reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 79 - Real Estate Transfer Tax and Declarations of Value › Rule 701-79.3 - Declarations of Value: Responsibility of County Recorders and City and County Assessors

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Forms and procedures.
County recorders and county and city
				assessors shall use only the declaration of value forms and procedures
				prescribed and provided by the director of revenue for reporting real estate
				transfers.
(2)
Report of
				sales.
County recorders and city and county assessors shall complete
				the appropriate portions of the real estate transfer-declaration of value form
				for each real estate transfer for which a declaration of value has been
				completed by the buyer, seller, or agent. The completed real estate
				transfer-declaration of value forms shall be used in preparing the quarterly
				sales report to be submitted to the department as required by Iowa Code section
				421.17(6).
(3)
Transmittal
				of forms.
Real estate transfer-declaration of value forms filed with
				the country recorder shall be transmitted promptly to the department. Nothing
				in this subrule shall be construed to relieve, limit, or prohibit city and
				county assessors from completing the requirements set forth in Iowa Code
				sections
				421.17(6)
"a"
and 421.17(6)
"b"
.
(4)
Completion of forms.
County recorders and city and county assessors shall complete declaration of
				value forms in accordance with instructions issued by the department. The
				assessed values entered on the forms are to be the final values as of January 1
				of the year in which the transfer occurred.
This rule is intended to implement Iowa Code section
				  428A.1.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 79 - Real Estate Transfer Tax and Declarations of Value › Rule 701-79.4 - Certain Transfers of Agricultural Realty

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In determining whether agricultural
				realty is purchased by a corporation, limited partnership, trust, alien, or
				nonresident alien for purposes of providing information required for such
				transfers by Iowa Code section
				428A1.,
				the definitions in this rule shall apply.
(2) Corporation defined. "Corporation" means
				a domestic or foreign corporation and includes a nonprofit corporation and
				cooperatives.
(3) limited
				partnership defined. "limited partnership" means a partnership as defined in
				Iowa Code section
				488102(13). and which
				owns or leases agricultural land or is engaged in farming.
(4) Trust defined. "Trust" means a fiduciary
				relationship with respect to property, subjecting the person by whom the
				property is held to equitable duties to deal with the property for the benefit
				of another person, which arises as a result of a manifestation of an intention
				to create it. A trust includes a legal entity holding property as a trustee,
				agent, escrow agent, attorney-in-fact, and in any similar capacity.
Trust does not include a person acting in a fiduciary
				  capacity as an executor, administrator, personal representative, guardian,
				  conservator or receiver.
(5) Alien defined. "Alien" means a person
				born out of the United States and unnaturalized under the Constitution and laws
				of the United States.
(Breuer v. Beery,
189 N.W. 714, 194 Iowa
				243, 244 (1922).)
(6) Nonresident
				alien defined. "Nonresident alien" means an alien as defined in subrule 79.4(5)
				who is not a resident of the state of Iowa.
This rule is intended to implement Iowa Code section
				  428A.1.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 79 - Real Estate Transfer Tax and Declarations of Value › Rule 701-79.6 - Public Access to Declarations of Value

Current through Register Vol. 47, No. 3, July 24, 2024
Declarations of value are public records and must be made
				  available for public inspection in accordance with Iowa Code chapter 22.
				  However, if the declaration of value contains the social security number or
				  federal tax identification number of the buyer or seller, the social security
				  number or the federal tax identification number must be redacted by the
				  government official in possession of the declaration of value form prior to its
				  being released to the public.
This rule is intended to implement Iowa Code section
				  428A7.
				  as amended by 2009 Iowa Acts, House File 477, section 1.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.2 - Military Service Tax Exemption.

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application for
				exemption.
a. No military service
				tax exemption shall be allowed unless the first application for the military
				service tax exemption is signed by the owner of the property or the owner's
				qualified designee and filed with the city or county assessor on or before July
				1 of the current assessment year. Once filed, the claim for exemption is
				applicable to subsequent years and no further filing shall be required provided
				the claimant or the claimant's spouse owns the property on July 1 of each year.
				The assessor, county auditor, and county board of supervisors shall act on the
				claim in accordance with Iowa Code section
				426A.14.
				A claim filed after July 1 of any calendar year applies to the following
				assessment year.
b. In the event
				July 1 falls on either a Saturday or Sunday, applications for the military
				service tax exemption may be filed the following Monday.
c. In the event July 1 falls on either a
				Saturday or Sunday, applications submitted by mail shall be accepted if
				postmarked on the following Monday.
d. An assessor may not refuse to accept an
				application for a military service tax exemption. If it is the opinion of the
				assessor that a military service tax exemption should not be allowed, the
				assessor shall accept the application for exemption and recommend
				disallowance.
e. If the owner of
				the property is on active duty in the armed forces of this state or of the
				United States, or is 65 years of age or older or is disabled, the application
				for military service tax exemption may be signed and delivered by a member of
				the owner's family or the owner's guardian, conservator or designated
				attorney-in-fact. For purposes of this rule, any person related to the owner by
				blood, marriage or adoption shall be considered a member of the owner's
				family.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.9 - Forest and Fruit-tree Reservations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Determination of eligibility for
				exemption.
Property for which an application for exemption as a forest
				or fruit-tree reservation has been filed shall be inspected by the assessor or
				county conservation board. The county board of supervisors designates whether
				all inspections in the county are to be made by the assessor, including any
				city assessor, or by the county conservation board. When appropriate, aerial
				photographs may be used in place of an on-site inspection of the property. The
				assessment or exemption of the property is to be based upon criteria
				established by the state conservation commission and findings obtained by the
				inspection of the property or the examination of aerial photographs of the
				property.
(2)
Application
				for exemption.
a. An application for
				exemption must be filed with the appropriate assessor between January 1 and
				February 1, inclusive, of the assessment year for which the exemption is first
				claimed. If the inspection of the property is to be made by the county
				conservation board, the assessor shall forward the application to the board for
				its recommendation. Once the application has been accepted, the exemption is
				applicable to the current and subsequent assessment years and no further
				application shall be required so long as the property remains eligible for the
				exemption.
b. If February 1 falls
				on a Saturday or Sunday, an application for exemption may be filed the
				following Monday.
c. An application
				shall be considered to be timely filed if postmarked on or before February 1 or
				the following Monday if February 1 falls on a Saturday or Sunday.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.10 - Underground Storage Tanks

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Authority of city councils and county hoards of supervisors. A
city council or county board of supervisors may provide by ordinance to grant
				property tax credits to small business owners for payment of underground
				storage tank cleanup costs. The ordinance is to designate the period of time
				over which the credit is to be granted (not to exceed ten years) and the
				percentage of credit to be granted each year If the ordinance is repealed,
				existing credits are to continue through their designated expiration date. A
				small business means a business with gross receipts of less than $500,000 per
				year
(2)
Application for
				credit.
The small business owner is required to file an application
				for credit with the respective city council or county board of supervisors by
				September 30 of the year following the calendar year in which cleanup costs
				were paid and each succeeding year the credit is applicable. The application
				for credit shall be prescribed by the director of revenue and shall contain,
				but not be limited to, the small business owner's cleanup costs and gross
				receipts for the most recent tax year
(3)
Allowance of credit.
Credits granted by a county board of supervisors are applicable only to
				property located outside the corporate limits of a city and credits granted by
				a city council are only applicable to property located within the corporate
				limits of the city. The amount of the credit granted cannot exceed the small
				business owner's cleanup costs nor the amount of city or county taxes paid on
				the property where the underground storage tank is located for any fiscal year
				the credit is applicable. Upon approval of the application for credit, the city
				council or county board of supervisors shall direct its city clerk or county
				treasurer to reimburse the small business owner in the amount of the designated
				credit.
This rule is intended to implement Iowa Code sections 427B.20
				  to 427B.22.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.12 - Methane Gas Conversion Property

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application for exemption.
An application for exemption is
				required to be filed with the appropriate assessing authority by February 1 of
				each year. The assessed value of the property is to be prorated to reflect the
				appropriate amount of exemption if the property used to convert the methane gas
				to energy also uses another fuel. The first year exemption shall be equal to
				the estimated ratio that the methane gas consumed bears to the total fuel
				consumed times the assessed value of the property. The exemption for subsequent
				years shall be based on the actual ratio for the previous year.
(2)
Eligibility for
				exemption.
To qualify for exemption, the property must be used either
				in an operation that decomposes waste and converts it to methane gas or other
				gases produced as a by product of waste decomposition, then collects the gases
				and converts them to energy; or in an operation that collects waste in order to
				decompose it to produce methane gas or other gases for conversion into energy.
				The exemption applies to both property used in connection with, or in
				conjunction with, a publicly owned sanitary landfill and to property not used
				in connection with, or in conjunction with, a publicly owned sanitary landfill.
The exemption for property not used in an operation connected
				  with, or in conjunction with, a publicly owned sanitary landfill is limited to
				  property originally placed in operation on or after January 1, 2008, and on or
				  before December 31,2012, and will be available for the ten-year period
				  following the date the property was originally placed in operation.
This rule is intended to implement Iowa Code section
				  427.1(29) as amended by 2009 Iowa Acts, Senate File 478, section
				  224.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.13 - Wind Energy Conversion Property

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Special valuation allowed by ordinance.
A city council or
				county board of supervisors may provide by ordinance for the special valuation
				of wind energy conversion property. If the ordinance is repealed, the special
				valuation applies through the nineteenth assessment year following the first
				year the property was assessed. Once the ordinance has been repealed and the
				special valuation is no longer applicable, the property must be valued at
				market value rather than at 30 percent of net acquisition cost. The special
				valuation applies to property first assessed on or after the effective date of
				the ordinance. The local assessor must value the property in accordance with
				the schedule provided in Iowa Code section
				427B26(2)..
				The property qualifies for special valuation provided the taxpayer files a
				declaration of intent with the local assessor by February 1 of the assessment
				year in which the property is first assessed for tax to have the property
				locally assessed. The property must not be assessed until the assessment year
				following the year the entire wind plant is completed. A wind plant is
				completed when it is placed in service.
(2)
Special valuation not allowed by
				ordinance.
If a city council or county board of supervisors has not
				passed an ordinance providing for the special valuation of wind energy
				conversion property, property that was placed in service after July 1, 2005,
				and before July 1, 2012, is to be assessed by the department of revenue for a
				period of 12 years, and the taxes payable on the facilities are to be paid to
				the department at the same time as regular property taxes. The owner of the
				facility must file an annual report with the department by May 1 of each year
				during the 12-year assessment period, and the department must certify the
				assessed value of the facility by November 1 of each year to the county auditor
				The board of supervisors must notify the county treasurer to state on the tax
				statement that the property taxes are to be paid to the department. The board
				must also notify the department of those facilities that are required to pay
				the property taxes to the department. The department must notify the county
				treasurer of the date the taxes were paid within five business days of receipt,
				and the notification is authorization for the county treasurer to mark the
				record as paid in the county system.
This rule is intended to implement Iowa Code section
				  427B26.
				  and chapter 476B.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.14 - Mobile Home Park Storm Shelter

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application for exemption.
An application for exemption must
				be filed with the assessing authority by February 1 of the first year the
				exemption is requested. Applications for exemption are not required in
				subsequent years if the property remains eligible for exemption.
(2)
Eligibility for
				exemption.
The structure must be located in a mobile home park as
				defined in Iowa Code section
				4351..
(3)
Valuation exempted.
If
				the structure is used exclusively as a storm shelter, it shall be fully exempt
				from taxation. If the structure is not used exclusively as a storm shelter, the
				exemption shall be limited to 50 percent of the structure's commercial
				valuation.
This rule is intended to implement Iowa Code Supplement
				  section 427.1(30).
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.15 - Barn and One-room Schoolhouse Preservation

Current through Register Vol. 47, No. 3, July 24, 2024
The increase in value added to a farm structure constructed
				  prior to 1937 or one-room schoolhouse as a result of improvements made is
				  exempt from tax. An application must be filed with the assessor by February 1
				  of the first assessment year only and the exemption is to continue as long as
				  the structure continues to be used as a barn or in the case of a one-room
				  schoolhouse is not used for dwelling purposes. A "barn" is an agricultural
				  structure that is used for the storage of farm products or feed or the housing
				  of farm animals, poultry, or farm equipment.
This rule is intended to implement Iowa Code sections
				  4271(31).
				  and
				  4271(32).
				  as amended by 2000 Iowa Acts, House File 2560.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.16 - Agricultural Land Tax Credit

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Eligibility for credit.
The credit shall be allowed on land in
				tracts of ten acres or more, or land of less than ten acres if part of other
				land of more than ten acres, and used for agricultural or horticultural
				purposes.
(2)
Application
				for credit.
No application for credit is required.
(3)
Application of credit.
The county auditor shall certify to the department of revenue by April 1 the
				total amount of agricultural land tax credits due the county. The county
				auditor shall apply the credit to each eligible tract of land in an amount
				equal to the school district tax rate which is in excess of $5.40 multiplied by
				the taxable value of the eligible tract.
This rule is intended to implement Iowa Code chapter 426 as
				  amended by 2001 Iowa Acts, House File 713.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.17 - Indian Housing Property

Current through Register Vol. 47, No. 3, July 24, 2024
Property owned and operated by an Indian housing authority,
				  as defined in 24 CFR 950.102, is exempt from taxation provided the exemption
				  has been approved by the city council or county board of supervisors, whichever
				  is applicable, and a valid claim for exemption has been filed pursuant to Iowa
				  Code section
				  4271(14).
				  by February 1.
This rule is intended to implement Iowa Code section
				  4271.
				  as amended by 2001 Iowa Acts, Senate File 449.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.18 - Property Used in Value-added Agricultural Product Operations

Current through Register Vol. 47, No. 3, July 24, 2024
Fixtures used for cooking, refrigeration, or freezing of
				  value-added agricultural products used in value-added agricultural processing
				  or used in direct support of value-added agricultural processing are exempt
				  from tax. Direct support includes storage by public refrigerated warehouses for
				  processors of value-added agricultural products prior to the start of the
				  value-added agricultural processing operation. The exemption does not apply to
				  fixtures used primarily for retail sale or display. If the taxpayer is a
				  retailer, there is a presumption that the fixtures are being used primarily for
				  retail sale or display. The exemption applies only to fixtures that are
				  attached in a manner set forth in Iowa Code section 427A. 1(2).
The following definitions apply to this rule:
"Fixture "
means property which was
				  originally personal property but which by being physically attached to the
				  realty becomes part of the realty and upon removal does not destroy the
				  property to which it is attached.
"Value-added agricultural processing"
means
				  an operation whereby an agricultural product is subjected to some special
				  treatment by artificial or natural means which changes its form, context, or
				  condition, and results in a marketable agricultural product to be sold at
				  retail. These operations are commonly associated with fabricating, compounding,
				  germinating, or manufacturing.
"Value-added agricultural product"
means an
				  agricultural product which, through a series of activities or processes, may be
				  sold at a higher price than its original purchase price.
This rule is intended to implement Iowa Code section
				  427A1.
				  as amended by 2001 Iowa Acts, House File 715.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.19 - Dwelling Unit Property Within Certain Cities

Current through Register Vol. 47, No. 3, July 24, 2024
Dwelling unit property owned and managed by a nonprofit
				  community housing development organization that owns and manages more than 150
				  dwelling units in a city with a population of more than 110,000 is exempt from
				  tax. The organization must be recognized by the state and the federal
				  government pursuant to criteria contained in the HOME program of the federal
				  National Affordable Housing Act of 1990 and must be exempt from federal income
				  tax under Section 501(c)(3) of the Internal Revenue Code. The exemption does
				  not extend to dwelling units located outside the city. The organization must
				  file an application for exemption with the assessing authority not later than
				  February 1 of the assessment year. Applications for exemption are not required
				  in successive years if the property continues to qualify for the
				  exemption.
This rule is intended to implement Iowa Code Supplement
				  section
				  4271.
				  (21 A) as amended by 2006 Iowa Acts, House File 2792.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.20 - Nursing Facilities

Current through Register Vol. 47, No. 3, July 24, 2024
If the assessor determines that property is being used for a
				  charitable purpose pursuant to Iowa Code section
				  4271(8).,
				  it shall be fully exempt from tax if it is licensed under Iowa Code section
				  135C1(13). by the
				  department of inspections and appeals, exempt from federal income tax under
				  Section 501(c)(3) of the Internal Revenue Code, and a valid application for
				  exemption has been filed with the assessor by February I of the assessment
				  year.
This rule is intended to implement Iowa Code Supplement
				  section
				  4271(14)..
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.21 - Annexation of Property by a City

Current through Register Vol. 47, No. 3, July 24, 2024
A city council may provide a partial tax exemption from city
				  taxes against annexed property for a period often years. The exemption schedule
				  is contained in Iowa Code Supplement section
				  36811(3).
"m."
All property owners included in the annexed area must
				  receive the exemption if the city elects to allow the exemption.
This rule is intended to implement Iowa Code Supplement
				  section
				  36811(3).
"m"
as amended by 2006 Iowa Acts, House File
				  2794.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.22 - Port Authority

Current through Register Vol. 47, No. 3, July 24, 2024
The property of a port authority created pursuant to Iowa
				  Code Supplement section
				  28J2.
				  when devoted to public use and not held for pecuniary profit is exempt from
				  taxation.
This rule is intended to implement Iowa Code Supplement
				  section
				  4271(34)..
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.23 - Concrete Batch Plants and Hot Mix Asphalt Facilities

Current through Register Vol. 47, No. 3, July 24, 2024
A concrete batch plant includes the machinery, equipment, and
				  fixtures used at a concrete mixing facility to process cement dry additive and
				  other raw materials into concrete. A hot mix asphalt facility is any facility
				  used to manufacture hot mix asphalt by heating and drying aggregate and mixing
				  it with asphalt cements. These facilities shall not be assessed and taxed as
				  real property regardless of the property's attachment to real estate. The land
				  on which the facilities are located is taxable.
This rule is intended to implement Iowa Code section 427A. 1
				  as amended by 2006 Iowa Acts, Senate File 2391.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.24 - Airport Property

Current through Register Vol. 47, No. 3, July 24, 2024
Property owned by a city or county at an airport and leased
				  to a fixed base operator providing aeronautical services to the public is
				  exempt from taxation.
This rule is intended to implement Iowa Code section
				  4271(2).
				  as amended by 2006 Iowa Acts, House File 2794.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.25 - Car Wash Equipment

Current through Register Vol. 47, No. 3, July 24, 2024
Property that is equipment used for the washing, waxing,
				  drying, or vacuuming of motor vehicles and point-of-sale equipment necessary
				  for the purchase of car wash services shall not be assessed and taxed as real
				  property.
This rule is intended to implement Iowa Code section
				  427A1.
				  as amended by 2006 Iowa Acts, House File 2794.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.26 - Web Search Portal and Data Center Business Property

Current through Register Vol. 47, No. 3, July 24, 2024
This exemption includes computers and equipment necessary for
				  the maintenance and operation of a web search portal or data center business,
				  including cooling systems, cooling towers, and other temperature control
				  infrastructure; power infrastructure for transformation, distribution, or
				  management of electricity, including but not limited to exterior dedicated
				  business-owned substations, and power distribution systems which are not
				  subject to assessment under Iowa Code chapter 437A; back-up power generation
				  systems, battery systems, and related infrastructure; and racking systems,
				  cabling, and trays. The exemption does not apply to land, buildings, and
				  improvements. The web search portal or data center business must meet the
				  requirements contained in Iowa Code section
				  4233.,
				  subsection 92, subsection 93, or subsection 95, for the exemption to be
				  allowable. The owner of the property must file a claim for exemption with the
				  assessor by February I of the first year the exemption is claimed. Claims for
				  exemption in successive years will be required only for property
				  additions.
This rule is intended to implement Iowa Code sections
				  4271(35).
				  and
				  4271(36).
				  and section
				  4271.
				  as amended by 2009 Iowa Acts, Senate File 478, section 200.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.27 - Privately Owned Libraries and Art Galleries

Current through Register Vol. 47, No. 3, July 24, 2024
Claims for exemption for libraries and art galleries owned
				  and kept by private individuals, associations, or corporations for public use
				  and not for private profit must be filed with the local assessor by February 1
				  of the first year the exemption is requested. Once the exemption is granted,
				  the exemption shall continue to be granted for subsequent assessment years
				  without further filing of claims as long as the property continues to be used
				  as a library or art gallery for public use and not for private profit.
This rule is intended to implement Iowa Code Supplement
				  section
				  4271(7).
				  as amended by 2008 Iowa Acts, Senate File 2400.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.28 - Disaster Revitalization Area

Current through Register Vol. 47, No. 3, July 24, 2024
The governing body of a city or county may, by ordinance,
				  designate an area of the city or county a disaster revitalization area if that
				  area is within a county or portion of a county in which the governor has
				  proclaimed a disaster emergency or the United States president has declared a
				  major disaster All real property within a disaster revitalization area is
				  eligible to receive a 100 percent exemption from taxation on the increase in
				  assessed value of the property if the increase in assessed value is
				  attributable to revitalization of the property occurring between May 25, 2008,
				  and December 31, 2013. The amount of increase in value shall be the difference
				  between the assessed value of the property on January 1, 2007, and the assessed
				  value of the property on January 1, 2010, and subsequent assessment years. The
				  exemption is for a period not to exceed five years, starting with an assessment
				  year beginning on or after January 1, 2010. A city or county may adopt a tax
				  exemption percentage different from the 100 percent exemption. The different
				  percentage adopted must not allow a greater exemption, but may allow a smaller
				  exemption. If the homeowner elects to take the exemption provided in this rule,
				  the homeowner may not claim any other value-added exemption. An application
				  must be filed for each revitalization project resulting in increased assessed
				  value for which an exemption is claimed. The application for exemption must be
				  filed by the owner of the property with the local assessor by February 1 of the
				  first assessment year for which the exemption is requested. After the tax
				  exemption is granted, the exemption will continue for succeeding years without
				  the taxpayer's having to file an application for exemption unless additional
				  revitalization projects occur on the property. The ordinance must expire or be
				  repealed no later than December 31, 2016.
This rule is intended to implement 2009 Iowa Acts, Senate
				  File 457, sections 23 to 30.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.30 - Business Property Tax Credit

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
For purposes of this rule, the following
				definitions shall govern.
"Contiguous parcels"
means any of the
				  following:
1. Parcels that share a
				common boundary. There is a rebuttable presumption that parcels separated by a
				roadway, alley, or waterway do not share a common boundary. The burden of proof
				shall be upon the property owners to provide evidence or verification that
				parcels separated by a roadway, alley, or waterway share a common boundary.
				Parcels owned to the middle of a road, waterway, alley, or railway in fee
				simple title are considered to share a common boundary.
2. Parcels within the same building or
				structure regardless of whether the parcels share a common boundary.
3. Permanent improvements to the land that
				are situated on one or more parcels of land that are assessed and taxed
				separately from the permanent improvements if the parcels of land upon which
				the permanent improvements are situated share a common boundary. This
				arrangement is more commonly referred to as buildings or permanent improvements
				that are taxed as buildings upon leased land.
"Dwelling unit"
means an apartment, group of
				  rooms, or single room that is occupied as separate living quarters, or, if
				  vacant, is intended for occupancy as separate living quarters, in which a
				  tenant can live and sleep separately from any other persons in the building. A
				  vacant dwelling unit that does not have active utility services is not
				  considered to be intended for occupancy. Dwelling units do not include hotels,
				  motels, inns, or other buildings where rooms are rented for less than one
				  month.
"Parcel"
means each separate item shown on
				  the tax list, manufactured or mobile home tax list, schedule of assessment, or
				  schedule of rate change or charge. For fiscal years beginning on or after
				  January 1, 2016, "parcel" also means each portion of a parcel assigned a
				  distinct classification as set forth in rule
				  701-71.1
				  (405,427A,428,441,499B).
"Person"
means individual, corporation,
				  limited liability company, government or governmental subdivision or agency,
				  business trust, estate, trust, partnership or association, or any other legal
				  entity.
"Property unit"
means contiguous parcels all
				  of which are located within the same county, with the same property tax
				  classification, are owned by the same person, and are operated by that person
				  for a common use and purpose.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.32 - Property Aiding in Disaster or Emergency-related Work

Current through Register Vol. 47, No. 3, July 24, 2024
On or after January 1, 2016, see 701-Chapter 242 for
				  assessment of property taxes by the department under Iowa Code sections
				  42824.
				  through 428.26,
				  42828.,
				  and
				  42829.,
				  or Iowa Code chapters 433, 434, 435, and 437 through 438, or by a local
				  assessor, on property brought into Iowa to aid in the performance of disaster
				  or emergency-related work during a disaster response period as those terms are
				  defined in Iowa Code section
				  29C24..
This rule is intended to implement Iowa Code section
				  427.1(41).
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.49 - Commercial and Industrial Property Tax Replacement-county Replacement Claims

Current through Register Vol. 47, No. 3, July 24, 2024
For each fiscal year beginning on or after July 1, 2014, the
				  department of revenue shall pay to the county treasurer an amount equal to the
				  amount of the commercial and industrial property tax replacement claims in the
				  county. For fiscal years beginning on or after July 1, 2017, if an amount
				  appropriated for a fiscal year is insufficient to pay all replacement claims,
				  the director of revenue shall prorate the payment of replacement claims to the
				  county treasurers and shall notify the county auditors of the pro rata
				  percentage on or before September 30.
(1) For each taxing district, the commercial
				and industrial property tax replacement claim amount is determined by
				multiplying the amounts calculated in 80.49(1)
"a"
and
"b"
and dividing the resultant amount by $1,000.
a. The difference between the assessed
				valuation of all commercial property and industrial property for the assessment
				year used to calculate taxes which are due and payable in the applicable fiscal
				year and the actual value of all commercial property and industrial property
				that is subject to assessment and taxation for the same assessment year;
				and
b. The tax levy rate per $1,000
				of assessed value of each taxing district for that fiscal year.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.50 - Responsibility of Local Assessors

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				The assessor shall determine the taxable status of all property. If an
				application for exemption is required to be filed, the assessor shall consider
				the information contained in the application in determining the taxable status
				of the property. The assessor may also request from any property owner or
				claimant any additional information necessary to the determination of the
				taxable status of the property. For property subject to Iowa Code subsection
				4271(14).,
				the assessor shall not base the determination of the taxable status of property
				solely on the statement of objects or purposes of the organization,
				institution, or society seeking an exemption. The use of the property rather
				than the objects or purposes of the organization, institution, or society shall
				be the controlling factor in determining the taxable status of
				property.
(Evangelical Lutheran G.S. Society v. Board of Review of Des
				Moines,
200 N.W.2d 509;
Northwest community Hospital v. Board
				of Review of Des Moines,
229 N.W.2d 738.)
(2) In determining the taxable status of
				property, the assessor shall construe the appropriate exemption statute and
				these rules in a strict manner If there exists any doubt as to the taxable
				status of property, the property shall be subject to taxation. The burden shall
				be upon the claimant to show that the exemption should be
				granted.
(Evangelical Lutheran G.S. Society v. Board of Review of Des
				Moines,
200 N.W.2d 509;
Southside Church of Christ of Des
				Moines v Des Moines Board of Review,
243 N.W.2d 650;
Aerie
				1287, Fraternal Order of Eagles v. Holland,
226 N.W.2d 22.)
(3) If the assessor determines that all or
				part of a property is subject to taxation, the assessor shall notify the
				taxpayer by the issuance of an assessment roll as provided in Iowa Code
				sections
				44126.
				and
				44127..
				If the assessor determines that property has been erroneously exempted from
				taxation, the assessor shall revoke the exemption for the current assessment
				year but not for prior assessment years.
(4) The assessor's determination of the
				taxable status of property may be appealed to the local board of review
				pursuant to Iowa Code section
				44137..
This rule is intended to implement Iowa Code chapter 427 and
				  sections
				  44117(11).,
				  441.26, and 441.27.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.51 - Responsibility of Local Boards of Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If the board of review determines that
				property has been erroneously exempted from taxation, the board of review shall
				revoke the exemption for the current assessment year, but not for prior
				assessment years, and shall give notice to the taxpayer as provided in Iowa
				Code section
				44136..
(2) If the board of review acts in response
				to a protest arising from an assessor's determination of the taxable status of
				property, the board of review shall notify the taxpayer of its disposition of
				the protest in accordance with the provisions of Iowa Code section
				44137..
This rule is intended to implement Iowa Code sections 441.35,
				  441.36, and 441.37.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.52 - Responsibility of Director of Revenue

Current through Register Vol. 47, No. 3, July 24, 2024
The director may revoke or modify an exemption on property if
				  the exemption is found to have been erroneously granted by the local taxing
				  officials. Any taxpayer or taxing district may request that the director revoke
				  or modify an exemption, or the director may on the director's own determination
				  revoke or modify an exemption. The director may revoke or modify an exemption
				  for the tax year commencing in the tax year in which the request is made to the
				  director or for the tax year commencing in the tax year in which the director's
				  own motion is filed. The director shall hold a hearing on the appropriateness
				  of the exemption prior to issuing an order for revocation or modification. The
				  director's order to revoke or modify an exemption may be appealed in accordance
				  with Iowa Code chapter 17A or in the district court of the county in which the
				  property is located.
This rule is intended to implement Iowa Code section
				  4271(16)..
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.53 - Application for Exemption

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each
				society or organization seeking an exemption under Iowa Code subsection
				4271(5).,
				4271(8).,
				4271(21).,
				or
				4271(33).
				shall file with the appropriate assessor a statement containing the following
				information:
a. The legal description of the
				property for which an exemption is requested.
b. The use of all portions of the property,
				including the percentage of space not used for the appropriate objects of the
				society or organization and the percentage of time such space is so
				utilized.
c. A financial statement
				showing the income derived and the expenses incurred in the operation of the
				property.
d. The name of the
				organization seeking the exemption.
e. If the exemption is sought under Iowa Code
				subsection
				4271(8).,
				the appropriate objects of the society or organization.
f. The book and page number on which is
				recorded the contract of purchase or the deed to the property and any lease by
				which the property is held.
g. An
				oath that no persistent violations of the laws of the state of Iowa will be
				permitted or have been permitted on such property.
h. The signature of the president or other
				responsible official of the society or organization showing that information
				contained in the claim has been verified under oath as correct.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.54 - Partial Exemptions

Current through Register Vol. 47, No. 3, July 24, 2024
In the event a portion of property is determined to be
				  subject to taxation and a portion of the property exempt from taxation, the
				  taxable value of the property shall be an amount which bears the same
				  relationship to the total value of the entire property as the area of the
				  portion subject to taxation bears to the area of the entire property. If a
				  portion of a structure is subject to taxation, a proportionate amount of the
				  value assigned to the land upon which the structure is located shall also be
				  subject to taxation.
This rule is intended to implement Iowa Code subsection
				  4271(14)..
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.55 - Taxable Status of Property

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				status of property on July 1 of the fiscal year which commences during the
				assessment year determines eligibility of the property for exemption in
				situations where no claim is required to be filed to procure a tax exemption.
				If the property is in a taxable status on July 1, no exemption is allowable for
				that fiscal year If the property is in an exempt status on July I, no taxes are
				to be levied against the property during that fiscal year Exceptions to this
				rule are as follows:
a. Land acquired by the
				state of Iowa or a political subdivision thereof after July I in connection
				with the establishment, improvement, or maintenance of a public road shall be
				taxable for that portion of the fiscal year in which the property was privately
				owned.
b. All current and
				delinquent tax liabilities are to be canceled and no future taxes levied
				against property acquired by the United States or its instrumentalities,
				regardless of the date of acquisition, unless the United States Congress has
				authorized the taxation of specific federally owned property (1980 O.A.G.
				80-1-19). The following exceptions apply:
(1)
				Property owned by the Federal Housing Authority (FHA) and property owned by the
				Federal Land Bank Association are subject to taxation, and any tax liabilities
				existing at the time of the acquisition are not to be canceled (1982 O.A.G.
				82-1-16; 12 USCS §2055).
(2)
				Existing tax liabilities against property acquired by the Small Business
				Administration are not to be canceled if the acquisition takes place after the
				date of levy. However, no taxes are to be levied if the acquisition takes place
				prior to the levy date or for subsequent fiscal years in which the Small
				Business Administration owns the property on July I (15 USCS
				§;646).
c. Land
				owned by the state and leased by the department of corrections or the
				department of human services pursuant to Iowa Code section
				904302.,
				904705.,
				or
				904706. to an
				entity that is not exempt from property tax is subject to taxation for the term
				of the lease. This provision applies to leases entered into on or after July I,
				2003. The lessor shall file a copy of the lease with the county assessor of the
				county where the land is located.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 80 - Property Tax Credits and Exemptions › Rule 701-80.56 - Abatement of Taxes

Current through Register Vol. 47, No. 3, July 24, 2024
The board of supervisors may abate the taxes levied against
				  property acquired by gift or purchase if the property was acquired after the
				  deadline for filing a claim for property tax exemption if the property would
				  have been exempt under Iowa Code section
				  4271.,
				  subsection 7, 8, or 9, if a timely claim had been filed.
This rule is intended to implement Iowa Code section
				  4273..
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 86 - Inheritance Tax › Rule 701-86.4 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
A determination made by the department of either the correct
				  amount of the tax due, or the amount of refund for excessive tax paid, shall be
				  final unless the taxpayer, or any other party aggrieved by the determination,
				  appeals to the director for a revision of the department's determination. For
				  notices of assessment issued on or after January 1, 1995, the department will
				  consider a protest to be timely filed if filed no later than 60 days following
				  the date of assessment notice or, if a taxpayer failed to timely appeal a
				  notice of assessment, the taxpayer may make a payment pursuant to rule
				  701-78. (17A) and file a
				  refund claim within the period provided by law for filing such claims. In the
				  event of an appeal, the provisions of 701-Chapter 7 of the department's rules
				  of practice and procedure before the department of revenue and Iowa Code
				  chapter 17A shall apply.
This rule is intended to implement Iowa Code chapter 17A and
				  section
				  45094..