reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 86 - Inheritance Tax › Rule 701-86.5 - Gross Estate

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Iowa real and tangible personal property.
a. Real estate and tangible personal property
				with a situs in the state of Iowa and in which the decedent had an interest at
				the time of death is includable in the gross estate regardless of whether the
				decedent was a resident of Iowa. It is immaterial whether the property, or
				interest, is owned singly, jointly, or in common.
b. Certain other real and tangible personal
				property with a situs in the state of Iowa in which the decedent did not have
				an interest at death may also be part of the gross estate for tax purposes.
				Examples of such property transfers include, but are not limited to, transfers
				of real estate in which the grantor retained a life estate, life interest,
				interest or the power of revocation, property or interest in property in trust,
				and gifts made within three years of death in excess of the federal gift tax
				exclusion. These constitute transfers of property in which the decedent may not
				have an interest at death, but are includable in the gross estate for
				inheritance tax purposes.
In re Dieleman's Estate v. Dept. of
				Revenue,
222 N.W.2d 459 (Iowa 1974);
In re English's
				Estate,
206 N.W.2d 305 (Iowa 1973); and
lincoln's Estate v.
				Briggs,
199 N.W.2d 337 (Iowa 1972).
c. A nonresident decedent's interest in a
				corporation, limited liability company, or partnership that owns real or
				tangible personal property with an Iowa situs that is titled in the name of
				that business entity is not subject to inheritance tax. An interest in a
				business entity is intangible personal property which follows the residence of
				the decedent for the purposes of inheritance tax.
d. Tangible personal property as defined in
				Iowa Code section
				633276.
				with an Iowa situs which is distributed in kind from the estate is not subject
				to inheritance tax if the aggregate value of all tangible personal property in
				the estate does not exceed $5,000. See 86.2(1)
"c"
(l)"5."
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 86 - Inheritance Tax › Rule 701-86.12 - The Inheritance Tax Clearance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
In general.
The inheritance tax clearance is a written
				certificate of the department documenting the satisfaction of the inheritance
				tax obligation of the persons succeeding to the property included in the gross
				estate and the personal representative of the estate, and also the obligation
				of the qualified heir, in case special use valuation is elected under Iowa Code
				chapter 450B. The clearance is either in the form of a full payment tax receipt
				or a statement that no tax is due on the shares of the estate. Even though the
				department of revenue has issued an inheritance tax clearance, the tax may be
				subject to change as a result of any federal estate tax changes affecting the
				Iowa inheritance tax. Absent an agreement to the contrary, the six-month
				extension of the statute of limitations for assessing Iowa inheritance tax
				based on federal audit adjustments is limited to federal audit adjustments that
				directly affect Iowa inheritance tax and involve Iowa inheritance tax law that
				incorporates Internal Revenue Code provisions-see Iowa Code section
				45094(5).
				and
Kelly--Springfield Tire Co. v. Iowa State Board of Tax
				Review,
414 N.W.2d 113 (Iowa 1987).
(2)
limitations on the
				clearance.
limitations on the inheritance clearance include, but are
				not limited to:
a. If special use valuation
				has been elected under Iowa Code chapter 45 OB, a clearance certifying all
				inheritance tax has been paid in full, or that no inheritance tax is due, does
				not extend to any additional inheritance tax that may be imposed under Iowa
				Code section 45OB.3 by reason of the early disposition or early cessation of
				the qualified use of the real estate specially valued. Provided, this
				Limitation shall be null and void if:
(1) The
				real estate specially valued remains in qualified use for the ten-year period
				after the decedent's death, or
(2)
				There is an early disposition or early cessation of the qualified use and any
				additional inheritance tax imposed by Iowa Code section
				450B3.
				is paid in full.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 86 - Inheritance Tax › Rule 701-86.13 - No Lien on the Surviving Spouse's Share of the Estate

Current through Register Vol. 47, No. 3, July 24, 2024
Effective for estates of decedents dying on or after January
				  1, 1988, no inheritance tax lien is imposed on the share of the decedent's
				  estate passing to the surviving spouse. In addition, effective for estates of
				  decedents dying on or after July 1, 1997, no inheritance tax lien is imposed on
				  the share of the decedent's estate passing to the decedent's parents,
				  grandparents, great-grandparents, and other lineal ascendants, children
				  (including legally adopted children and biological children entitled to inherit
				  under the laws of this state), grandchildren, great-grandchildren, and other
				  lineal descendants and stepchildren.
This rule is intended to implement Iowa Code sections
				  4507(1). and
				  45012. as
				  amended by 1997 Iowa Acts, Senate File 35.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 86 - Inheritance Tax › Rule 701-86.15 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
Any references made within Chapter 86 of these rules to Iowa
				  Code chapter 451, Iowa Estate Tax; and to Chapter 87 of these rules, Iowa
				  Estate Tax; are applicable only for deaths that occurred prior to July I,
				  2008.
This rule is intended to implement 2008 Iowa Acts, Senate
				  File 2350, section 37.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 87 - Iowa Estate Tax › Rule 701-87.1 - Administration

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Applicability.
				This chapter is applicable only for dates of death occurring prior to January
				1, 2005.
(2) Definitions. The
				following definitions cover 701-Chapter 87 and are in addition to the
				definitions contained in Iowa Code section
				4511..
"Administrator" means the administrator of the compliance
				  division of the department of revenue.
"Compliance division" is the administrative unit of the
				  department created by the director to administer the inheritance, estate,
				  generation skipping transfer, and fiduciary income tax laws of the
				  state.
"Department" means the Iowa department of revenue.
"Director " means the director of revenue.
"Tax " means the Iowa estate tax imposed by Iowa Code chapter
				  451.
"Taxpayer" means the personal representative of the
				  decedent's estate as defined in Iowa Code subsection 633.3(29) and any other
				  person or persons liable for the payment of the federal estate tax under 26
				  U.S.C. Section 2002.
(3)
				Delegation of authority. The director delegates to the administrator of the
				compliance division, subject always to the supervision and review by the
				director, the authority to administer the Iowa estate tax. This delegated
				authority specifically includes, but is not limited to: the determination of
				the correct Iowa estate tax liability; making assessments against the taxpayer
				for additional tax due; authorizing refunds of excessive tax paid; executing
				releases of the tax lien; and the determination of reasonable cause for failure
				to file and timely pay the tax due and granting extensions of time to file the
				return and pay the tax due. The administrator of the compliance division may
				delegate the examination and audit of tax returns to the supervisors,
				examiners, agents and any other employees or representatives of the department.
This rule is intended to implement Iowa Code sections 421.2,
				  421.4 and chapter 451.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 87 - Iowa Estate Tax › Rule 701-87.2 - Confidential and Nonconfidential Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Confidential
				information.
Federal tax returns, federal return information,
				inheritance tax returns, and the books, records, documents and accounts of any
				person, firm or corporation, including stock transfer books, requested to be
				submitted to the department for the enforcement of the Iowa estate tax law,
				shall be deemed and held confidential by the department, subject to public
				disclosure only as provided by law. See 26 U.S.C. Section 6103 pertaining to
				the confidentiality and disclosure of federal tax returns and federal return
				information. See rule
				701-63.
				(17A).
(2)
Information not
				confidential.
Copies of wills, probate inventories, trust instruments,
				deeds, release of a real estate lien, and other documents which are filed for
				public record are not deemed confidential by the department.
This rule is intended to implement Iowa Code chapter 22, and
				  Iowa Code chapters 450 and 451 as amended by 1992 Iowa Acts, Second
				  Extraordinary Session, chapter 1001.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 87 - Iowa Estate Tax › Rule 701-87.4 - Audits, Assessments and Refunds

Current through Register Vol. 47, No. 3, July 24, 2024
701-subrules 86.3(1) to 86.3(3) providing for the audit,
				  assessment and refund of the Iowa inheritance tax shall also be the rules for
				  the audit, assessment and refund of the Iowa estate tax.
This rule is intended to implement Iowa Code sections
				  4513.,
				  4516.,
				  4518.,
				  45110. and
				  45112..
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 87 - Iowa Estate Tax › Rule 701-87.5 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Rule
				  701-864. (450), providing
				  for an appeal to the director and a subsequent appeal to district court under
				  the Iowa Administrative Procedure Act in inheritance tax disputes, shall also
				  be the rule for appeals in Iowa estate tax disputes. See 701-Chapter
				  7.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 87 - Iowa Estate Tax › Rule 701-87.6 - Applicable Rules

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise provided in this chapter, the rules found in
				  701-Chapter 86 apply to the administration of estate tax including, but not
				  limited to, rules regarding statutes of limitations provided, however, that the
				  estate tax is applicable only to deaths occurring prior to January 1,
				  2005.
This rule is intended to implement Iowa Code chapter 17A and
				  section
				  45094.
				  and 2014 Iowa Acts, House File 2435, section 25.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 88 - Generation Skipping Transfer Tax › Rule 701-88.1 - Administration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
The following definitions cover and supplement
				the definitions contained in Iowa Code section
				450A1..
"Administrator"
means the administrator of
				  the compliance division of the department of revenue.
"compliance division"
is the administrative
				  unit of the department created by the director to administer the inheritance,
				  estate, generation skipping transfer, and fiduciary income tax laws of the
				  state.
"Department"
means the department of
				  revenue.
"Director "
means the director of
				  revenue.
"Direct skip "
means the same as the term is
				  defined in Section 2612(c) of the Internal Revenue Code.
"Tax"
means the generation skipping transfer
				  tax imposed by Iowa Code chapter 45OA.
"Taxable distribution"
means the same as the
				  term is defined in Section 2612(b) of the Internal Revenue Code.
"Taxable termination"
means the same as the
				  term is defined in Section 2612(a) of the Internal Revenue Code.
"Taxpayer"
means the transferee of the
				  property subject to the generation skipping transfer in case of a taxable
				  distribution or the trustee and the transferee in case of a taxable
				  termination.
"Transferor, " "trust, " "trustee, "
and
"interest"
mean the same as those respective terms are
				  defined in Section 2652 of the Internal Revenue Code.
(2)
Delegation of authority.
The director delegates to the administrator of the compliance division, subject
				always to the supervision and review by the director, the authority to
				administer the generation skipping transfer tax. This delegated authority
				specifically includes, but is not limited to: the determination of the correct
				generation skipping transfer tax liability; making assessments against the
				taxpayer for additional tax due; authorizing refunds of excessive tax paid;
				executing releases of the tax lien; and granting extensions of time to file the
				return and pay the tax due. The administrator of the compliance division may
				delegate the examination and audit of the tax returns to such supervisors,
				examiners, agents and any employees or representatives of the department as the
				administrator may designate.
This rule is intended to implement Iowa Code sections 421.2
				  and 421.4 and chapter 450A.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 88 - Generation Skipping Transfer Tax › Rule 701-88.2 - Confidential and Nonconfidential Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Confidential
				information.
Federal tax returns, federal return information, Iowa
				generation skipping transfer tax returns, and the books, records, documents and
				accounts of any person, firm or corporation, including stock transfer books,
				requested to be submitted to the department for the enforcement of the
				generation skipping transfer tax law, shall be deemed and held confidential by
				the department, subject to public disclosure only as provided by law. See 26
				U.S.C. Section 6103 pertaining to the confidentiality and disclosure of federal
				tax returns and federal return information. See rule
				701-63.
				(17A).
(2)
Information not
				confidential.
Copies of wills, release of real estate liens, probate
				inventories, trust instruments, deeds and other documents which are filed for
				public record are not deemed confidential by the department.
This rule is intended to implement Iowa Code chapters 22 and
				  45 OA.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 88 - Generation Skipping Transfer Tax › Rule 701-88.4 - Audits, Assessments and Refunds

Current through Register Vol. 47, No. 3, July 24, 2024
701-subrules 86.3(1) to 86.3(3) providing for the audit,
				  assessment and refund of the Iowa inheritance tax shall also be the rules for
				  the audit, assessment and refund of the Iowa generation skipping transfer
				  tax.
This rule is intended to implement Iowa Code sections
				  450A2.,
				  450A4.,
				  450A5.,
				  450A8. to 450A. 12 and
				  450A.14.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 88 - Generation Skipping Transfer Tax › Rule 701-88.5 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Rule
				  701-864. (450A) providing
				  for an appeal to the director and a subsequent appeal to district court under
				  the Iowa Administrative Procedure Act in inheritance tax disputes shall also be
				  the rule for appeals in Iowa generation skipping transfer tax disputes. See
				  701-Chapter 7.
This rule is intended to implement Iowa Code chapter 17A and
				  sections
				  45094.
				  and
				  450A12..
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 88 - Generation Skipping Transfer Tax › Rule 701-88.6 - Generation Skipping Transfers Prior to Public Law 99-514

Current through Register Vol. 47, No. 3, July 24, 2024
Public Law 99-514 repealed the federal generation skipping
				  transfer tax retroactive to June 11, 1976, and provided for a refund of any
				  federal generation skipping transfer tax that had been paid. As a result of
				  this federal statute there is no Iowa generation skipping transfer tax on those
				  transfers which are exempted from the federal tax under Public Law
				  99-514.
This rule is intended to implement Iowa Code chapter 450A and
				  1988 Iowa Acts, chapter 1028.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 88 - Generation Skipping Transfer Tax › Rule 701-88.7 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter is applicable only for dates of death occurring
				  prior to January 1, 2005.
This rule is intended to implement 2014 Iowa Acts, House File
				  2435, section 25.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 89 - Fiduciary Income Tax › Rule 701-89.1 - Administration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
The following definitions cover 701-Chapter 89
				and are in addition to the definitions contained in Iowa Code section
				4224..
"Administrator"
means the administrator of
				  the compliance division of the department of revenue or the personal
				  representative of an intestate estate.
"compliance division"
is the organizational
				  unit of the department created by the director to administer the inheritance,
				  estate, generation skipping transfer, and fiduciary income tax laws.
"Department"
means the department of
				  revenue.
"Director"
means the director of
				  revenue.
"Gross income"
includes any and all income
				  prior to any deductions as set forth on the Iowa fiduciary return of
				  income.
"Personal representative"
means the
				  executor, administrator or trustee of a decedent's estate.
"Tax"
means the income tax imposed on
				  estates and trusts under Iowa Code section 422.6.
"Taxable income"
is the income of the
				  fiduciary and also includes distributions to beneficiaries as set forth on the
				  Iowa fiduciary return of income.
"Taxpayer"
means the executor, administrator
				  or other personal representative of a decedent's estate required to file a
				  return for the estate and the decedent under Iowa Code sections 422.14 and
				  422.23. "Taxpayer" also means the trustee of a trust subject to tax under 26
				  U.S.C. Section 641 and required to file a return under 26 U.S.C. Section
				  6012(b), as well as the trustee of the bankruptcy estate of an individual under
				  Chapter 7 or 11 of Title 11 of the United States Code.
(2)
Delegation of authority.
The director delegates to the administrator of the compliance division, subject
				always to the supervision and review of the director, the authority to
				administer the fiduciary income tax. This authority specifically includes, but
				is not limited to: determining the correct fiduciary income tax liability;
				making tax liability assessments; issuing refunds; releasing tax liens; filing
				tax liability claims in probated estates and releasing the claims upon payment
				of the tax; and issuing the certificate of acquittance authorized by Iowa Code
				section
				42227..
				The administrator of the compliance division may delegate the examination and
				audit of tax returns to the supervisors, agents and employees and
				representatives of the department.
This rule is intended to implement Iowa Code sections 421.2,
				  421.4, 422.6, 422.23, 422.25, 422.26, 422.27 and 422.73.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 89 - Fiduciary Income Tax › Rule 701-89.5 - Extension of Time to File and Pay the Tax

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Automatic extension of time to
				file.
a.
For tax years
				beginning on or after January 1, 1986.
An automatic two-month
				extension of time to file the fiduciary income tax return will be granted by
				the department if the requirements set out in subparagraphs (1) and (2) are
				met.
(1) Filing the extension application on
				or before the due date of the return. See subrule 89.4(8) for what constitutes
				timely filing.
(2) Payment of at
				least 90 percent of the tax by the due date. At least 90 percent of the tax
				required to be shown due must have been paid on or before the due date of the
				return. To determine whether or not 90 percent of the tax was "paid" on or
				before the due date, the aggregate amounts of tax credits applicable to the
				return plus the tax payments which were made on or before the due date are
				divided by the tax required to be shown due on the return. If the aggregate of
				the tax credits and the tax payments is equal to or greater than 90 percent of
				the tax required to be shown due, the taxpayer will have met the "90 percent"
				test and no penalty will be assessed.
If the time for filing is extended, interest as provided by
				  law, from the date the return originally was required to be filed to the date
				  of actual payment of the tax, is to be computed on the unpaid tax. See rule
				  701-10.2(421) for the statutory rate of interest commencing on or after January
				  1, 1982.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 89 - Fiduciary Income Tax › Rule 701-89.7 - Interest or Refunds on Net Operating Loss Carrybacks

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Interest on unpaid tax.
Tax not paid within the time prescribed by law, including the period during an
				extension of time, draws interest at the rate described in rule
				701-102. (421). Payments
				made are first credited to penalty and interest due and then to the tax
				liability. See
Ashland Oil Co. v. Iowa Department of Revenue and
				Finance,
452 N.W.2d 162 (Iowa 1990).
(2)
Interest on refunds and tax paid
				prior to due date.
For the purpose of determining the time interest
				begins to accrue, all income tax withheld, estimated tax paid and other tax
				paid prior to the due date shall be deemed to be paid on the last day the
				return is required to be filed disregarding any extensions of time to file the
				return and pay the tax.
(3)
Interest on a net operating loss carryback
-
the second
				calendar month period
-
on or after April 30, 1981.
For net operating losses occurring in any of the taxable years ending on or
				after April 30, 1981, interest accrues on excess tax paid in a prior year, if
				the loss is carried back to such year, only after the close of the taxable year
				in which the loss occurs or on the first day of the second calendar month
				following the date the tax to be refunded was paid, whichever time is later.
This rule is intended to implement Iowa Code section
				  422.25.
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 89 - Fiduciary Income Tax › Rule 701-89.9 - Audits, Assessments and Refunds

Current through Register Vol. 47, No. 3, July 24, 2024
Rules
				  701-31.
				  (422) to 43.3(422) governing the audit of individual income tax returns, the
				  assessment for tax or additional tax due, and the refund of excessive tax paid
				  shall also govern the audit of the fiduciary income tax return and the
				  assessment and refund of fiduciary income tax.
This rule is intended to implement Iowa Code sections
				  42216.,
				  42225.,
				  42230.,
				  42270.
				  and
				  42273..
Iowa Administrative Code › Agency 701 - Revenue Department › Title I - Administration › Chapter 89 - Fiduciary Income Tax › Rule 701-89.11 - Appeals to the Director

Current through Register Vol. 47, No. 3, July 24, 2024
An estate or trust has the right to appeal to the director
				  for a revision of an assessment for additional tax due, the denial or reduction
				  of a claim for refund, the denial of a request for a waiver of a penalty and
				  the denial of a request for an income tax certificate of acquittance. The
				  beneficiary of an estate or trust has the right to appeal a determination of
				  the correct amount of income distributed and a determination of the correct
				  allocation of deductions, credits, losses and expenses between the estate or
				  trust and the beneficiary. The personal representative of an estate and the
				  trustee of a trust have the right to appeal a determination of personal
				  liability for income taxes required to be paid or withheld and for a penalty
				  personally assessed. An appeal to the director must be in writing and must be
				  made within 60 days of the notice of assessment and the other matters which are
				  subject to appeal or for assessments issued on or after January 1, 1995, if the
				  beneficiary of an estate or trust, the personal representative of an estate, or
				  the trustee of a trust fails to timely appeal a notice of assessment, the
				  person may pay the entire assessment and file a refund claim within the period
				  provided by law for filing such claims. 701-Chapter 7 shall govern appeals to
				  the director See specifically rules
				  701-78. (17A) to
				  701-722.
				  (17A) governing taxpayer protests.
This rule is intended to implement Iowa Code chapter 17A and
				  sections
				  42160.
				  and
				  42228..
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 100 - Collection of Property Tax › Rule 701-100.1 - 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
				  441.46.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 100 - Collection of Property Tax › Rule 701-100.2 - 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
				  445.39. 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 445.36A.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 100 - Collection of Property Tax › Rule 701-100.3 - 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
				  445.39.
This rule is intended to implement Iowa Code section
				  445.37.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 100 - Collection of Property Tax › Rule 701-100.4 - 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
				  446.32 as amended by 1993 Iowa
				  Acts, chapter 73.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 100 - Collection of Property Tax › Rule 701-100.5 - 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, 437A, 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
				  701-6.2 (17A). See rule
				  701-6.3 (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
				  422.72. 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 II - Property Tax › Chapter 100 - Collection of Property Tax › Rule 701-100.6 - 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
				  446.7 as amended by 1999 Iowa
				  Acts, chapter 4, section 1.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 100 - Collection of Property Tax › Rule 701-100.7 - 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
				  445.60 as amended by 1999 Iowa
				  Acts, chapter 174, section 6.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 100 - Collection of Property Tax › Rule 701-100.8 - 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
				  614.1 as amended by 2007 Iowa
				  Acts, Senate File 450.
Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 101 - Replacement Tax and Statewide Property Tax › Rule 701-101.1 - Who Must File Return

Current through Register Vol. 47, No. 3, July 24, 2024
Each taxpayer, as defined in Iowa Code Supplement section
				  437A.3(30),
				  shall file a true and accurate return with the director. The return shall
				  include all of the information prescribed in Iowa Code sections
				  437A.8(1)
"a"
through
"f"
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 101 - Replacement Tax and Statewide Property Tax › Rule 701-101.2 - 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. 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 101 - Replacement Tax and Statewide Property Tax › Rule 701-101.3 - 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 same to the department in ample time to have their 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 a properly filed return 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 101 - Replacement Tax and Statewide Property Tax › Rule 701-101.4 - 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 never 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 101 - Replacement Tax and Statewide Property Tax › Rule 701-101.5 - 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 70.5(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 period of limitations does not begin to run 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 70.5(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 101 - Replacement Tax and Statewide Property Tax › Rule 701-101.6 - Billings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice
				of adjustments.
a. 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 person of this discovery by ordinary mail. This notice
				is not an assessment. It informs the person 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 person upon receipt of notice of
				adjustment. A person 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 person wishes to contest the
				matter, the person 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 person may discuss with the agent, auditor, clerk, or employee who notified
				the person of the discrepancy, either in person or through correspondence, all
				matters of fact and law which may be relevant to the situation. This person 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 person'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 person 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 101 - Replacement Tax and Statewide Property Tax › Rule 701-101.7 - 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 437A.8(7)  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 101 - Replacement Tax and Statewide Property Tax › Rule 701-101.8 - 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,
				  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 101 - Replacement Tax and Statewide Property Tax › Rule 701-101.10 - 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 101 - Replacement Tax and Statewide Property Tax › Rule 701-101.11 - 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, 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 101 - Replacement Tax and Statewide Property Tax › Rule 701-101.13 - Information Confidential

Current through Register Vol. 47, No. 3, July 24, 2024
Iowa Code subsections
				  437A.14(2) and (3)
				   apply generally to the director, deputies,
				  auditors, and present or former officers and employees of the department.
				  Disclosure of the kilowatt-hours of electricity or therms of natural gas
				  delivered by a taxpayer in a competitive 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 101 - Replacement Tax and Statewide Property Tax › Rule 701-101.14 - 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 437A.21 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 101 - Replacement Tax and Statewide Property Tax › Rule 701-101.15 - 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. 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 101 - Replacement Tax and Statewide Property Tax › Rule 701-101.17 - 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.