reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 105 - Mobile, Modular, and Manufactured Home Tax › Rule 701-105.5 - Taxation-real Estate

Current through Register Vol. 47, No. 3, July 24, 2024
Homes located outside of mobile home parks or manufactured
				  home communities must be placed on a permanent foundation and are subject to
				  assessment and taxation as real estate. The homes are eligible for all property
				  tax credits and exemptions applicable to other real estate. The assessor shall
				  collect the title to a home only when a security interest is noted on the title
				  and the secured party is given a mortgage on the land on which the home is
				  located. Homes located outside mobile home parks or manufactured home
				  communities as of July 1, 1994, are not subject to the permanent foundation
				  requirements unless the home is relocated.
This rule is intended to implement Iowa Code section
				  435.26.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 105 - Mobile, Modular, and Manufactured Home Tax › Rule 701-105.6 - Taxation-square Footage

Current through Register Vol. 47, No. 3, July 24, 2024
Homes located within mobile home parks or manufactured home
				  communities are subject to a square footage tax at the rates specified in Iowa
				  Code section 435.22. It shall be the
				  responsibility of the owner to provide the county treasurer with appropriate
				  documentation to verify eligibility for the reduced tax due to the home's age.
				  Modular homes placed in mobile home parks or manufactured home communities that
				  were not in existence on or before January 1, 1998, shall be subject to
				  assessment and taxation as real estate.
The mobile home park or manufactured home community owner or
				  manager shall make an annual report with the county treasurer by June 1 listing
				  the owner and address of each home sited in the park or community. An
				  additional report shall be filed by December 1 if any homes are moved in or out
				  of the park or community or there are any changes in home ownership.
This rule is intended to implement Iowa Code sections
				  435.22 and
				  435.24(3).
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 105 - Mobile, Modular, and Manufactured Home Tax › Rule 701-105.7 - Audit by Department of Revenue

Current through Register Vol. 47, No. 3, July 24, 2024
The director of revenue may audit the books and records of
				  the county treasurer to determine if the amounts certified by the county
				  treasurer to the director of revenue as tax not collected due to the reduced
				  tax rate are true and correct. Upon investigation, the director of revenue may
				  order the county treasurer to reimburse the state of Iowa any amounts that were
				  erroneously paid to the county treasurer. The director of revenue may also
				  require that additional payments be made to the county treasurer by the owner
				  of a home if investigation reveals that the county treasurer did not receive
				  the full amounts due in accordance with Iowa Code section
				  435.22.
The director of revenue may initiate investigations or assist
				  the county treasurer's investigations into eligibility of a claimant for the
				  reduced tax rate in accordance with Iowa Code section
				  435.22. Upon investigation, the
				  director of revenue may order a claimant to reimburse the state of Iowa any
				  amount erroneously claimed as a reduced tax rate which was reimbursed by the
				  department of revenue to the county treasurer in accordance with Iowa Code
				  section 435.22. The director of revenue
				  may also issue a reimbursement directly to the claimant if it is determined the
				  claimant did not receive the full benefits to which entitled pursuant to Iowa
				  Code section 435.22.
This rule is intended to implement Iowa Code section
				  435.22.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 105 - Mobile, Modular, and Manufactured Home Tax › Rule 701-105.8 - Collection of Tax

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Partial
				payment of tax.
Partial payments of taxes may be allowed at the
				discretion of the county treasurer. If the treasurer elects to permit partial
				payments, the authorization shall apply to all taxpayers within the county. If
				the partial payments made are insufficient to fully satisfy an installment due
				by the delinquency date, the unpaid portion of the installment shall draw
				interest as provided in Iowa Code section
				445.39. Current year taxes may
				be paid at any time regardless of any prior year delinquent taxes. The minimum
				payment for delinquent taxes must be equal to or exceed the interest, fees, and
				costs of the installment being paid.
(2)
When delinquent.
The
				date on which unpaid taxes become delinquent is to be determined as follows:
a. If the home is put to use between January
				1 and March 31, the prorated tax for the period from the date the home is put
				to use through June 30 becomes delinquent on April 1.
b. If the home is put to use between April 1
				and June 30, the prorated tax for the period from the date the home is put to
				use through June 30 becomes delinquent on October 1.
c. If the home is put to use between July 1
				and September 30, the prorated tax for the period from the date the home is put
				to use through December 31 becomes delinquent on October 1.
d. If the home is put to use between October
				1 and December 31, the prorated tax for the period from the date the home is
				put to use through December 31 becomes delinquent on April 1 of the following
				calendar year.
e. For purposes of
				this rule, a home is "put to use" upon its acquisition from a dealer or its
				being brought into Iowa for immediate use by a person who is not engaged in the
				business of manufacturing, sale, or transportation of homes.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 106 - Determination of Value of Railroad Companies › Rule 701-106.2 - Filing of Annual Reports

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Annual reports required to be filed by the reporting railroad company shall be
				on forms prescribed and supplied by the department. It shall be the
				responsibility of the railroad company to obtain the forms supplied by the
				department.
(2) Additional
				schedules or attachments submitted by respondent shall be identified as to
				subject matter, shall be typed on paper of similar size to that used in the
				annual report, and all data contained in the schedules or attachments shall be
				adequately explained and documented as to source. When such additional
				schedules or attachments are submitted, they shall be considered part of the
				annual report.
(3) The department
				of revenue may require the filing of additional information if deemed
				necessary. The request for additional information shall be answered completely
				and in accordance with instructions therein specified. Additional information
				required shall be considered part of the annual report.
This rule is intended to implement Iowa Code chapter
				  434.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 106 - Determination of Value of Railroad Companies › Rule 701-106.3 - Comparable Sales

Current through Register Vol. 47, No. 3, July 24, 2024
Sale prices of comparable property in normal transactions
				  shall be taken into consideration in arriving at its market value. In the event
				  comparable sales are not available, the market value of operating property
				  shall be determined by utilizing the three recognized unit approaches to value
				  (i.e., stock and debt approach, income capitalization approach and the cost
				  approach).
This rule is intended to implement Iowa Code section
				  434.15.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 106 - Determination of Value of Railroad Companies › Rule 701-106.5 - Income Capitalization Approach to Unit Value

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The income capitalization approach to
				unit value estimates the market value of the operating property by dividing the
				income stream generated by the operating assets by a market-derived
				capitalization rate based on the costs of the various sources of capital
				utilized or available for use to purchase the assets generating the income
				stream.
a. The net railway operating income to
				be capitalized shall be a weighted average net railway operating income. The
				weighted average net railway operating income shall consist of an average of
				the three 12-month periods immediately preceding the valuation date. Each of
				the three preceding 12-month periods shall be weighted by multiplying the first
				preceding period by 60 percent, the second preceding period by 30 percent, and
				the third preceding period by 10 percent. There shall be no adjustment for the
				company's current-year deferred income taxes to this income stream.
b. The department may also utilize a "free
				cash flow model" in calculating the railway operating income to be capitalized.
				The "free cash flow model" shall consist of an average of the five 12-month
				periods immediately preceding the valuation date. Each of the five preceding
				12-month periods shall be given equal weighting in the calculation of the
				five-year average railway operating income to be capitalized. Each year the net
				railway operating income shall be adjusted by adding the current-year deferred
				income taxes associated with maintenance expenditures, adding the current-year
				depreciation expense, and subtracting the current-year capital expenditures
				necessary to maintain the plant.
c.
				The department may give consideration to both calculations of operating income
				as described in this subrule to determine the railway operating income to be
				capitalized. The department may also consider, in both calculations,
				adjustments for extraordinary, unusual, and infrequent items. These adjustments
				would not be expected to occur annually and are different from the typical
				railroad business operations. The purpose and intent of the income indicator of
				value is to match income with sources of capital and therefore every source of
				capital utilized or available to be utilized to purchase assets should be
				reflected in the capitalization rate determination as well as all operating
				income. The department shall not include a separate adjustment to either income
				stream for noncapitalized operating leases. In the event the railroad company
				has no income or has a negative income, the indicator of value set forth in
				this subrule shall not be utilized.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 106 - Determination of Value of Railroad Companies › Rule 701-106.6 - Cost Approach to Unit Value

Current through Register Vol. 47, No. 3, July 24, 2024
The cost approach to unit value shall be determined by
				  combining the cost of the operating properties of the railroad and deducting
				  therefrom an allowance for depreciation calculated on a straight-line basis.
				  Other forms of depreciation may be deducted if found to exist.
This rule is intended to implement Iowa Code section
				  434.15.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 106 - Determination of Value of Railroad Companies › Rule 701-106.7 - Correlation

Current through Register Vol. 47, No. 3, July 24, 2024
In making a final determination of value, the department
				  shall give consideration to each of the methodologies described in these rules,
				  the use of which will result in the determination of the fair and reasonable
				  market value of the railroad company's entire operating property. The stock and
				  debt indicator of value and the income indicator of value shall each be
				  weighted at 50 percent. In this particular circumstance, when the department
				  utilizes the stock and debt indicator and the income indicator in the
				  correlation process, the cost indicator will be given no weighting. If
				  circumstances dictate that a particular method is inappropriate for a specific
				  company, that method shall be given little or no weight in the final
				  correlation of value.
This rule is intended to implement Iowa Code section
				  434.15.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 106 - Determination of Value of Railroad Companies › Rule 701-106.8 - Allocation of Unit Value to State

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Allocation by the department.
The department shall allocate
				that portion of the total unit value of the railroad company's operating
				property to the state of Iowa based on factors that are representative of the
				ratio that the railroad company's property and activity in the state of Iowa
				bear to the railroad company's total property and activity. These factors are:
a. Gross operating revenue weighted 40
				percent.
b. All track mileage
				weighted 35 percent.
c. Revenue
				traffic units weighted 15 percent.
d. Car and locomotive mileage weighted 10
				percent.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 106 - Determination of Value of Railroad Companies › Rule 701-106.9 - Exclusions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) From the
				estimate of value pursuant to rule
				701-76.8 (434), there shall be a
				deduction for pollution control property provided in Iowa Code section
				427.1(32).
(2) From the estimate of value pursuant to
				rule 701-76.8 (434), there shall be a
				deduction for interstate bridges and other locally assessed property. Locally
				assessed property shall mean all property subject to an assessing authority
				pursuant to Iowa Code section
				441.54. The respondent shall
				supply a schedule providing the actual value as determined by the local
				assessor on or nearest to the current assessment date.
(3) From the estimate of value determined
				under rule 701-76.8 (434), the value of
				Iowa personal property shall be deducted pursuant to Burlington Northern
				Railroad Company vs. Gerald D. Bair, Director of the Department of Revenue of
				Iowa-United States District Court Order-Civil No. 83-100-A. The computation for
				the percentage of personal property shall be equal to the ratio of the net book
				value of personal property divided by the net book value of the total
				property.
(4) From the estimate of
				value determined under rule
				701-76.7 (434), the intangible
				value shall be deducted pursuant to Burlington Northern Railroad Company vs.
				Gerald D. Bair, Director of the Department of Revenue of Iowa-United States
				District Court Order No: 4-90CV-60406. The deduction shall be equal to 6.6
				percent of the correlated system value for the stock and debt indicator and the
				income indicator.
This rule is intended to implement Iowa Code sections
				  427.1(32),
				  434.15 and
				  434.20.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 107 - Determination of Value of Utility Companies › Rule 701-107.2 - Filing of Annual Reports

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Annual reports required to be filed by the reporting utility company shall be
				on forms prescribed and supplied by the department. It shall be the
				responsibility of the utility company to obtain the forms supplied by the
				department.
(2) Additional
				schedules or attachments submitted by respondent shall be identified as to
				subject matter, shall be typed on paper of similar size to that used in the
				annual report, and all data contained in the schedules or attachments shall be
				adequately explained and documented as to source. When such additional
				schedules or attachments are submitted, they shall be considered part of the
				annual report.
(3) The department
				may require the filing of additional information if deemed necessary. The
				request for additional information shall be answered completely and in
				accordance with instructions therein specified. Additional information required
				shall be considered part of the annual report.
This rule is intended to implement Iowa Code sections
				  428.23,
				  433.1,
				  433.2,
				  437.2,
				  437.4,
				  437.14,
				  438.3,
				  438.4,
				  438.5 and
				  438.6.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 107 - Determination of Value of Utility Companies › Rule 701-107.3 - Comparable Sales

Current through Register Vol. 47, No. 3, July 24, 2024
Sale prices of comparable property in normal transactions
				  shall be taken into consideration in arriving at its market value. In the event
				  comparable sales are not available, the market value of operating property
				  shall be determined by utilizing the three recognized unit approaches to value
				  (i.e., stock and debt approach, income capitalization approach and the cost
				  approach).
This rule is intended to implement Iowa Code sections
				  428.28,
				  433.1,
				  433.2,
				  437.2,
				  437.4,
				  437.14,
				  438.3,
				  438.4,
				  438.5 and
				  438.6.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 107 - Determination of Value of Utility Companies › Rule 701-107.6 - Cost Approach to Unit Value

Current through Register Vol. 47, No. 3, July 24, 2024
The cost approach to unit value shall be determined by
				  combining the cost of the operating properties of the utility and deducting
				  therefrom an allowance for depreciation calculated on a straight-line basis.
				  Other forms of depreciation may be deducted if found to exist. The department
				  may use the replacement cost new less depreciation (RCNLD) valuation
				  methodology for determining the assessed value of the Iowa operating property
				  required under Iowa Code chapter 433.
This rule is intended to implement Iowa Code sections
				  428.29,
				  433.4,
				  437.6,
				  437.7, and
				  438.14.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 107 - Determination of Value of Utility Companies › Rule 701-107.7 - Correlation

Current through Register Vol. 47, No. 3, July 24, 2024
In making a final determination of value, the department may
				  give consideration to each of the methodologies described in these rules, the
				  use of which will result in the determination of the fair and reasonable market
				  value of the utility company's entire operating property. Generally, for other
				  than pipeline companies, the stock and debt indicator of value shall be
				  considered to be the most useful, the income indicator the next most useful,
				  and the cost indicator the least useful. If circumstances dictate that a
				  particular indicator is inappropriate or less reliable for a particular
				  company, the correlation of the indicators of value shall be adjusted
				  accordingly. The correlation for pipeline companies will consider the cost
				  indicator to be the most useful, the income indicator the next most useful, and
				  the stock and debt indicator the least useful. In making the final
				  determination of value, the department will weigh the stock and debt indicator
				  of value at 10 percent, the income indicator of value at 40 percent and the
				  cost indicator of value at 50 percent.
This rule is intended to implement Iowa Code sections
				  428.29,
				  433.4,
				  437.6,
				  437.7, and
				  438.14.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 107 - Determination of Value of Utility Companies › Rule 701-107.8 - Allocation of Unit Value to State

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Allocation by the department.
The department shall allocate
				that portion of the total unit value of the utility company's operating
				property to the state of Iowa based on factors that are representative of the
				ratio that the utility company's property and activity in the state of Iowa
				bear to the utility company's total property and activity. These factors are:
a. Gross operating property weighted 75
				percent, and
b. Gross operating
				revenues, or MCF miles, or barrel miles weighted 25 percent. The selection of
				the property and use factor to be utilized shall depend on the type of utility
				being valued.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 108 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-108.1 - Who Must File Return

Current through Register Vol. 47, No. 3, July 24, 2024
Beginning with property tax years and replacement tax years
				  beginning on or after January 1, 2013, each taxpayer, as defined in Iowa Code
				  section 437B.2, shall file a true and
				  accurate return with the director. The return shall include all of the
				  information prescribed in Iowa Code sections
				  437B.4(1)
"a"
and
"b"
and any other information or
				  schedules requested by the director. The return shall be signed by an officer
				  or other person duly authorized by the taxpayer and must be certified as
				  correct. If the taxpayer was inactive or ceased the conduct of any activity
				  subject to the replacement tax during the tax year, the return must contain a
				  statement to that effect.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 108 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-108.2 - Time and Place for Filing Return

Current through Register Vol. 47, No. 3, July 24, 2024
The return must be filed with the director on or before March
				  31 following the tax year. There is no authority for the director to grant an
				  extension of time to file a return. Therefore, any return which is not filed on
				  or before March 31 following the tax year is untimely.
A taxpayer whose replacement tax liability before credits is
				  $300 or less is not required to file a return. A taxpayer should not file a
				  replacement tax return under such circumstances.
When the due date falls on a Saturday, Sunday, or holiday,
				  the return will be due the following day that is not a Saturday, Sunday, or
				  holiday. Iowa Code section
				  421.9A contains additional
				  information on due dates that fall on a Saturday, Sunday, or holiday. If a
				  return is placed in the mail, properly addressed and postage paid in ample time
				  to reach the director or the department on or before the due date for filing,
				  no penalty will attach should the return not be received until after the due
				  date for filing. The functional meaning of this requirement is that if the
				  return is placed in the mail, properly addressed and postage paid, on or before
				  the due date for filing, no penalty will attach. Mailed returns should be
				  addressed to Department of Revenue, Attention: Local Government Services,
				  Hoover State Office Building, Des Moines, Iowa 50319.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 108 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-108.3 - Form for Filing

Current through Register Vol. 47, No. 3, July 24, 2024
Returns must be made by taxpayers on forms supplied by the
				  department. Taxpayers not supplied with the proper forms shall make application
				  for proper forms to the department in ample time to have the taxpayers' returns
				  made, verified and filed on or before the due date. Each taxpayer shall
				  carefully prepare the taxpayer's return so as to fully and clearly set forth
				  the data required. All information shall be supplied and each direction
				  complied with in the same manner as if the forms were embodied in these
				  rules.
Failure to receive the proper forms does not relieve the
				  taxpayer from the obligation of making the replacement tax return.
Returns received which are not completed, but merely state
				  "see schedule attached," "no tax due," or some other conclusionary statement
				  are not considered to be properly filed returns and may be returned to the
				  taxpayer for proper completion. This may result in the imposition of penalties
				  and interest due to the return's being filed after the due
				  date.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 108 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-108.4 - Payment of Tax

Current through Register Vol. 47, No. 3, July 24, 2024
Payment of tax shall not accompany the filing of the
				  replacement tax return with the director. Payment of tax shall not be made to
				  the director or the state of Iowa. Payment of the proper amount of tax due
				  shall be made to the appropriate county treasurer upon notification by the
				  county treasurer to the taxpayer of the taxpayer's replacement tax
				  obligation.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 108 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-108.5 - Statute of Limitations

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				director has three years after a return is filed to determine the tax due if
				the return is found to be incorrect and to give notice to the taxpayer of the
				determination. This three-year statute of limitations does not apply in the
				instances specified in subrule 78.5(2).
(2) If a taxpayer files a false or fraudulent
				return with the intent to evade any tax, the correct amount of tax due may be
				determined by the director at any time after the return has been
				filed.
(3) If a taxpayer fails to
				file a return, the three-year statute of limitations does not begin until the
				return is filed with the director.
(4) Waiver of statute of limitations. The
				department and the taxpayer may extend the three-year period of limitations
				provided in subrule 78.5(1) above by signing a waiver agreement form provided
				by the department. The agreement shall designate the period of extension and
				the tax year for which the extension applies. The agreement shall provide that
				the taxpayer may file a claim for refund of replacement tax at any time prior
				to the expiration of the agreement.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 108 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-108.6 - Billings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice
				of adjustments.
a.
Authorization to send notice of adjustments.
An agent,
				auditor, clerk, or employee of the department, designated by the director to
				examine returns and make audits, who discovers discrepancies in returns or
				learns that items subject to tax may not have been listed or included as
				taxable, in whole or in part, or that no return was filed when one was due is
				authorized to notify the taxpayer of this discovery by ordinary mail. This
				notice is not an assessment. It informs the taxpayer what amount would be due
				if the information discovered is correct. A copy of such notice shall also be
				sent to the appropriate county treasurer.
b.
Right of taxpayer upon receipt of
				notice of adjustment.
A taxpayer who has received notice of an
				adjustment in connection with a return may pay the additional amount stated to
				be due to the appropriate county treasurer. If payment is made, and the
				taxpayer wishes to contest the matter, the taxpayer should file a timely claim
				for refund. However, payment will not be required until an assessment has been
				made, although interest will continue to accrue if timely payment is not made.
				If no payment has been made, the taxpayer may discuss with the agent, auditor,
				clerk, or employee who notified the taxpayer of the discrepancy, either in
				person or through correspondence, all matters of fact and law which may be
				relevant to the situation. The taxpayer may also ask for a conference with the
				Department of Revenue, Local Government Services, Hoover State Office Building,
				Des Moines, Iowa. Documents and records supporting the taxpayer's position may
				be required.
c.
Power of
				agent, auditor, or employee to compromise tax claim.
No employee of
				the department has the power to compromise any tax claims. The power of the
				agent, auditor, clerk, or employee who notified the taxpayer of the discrepancy
				is limited to the determination of the correct amount of tax.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 108 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-108.7 - Refunds

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A claim for
				refund of replacement tax may be made on a form obtainable from the department.
				All claims for refund should be filed with the director and not with the county
				treasurer. In the case of a refund claim filed by an agent or representative of
				the taxpayer, a power of attorney must accompany the claim. All claims for
				refund must be in writing.
(2) A
				taxpayer shall not offset a refund or overpayment of tax for one tax year as a
				prior payment of tax of a subsequent tax year on the tax return of a subsequent
				year unless the provisions of Iowa Code section
				437B.4(5)  are
				applicable.
(3) Refunds-statute of
				limitations. The statute of limitations with respect to which refunds or
				credits may be claimed are:
a. The later of
				three years after the due date of the tax payment upon which the refund or
				credit is claimed or one year after which such payment was actually
				made.
b. Ninety days after the due
				date of the tax payment upon which refund or credit is claimed if the tax is
				alleged to be unconstitutional.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 108 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-108.8 - Abatement of Tax

Current through Register Vol. 47, No. 3, July 24, 2024
The abatement provisions of 701-Chapter 19 are applicable to
				  replacement tax. In the event that the taxpayer files a request for abatement
				  with the department, the appropriate county treasurer shall be notified. The
				  department's decision on the abatement request shall be sent to the taxpayer
				  and the appropriate county treasurer.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 108 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-108.10 - Credentials

Current through Register Vol. 47, No. 3, July 24, 2024
Employees of the department have official credentials, and
				  the taxpayer should require proof of the identity of persons claiming to
				  represent the department. No charges shall be made nor gratuities of any kind
				  accepted by an employee of the department for assistance given in or out of the
				  office of the department.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 108 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-108.11 - Audit of Records

Current through Register Vol. 47, No. 3, July 24, 2024
The director or the director's authorized representative
				  shall have the right to examine or cause to be examined the books, papers,
				  records, memoranda or documents of a taxpayer for the purpose of verifying the
				  correctness of a tax return filed or of information presented or for estimating
				  the tax liability of a taxpayer. When a taxpayer fails or refuses to produce
				  the records for examination upon request, the director shall have authority to
				  require, by a subpoena, the attendance of the taxpayer and any other
				  witness(es) whom the director deems necessary or expedient to examine and
				  compel the taxpayer and witness(es) to produce books, papers, records,
				  memoranda or documents relating in any manner to the replacement
				  tax.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 108 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-108.12 - Information Confidential

Current through Register Vol. 47, No. 3, July 24, 2024
Iowa Code sections
				  437B.10(2)  and
				  437B.10(3) 
				  apply generally to the director, deputies, auditors, and present or former
				  officers and employees of the department. Disclosure of the gallons of water
				  delivered by a taxpayer taxed under Iowa Code chapter 437B in a service area
				  disclosed on a tax return, return information, or investigative or audit
				  information is prohibited. Other persons having acquired this confidential
				  information will be bound by the same rules of secrecy under these Iowa Code
				  provisions as any member of the department and will be subject to the same
				  penalties for violations as provided by law.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 108 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-108.13 - Who Must File Return

Current through Register Vol. 47, No. 3, July 24, 2024
Each taxpayer shall file a true and accurate return with the
				  director. The return shall include all of the information prescribed in Iowa
				  Code section 437B.17 and any other
				  information or schedules requested by the director. The return shall be signed
				  by an officer or other person duly authorized by the taxpayer and must be
				  certified as correct. If the taxpayer was inactive or ceased the conduct of any
				  activity for which the taxpayer's property was subject to the statewide
				  property tax during the tax year, the return must contain a statement to that
				  effect.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 108 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-108.14 - Time and Place for Filing Return

Current through Register Vol. 47, No. 3, July 24, 2024
The return must be filed with the director on or before March
				  31 following the tax year. There is no authority for the director to grant an
				  extension of time to file a return. Therefore, any return which is not filed on
				  or before March 31 following the tax year is untimely.
When the due date falls on a Saturday, Sunday, or holiday,
				  the return will be due the following day that is not a Saturday, Sunday, or
				  holiday. Iowa Code section
				  421.9A contains additional
				  information on due dates that fall on a Saturday, Sunday, or holiday. If a
				  return is placed in the mail, properly addressed and postage paid in ample time
				  to reach the director or the department on or before the due date for filing,
				  no penalty will attach should the return not be received until after that date.
				  The functional meaning of this requirement is that if the return is placed in
				  the mail, properly addressed and postage paid, on or before the due date for
				  filing, no penalty will attach. Mailed returns should be addressed to
				  Department of Revenue, Attention: Local Government Services, Hoover State
				  Office Building, Des Moines, Iowa 50319.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 108 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-108.16 - Payment of Tax

Current through Register Vol. 47, No. 3, July 24, 2024
Payment of the tax required to be shown due on the statewide
				  property tax return shall accompany the filing of the return. All checks shall
				  be made payable to the Iowa Department of Revenue. Failure to pay the tax
				  required to be shown due on the tax return by the due date shall render the tax
				  delinquent.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 108 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-108.17 - Statute of Limitations

Current through Register Vol. 47, No. 3, July 24, 2024
Rule
				  701-78.5 (437B) is incorporated
				  herein by reference.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 108 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-108.18 - Billings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice
				of adjustments.
Subrule 78.6(1) is incorporated herein by
				reference.
(2)
Notice of
				assessment.
If, after following the procedure outlined in paragraph
				78.6(1)
"b,"
no agreement is reached and the person does not
				pay the amount determined to be correct to the director, a notice of the amount
				of tax due shall be sent to the taxpayer. This notice of assessment shall bear
				the signature of the director and will be sent by ordinary mail to the
				taxpayer.
A taxpayer has 60 days from the date of the notice of
				  assessment to file a protest according to the provisions of rule
				  701-7.8 (17A), or if the
				  taxpayer fails to timely appeal a notice of assessment, the taxpayer may make
				  payment pursuant to rule
				  701-7.8 (17A) to the director
				  and file a refund claim with the director within the applicable period provided
				  in Iowa Code sections
				  437B.10 and
				  437B.18 for filing such
				  claims.
(3)
Supplemental assessments.
Subrule 78.6(3) is incorporated
				herein by reference.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 108 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-108.19 - Refunds

Current through Register Vol. 47, No. 3, July 24, 2024
Subrules 78.7(1) to 78.7(3), 78.7(5) and 78.7(7) are
				  incorporated herein by reference.
No credit or refund of taxes alleged to be unconstitutional
				  shall be allowed if such taxes were not paid under written protest which
				  specifies the particulars of the alleged unconstitutionality.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 108 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-108.20 - Abatement of Tax

Current through Register Vol. 47, No. 3, July 24, 2024
The abatement provisions of 701-Chapter 19 are applicable to
				  the statewide property tax.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 108 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-108.21 - Taxpayers Required to Keep Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Records required. The records required in
				this rule must be made available for examination upon request by the director
				or the director's authorized representative. The records must include all of
				those which would support the entries required to be made on the tax return.
				These records include but are not limited to:
a. Records associated with the assessed value
				and base year assessed value of property subject to the statewide property
				tax.
b. Records associated with the
				computation of the statewide property tax required to be shown due on the tax
				return.
c. Records associated with
				the book value of the local amount of any major addition by the local taxing
				district.
d. Records associated
				with the book value of the statewide amount of any major addition.
e. Records associated with the transfer or
				disposal of all operating property, as that term is defined in Iowa Code
				section 437B.2(10), in
				the preceding calendar year, by local taxing district.
f. Records associated with the book value of
				all other taxpayer property subject to the statewide property tax.
g. Records associated with the book value of
				any major addition, by situs, eligible for the urban revitalization exemption
				provided for in Iowa Code chapter 404.
h. All work papers associated with any of the
				records described in this rule.
i.
				Records associated with allocation of property subject to statewide property
				tax among local taxing districts.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 108 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-108.9 - Taxpayers Required to Keep Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Records required by taxpayers taxed under
				Iowa Code chapter 437B. The records required in this rule must be made
				available for examination upon request by the director or the director's
				authorized representative. The records must include all of those which would
				support the entries required to be made on the tax return. These records
				include but are not limited to:
a. Records
				associated with the total number of gallons of water carried through the
				taxpayer's distribution system during the tax year and during each of the
				immediately preceding five calendar years. For calendar years prior to tax year
				2013, the total number of gallons of water carried through the taxpayer's
				distribution system is calculated as though Iowa Code chapter 437B was in
				effect for such calendar year.
b.
				Records associated with the total amount of nonrevenue water, as that term is
				defined in Iowa Code section
				437B.2(9),
				carried through the taxpayer's distribution system during the tax year and
				during each of the immediately preceding five calendar years. For calendar
				years prior to tax year 2013, the total number of gallons of nonrevenue water
				carried through the taxpayer's distribution system is calculated as though Iowa
				Code chapter 437B was in effect for such calendar year.
c. Records associated with the total taxable
				gallons of water delivered by the taxpayer to consumers, as that term is
				defined in Iowa Code section
				437B.2(2),
				within the service area during the tax year and during each of the immediately
				preceding five calendar years. For calendar years prior to tax year 2013, the
				total taxable gallons delivered by the taxpayer to consumers by the water
				utility is the difference between the gallons of water calculated in paragraphs
				78.9(1)
"a"
and
"b."
d. For tax years 2013, 2014, and 2015,
				records associated with property tax amounts due and payable as the result of
				assessment years 2010 and 2011.
e.
				Records associated with the taxpayer's calculation of the tentative replacement
				taxes due for the tax year and required to be shown on the tax
				return.
f. Records associated with
				increases or decreases in the tentative replacement tax required to be shown to
				be due where the replacement delivery tax rates are subject to recalculation
				under the provisions of Iowa Code section
				437B.4(5).
g. All work papers associated with any of the
				records described in this subrule.
h. Records pertaining to any additions or
				deletions of property described as exempt from local property tax in Iowa Code
				section 437B.12.
i. Records associated with allocation of
				property described in paragraph 78.9(1)
"h"
above among local
				taxing districts.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 109 - Real Estate Transfer Tax and Declarations of Value › Rule 701-109.1 - Real Estate Transfer Tax: Responsibility of County Recorders

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Forms.
County recorders shall use only forms provided by the
				department of revenue for the collection of real estate transfer tax and the
				recording and reporting of such tax collections.
(2)
Monthly reports.
County
				recorders shall submit a report to the department of revenue on or before the
				tenth day of each month enumerating real estate transfer tax collection
				information for the preceding month. This report shall be submitted on forms
				prescribed by the department of revenue and shall contain such information as
				is deemed necessary by the department.
(3)
Evidence of payment.
The
				recorder or authorized employee of the recorder must enter the tax payment
				amount on the face of the instrument of conveyance presented for
				recording.
(4)
Recording
				refused.
The county recorder shall refuse to record any deed,
				instrument, or writing regardless of any statement by the grantor, grantee, or
				their agents that the transaction is exempt pursuant to Iowa Code section
				428A.2, if, in the recorder's judgment, additional facts are necessary to
				clarify the taxable status of the transfer or determine the full consideration
				paid for the property. The county recorder may request from the grantor,
				grantee, or their agents, any information necessary to determine the taxable
				status of the transfer or the full amount of consideration involved in the
				transaction. County recorders under no circumstance shall record any deed or
				instrument of conveyance for which the proper amount of real estate transfer
				tax has not been collected. This applies to the collection of tax in excess of
				the amount due for the actual amount of consideration as well as situations in
				which an insufficient amount of tax has been collected.
(5)
Refunds or
				underpayments.
a.
Refunds.
County recorders shall not refund any overpayment of
				a real estate transfer tax. The grantor of the real property for which the real
				estate transfer tax has been overpaid shall petition the state appeal board for
				a refund of the overpayment amount paid to the treasurer of state. A refund of
				the remaining portion of the overpayment shall be petitioned from the board of
				supervisors of the county in which the tax was paid.
b.
Underpayments.
The county
				recorder shall collect any amount of tax found to be due. If the county
				recorder is unable to collect the tax, the director of revenue shall collect
				the tax in the same manner as income taxes are collected and pay the county its
				proportionate share.