Bill Text: IA HF2654 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act relating to tax collections for buildings or improvements erected or made by a person on land owned by another person.(Formerly HF 2566, HSB 685.)

Spectrum: Committee Bill

Status: (Engrossed) 2024-04-09 - Subcommittee Meeting: 04/10/2024 11:00AM Senate Lounge. [HF2654 Detail]

Download: Iowa-2023-HF2654-Introduced.html
House File 2654 - Introduced HOUSE FILE 2654 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 2566) (SUCCESSOR TO HSB 685) A BILL FOR An Act relating to tax collections for buildings or 1 improvements erected or made by a person on land owned by 2 another person. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5824HZ (2) 90 dg/jh
H.F. 2654 Section 1. Section 445.32, Code 2024, is amended to read as 1 follows: 2 445.32 Liens on buildings or improvements. 3 1. If a building or improvement is erected or made by a 4 person other than the owner of the land on which the building 5 or improvement is located, as provided for in section 428.4 , 6 and the actual value of the building or improvement is less 7 than twenty thousand dollars, the building is not a residential 8 building, or the improvement is not a residential improvement, 9 the taxes on the building or improvement are and remain a lien 10 on the building or improvement from the date of levy until 11 paid. If the taxes on the building or improvement become 12 delinquent, as provided in section 445.37 , the county treasurer 13 shall collect the tax as provided in sections 445.3 and 445.4 . 14 This section subsection does not apply to special assessments, 15 or rates or charges. 16 2. If a building or improvement is erected or made by a 17 person other than the owner of the land on which the building 18 or improvement is located, as provided for in section 428.4, 19 the actual value of the building or improvement is twenty 20 thousand dollars or more, and the building is a residential 21 building or the improvement is an improvement to a residential 22 building, the taxes on the building or improvement are and 23 remain a lien on the building or improvement from the date of 24 levy until paid. If the taxes on the building or improvement 25 become delinquent, as provided in section 445.37, the county 26 treasurer shall collect the tax as provided in sections 445.3 27 and 445.4 or pursuant to chapter 446. 28 3. If a county treasurer commences tax collection 29 procedures under this section for delinquent taxes on a 30 building or improvement, the county treasurer shall send 31 notice to the owner of the land on which the building or 32 improvement is collected in the form prescribed by section 33 446.9, subsection 1. 34 EXPLANATION 35 -1- LSB 5824HZ (2) 90 dg/jh 1/ 2
H.F. 2654 The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 When property adjacent to a public improvement benefits from 3 the improvement, a special assessment may be levied against the 4 adjacent properties that received the benefit to pay for all 5 or a portion of the improvement. Under current law, principal 6 and interest due and delinquent because of a special assessment 7 cannot be collected on a building or improvement erected or 8 made by a person on land owned by another person pursuant to 9 Code sections 445.3 and 445.4. This bill allows collections 10 pursuant to Code sections 445.3 and 445.4 or Code chapter 446 11 (tax sales) relating to residential buildings or improvements 12 on residential buildings, with an actual value of $20,000 or 13 more, erected or made by a person on land owned by another 14 person to include principal and interest due and delinquent 15 because of special assessment levies. 16 The bill requires a county treasurer to provide notice to 17 the owner of leased land on which a building or improvement 18 is erected prior to commencing tax collection procedures for 19 delinquent taxes on the building or improvement. 20 -2- LSB 5824HZ (2) 90 dg/jh 2/ 2
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