reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 75 - Property Tax Administration › Rule 701-75.1 - Tax Year

Current through Register Vol. 47, No. 3, July 24, 2024
The assessment date is January 1 for taxes for the fiscal
				  year which commences 6 months after the assessment date and which become
				  delinquent during the fiscal year commencing 18 months after the assessment
				  date. For example, taxes payable in fiscal year 1991-1992 are for fiscal year
				  1990-1991 and are based on the January 1, 1990, assessment.
This rule is intended to implement Iowa Code section
				  44146..
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 75 - Property Tax Administration › Rule 701-75.2 - Partial Payment of Tax

Current through Register Vol. 47, No. 3, July 24, 2024
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 at
				  the rate specified in Iowa Code section
				  44539..
				  Current year taxes may be paid at any time regardless of any outstanding prior
				  year delinquent tax. The minimum payment for delinquent taxes must be equal to
				  or exceed the interest, fees, and costs of the installment being paid.
This rule is intended to implement Iowa Code Supplement
				  section
				  44536A..
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 75 - Property Tax Administration › Rule 701-75.3 - When Delinquent

Current through Register Vol. 47, No. 3, July 24, 2024
The first half installment of taxes shall become delinquent
				  if not received by the county treasurer on or before the last business day
				  preceding October 1, and the second half installment shall become delinquent if
				  not received by the county treasurer on or before the last business day
				  preceding April 1. If mailed, the payment envelope must bear a postmark date
				  preceding October 1 or April 1 to avoid delinquency. If paid electronically,
				  the payment must be initiated by midnight on the last day of the month
				  preceding the delinquent date to avoid interest on the taxes. However, in those
				  instances when the last day of September or March is a Saturday or Sunday, the
				  taxes become delinquent on the second business day of October or April,
				  whichever is applicable. Delinquent taxes shall draw interest at the rate
				  specified in Iowa Code section
				  44539..
This rule is intended to implement Iowa Code section
				  44537..
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 75 - Property Tax Administration › Rule 701-75.4 - Payment of Subsequent Year Taxes by Purchaser

Current through Register Vol. 47, No. 3, July 24, 2024
Taxes for a subsequent year may not be paid by the purchaser
				  of the property sold at tax sale until 14 days following the date from which an
				  installment becomes delinquent.
This rule is intended to implement Iowa Code section
				  44632.
				  as amended by 1993 Iowa Acts, chapter 73.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 75 - Property Tax Administration › Rule 701-75.5 - Central Assessment Confidentiality

Current through Register Vol. 47, No. 3, July 24, 2024
The release of information contained in any reports filed
				  under Iowa Code chapters 428, 433, 434, 437, 43 7A, and 438 and 2013 Iowa Acts,
				  Senate File 451, sections 10 to 30, or obtained by the department in the
				  administration of those chapters, is governed by the general provisions of Iowa
				  Code chapter 22 since there are no specific provisions relating to confidential
				  information contained in those chapters. Any request for information must be
				  made pursuant to rule
				  701-62. (17A).
				  See rule
				  701-63.
				  (17A).
Any request for information pertaining to a taxpayer's
				  business affairs, operations, source of income, profits, losses, or
				  expenditures must be made in writing to the director. The taxpayer to whom the
				  information relates will be notified of the request for information and will be
				  allowed 20 days to substantiate any claim of confidentiality under Iowa Code
				  chapter 22 or any other statute such as Iowa Code section
				  42272..
				  If substantiated, the request will be denied; otherwise, the information will
				  be released to the requesting party. This rule will not prevent the exchange of
				  information between state and federal agencies.
This rule is intended to implement Iowa Code chapters 428,
				  433, 434, 437, 437A, and 438 and 2013 Iowa Acts, Senate File 451, sections 10
				  to 30.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 75 - Property Tax Administration › Rule 701-75.6 - Tax Sale

Current through Register Vol. 47, No. 3, July 24, 2024
The county treasurer shall hold the annual tax sale on the
				  third Monday in June. If, for good cause, the treasurer is unable to hold the
				  tax sale on that date, the treasurer may designate a different date in June for
				  the sale.
This rule is intended to implement Iowa Code section
				  4467. as amended
				  by 1999 Iowa Acts, chapter 4, section 1.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 75 - Property Tax Administration › Rule 701-75.7 - Refund of Tax

Current through Register Vol. 47, No. 3, July 24, 2024
The board of supervisors shall order the county treasurer to
				  refund taxes found to have been erroneously or illegally collected. A claim for
				  refund must be presented to the board within two years of the date the tax was
				  due or if appealed within two years of the final decision.
This rule is intended to implement Iowa Code section
				  44560.
				  as amended by 1999 Iowa Acts, chapter 174, section 6.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 75 - Property Tax Administration › Rule 701-75.8 - Delinquent Property Taxes

Current through Register Vol. 47, No. 3, July 24, 2024
A county is immune from the statute of limitations when
				  collecting delinquent property taxes levied on or after April 1, 1992 (Fennelly
				  v. A-1 Machine and Tool Co., No. 73/04-1232-10/6/06).
This rule is intended to implement Iowa Code section
				  6141. as amended by 2007
				  Iowa Acts, Senate File 450.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 76 - Determination of Value of Railroad Companies › Rule 701-76.2 - 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 I - Administration › Chapter 76 - Determination of Value of Railroad Companies › Rule 701-76.3 - 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
				  43415..
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 76 - Determination of Value of Railroad Companies › Rule 701-76.5 - 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 I - Administration › Chapter 76 - Determination of Value of Railroad Companies › Rule 701-76.6 - 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
				  43415..
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 76 - Determination of Value of Railroad Companies › Rule 701-76.7 - 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 I - Administration › Chapter 76 - Determination of Value of Railroad Companies › Rule 701-76.8 - 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 I - Administration › Chapter 76 - Determination of Value of Railroad Companies › Rule 701-76.9 - Exclusions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) From the
				estimate of value pursuant to rule 76.8(434), there shall be a deduction for
				pollution control property provided in Iowa Code section
				4271(32)..
(2) From the estimate of value pursuant to
				rule 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
				44154.. 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 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 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 I - Administration › Chapter 77 - Determination of Value of Utility Companies › Rule 701-77.2 - 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
				  42823.,
				  433.1,
				  4332.,
				  4372.,
				  4374.,
				  43714.,
				  4383.,
				  4384.,
				  4385.
				  and 438.6.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 77 - Determination of Value of Utility Companies › Rule 701-77.3 - 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
				  42828.,
				  4331.,
				  4332.,
				  4372.,
				  4374.,
				  43714.,
				  4383.,
				  4384.,
				  4385.
				  and
				  4386..
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 77 - Determination of Value of Utility Companies › Rule 701-77.6 - 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
				  42829.,
				  433.4,
				  4376.,
				  4377., and
				  43814..
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 77 - Determination of Value of Utility Companies › Rule 701-77.7 - Correlation

Current through Register Vol. 47, No. 3, July 24, 2024
In making a final determination of value the director 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
				  director 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
				  42829.,
				  4334.,
				  4376.,
				  4377., and
				  43814..
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 77 - Determination of Value of Utility Companies › Rule 701-77.8 - 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 I - Administration › Chapter 78 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-78.1 - 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
				  437B2., shall file a
				  true and accurate return with the director. The return shall include all of the
				  information prescribed in Iowa Code sections
				  437B4(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 I - Administration › Chapter 78 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-78.2 - 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 I - Administration › Chapter 78 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-78.3 - 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 I - Administration › Chapter 78 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-78.4 - 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 I - Administration › Chapter 78 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-78.5 - 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 I - Administration › Chapter 78 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-78.6 - 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 I - Administration › Chapter 78 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-78.7 - 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
				437B4(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 I - Administration › Chapter 78 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-78.8 - Abatement of Tax

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of rule
				  701-731.
				  (421) are applicable to replacement tax. In the event that the taxpayer files a
				  request for abatement with the director, the appropriate county treasurer shall
				  be notified. The director'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 I - Administration › Chapter 78 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-78.9 - 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
				437B2(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 43
				7B 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
				437B2(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
				437B4(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 I - Administration › Chapter 78 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-78.10 - 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 I - Administration › Chapter 78 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-78.11 - 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 I - Administration › Chapter 78 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-78.12 - Information Confidential

Current through Register Vol. 47, No. 3, July 24, 2024
Iowa Code sections
				  437B10(2).
				  and
				  437B10(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 43 7B 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 I - Administration › Chapter 78 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-78.13 - 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 I - Administration › Chapter 78 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-78.14 - 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 I - Administration › Chapter 78 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-78.16 - 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 I - Administration › Chapter 78 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-78.18 - 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
				  701-78. (17A), or if the
				  taxpayer fails to timely appeal a notice of assessment, the taxpayer may make
				  payment pursuant to rule
				  701-78. (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 I - Administration › Chapter 78 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-78.19 - 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 I - Administration › Chapter 78 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-78.20 - Abatement of Tax

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of rule
				  701-731.
				  (421) are applicable to the statewide property tax.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 78 - Replacement Tax and Statewide Property Tax on Rate-regulated Water Utilities › Rule 701-78.21 - 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
				437B2(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 I - Administration › Chapter 79 - Real Estate Transfer Tax and Declarations of Value › Rule 701-79.1 - 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
				428A2., 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.