Bill Text: IA HF653 | 2015-2016 | 86th General Assembly | Amended
Bill Title: A bill for an act relating to state taxation by modifying the disabled veteran homestead tax credit, property tax exemptions authorized for certain associations, institutions, and societies, the definition of livestock for purposes of the sales and use tax, exempting certain all-terrain vehicles and off-road utility vehicles from the sales and use tax, and including effective date and retroactive applicability provisions. (Formerly HSB 217)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2015-06-05 - Referred to Ways & Means. S.J. 1122. [HF653 Detail]
Download: Iowa-2015-HF653-Amended.html
House File 653 - Reprinted HOUSE FILE BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HSB 217) (As Amended and Passed by the House May 6, 2015) A BILL FOR 1 An Act relating to state taxation by modifying the disabled 2 veteran homestead tax credit, property tax exemptions 3 authorized for certain associations, institutions, and 4 societies, the definition of livestock for purposes of the 5 sales and use tax, exempting certain all=terrain vehicles 6 and off=road utility vehicles from the sales and use tax, 7 and including effective date and retroactive applicability 8 provisions. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: HF 653 (4) 86 mm/sc/md PAG LIN 1 1 DIVISION I 1 2 SALES AND USE TAXES 1 3 Section 1. Section 423.1, subsection 25, Code 2015, is 1 4 amended to read as follows: 1 5 25. "Livestock" includes but is not limited to an animal 1 6 classified as an ostrich, rhea, emu, bison,orfarm deer, or 1 7 preserve whitetail as defined in section 484C.1. 1 8 Sec. 2. Section 423.3, subsection 8, paragraph d, Code 2015, 1 9 is amended to read as follows: 1 10 d. (1) For purposes of this subsection, the following 1 11 items are exempt under paragraph "a" when used primarily in 1 12 agricultural production: 1 13 (a) A diesel fuel trailer, regardless of the vehicle to 1 14 which it is to be attached. 1 15 (b) A seed tender, regardless of the vehicle to which it is 1 16 to be attached. 1 17 (c) An all=terrain vehicle. 1 18 (d) An off=road utility vehicle. 1 19 (2) For purposes of this paragraph: 1 20 (a) "All=terrain vehicle" means the same as defined in 1 21 section 321I.1. 1 22(a)(b) "Fuel trailer" means a trailer that holds dyed 1 23 diesel fuel or diesel exhaust fluid and that is used to 1 24 transport such fuel or fluid to a self=propelled implement of 1 25 husbandry. 1 26 (c) "Off=road utility vehicle" means the same as defined in 1 27 section 321I.1. 1 28(b)(d) "Seed tender" means a trailer that holds seed and 1 29 that is used to transport seed to an implement of husbandry and 1 30 load seed into an implement of husbandry. 1 31 Sec. 3. REFUNDS. Refunds of taxes, interest, or penalties 1 32 that arise from claims resulting from the amendment to section 1 33 423.1, subsection 25, in this division of this Act, for sales 1 34 occurring between July 1, 2005, and the effective date of the 1 35 section amending section 423.1, subsection 25, in this division 2 1 of this Act, shall not be allowed, notwithstanding any other 2 2 provision of law to the contrary. 2 3 Sec. 4. EFFECTIVE UPON ENACTMENT. The section of this 2 4 division of this Act amending section 423.1, subsection 2 5 25, being deemed of immediate importance, takes effect upon 2 6 enactment. 2 7 Sec. 5. RETROACTIVE APPLICABILITY. The section of this 2 8 division of this Act amending section 423.1, subsection 25, 2 9 applies retroactively to July 1, 2005. 2 10 DIVISION II 2 11 DISABLED VETERAN HOMESTEAD 2 12 PROPERTY TAX CREDIT APPLICATION 2 13 Sec. 6. 2015 Iowa Acts, House File 166, is amended by adding 2 14 the following new section: 2 15 NEW SECTION. SEC. 6. EXCEPTION TO APPLICATION FILING 2 16 DEADLINE. Notwithstanding the filing deadline under section 2 17 425.2, claims for the homestead credit authorized under section 2 18 425.15, as amended in this Act, filed after July 1, 2014, but 2 19 before July 1, 2015, shall be considered to be a claim properly 2 20 filed for taxes due and payable in the fiscal year beginning 2 21 July 1, 2015. 2 22 Sec. 7. EFFECTIVE UPON ENACTMENT. This division of this 2 23 Act, being deemed of immediate importance, takes effect upon 2 24 enactment. 2 25 Sec. 8. RETROACTIVE APPLICABILITY. This division of this 2 26 Act applies retroactively to March 5, 2015. 2 27 DIVISION III 2 28 PROPERTY TAX EXEMPTION FOR 2 29 CERTAIN INSTITUTIONS AND SOCIETIES 2 30 Sec. 9. Section 427.1, subsections 6 and 8, Code 2015, are 2 31 amended to read as follows: 2 32 6. Property of cemetery associations. 2 33 a. Burial grounds, mausoleums, buildings, and equipment 2 34 owned and operated by cemetery associations and used 2 35 exclusively for the maintenance and care of the cemeteries 3 1 devoted to interment of human bodies and human remains. The 3 2 exemption granted by this subsection shall not apply to any 3 3 property used for the practice of mortuary science. 3 4 b. Agricultural land owned by a cemetery association and 3 5 leased to another person for agricultural use if the revenues 3 6 resulting from the lease are used by the cemetery association 3 7 exclusively for the maintenance and care of cemeteries owned 3 8 by the cemetery association and devoted to interment of human 3 9 bodies and human remains. 3 10 8. Property of religious, literary, and charitable societies. 3 11 a. All grounds and buildings used or under construction by 3 12 literary, scientific, charitable, benevolent, agricultural, 3 13 and religious institutions and societies solely for their 3 14 appropriate objects, not exceeding three hundred twenty 3 15 acres in extent and not leased or otherwise used or under 3 16 construction with a view to pecuniary profit. However, 3 17 an organization mentioned in this subsection whose primary 3 18 objective is to preserve land in its natural state may own 3 19 or lease land not exceeding three hundred twenty acres in 3 20 each county for its appropriate objects. For assessment 3 21 years beginning on or after January 1, 2016, the exemption 3 22 granted by this subsection shall also apply to grounds owned 3 23 by a religious institution or society, not exceeding a total 3 24 of fifty acres, if all monetary and in=kind profits of the 3 25 religious institution or society resulting from use or lease of 3 26 the grounds are used exclusively by the religious institution 3 27 or society for the appropriate objects of the institution or 3 28 society. 3 29 b. All deeds or leases by which such property is held shall 3 30 be filed for record before the property herein described shall 3 31 be omitted from the assessment. All such property shall be 3 32 listed upon the tax rolls of the district or districts in which 3 33 it is located and shall have ascribed to it an actual fair 3 34 market value and an assessed or taxable value, as contemplated 3 35 by section 441.21, whether such property be subject to a levy 4 1 or be exempted as herein provided and such information shall 4 2 be open to public inspection. 4 3 Sec. 10. IMPLEMENTATION. Section 25B.7 shall not apply to 4 4 this division of this Act. HF 653 (4) 86 mm/sc/md
