, 27 and the department may examine that return and determine the 28 tax, penalty, and interest within the period provided in this 29 section. 30 (c) If the person fails to file a return within three years 31 from the date on the notice of assessment, the person may pay 32 the tax, penalty, and interest and file a refund claim within 33 the time period provided in section 422.73, or may request 34 relief under section 421.5. 35 -20- LSB 1239HV (4) 90 jm/jh 20/ 45

H.F. 715 Sec. 27. Section 422.75, Code 2023, is amended to read as 1 follows: 2 422.75 Statistics —— publication. 3 The department shall prepare and publish an annual report 4 which shall include statistics reasonably available, with 5 respect to the operation of this chapter , including amounts 6 collected, classification of taxpayers, and such other facts 7 as are deemed pertinent and valuable. The annual report shall 8 also include the reports and information required pursuant to 9 section 421.60, subsection 2 , paragraphs “i” and paragraph “l” . 10 Sec. 28. Section 423.33, subsection 1, paragraphs a and b, 11 Code 2023, are amended to read as follows: 12 a. If a purchaser fails to pay sales tax to the retailer 13 required to collect the tax, then in addition to all of the 14 rights, obligations, and remedies provided, a use tax is 15 payable by the purchaser directly to the department, and 16 sections 423.31 , 423.37 , 423.38 , 423.39 , 423.40 , 423.41 , and 17 423.42 apply to the purchaser. 18 b. For failure to pay the sales or use tax as described 19 in paragraph “a” , the retailer and purchaser are jointly 20 liable, unless the circumstances described in section 29C.24, 21 subsection 3 , paragraph “a” , subparagraph (2), section 421.60, 22 subsection 2 , paragraph “m” , section 423.34A , or section 23 423.45, subsection 4 , paragraph “b” or “e” , or subsection 5 , 24 paragraph “c” or “e” , are applicable. 25 Sec. 29. Section 423.33, subsection 3, Code 2023, is amended 26 to read as follows: 27 3. Event sponsor’s liability for sales or use tax. A person 28 sponsoring a flea market or a craft, antique, coin, or stamp 29 show or similar event shall obtain from every retailer selling 30 tangible personal property, specified digital products, or 31 taxable services at the event proof that the retailer possesses 32 a valid sales or use tax permit or secure from the retailer 33 a statement, taken in good faith, that tangible personal 34 property, specified digital products, or services offered for 35 -21- LSB 1239HV (4) 90 jm/jh 21/ 45

H.F. 715 sale are not subject to sales tax. Failure to do so renders 1 a sponsor of the event liable for payment of any sales tax, 2 interest, and penalty due and owing from any retailer selling 3 property or services at the event. Sections 423.31 , 423.37 , 4 423.38 , 423.39 , 423.40 , 423.41 , and 423.42 apply to the 5 sponsors. For purposes of this subsection , a “person sponsoring 6 a flea market or a craft, antique, coin, or stamp show or similar 7 event” does not include a marketplace facilitator as defined in 8 section 423.14A, subsection 1 , an organization which sponsors 9 an event determined to qualify as an event involving casual 10 sales pursuant to section 423.3, subsection 39 , or the state 11 fair or a fair as defined in section 174.1 . 12 Sec. 30. Section 423.37, subsection 1, Code 2023, is amended 13 to read as follows: 14 1. a. As soon as practicable after a return is filed and 15 in any event within three years after the return is filed, 16 the department shall may examine it the return , assess and 17 determine the tax due if the return is found to be incorrect, 18 and give notice to the person liable for the tax of the 19 assessment and determination as provided in subsection 2 20 paragraph “b” . If a return, when filed, is incorrect or 21 insufficient, the department shall determine the amount of 22 tax due from information or knowledge the department is able 23 to obtain. The determination may be made using any generally 24 recognized valid and reliable sampling technique, whether or 25 not the person being audited has complete records, and if 26 mutually agreed upon by the department and the person being 27 audited . The period for the examination and determination of 28 the correct amount of tax is unlimited in the case of a false or 29 fraudulent return made with the intent to evade tax or in the 30 case of a failure to file a return . 31 b. The department shall issue a notice of assessment in 32 accordance with section 421.60. The notice shall be appealable 33 pursuant to sections 422.28 and 422.29. If the person fails to 34 appeal the notice of assessment, the person may pay the tax, 35 -22- LSB 1239HV (4) 90 jm/jh 22/ 45

H.F. 715 penalty, and interest and file a refund claim within the time 1 period provided in section 422.73, or may request relief under 2 section 421.5. 3 Sec. 31. Section 423.37, subsection 2, Code 2023, is amended 4 by striking the subsection and inserting in lieu thereof the 5 following: 6 2. a. If a return required by this subchapter is not filed, 7 the period for examination and determination of the correct 8 amount of tax is unlimited. The department may, at any time, 9 estimate the tax due from the information or knowledge the 10 department is able to obtain. 11 b. If the department estimates an amount of tax under this 12 subsection, the following shall apply: 13 (1) The department shall issue a notice of assessment 14 to the person for which the tax is estimated in accordance 15 with section 421.60. The notice of assessment shall not be 16 appealable pursuant to sections 422.28 and 422.29, except to 17 appeal the determination that the person is required to file 18 the return. 19 (2) The department shall include a statement with the 20 notice that if the person files a return within three years 21 from the date on the notice of assessment, the department 22 may replace the assessment with the amount shown due on the 23 person’s return, plus any applicable penalty and interest, 24 and the department may examine that return and determine the 25 tax, penalty, and interest within the period provided in this 26 section. 27 (3) If the person fails to file a return within three years 28 from the date on the notice of assessment, the person may pay 29 the tax, penalty, and interest and file a refund claim within 30 the time period provided in section 422.73, or may request 31 relief under section 421.5. 32 Sec. 32. Section 423.45, subsection 4, paragraph b, Code 33 2023, is amended to read as follows: 34 b. The sales tax liability for all sales of tangible 35 -23- LSB 1239HV (4) 90 jm/jh 23/ 45

H.F. 715 personal property and specified digital products and all sales 1 of services is upon the seller and the purchaser unless the 2 seller takes from the purchaser a valid exemption certificate 3 stating under penalty of perjury that the purchase is for a 4 nontaxable purpose and is not a retail sale as defined in 5 section 423.1 , or the seller is not obligated to collect tax 6 due, or unless the seller takes a fuel exemption certificate 7 pursuant to subsection 5 . If the tangible personal property, 8 specified digital products, or services are purchased tax free 9 pursuant to a valid exemption certificate and the tangible 10 personal property, specified digital products, or services are 11 used or disposed of by the purchaser in a nonexempt manner, the 12 purchaser is solely liable for the taxes and shall remit the 13 taxes directly to the department and sections 423.31 , 423.37 , 14 423.38 , 423.39 , 423.40 , 423.41 , and 423.42 shall apply to the 15 purchaser. 16 Sec. 33. Section 423.45, subsection 5, paragraphs c and d, 17 Code 2023, are amended to read as follows: 18 c. The seller may accept a completed fuel exemption 19 certificate, as prepared by the purchaser, for three 20 years unless the purchaser files a new completed exemption 21 certificate. If the fuel is purchased tax free pursuant to a 22 fuel exemption certificate which is taken by the seller, and 23 the fuel is used or disposed of by the purchaser in a nonexempt 24 manner, the purchaser is solely liable for the taxes, and shall 25 remit the taxes directly to the department and sections 423.31 , 26 423.37 , 423.38 , 423.39 , 423.40 , 423.41 , and 423.42 shall apply 27 to the purchaser. 28 d. The purchaser may apply to the department for its 29 review of the fuel exemption certificate. In this event, the 30 department shall review the fuel exemption certificate within 31 twelve months from the date of application and determine the 32 correct amount of the exemption. If the amount determined 33 by the department is different than the amount that the 34 purchaser claims is exempt, the department shall promptly 35 -24- LSB 1239HV (4) 90 jm/jh 24/ 45

H.F. 715 notify the purchaser of the determination. Failure of the 1 department to make a determination within twelve months from 2 the date of application shall constitute a determination that 3 the fuel exemption certificate is correct as submitted. A 4 determination of exemption by the department is final unless 5 the purchaser appeals to the director for a revision of the 6 determination within sixty days after the date of the notice 7 of determination. The director shall grant a hearing, and 8 upon the hearing, the director shall determine the correct 9 exemption and notify the purchaser of the decision by mail. 10 The decision of the director is final unless the purchaser 11 seeks judicial review of the director’s decision under section 12 423.38 422.29 within sixty days after the date of the notice 13 of the director’s decision. Unless there is a substantial 14 change, the department shall not impose penalties pursuant 15 to section 423.40 both retroactively to purchases made after 16 the date of application and prospectively until the department 17 gives notice to the purchaser that a tax or additional tax is 18 due, for failure to remit any tax due which is in excess of a 19 determination made under this section . A determination made by 20 the department pursuant to this subsection does not constitute 21 an audit for purposes of section 423.37 . 22 Sec. 34. Section 423.57, Code 2023, is amended to read as 23 follows: 24 423.57 Statutes applicable. 25 The director shall administer this subchapter as it relates 26 to the taxes imposed in this chapter in the same manner and 27 subject to all the provisions of, and all of the powers, 28 duties, authority, and restrictions contained in sections 29 423.14 , 423.14A , 423.14B , 423.15 , 423.16 , 423.17 , 423.19 , 30 423.20 , 423.21 , 423.22 , 423.23 , 423.24 , 423.25 , 423.29 , 423.31 , 31 423.33 , 423.34 , 423.34A , 423.35 , 423.37 , 423.38 , 423.39 , 32 423.40 , 423.41 , and 423.42 , section 423.43, subsection 1 , and 33 sections 423.45 , 423.46 , and 423.47 . 34 Sec. 35. NEW SECTION . 452A.23 Motor fuel tax —— 35 -25- LSB 1239HV (4) 90 jm/jh 25/ 45

H.F. 715 administration by department. 1 The department shall administer the taxes imposed by this 2 chapter in the same manner as and subject to section 422.25, 3 subsection 4, section 423.35, and section 423.37. 4 Sec. 36. Section 452A.66, Code 2023, is amended to read as 5 follows: 6 452A.66 Statutes applicable to motor fuel tax. 7 1. The appropriate state agency shall administer the taxes 8 imposed by this chapter in the same manner as and subject to 9 section 422.25, subsection 4 , and section 423.35 . 10 2. All the provisions of section 422.26 shall apply in 11 respect to the taxes, penalties, interest, and costs imposed 12 by this chapter excepting that as applied to any tax imposed 13 by this chapter , the lien provided in section 422.26 shall 14 be prior and paramount over all subsequent liens upon any 15 personal property within this state, or right to such personal 16 property, belonging to the taxpayer without the necessity of 17 recording as provided in section 422.26 . The requirements for 18 recording shall, as applied to the tax imposed by this chapter , 19 apply only to the liens upon real property. When requested to 20 do so by any person from whom a taxpayer is seeking credit, 21 or with whom the taxpayer is negotiating the sale of any 22 personal property, or by any other person having a legitimate 23 interest in such information, the director shall, upon being 24 satisfied that such a situation exists, inform such person as 25 to the amount of unpaid taxes due by such taxpayer under the 26 provisions of this chapter . The giving of such information 27 under such circumstances shall not be deemed a violation of 28 section 452A.63 as applied to this chapter . 29 Sec. 37. Section 453A.28, subsection 1, Code 2023, is 30 amended to read as follows: 31 1. a. If after any audit, examination of records, or 32 other investigation the department finds that any person has 33 sold cigarettes without stamps affixed or that any person 34 responsible for paying the tax has not done so as required by 35 -26- LSB 1239HV (4) 90 jm/jh 26/ 45

H.F. 715 this subchapter , the department shall fix and determine the 1 amount of tax due, and shall assess the tax against the person, 2 together with a penalty as provided in section 421.27 . The 3 taxpayer shall pay interest on the tax or additional tax at the 4 rate determined under section 421.7 counting each fraction of 5 a month as an entire month, computed from the date the tax was 6 due. If any person fails to furnish evidence satisfactory to 7 the director showing purchases of sufficient stamps to stamp 8 unstamped cigarettes purchased by the person, the presumption 9 shall be that the cigarettes were sold without the proper 10 stamps affixed. Within three years after the report is filed 11 or within three years after the report became due, whichever is 12 later, the department shall examine the report and determine 13 the correct amount of tax. The period for examination and 14 determination of the correct amount of tax is unlimited in the 15 case of a false or fraudulent report made with the intent to 16 evade tax, or in the case of a failure to file a report, or if a 17 person purchases or is in possession of unstamped cigarettes. 18 b. If the department issues an estimated assessment due to 19 failure to file a report, the procedures described in section 20 423.37, subsections 1 and 2, shall apply to taxes, fees, and 21 interest imposed under this subchapter in the same manner and 22 with the same effect as the provisions apply to the taxes 23 imposed under chapter 423. 24 Sec. 38. Section 453A.46, subsection 1, paragraph a, Code 25 2023, is amended to read as follows: 26 a. (1) On or before the twentieth day of each calendar 27 month every distributor with a place of business in this state 28 shall file a return with the director showing for the preceding 29 calendar month the quantity and wholesale sales price of each 30 tobacco product brought, or caused to be brought, into this 31 state for sale; made, manufactured, or fabricated in this state 32 for sale in this state; and any other information the director 33 may require. Every licensed distributor outside this state 34 shall in like manner file a return with the director showing 35 -27- LSB 1239HV (4) 90 jm/jh 27/ 45

H.F. 715 for the preceding calendar month the quantity and wholesale 1 sales price of each tobacco product shipped or transported to 2 retailers in this state to be sold by those retailers and any 3 other information the director may require. Returns shall 4 be made upon forms furnished or made available in electronic 5 form and prescribed by the director and shall contain other 6 information as the director may require. Each return shall be 7 accompanied by a remittance for the full tax liability shown 8 on the return, less a discount as fixed by the director not to 9 exceed five percent of the tax. Within three years after the 10 return is filed or within three years after the return became 11 due, whichever is later, the department shall examine it, 12 determine the correct amount of tax, and assess the tax against 13 the taxpayer for any deficiency. The period for examination 14 and determination of the correct amount of tax is unlimited in 15 the case of a false or fraudulent return made with the intent 16 to evade tax, or in the case of a failure to file a return. 17 (2) If the department issues an estimated assessment due to 18 failure to file a return, the procedures described in section 19 423.37, subsections 1 and 2, shall apply to taxes, fees, and 20 interest imposed under this subchapter in the same manner and 21 with the same effect as the provisions apply to the taxes 22 imposed under chapter 423. 23 Sec. 39. REPEAL. Section 423.38, Code 2023, is repealed. 24 Sec. 40. EFFECTIVE DATE. This division of this Act takes 25 effect January 1, 2024. 26 DIVISION VII 27 TAX RETURN PREPARERS AND PERSONS AUTHORIZED TO ACT FOR 28 TAXPAYERS 29 Sec. 41. Section 421.59, subsections 1 and 2, Code 2023, are 30 amended to read as follows: 31 1. a. A taxpayer may authorize an individual to act on 32 behalf of the taxpayer by filing a power of attorney with 33 the department, on a form prescribed by the department. The 34 department may prescribe a separate form or integrate the 35 -28- LSB 1239HV (4) 90 jm/jh 28/ 45

H.F. 715 requirements of the form into a return when feasible. 1 b. A taxpayer may at any time revoke a power of attorney 2 filed with the department pursuant to this subsection . Upon 3 processing of the taxpayer’s revocation of a power of attorney, 4 the department shall cease honoring the power of attorney. 5 2. Unless otherwise prohibited by law, the department may 6 authorize the following persons to act and receive information 7 on behalf of and exercise all of the rights of a taxpayer, and 8 may establish by rule the documentation required to verify 9 authorization to act, regardless of whether a power of attorney 10 has been filed pursuant to subsection 1 : 11 a. A guardian, conservator, or custodian appointed by a 12 court, if a taxpayer has been deemed legally incompetent by a 13 court. The authority of the appointee to act on behalf of the 14 taxpayer shall be limited to the extent specifically stated in 15 the order of appointment. 16 (1) Upon request, a guardian, conservator, or custodian of 17 a taxpayer shall submit to the department a copy of the court 18 order appointing the guardian, conservator, or custodian. 19 (2) The department has standing to petition the court that 20 appointed the guardian, conservator, or custodian to verify the 21 appointment or to determine the scope of the appointment. 22 b. A receiver appointed pursuant to chapter 680 . An 23 appointed receiver shall be limited to act on behalf of the 24 taxpayer by the authority stated in the order of appointment. 25 (1) Upon the request of the department, a receiver shall 26 submit to the department a copy of the court order appointing 27 the receiver. 28 (2) The department has standing to petition the court 29 that appointed the receiver to verify the appointment or to 30 determine the scope of the appointment. 31 c. An individual who has been named as an authorized 32 representative on a fiduciary return of income filed under 33 section 422.14 or a tax return filed under chapter 450 . 34 d. c. An individual holding the following title or position 35 -29- LSB 1239HV (4) 90 jm/jh 29/ 45

H.F. 715 within a corporation, association, partnership, or other 1 business entity: 2 (1) An officer or employee of the corporation or association 3 who is authorized to act on behalf of the corporation or 4 association in tax matters. 5 (2) A designated partner or employee of the partnership 6 who is authorized to act on behalf of the partnership in tax 7 matters. 8 (3) A person authorized to act on behalf of the limited 9 liability company in tax matters pursuant to a valid statement 10 of authority or employee of the company who is authorized to 11 act on behalf of the company in tax matters. 12 e. d. A licensed attorney who has appeared on behalf of 13 the taxpayer or the probate estate in a court proceeding. 14 Authorization under this paragraph is limited to those matters 15 within the scope of the representation. 16 f. e. A parent or guardian of a taxpayer who has not 17 reached the age of majority where the same parent or guardian 18 has signed the taxpayer’s return on behalf of the taxpayer. 19 Authorization under this paragraph is limited to those matters 20 relating to the return signed by the parent or guardian . 21 Authorization under this paragraph automatically terminates 22 when the taxpayer reaches the age of majority pursuant to 23 section 599.1 . 24 g. f. A representative of a government entity. An 25 individual seeking to act on behalf of a government entity 26 pursuant to this paragraph shall affirm the authority of 27 the individual to act on behalf of the government entity in 28 a manner designated by the department. The department may 29 require evidence to demonstrate the individual has authority to 30 act on behalf of the government entity. 31 h. g. An executor or personal representative of an estate. 32 (1) Upon request, the executor or personal representative 33 shall submit to the department a copy of the will or court 34 order appointing the executor or personal representative. 35 -30- LSB 1239HV (4) 90 jm/jh 30/ 45

H.F. 715 (2) The department has standing to petition the court that 1 appointed the executor or personal representative to verify the 2 appointment or to determine the scope of the appointment. 3 i. h. A trustee. 4 (1) Upon request a trustee shall submit a certification of 5 trust, or in the absence of a certification of trust a copy of 6 the court order appointing the trustee if one has been issued, 7 or a copy of the trust. 8 (2) The department has standing to petition the court that 9 appointed the trustee to verify the appointment or to determine 10 the scope of the appointment. 11 j. i. A person named as an agent in a general or durable 12 power of attorney document that is currently in force and such 13 document has not been prescribed by the department of revenue. 14 k. j. A successor as defined in section 633.356, subsection 15 2 , of a very small estate. 16 Sec. 42. Section 421.62, subsection 2, Code 2023, is amended 17 by adding the following new paragraph: 18 NEW PARAGRAPH . c. Notwithstanding subsection 1, paragraph 19 “d” , subparagraph (2), for purposes of this subsection, “tax 20 return preparer” includes any of the following: 21 (1) An individual licensed as a certified public accountant 22 or a licensed public accountant under chapter 542 or a similar 23 law of another state. 24 (2) An individual admitted to practice law in this state or 25 another state. 26 (3) An enrolled agent enrolled to practice before the 27 federal internal revenue service pursuant to 31 C.F.R. §10.4. 28 DIVISION VIII 29 SETOFF 30 Sec. 43. 2020 Iowa Acts, chapter 1064, section 16, 31 subsection 6, is amended to read as follows: 32 6. Fees. The department shall may establish fees for use of 33 the setoff system to be paid by participating public agencies 34 to the department. 35 -31- LSB 1239HV (4) 90 jm/jh 31/ 45

H.F. 715 Sec. 44. CONTINGENT EFFECTIVE DATE. This division of this 1 Act takes effect on the effective date of the rules adopted by 2 the department of revenue pursuant to chapter 17A implementing 3 2020 Iowa Acts, chapter 1064, other than transitional rules. 4 DIVISION IX 5 HOMESTEAD PROPERTY TAX CREDIT 6 Sec. 45. Section 425.11, subsection 1, paragraph e, Code 7 2023, is amended by striking the paragraph and inserting in 8 lieu thereof the following: 9 e. (1) “Owner” means the person who holds the fee simple 10 title to the homestead. “Owner” also includes the following: 11 (a) The person occupying as a surviving spouse. 12 (b) The person occupying under a contract of purchase which 13 contract has been recorded in the office of the county recorder 14 of the county in which the property is located. 15 (c) The person occupying the homestead under devise or by 16 operation of the inheritance laws where the whole interest 17 passes or where the divided interest is shared only by persons 18 related or formerly related to each other by blood, marriage, 19 or adoption. 20 (d) The person occupying the homestead is a shareholder of a 21 family farm corporation that owns the property. 22 (e) The person occupying the homestead under a deed which 23 conveys a divided interest where the divided interest is shared 24 only by persons related or formerly related to each other by 25 blood, marriage, or adoption. 26 (f) Where the person occupying the homestead holds a 27 life estate with the reversion interest held by a nonprofit 28 corporation organized under chapter 504, provided that the 29 holder of the life estate is liable for and pays property tax 30 on the homestead. 31 (g) Where the person occupying the homestead holds an 32 interest in a horizontal property regime under chapter 33 499B, regardless of whether the underlying land committed to 34 the horizontal property regime is in fee or as a leasehold 35 -32- LSB 1239HV (4) 90 jm/jh 32/ 45

H.F. 715 interest, provided that the holder of the interest in the 1 horizontal property regime is liable for and pays property tax 2 on the homestead. 3 (h) Where the person occupying the homestead is a member 4 of a community land trust as defined in 42 U.S.C. §12773, 5 regardless of whether the underlying land is in fee or as a 6 leasehold interest, provided that the member of the community 7 land trust is occupying the homestead and is liable for and 8 pays property tax on the homestead. 9 (i) The person occupying the homestead regardless of 10 whether the underlying land is in fee or as a leasehold 11 interest, provided that the person is occupying the homestead 12 and is liable for and pays property tax on the homestead. 13 (2) For the purpose of this subchapter, the word “owner” 14 shall be construed to mean a bona fide owner and not one for 15 the purpose only of availing the person of the benefits of this 16 subchapter. In order to qualify for the homestead tax credit, 17 evidence of ownership shall be on file in the office of the 18 clerk of the district court or recorded in the office of the 19 county recorder at the time the owner files with the assessor 20 a verified statement of the homestead claimed by the owner as 21 provided in section 425.2. 22 Sec. 46. EFFECTIVE DATE. This division of this Act, being 23 deemed of immediate importance, takes effect upon enactment. 24 Sec. 47. APPLICABILITY. This division of this Act applies 25 to claims under chapter 425, subchapter I, for credits against 26 property taxes due and payable in fiscal years beginning on or 27 after July 1, 2024. 28 DIVISION X 29 PROPERTY TAX CREDITS AND RENT REIMBURSEMENT 30 Sec. 48. Section 425.17, subsection 7, Code 2023, is amended 31 to read as follows: 32 7. “Income” means the sum of Iowa net income as defined 33 in section 422.7 , plus all of the following to the extent not 34 already included in Iowa net income: capital gains , ; alimony , ; 35 -33- LSB 1239HV (4) 90 jm/jh 33/ 45

H.F. 715 child support money , ; cash public assistance and relief, 1 except property tax relief granted under this subchapter , ; 2 amount of in-kind assistance for housing expenses , the gross 3 amount of any pension or annuity, including but not limited 4 to ; total amounts received from a governmental or other 5 pension or retirement plan, including defined benefit or 6 defined contribution plans; annuities; individual retirement 7 accounts; plans maintained or contributed to by an employer, 8 or maintained or contributed to by a self-employed person 9 as an employer; deferred compensation plans or any earnings 10 attributable to the deferred compensation plans; income 11 received pursuant to a farm tenancy agreement covering real 12 property; railroad retirement benefits , ; payments received 13 under the federal Social Security Act, except child insurance 14 benefits received by a member of the claimant’s household ; , and 15 all military retirement and veterans’ disability pensions , ; 16 interest received from the a state or federal government 17 or any of its instrumentalities , ; workers’ compensation ; 18 and the gross amount of disability income or “loss of time” 19 insurance. “Income” does not include gifts from nongovernmental 20 sources, or surplus foods or other relief in kind supplied by 21 a governmental agency. In determining income, net operating 22 losses and net capital losses shall not be considered. 23 Sec. 49. EFFECTIVE DATE. This division of this Act, being 24 deemed of immediate importance, takes effect upon enactment. 25 Sec. 50. APPLICABILITY. 26 1. This division of this Act applies to claims under chapter 27 425, subchapter II, for credits against property taxes due and 28 payable in fiscal years beginning on or after July 1, 2024. 29 2. This division of this Act applies to claims under chapter 30 425, subchapter II, for reimbursement for rent constituting 31 property taxes paid in base years beginning on or after January 32 1, 2023. 33 3. This division of this Act applies to claims under section 34 435.22 for a credit for manufactured and mobile home taxes due 35 -34- LSB 1239HV (4) 90 jm/jh 34/ 45

H.F. 715 and payable in fiscal years beginning on or after July 1, 2024. 1 DIVISION XI 2 ELECTRONIC COMMUNICATIONS —— RULES 3 Sec. 51. Section 421.60, subsection 11, paragraph c, 4 subparagraph (1), Code 2023, is amended to read as follows: 5 (1) Notwithstanding any provision of law to the contrary, 6 when an electronic communication is posted to the department’s 7 electronic portal for a person who has made such an election, 8 the posting of the electronic communication shall satisfy any 9 requirement of mailing or personal service in this title , 10 chapter 17A, chapter 272D , or sections 321.105A and 533.329 . 11 DIVISION XII 12 TRANSFERS FROM 529 ACCOUNT TO ROTH IRA 13 Sec. 52. Section 422.7, subsection 22, paragraph c, 14 subparagraph (1), Code 2023, is amended by adding the following 15 new subparagraph division: 16 NEW SUBPARAGRAPH DIVISION . (g) A direct trustee-to-trustee 17 transfer to a Roth individual retirement account in accordance 18 with section 529(c)(3)(E) of the Internal Revenue Code, as 19 enacted by the federal Consolidated Appropriations Act, 2023, 20 Pub. L. No. 117-328. 21 Sec. 53. APPLICABILITY. This division of this Act applies 22 to tax years beginning on or after January 1, 2024. 23 DIVISION XIII 24 COMPOSITE RETURN FILING EXCLUSION FOR FINANCIAL INSTITUTIONS 25 AND CERTAIN FINANCIAL HOLDING COMPANIES 26 Sec. 54. Section 422.16B, subsection 5, Code 2023, is 27 amended by adding the following new paragraph: 28 NEW PARAGRAPH . 0c. The pass-through entity meets any of the 29 following requirements for the tax year: 30 (1) The pass-through entity is a financial institution 31 subject to the franchise tax under section 422.60 and files a 32 franchise tax return required under section 422.62 and pays any 33 franchise tax shown due on the return. 34 (2) The pass-through entity wholly owns one or more 35 -35- LSB 1239HV (4) 90 jm/jh 35/ 45

H.F. 715 financial institutions subject to the franchise tax under 1 section 422.60 that are treated as disregarded entities for 2 federal and Iowa income tax purposes, and at least ninety 3 percent of the gross income of the pass-through entity for the 4 tax year is also reportable income on the franchise tax return 5 of the financial institutions wholly owned by the pass-through 6 entity, and such financial institutions file the franchise tax 7 returns required under section 422.62 and pay any franchise tax 8 shown due on the franchise tax return. 9 Sec. 55. EFFECTIVE DATE. This division of this Act, being 10 deemed of immediate importance, takes effect upon enactment. 11 Sec. 56. RETROACTIVE APPLICABILITY. This division of this 12 Act applies retroactively to January 1, 2023, for tax years 13 beginning on or after that date. 14 DIVISION XIV 15 RETIRED FARMER INCOME EXCLUSIONS 16 Sec. 57. Section 422.7, subsection 13, paragraph a, 17 subparagraph (4), Code 2023, is amended to read as follows: 18 (4) “Materially participated” means the same as “material 19 participation” in section 469(h) of the Internal Revenue Code , 20 except that section 469(h)(3) of the Internal Revenue Code 21 shall not apply . 22 Sec. 58. Section 422.7, subsection 14, paragraph f, 23 subparagraph (5), Code 2023, is amended to read as follows: 24 (5) “Materially participated” means the same as “material 25 participation” in section 469(h) of the Internal Revenue Code , 26 except that section 469(h)(3) of the Internal Revenue Code 27 shall not apply . 28 Sec. 59. EFFECTIVE DATE. This division of this Act, being 29 deemed of immediate importance, takes effect upon enactment. 30 Sec. 60. RETROACTIVE APPLICABILITY. This division of this 31 Act applies retroactively to January 1, 2023, for tax years 32 beginning on or after that date. 33 DIVISION XV 34 INSTRUCTIONAL SUPPORT INCOME SURTAX 35 -36- LSB 1239HV (4) 90 jm/jh 36/ 45

H.F. 715 Sec. 61. Section 257.24, Code 2023, is amended to read as 1 follows: 2 257.24 Deposit of instructional support income surtax. 3 1. The director of revenue , by the last day of each month, 4 shall deposit all moneys received as collected and determined 5 by the department of revenue to be instructional support income 6 surtax to the in the preceding month, and shall credit of each 7 district from which the moneys are received collected , in the 8 school district income surtax fund which is established in 9 section 298.14 . 10 2. a. The director of revenue shall deposit instructional 11 support income surtax moneys received on or before November 1 12 of the year following the close of the school budget year for 13 which the surtax is imposed to the credit of each district from 14 which the moneys are received in the school district income 15 surtax fund. 16 b. Instructional support income surtax moneys received or 17 refunded after November 1 of the year following the close of 18 the school budget year for which the surtax is imposed shall be 19 deposited in or withdrawn from the general fund of the state 20 and shall be considered part of the cost of administering the 21 instructional support income surtax. 22 Sec. 62. Section 257.25, Code 2023, is amended to read as 23 follows: 24 257.25 Instructional support income surtax certification. 25 1. On or before October 20 November 15 each year, 26 the director of revenue shall make an accounting of the 27 instructional support income surtax collected under this 28 chapter applicable to tax returns for the last preceding 29 calendar year, or for a taxpayer’s fiscal year ending during 30 the second half of that calendar year and after the date the 31 board adopts a resolution to participate in the program, or the 32 first half of the succeeding calendar year, since January 1 of 33 the same calendar year from taxpayers in each school district 34 in the state which has approved the instructional support 35 -37- LSB 1239HV (4) 90 jm/jh 37/ 45

H.F. 715 program, and shall certify to the department of management and 1 the department of education the amount of total instructional 2 support income surtax credited from the taxpayers of each 3 school district. 4 2. On or before January 15 of each year, the director of 5 revenue shall make an accounting of the instructional support 6 income surtax collected under this chapter during the preceding 7 calendar year from taxpayers in each school district in the 8 state which has approved the instructional support program, 9 and shall certify to the department of management and the 10 department of education the amount of total instructional 11 support income surtax credited from the taxpayers of each 12 school district. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill relates to state and local finance and the 17 administration of the tax and related laws by the department 18 of revenue (department). 19 DIVISION I —— IOWA EDUCATIONAL SAVINGS PLAN AND FIRST-TIME 20 HOMEBUYERS DUE DATES. The bill makes changes to the Iowa 21 educational plan trust (529 plans) and the first-time home 22 buyer savings account program. 23 The bill provides that if the director of revenue (director) 24 extends the date for making and filing an individual income 25 tax return in the case of a natural disaster as is currently 26 permitted in Code section 421.17(30), the taxpayer may elect 27 that a contribution made to a 529 plan during the extended time 28 to file such a return may be deemed to have been made for the 29 prior calendar year. 30 The bill provides that the first-time homebuyers savings 31 account designations must be provided to the department on 32 or before the date to file an individual income tax return, 33 excluding extensions, or on or before the extended filing date 34 if the director extends the date for making and filing an 35 -38- LSB 1239HV (4) 90 jm/jh 38/ 45

H.F. 715 individual income tax return in the case of a natural disaster. 1 DIVISION II —— BONUS DEPRECIATION AND INCREASED EXPENSING 2 —— APPLICABILITY. The “trigger” (2018 Iowa Acts, chapter 3 1161, sections 99 through 134) went into effect on January 1, 4 2023. The bill provides that the repeal of bonus depreciation 5 and increased expensing provisions in the trigger applies to 6 tax years beginning on or after January 1, 2023, for property 7 placed in service on or after January 1, 2023. 8 DIVISION III —— TAX FILING STATUS MODIFICATIONS. For tax 9 years beginning on or after January 1, 2023, the bill requires 10 a taxpayer to use the same filing status for Iowa individual 11 income tax purposes as the taxpayer used for federal individual 12 income tax purposes. The bill also strikes provisions implying 13 that a taxpayer may elect to use a different tax filing status 14 on the taxpayer’s Iowa and federal income tax returns. 15 The division applies to tax years beginning on or after 16 January 1, 2023. 17 DIVISION IV —— WITHHOLDING. The bill rewrites Code section 18 422.16 relating to withholding agents withholding Iowa tax from 19 the wages or other income of a resident or nonresident. The 20 bill defines “withholding agent” similarly to the definition 21 in Code section 422.4. 22 Under current law, most retirement income is no longer 23 subject to Iowa income tax. The bill strikes provisions 24 requiring the withholding of state income tax from retirement 25 income made to Iowa residents if the retirement income is no 26 longer subject to Iowa income tax. 27 The bill excludes some pass-through entity income for 28 purposes of calculating whether a taxpayer is required to make 29 estimated tax payments. 30 DIVISION V —— FUTURE CORRESPONDING CHANGE. Commencing with 31 tax years beginning on or after January 1, 2026, the highest 32 individual Iowa income tax rate becomes a flat tax rate and the 33 individual income tax rate is moved from Code section 422.5A 34 to Code section 422.5. The bill strikes a reference to the 35 -39- LSB 1239HV (4) 90 jm/jh 39/ 45

H.F. 715 highest individual income tax rate in Code section 422.5A and 1 replaces that reference with Code section 422.5. 2 The division takes effect January 1, 2026. 3 DIVISION VI —— SETTLEMENT AUTHORITY —— NOTICE OF ASSESSMENT 4 —— ESTIMATION OF TAX. Under current law, the director may 5 compromise and settle doubtful claims for taxes or refunds. 6 The bill defines “settle” or “settlement” to include any 7 compromise or abatement of tax, penalties, and interest. The 8 bill specifies that the department may settle any taxes, 9 penalties, and interest in the case of doubtful liability, 10 doubtful collectability, economic hardship, or to promote 11 effective tax administration. The bill requires the department 12 to make a complete record of the settlement. A taxpayer shall 13 not have the right to a settlement under the bill, and any 14 determination by the department regarding a settlement shall be 15 discretionary and final, except in the case of fraud, mutual 16 mistake, or stated in a written settlement agreement. The 17 bill strikes Code section 421.60(2)(i) and (m) which relate to 18 the settlement of taxes owed the state and makes conforming 19 changes. 20 The bill amends Code section 421.10 relating to the appeal 21 period for the revision of the assessment of tax. The bill 22 specifies that the appeal period provisions apply to notices 23 from the department involving adverse department actions 24 directed at a specific taxpayer, other than licensing, which 25 involves a calculation. Under current law, the appeal period 26 provisions relate to all agency actions regardless if the 27 action is adverse, if any department action is directed at 28 a specific taxpayer, other than licensing, and involves a 29 calculation. 30 The bill amends Code section 422.25 to specify that if a 31 taxpayer required to file a return with the department fails 32 to file the return or files a false or fraudulent return, the 33 department may, at any time, estimate the tax due based upon 34 information or knowledge the department is able to obtain. If 35 -40- LSB 1239HV (4) 90 jm/jh 40/ 45

H.F. 715 the department estimates the tax due, the bill requires the 1 department to issue a notice of assessment to the taxpayer 2 and creates procedures for the department to follow if the 3 taxpayer files a return within three years from the date of 4 the assessment, and creates procedures if the taxpayer fails 5 to file such a return within three years from the date of the 6 assessment. 7 The bill amends Code section 423.37(1) (sales and use tax) 8 to specify that the department may examine a sales tax return 9 within three years after the return is filed. Under current 10 law, the department is required to examine such a return 11 within three years. The bill establishes procedures for when 12 a sales tax return is incorrect or insufficient when filed. 13 The bill requires the department to determine the amount of 14 tax due from information or knowledge the department is able 15 to obtain including using any generally recognizable sampling 16 technique to determine the tax owed, if the sampling technique 17 is mutually agreed upon by the department and the person 18 being audited. The bill requires the department to issue a 19 notice of assessment if the return is found to be incorrect, 20 and establishes procedures for the taxpayer to appeal the 21 assessment, or pay the tax, penalty, and interest, and file a 22 refund claim on the estimated tax if necessary. 23 The bill amends Code section 423.37(2) establishing the 24 procedures for when a sales or use tax return is not filed. The 25 bill states the period for examination and determination of the 26 correct amount of tax is unlimited, and allows the department 27 to estimate the amount of tax due. The bill requires the 28 department to issue a notice of assessment, and establishes 29 procedures for the taxpayer to appeal the assessment, or pay 30 the tax, penalty, and interest, and file a refund claim on the 31 estimated tax if necessary. 32 The bill specifies the department of revenue shall 33 administer the taxes in Code chapter 452A (motor fuel and 34 special fuel taxes) in the same manner as Code sections 35 -41- LSB 1239HV (4) 90 jm/jh 41/ 45

H.F. 715 422.25(4) (payments first credited to penalty and interest), 1 423.35 (posting a bond), and 423.37 (procedures for when a 2 return is filed incorrectly or not filed), which is also 3 amended in the bill. 4 The bill specifies the department of revenue shall 5 administer the taxes in Code chapter 453A (cigarette and 6 tobacco taxes) in the same manner as Code section 423.37 7 (procedures when return is filed incorrectly or not filed), 8 which is also amended in the bill. 9 The bill repeals Code section 423.38 relating to provisions 10 that are applicable to the judicial review of the actions 11 of the department involving sales and use taxes, and makes 12 conforming changes. 13 The division takes effect January 1, 2024. 14 DIVISION VII —— TAX RETURN PREPARERS AND PERSONS AUTHORIZED 15 TO ACT FOR TAXPAYERS. The bill requires additional tax return 16 preparers to include the preparer’s personal identification 17 number on any return prepared by the preparer and filed with 18 the department if the preparer is licensed as a certified 19 public accountant or a licensed public accountant under Code 20 chapter 542 or a similar law of another state, if the preparer 21 is admitted to practice law in this state, or if the preparer 22 is an enrolled agent enrolled to practice before the Internal 23 Revenue Service. 24 The bill modifies provisions relating to the authority 25 of a person to act on behalf of a taxpayer in Code section 26 421.59, including striking the authority of an individual to 27 act on behalf of a taxpayer who has been named as an authorized 28 representative on a fiduciary return or an inheritance tax 29 return. 30 DIVISION VIII —— SETOFF. The bill allows but does not 31 require the department to establish a fee for use of the setoff 32 system. Currently, the department is required to charge a 33 fee for use of the setoff system. The setoff system is a 34 centralized system designed to collect debt owed to public 35 -42- LSB 1239HV (4) 90 jm/jh 42/ 45

H.F. 715 agencies. The setoff system operated by the department is 1 currently not operational until the department adopts rules. 2 DIVISION IX —— HOMESTEAD PROPERTY TAX CREDIT. The bill 3 amends Code section 425.11 relating to the homestead credit. 4 The bill expands the definition of “owner” to allow a person 5 occupying a homestead to receive the homestead credit 6 regardless of whether the underlying land is held in fee or as 7 a leasehold interest, provided that the person is occupying 8 the homestead and is liable for and pays property tax on the 9 homestead. 10 The division takes effect upon enactment and applies to 11 claims under Code chapter 425, subchapter I, for credits 12 against property taxes due and payable in fiscal years 13 beginning on or after July 1, 2024. 14 DIVISION X —— PROPERTY TAX CREDITS AND RENT REIMBURSEMENT. 15 The bill modifies the definition of “income” to include 16 certain retirement, deferred, or rental income for purposes of 17 calculating eligibility for the elderly and disabled property 18 tax credit or for reimbursement of rent constituting property 19 taxes paid under Code chapter 425, subchapter II. 20 The division applies to claims under Code chapter 425 21 for credits due and payable in fiscal years beginning on or 22 after July 1, 2024, and for rent reimbursement in base years 23 beginning on or after January 1, 2023. The division also 24 applies to claims for a credit for manufactured and mobile home 25 taxes due in fiscal years beginning on or after July 1, 2024. 26 DIVISION XI —— ELECTRONIC COMMUNICATION —— RULES. The 27 bill provides that if the department posts a rule to the 28 department’s electronic portal, the posting of the electronic 29 communication shall satisfy any requirement of mailing or 30 personal service for purposes of Code chapter 17A (Iowa 31 administrative procedure Act). 32 DIVISION XII —— TRANSFERS FROM 529 ACCOUNT TO ROTH IRA. 33 Under the federal Consolidated Appropriations Act, 2023, Pub. 34 L. No. 117-328, transfers from a 529 educational account to a 35 -43- LSB 1239HV (4) 90 jm/jh 43/ 45

H.F. 715 Roth Individual Retirement Account beneficiary are exempt from 1 federal taxation, subject to Roth contribution limits and the 2 aggregate lifetime limit of $35,000, and if the 529 educational 3 account has existed for at least 15 years. The bill also makes 4 such a transfer exempt from state individual income taxation. 5 DIVISION XIII —— COMPOSITE RETURN FILING EXCLUSION FOR 6 FINANCIAL INSTITUTIONS AND CERTAIN FINANCIAL INSTITUTIONS. 7 Under the bill, a pass-through entity is not required to remit 8 Iowa income or franchise tax on behalf of a nonresident member 9 if either of the following apply: the pass-through entity 10 is a financial institution subject to the franchise tax and 11 files a franchise tax return and pays any franchise tax owed; 12 or the pass-through entity wholly owns one or more financial 13 institutions subject to the franchise tax, and at least 90 14 percent of the gross income of the pass-through entity for the 15 tax year is also reportable income on the franchise tax return 16 of the wholly owned financial institutions and any franchise 17 tax owed is paid. 18 DIVISION XIV —— RETIRED FARMER INCOME EXCLUSIONS. The 19 bill modifies the definition of “materially participated” for 20 purposes of the retired farmer tenancy income exclusion and 21 the retired farmer capital gain exclusion by excluding section 22 469(h)(3) of the Internal Revenue Code from the definition of 23 “materially participated” in section 469(h) of the Internal 24 Revenue Code. 25 This division takes effect upon enactment and applies 26 retroactively to tax years beginning on or after January 1, 27 2023. 28 DIVISION XV —— INSTRUCTIONAL SUPPORT INCOME SURTAX. The 29 bill modifies the manner in which the instructional support 30 income surtax is deposited into the school district income 31 surtax fund by requiring monthly deposits into the fund and 32 prohibiting certain income surtax moneys from being deposited 33 into the general fund of the state. The bill also modifies the 34 instructional support income tax certification and accounting 35 -44- LSB 1239HV (4) 90 jm/jh 44/ 45