Bill Text: IA HSB695 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to property tax classifications, credits, assessment limitations, exemptions, and administration, making appropriations, and including effective date, applicability, and retroactive applicability provisions.(See HF 2636.)

Spectrum: Committee Bill

Status: (N/A - Dead) 2020-03-12 - Committee report, recommending passage. H.J. 595. [HSB695 Detail]

Download: Iowa-2019-HSB695-Introduced.html
House Study Bill 695 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF REVENUE BILL) A BILL FOR An Act relating to property tax classifications, credits, 1 assessment limitations, exemptions, and administration, 2 making appropriations, and including effective date, 3 applicability, and retroactive applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5408XD (10) 88 md/jh
S.F. _____ H.F. _____ DIVISION I 1 BUSINESS PROPERTY TAX CREDIT AND REPLACEMENT CLAIMS 2 Section 1. Section 2.48, subsection 3, paragraph f, 3 subparagraph (5), Code 2020, is amended by striking the 4 subparagraph. 5 Sec. 2. Section 331.512, subsection 5, Code 2020, is amended 6 by striking the subsection. 7 Sec. 3. Section 331.559, subsection 15, Code 2020, is 8 amended by striking the subsection. 9 Sec. 4. Section 357H.9, subsection 1, paragraph d, 10 subparagraph (2), Code 2020, is amended to read as follows: 11 (2) The difference between the actual value of the property 12 as determined by the assessor each year and the percentage 13 of adjustment certified for that year by the director of 14 revenue on or before November 1 assessed value of the property 15 following application of the assessment limitations pursuant to 16 section 441.21, subsection 9 , multiplied by the actual value of 17 the property as determined by the assessor, shall be subtracted 18 from the actual value of the property as determined pursuant to 19 section 403.19, subsection 1 . 20 Sec. 5. Section 357H.9, subsection 1, paragraph f, 21 subparagraph (1), Code 2020, is amended to read as follows: 22 (1) “Base year taxable value” means the actual value of 23 the property as determined in section 403.19, subsection 1 , 24 multiplied by the percentage of adjustment certified for the 25 assessment year specified in section 403.19, subsection 1 , 26 by the director of revenue on or before November 1 following 27 application of the assessment limitations pursuant to section 28 441.21, subsection 9 . 29 Sec. 6. Section 403.20, Code 2020, is amended to read as 30 follows: 31 403.20 Percentage of adjustment considered in value 32 assessment. 33 In determining the assessed value of property within an 34 urban renewal area which is subject to a division of tax 35 -1- LSB 5408XD (10) 88 md/jh 1/ 22
S.F. _____ H.F. _____ revenues pursuant to section 403.19 , the difference between the 1 actual value of the property as determined by the assessor each 2 year and the percentage of adjustment certified for that year 3 by the director of revenue on or before November 1 pursuant 4 to section 441.21, subsection 9 , multiplied by the actual 5 value of the property as determined by the assessor following 6 application of the assessment limitations under section 441.21, 7 subsection 9 , shall be subtracted from the actual value of the 8 property as determined pursuant to section 403.19, subsection 9 1 . If the assessed value of the property as determined 10 pursuant to section 403.19, subsection 1 , is reduced to zero, 11 the additional valuation reduction shall be subtracted from the 12 actual value of the property as determined by the assessor. 13 Sec. 7. Section 426C.2, Code 2020, is amended to read as 14 follows: 15 426C.2 Business property tax credit fund —— appropriation. 16 1. A business property tax credit fund is created in the 17 state treasury under the authority of the department. For the 18 fiscal year beginning July 1, 2014, there is appropriated from 19 the general fund of the state to the department to be credited 20 to the fund, the sum of fifty million dollars to be used for 21 business property tax credits authorized in this chapter . For 22 the fiscal year beginning July 1, 2015, there is appropriated 23 from the general fund of the state to the department to be 24 credited to the fund, the sum of one hundred million dollars 25 to be used for business property tax credits authorized in 26 this chapter . For the fiscal year beginning July 1, 2016, and 27 each fiscal year thereafter beginning before July 1, 2021 , 28 there is appropriated from the general fund of the state to the 29 department to be credited to the fund, the sum of one hundred 30 twenty-five million dollars to be used for business property 31 tax credits authorized in this chapter . 32 2. Notwithstanding section 12C.7, subsection 2 , interest or 33 earnings on moneys deposited in the fund shall be credited to 34 the fund. Moneys in the fund are not subject to the provisions 35 -2- LSB 5408XD (10) 88 md/jh 2/ 22
S.F. _____ H.F. _____ of section 8.33 and shall not be transferred, used, obligated, 1 appropriated, or otherwise encumbered except as provided in 2 this chapter . However, moneys remaining in the fund at the end 3 of the fiscal year beginning July 1, 2020, shall be transferred 4 by the department for deposit in the general fund of the state. 5 Sec. 8. NEW SECTION . 426C.10 Future repeal. 6 This chapter is repealed July 1, 2022. 7 Sec. 9. Section 441.21, subsection 5, Code 2020, is amended 8 to read as follows: 9 5. a. For valuations established as of January 1, 1979, 10 property valued by the department of revenue pursuant to 11 chapters 428 , 433 , 437 , and 438 shall be considered as one 12 class of property and shall be assessed as a percentage of 13 its actual value. The percentage shall be determined by the 14 director of revenue in accordance with the provisions of this 15 section . For valuations established as of January 1, 1979, the 16 percentage shall be the quotient of the dividend and divisor 17 as defined in this section . The dividend shall be the total 18 actual valuation established for 1978 by the department of 19 revenue, plus ten percent of the amount so determined. The 20 divisor for property valued by the department of revenue 21 pursuant to chapters 428 , 433 , 437 , and 438 shall be the 22 valuation established for 1978, plus the amount of value added 23 to the total actual value by the revaluation of the property 24 by the department of revenue as of January 1, 1979. For 25 valuations established as of January 1, 1980, property valued 26 by the department of revenue pursuant to chapters 428 , 433 , 27 437 , and 438 shall be assessed at a percentage of its actual 28 value. The percentage shall be determined by the director of 29 revenue in accordance with the provisions of this section . For 30 valuations established as of January 1, 1980, the percentage 31 shall be the quotient of the dividend and divisor as defined in 32 this section . The dividend shall be the total actual valuation 33 established for 1979 by the department of revenue, plus eight 34 percent of the amount so determined. The divisor for property 35 -3- LSB 5408XD (10) 88 md/jh 3/ 22
S.F. _____ H.F. _____ valued by the department of revenue pursuant to chapters 428 , 1 433 , 437 , and 438 shall be the valuation established for 1979, 2 plus the amount of value added to the total actual value by the 3 revaluation of the property by the department of revenue as of 4 January 1, 1980. For valuations established as of January 1, 5 1981, and each year thereafter, the percentage of actual value 6 at which property valued by the department of revenue pursuant 7 to chapters 428 , 433 , 437 , and 438 shall be assessed shall be 8 calculated in accordance with the methods provided herein, 9 except that any references to ten percent in this subsection 10 shall be eight percent. For valuations established on or after 11 January 1, 2013, property valued by the department of revenue 12 pursuant to chapter 434 shall be assessed at a percentage 13 portion of its actual value equal to the percentage of actual 14 value determined in the same manner at which property assessed 15 as commercial property is assessed under paragraph “b” for the 16 same assessment year. 17 b. For valuations established on or after January 1, 2013, 18 commercial property, excluding properties referred to in 19 section 427A.1, subsection 9 , shall be assessed at a percentage 20 portion of its actual value, as determined in this paragraph 21 “b” . 22 (1) For valuations established for the assessment year 23 beginning January 1, 2013, the percentage of actual value 24 as equalized by the department of revenue as provided in 25 section 441.49 at which commercial property shall be assessed 26 shall be ninety-five percent. For valuations established 27 for the assessment year beginning January 1, 2014, and each 28 assessment year thereafter beginning before January 1, 2020 , 29 the percentage of actual value as equalized by the department 30 of revenue as provided in section 441.49 at which commercial 31 property shall be assessed shall be ninety percent. 32 (2) For valuations established for the assessment year 33 beginning January 1, 2020, and each assessment year thereafter, 34 the portion of actual value at which each parcel of commercial 35 -4- LSB 5408XD (10) 88 md/jh 4/ 22
S.F. _____ H.F. _____ property shall be assessed shall be the sum of the following: 1 (a) An amount equal to the product of the assessment 2 limitation percentage applicable to residential property under 3 subsection 4, for that assessment year multiplied by the actual 4 value of the property that exceeds zero dollars but does not 5 exceed one hundred fifty thousand dollars. 6 (b) An amount equal to ninety percent of the actual value of 7 the property for that assessment year that exceeds one hundred 8 fifty thousand dollars. 9 c. For valuations established on or after January 1, 2013, 10 industrial property, excluding properties referred to in 11 section 427A.1, subsection 9 , shall be assessed at a percentage 12 portion of its actual value, as determined in this paragraph 13 “c” . 14 (1) For valuations established for the assessment year 15 beginning January 1, 2013, the percentage of actual value 16 as equalized by the department of revenue as provided in 17 section 441.49 at which industrial property shall be assessed 18 shall be ninety-five percent. For valuations established 19 for the assessment year beginning January 1, 2014, and each 20 assessment year thereafter beginning before January 1, 2020 , 21 the percentage of actual value as equalized by the department 22 of revenue as provided in section 441.49 at which industrial 23 property shall be assessed shall be ninety percent. 24 (2) For valuations established for the assessment year 25 beginning January 1, 2020, and each assessment year thereafter, 26 the portion of actual value at which each parcel of industrial 27 property shall be assessed shall be the sum of the following: 28 (a) An amount equal to the product of the assessment 29 limitation percentage applicable to residential property under 30 subsection 4, for that assessment year multiplied by the actual 31 value of the property that exceeds zero dollars but does not 32 exceed one hundred fifty thousand dollars. 33 (b) An amount equal to ninety percent of the actual value of 34 the property for that assessment year that exceeds one hundred 35 -5- LSB 5408XD (10) 88 md/jh 5/ 22
S.F. _____ H.F. _____ fifty thousand dollars. 1 d. For valuations established for the assessment year 2 beginning January 1, 2019, and each assessment year thereafter, 3 the percentages or portions of actual value at which property 4 is assessed, as determined under this subsection , shall not be 5 applied to the value of wind energy conversion property valued 6 under section 427B.26 the construction of which is approved by 7 the Iowa utilities board on or after July 1, 2018. 8 Sec. 10. Section 441.21, subsections 9 and 10, Code 2020, 9 are amended to read as follows: 10 9. Not later than November 1, 1979, and November 1 of 11 each subsequent year, the director shall certify to the 12 county auditor of each county the percentages of actual 13 value at which residential property, agricultural property, 14 commercial property, industrial property, multiresidential 15 property, property valued by the department of revenue pursuant 16 to chapter 434 , and property valued by the department of 17 revenue pursuant to chapters 428 , 433 , 437 , and 438 in each 18 assessing jurisdiction in the county shall be assessed for 19 taxation , including, for assessment years beginning on or after 20 January 1, 2020, the percentages used to apply the assessment 21 limitations under subsection 5, paragraphs “b and “c” . The 22 county auditor shall proceed to determine the assessed values 23 of agricultural property, residential property, commercial 24 property, industrial property, multiresidential property, 25 property valued by the department of revenue pursuant to 26 chapter 434 , and property valued by the department of revenue 27 pursuant to chapters 428 , 433 , 437 , and 438 by applying such 28 percentages to the current actual value of such property, 29 as reported to the county auditor by the assessor, and the 30 assessed values so determined shall be the taxable values of 31 such properties upon which the levy shall be made. 32 10. The percentage percentages of actual value computed 33 by the department of revenue for agricultural property, 34 residential property, commercial property, industrial property, 35 -6- LSB 5408XD (10) 88 md/jh 6/ 22
S.F. _____ H.F. _____ multiresidential property, property valued by the department 1 of revenue pursuant to chapter 434 , and property valued by the 2 department of revenue pursuant to chapters 428 , 433 , 437 , and 3 438 , including, for assessment years beginning on or after 4 January 1, 2020, the percentages used to apply the assessment 5 limitations under subsection 5, paragraphs “b” and “c” , and 6 used to determine assessed values of those classes of property 7 does do not constitute a rule as defined in section 17A.2, 8 subsection 11 . 9 Sec. 11. Section 441.21A, subsection 1, paragraph a, Code 10 2020, is amended to read as follows: 11 a. For each fiscal year beginning on or after July 1, 2014, 12 there is appropriated from the general fund of the state to 13 the department of revenue an amount necessary for the payment 14 of all commercial and industrial property tax replacement 15 claims under this section for the fiscal year. However, for 16 a fiscal year beginning on or after July 1, 2017, but before 17 July 1, 2021, the total amount of moneys appropriated from the 18 general fund of the state to the department of revenue for the 19 payment of commercial and industrial property tax replacement 20 claims in that fiscal year shall not exceed the total amount of 21 money necessary to pay all commercial and industrial property 22 tax replacement claims for the fiscal year beginning July 1, 23 2016. Additionally, for each fiscal year beginning on or after 24 July 1, 2021, the total amount of moneys appropriated from the 25 general fund of the state to the department of revenue for the 26 payment of commercial and industrial property tax replacement 27 claims in that fiscal year shall not exceed the sum of the 28 total amount of money necessary to pay all commercial and 29 industrial property tax replacement claims for the fiscal year 30 beginning July 1, 2016, plus one hundred twenty-five million 31 dollars. 32 Sec. 12. RETROACTIVE APPLICABILITY. This division of this 33 Act applies retroactively to assessment years beginning on or 34 after January 1, 2020. 35 -7- LSB 5408XD (10) 88 md/jh 7/ 22
S.F. _____ H.F. _____ DIVISION II 1 MULTIRESIDENTIAL PROPERTY 2 Sec. 13. Section 404.2, subsection 2, paragraph f, Code 3 2020, is amended to read as follows: 4 f. A statement specifying whether the revitalization is 5 applicable to none, some, or all of the property assessed as 6 residential, multiresidential, agricultural, commercial, or 7 industrial property within the designated area or a combination 8 thereof and whether the revitalization is for rehabilitation 9 and additions to existing buildings or new construction or 10 both. If revitalization is made applicable only to some 11 property within an assessment classification, the definition of 12 that subset of eligible property must be by uniform criteria 13 which further some planning objective identified in the plan. 14 The city shall state how long it is estimated that the area 15 shall remain a designated revitalization area which time 16 shall be longer than one year from the date of designation 17 and shall state any plan by the city to issue revenue bonds 18 for revitalization projects within the area. For a county, 19 a revitalization area shall include only property which 20 will be used as industrial property, commercial property, 21 multiresidential property, or residential property. However, a 22 county shall not provide a tax exemption under this chapter to 23 commercial property , multiresidential property, or residential 24 property which is located within the limits of a city. 25 Sec. 14. Section 404.3, subsection 4, paragraph a, Code 26 2020, is amended by striking the paragraph and inserting in 27 lieu thereof the following: 28 a. All qualified real estate assessed as residential 29 property is eligible to receive a one hundred percent exemption 30 from taxation on the actual value added by the improvements. 31 Sec. 15. Section 441.21, subsection 2, Code 2020, is amended 32 to read as follows: 33 2. In the event market value of the property being assessed 34 cannot be readily established in the foregoing manner, then 35 -8- LSB 5408XD (10) 88 md/jh 8/ 22
S.F. _____ H.F. _____ the assessor may determine the value of the property using the 1 other uniform and recognized appraisal methods including its 2 productive and earning capacity, if any, industrial conditions, 3 its cost, physical and functional depreciation and obsolescence 4 and replacement cost, and all other factors which would assist 5 in determining the fair and reasonable market value of the 6 property but the actual value shall not be determined by use 7 of only one such factor. The following shall not be taken into 8 consideration: Special value or use value of the property to 9 its present owner, and the goodwill or value of a business 10 which uses the property as distinguished from the value of 11 the property as property. In addition, for assessment years 12 beginning on or after January 1, 2018, and unless otherwise 13 required for property valued by the department of revenue 14 pursuant to chapters 428 , 433 , 437 , and 438 , the assessor 15 shall not take into consideration and shall not request from 16 any person sales or receipts data, expense data, balance 17 sheets, bank account information, or other data related to 18 the financial condition of a business operating in whole or 19 in part on the property if the property is both classified as 20 commercial or industrial property and owned and used by the 21 owner of the business. However, in assessing property that 22 is rented or leased to low-income individuals and families 23 as authorized by section 42 of the Internal Revenue Code, 24 as amended, and which section limits the amount that the 25 individual or family pays for the rental or lease of units 26 in the property, the assessor shall, unless the owner elects 27 to withdraw the property from the assessment procedures for 28 section 42 property, use the productive and earning capacity 29 from the actual rents received as a method of appraisal and 30 shall take into account the extent to which that use and 31 limitation reduces the market value of the property. The 32 assessor shall not consider any tax credit equity or other 33 subsidized financing as income provided to the property in 34 determining the assessed value. The property owner shall 35 -9- LSB 5408XD (10) 88 md/jh 9/ 22
S.F. _____ H.F. _____ notify the assessor when property is withdrawn from section 42 1 eligibility under the Internal Revenue Code or if the owner 2 elects to withdraw the property from the assessment procedures 3 for section 42 property under this subsection . The property 4 shall not be subject to section 42 assessment procedures 5 for the assessment year for which section 42 eligibility is 6 withdrawn or an election is made. This notification must 7 be provided to the assessor no later than March 1 of the 8 assessment year or the owner will be subject to a penalty of 9 five hundred dollars for that assessment year. The penalty 10 shall be collected at the same time and in the same manner 11 as regular property taxes. An election to withdraw from the 12 assessment procedures for section 42 property is irrevocable. 13 Property that is withdrawn from the assessment procedures 14 for section 42 property shall be classified and assessed as 15 multiresidential residential property unless the property 16 otherwise fails to meet the requirements of subsection 13 14 . 17 Upon adoption of uniform rules by the department of revenue 18 or succeeding authority covering assessments and valuations 19 of such properties, the valuation on such properties shall be 20 determined in accordance with such rules and in accordance with 21 forms and guidelines contained in the real property appraisal 22 manual prepared by the department as updated from time to time 23 for assessment purposes to assure uniformity, but such rules, 24 forms, and guidelines shall not be inconsistent with or change 25 the foregoing means of determining the actual, market, taxable 26 and assessed values. 27 Sec. 16. Section 441.21, subsection 8, paragraph b, Code 28 2020, is amended to read as follows: 29 b. Notwithstanding paragraph “a” , any construction or 30 installation of a solar energy system on property classified 31 as agricultural, residential, commercial, multiresidential, or 32 industrial property shall not increase the actual, assessed, 33 and taxable values of the property for five full assessment 34 years. 35 -10- LSB 5408XD (10) 88 md/jh 10/ 22
S.F. _____ H.F. _____ Sec. 17. Section 441.21, subsections 9 and 10, Code 2020, 1 are amended to read as follows: 2 9. Not later than November 1, 1979, and November 1 of each 3 subsequent year, the director shall certify to the county 4 auditor of each county the percentages of actual value at 5 which residential property, agricultural property, commercial 6 property, industrial property, multiresidential property, 7 property valued by the department of revenue pursuant to 8 chapter 434 , and property valued by the department of revenue 9 pursuant to chapters 428 , 433 , 437 , and 438 in each assessing 10 jurisdiction in the county shall be assessed for taxation. The 11 county auditor shall proceed to determine the assessed values 12 of agricultural property, residential property, commercial 13 property, industrial property, multiresidential property, 14 property valued by the department of revenue pursuant to 15 chapter 434 , and property valued by the department of revenue 16 pursuant to chapters 428 , 433 , 437 , and 438 by applying such 17 percentages to the current actual value of such property, 18 as reported to the county auditor by the assessor, and the 19 assessed values so determined shall be the taxable values of 20 such properties upon which the levy shall be made. 21 10. The percentage of actual value computed by the 22 department of revenue for agricultural property, residential 23 property, commercial property, industrial property, 24 multiresidential property, property valued by the department 25 of revenue pursuant to chapter 434 , and property valued by the 26 department of revenue pursuant to chapters 428 , 433 , 437 , and 27 438 and used to determine assessed values of those classes 28 of property does not constitute a rule as defined in section 29 17A.2, subsection 11 . 30 Sec. 18. Section 441.21, subsection 13, paragraphs a, b, and 31 c, Code 2020, are amended to read as follows: 32 a. (1) For the assessment year beginning January 1, 2015, 33 mobile home parks, manufactured home communities, land-leased 34 communities, assisted living facilities, property primarily 35 -11- LSB 5408XD (10) 88 md/jh 11/ 22
S.F. _____ H.F. _____ used or intended for human habitation containing three or more 1 separate dwelling units, and that portion of a building that is 2 used or intended for human habitation and a proportionate share 3 of the land upon which the building is situated, regardless of 4 the number of dwelling units located in the building, if the 5 use for human habitation is not the primary use of the building 6 and such building is not otherwise classified as residential 7 property, shall be valued as a separate class of property 8 known as multiresidential property and, excluding properties 9 referred to in section 427A.1, subsection 9 , shall be assessed 10 at a percentage of its actual value, as determined in this 11 subsection . 12 (2) Beginning with valuations established on or after 13 January 1, 2016, but before January 1, 2021, all of the 14 following shall be valued as a separate class of property 15 known as multiresidential property and, excluding properties 16 referred to in section 427A.1, subsection 9 , shall be assessed 17 at a percentage of its actual value, as determined in this 18 subsection : 19 (a) (1) Mobile home parks. 20 (b) (2) Manufactured home communities. 21 (c) (3) Land-leased communities. 22 (d) (4) Assisted living facilities. 23 (e) (5) A parcel primarily used or intended for human 24 habitation containing three or more separate dwelling units. 25 If a portion of such a parcel is used or intended for a purpose 26 that, if the primary use, would be classified as commercial 27 property or industrial property, each such portion, including 28 a proportionate share of the land included in the parcel, if 29 applicable, shall be assigned the appropriate classification 30 pursuant to paragraph “c” . 31 (f) (6) For a parcel that is primarily used or intended for 32 use as commercial property or industrial property, that portion 33 of the parcel that is used or intended for human habitation, 34 regardless of the number of dwelling units contained on the 35 -12- LSB 5408XD (10) 88 md/jh 12/ 22
S.F. _____ H.F. _____ parcel, including a proportionate share of the land included 1 in the parcel, if applicable. The portion of such a parcel 2 used or intended for use as commercial property or industrial 3 property, including a proportionate share of the land included 4 in the parcel, if applicable, shall be assigned the appropriate 5 classification pursuant to paragraph “c” . 6 b. For valuations established for the assessment year 7 beginning January 1, 2015, the percentage of actual value as 8 equalized by the department of revenue as provided in section 9 441.49 at which multiresidential property shall be assessed 10 shall be the greater of eighty-six and twenty-five hundredths 11 percent or the percentage of actual value determined by the 12 department of revenue at which property assessed as residential 13 property is assessed for the same assessment year under 14 subsection 4 . For valuations established for the assessment 15 year beginning January 1, 2016, the percentage of actual 16 value as equalized by the department of revenue as provided 17 in section 441.49 at which multiresidential property shall be 18 assessed shall be the greater of eighty-two and five-tenths 19 percent or the percentage of actual value determined by the 20 department of revenue at which property assessed as residential 21 property is assessed for the same assessment year under 22 subsection 4 . For valuations established for the assessment 23 year beginning January 1, 2017, the percentage of actual 24 value as equalized by the department of revenue as provided 25 in section 441.49 at which multiresidential property shall be 26 assessed shall be the greater of seventy-eight and seventy-five 27 hundredths percent or the percentage of actual value determined 28 by the department of revenue at which property assessed as 29 residential property is assessed for the same assessment 30 year under subsection 4 . For valuations established for the 31 assessment year beginning January 1, 2018, the percentage of 32 actual value as equalized by the department of revenue as 33 provided in section 441.49 at which multiresidential property 34 shall be assessed shall be the greater of seventy-five percent 35 -13- LSB 5408XD (10) 88 md/jh 13/ 22
S.F. _____ H.F. _____ or the percentage of actual value determined by the department 1 of revenue at which property assessed as residential property 2 is assessed for the same assessment year under subsection 4 . 3 For valuations established for the assessment year beginning 4 January 1, 2019, the percentage of actual value as equalized 5 by the department of revenue as provided in section 441.49 at 6 which multiresidential property shall be assessed shall be the 7 greater of seventy-one and twenty-five hundredths percent or 8 the percentage of actual value determined by the department 9 of revenue at which property assessed as residential property 10 is assessed for the same assessment year under subsection 4 . 11 For valuations established for the assessment year beginning 12 January 1, 2020, the percentage of actual value as equalized 13 by the department of revenue as provided in section 441.49 14 at which multiresidential property shall be assessed shall 15 be the greater of sixty-seven and five-tenths percent or the 16 percentage of actual value determined by the department of 17 revenue at which property assessed as residential property 18 is assessed for the same assessment year under subsection 4 . 19 For valuations established for the assessment year beginning 20 January 1, 2021, the percentage of actual value as equalized 21 by the department of revenue as provided in section 441.49 at 22 which multiresidential property shall be assessed shall be the 23 greater of sixty-three and seventy-five hundredths percent or 24 the percentage of actual value determined by the department 25 of revenue at which property assessed as residential property 26 is assessed for the same assessment year under subsection 4 . 27 For valuations established for the assessment year beginning 28 January 1, 2022, and each assessment year thereafter, the 29 percentage of actual value as equalized by the department of 30 revenue as provided in section 441.49 at which multiresidential 31 property shall be assessed shall be equal to the percentage of 32 actual value determined by the department of revenue at which 33 property assessed as residential property is assessed under 34 subsection 4 for the same assessment year. 35 -14- LSB 5408XD (10) 88 md/jh 14/ 22
S.F. _____ H.F. _____ c. (1) For the assessment year beginning January 1, 1 2015, for parcels that, in part, satisfy the requirements for 2 classification as multiresidential property, the assessor 3 shall assign to that portion of the parcel the classification 4 of multiresidential property and to such other portions of 5 the parcel the property classification for which such other 6 portions qualify. 7 (2) Beginning with valuations established on or after 8 January 1, 2016, but before January 1, 2021, for parcels for 9 which a portion of the parcel satisfies the requirements 10 for classification as multiresidential property pursuant 11 to paragraph “a” , subparagraph (2), subparagraph division 12 (e) or (f) (5) or (6) , the assessor shall assign to that 13 portion of the parcel the classification of multiresidential 14 property and to such other portions of the parcel the property 15 classification for which such other portions qualify. 16 Sec. 19. Section 441.21, Code 2020, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 14. a. Beginning with valuations 19 established on or after January 1, 2021, all of the following 20 shall be classified and valued as residential property: 21 (1) Property primarily used or intended for human 22 habitation containing two or fewer dwelling units. 23 (2) Mobile home parks. 24 (3) Manufactured home communities. 25 (4) Land-leased communities. 26 (5) Assisted living facilities. 27 (6) A parcel primarily used or intended for human habitation 28 containing three or more separate dwelling units. If a 29 portion of such a parcel is used or intended for a purpose 30 that, if the primary use, would be classified as commercial 31 property or industrial property, each such portion, including 32 a proportionate share of the land included in the parcel, if 33 applicable, shall be assigned the appropriate classification 34 pursuant to paragraph “b” . 35 -15- LSB 5408XD (10) 88 md/jh 15/ 22
S.F. _____ H.F. _____ (7) For a parcel that is primarily used or intended for use 1 as commercial property or industrial property, that portion 2 of the parcel that is used or intended for human habitation, 3 regardless of the number of dwelling units contained on the 4 parcel, including a proportionate share of the land included 5 in the parcel, if applicable. The portion of such a parcel 6 used or intended for use as commercial property or industrial 7 property, including a proportionate share of the land included 8 in the parcel, if applicable, shall be assigned the appropriate 9 classification pursuant to paragraph “b” . 10 b. Beginning with valuations established on or after 11 January 1, 2021, for parcels for which a portion of the parcel 12 satisfies the requirements for classification as residential 13 property pursuant to paragraph “a” , subparagraph (6) or (7), 14 the assessor shall assign to that portion of the parcel the 15 classification of residential property and to such other 16 portions of the parcel the property classification for which 17 such other portions qualify. 18 c. Property that is rented or leased to low-income 19 individuals and families as authorized by section 42 of the 20 Internal Revenue Code, and that has not been withdrawn from 21 section 42 assessment procedures under subsection 2 of this 22 section, or a hotel, motel, inn, or other building where rooms 23 or dwelling units are usually rented for less than one month 24 shall not be classified as residential property under this 25 subsection. 26 d. As used in this subsection: 27 (1) “Assisted living facility” means property for providing 28 assisted living as defined in section 231C.2. “Assisted living 29 facility” also includes a health care facility, as defined in 30 section 135C.1, an elder group home, as defined in section 31 231B.1, a child foster care facility under chapter 237, or 32 property used for a hospice program as defined in section 33 135J.1. 34 (2) “Dwelling unit” means an apartment, group of rooms, 35 -16- LSB 5408XD (10) 88 md/jh 16/ 22
S.F. _____ H.F. _____ or single room which is occupied as separate living quarters 1 or, if vacant, is intended for occupancy as separate living 2 quarters, in which a tenant can live and sleep separately from 3 any other persons in the building. 4 (3) “Land-leased community” means the same as defined in 5 sections 335.30A and 414.28A. 6 (4) “Manufactured home community” means the same as a 7 land-leased community. 8 (5) “Mobile home park” means the same as defined in section 9 435.1. 10 Sec. 20. Section 558.46, subsection 5, Code 2020, is amended 11 by striking the subsection. 12 Sec. 21. SAVINGS PROVISION. This division of this Act, 13 pursuant to section 4.13, does not affect the operation of, 14 or prohibit the application of, prior provisions of the Code 15 sections amended by this division of this Act, or rules adopted 16 under chapter 17A to administer such prior provisions, for 17 assessment years beginning before January 1, 2021, and for 18 duties, powers, protests, appeals, proceedings, actions, or 19 remedies attributable to an assessment year beginning before 20 January 1, 2021. 21 Sec. 22. EFFECTIVE DATE. This division of this Act takes 22 effect January 1, 2021. 23 Sec. 23. APPLICABILITY. This division of this Act applies 24 to assessment years beginning on or after January 1, 2021. 25 DIVISION III 26 DISASTER REVITALIZATION TAX EXEMPTIONS 27 Sec. 24. Section 404B.2, subsection 2, paragraph b, Code 28 2020, is amended to read as follows: 29 b. The assessed valuation of the real property in the 30 proposed area as of January 1, 2007 2019 , listing the land and 31 building values separately. 32 Sec. 25. Section 404B.4, subsection 1, Code 2020, is amended 33 to read as follows: 34 1. All real property within a disaster revitalization area 35 -17- LSB 5408XD (10) 88 md/jh 17/ 22
S.F. _____ H.F. _____ is eligible to receive a one hundred percent exemption from 1 taxation on the increase in assessed value of the property, 2 as compared to the property’s assessed value on January 1, 3 2007 2019 , if the increase in assessed value is attributable 4 to revitalization of the property occurring between May 25, 5 2008 March 1, 2019 , and December 31, 2013 2024 . The exemption 6 is for a period not to exceed five years, starting with an 7 assessment year beginning on or after January 1, 2010 2020 . 8 Sec. 26. Section 404B.7, Code 2020, is amended to read as 9 follows: 10 404B.7 Expiration or repeal of ordinance. 11 An ordinance enacted under this chapter shall expire or be 12 repealed no later than December 31, 2016 2028 . 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill relates to property tax credits, assessment 17 limitations, exemptions, and administration. 18 Code chapter 426C provides a business property tax credit 19 for commercial, industrial, and railway property for property 20 taxes due and payable in fiscal years beginning on or after 21 July 1, 2014. The business property tax credit is funded from 22 an annual standing appropriation of $125 million. 23 Division I of this bill eliminates the annual appropriation 24 for the business property tax credit under Code section 25 426C.2 for fiscal years beginning on or after July 1, 2021, 26 and provides that moneys remaining in the business property 27 tax credit fund at the end of the fiscal year beginning July 28 1, 2020, shall be transferred by the department of revenue 29 for deposit in the general fund of the state. The bill also 30 establishes a future repeal date for Code chapter 426C of July 31 1, 2022. 32 Current Code section 441.21 imposes an assessment limitation 33 (rollback) on commercial property, industrial property, 34 and property valued by the department of revenue under Code 35 -18- LSB 5408XD (10) 88 md/jh 18/ 22
S.F. _____ H.F. _____ chapter 434 (railway company property) of 90 percent for 1 assessment years beginning on or after January 1, 2014. The 2 bill modifies the amount and methodology for calculating the 3 assessment limitation for parcels within those classifications 4 of property. Instead of a uniform percentage of value, for 5 valuations established for the assessment year beginning 6 January 1, 2020, and each assessment year thereafter, the 7 portion of actual value at which each parcel of commercial 8 property shall be assessed shall be the sum of the following: 9 (1) an amount equal to the product of the assessment limitation 10 percentage applicable to residential property multiplied by 11 the actual value of the property that exceeds $0 but does not 12 exceed $150,000; and (2) an amount equal to 90 percent of the 13 actual value of the property for that assessment year that 14 exceeds $150,000. The bill establishes a similar provision 15 for industrial property and provides that the assessed value 16 of railway company property shall be determined in the same 17 manner as commercial property. The changes to the methodology 18 and amount of assessment limitations for commercial property 19 and industrial property also applies to the calculation of 20 commercial and industrial property tax replacement payments 21 under Code section 441.21A, as amended in the bill. 22 Code section 441.21A calculates and funds the commercial 23 and industrial property tax replacement payments to political 24 subdivisions in the state. Under current law, the amount of 25 the replacement claim for each taxing district is equal to the 26 difference between the assessed valuation of all commercial 27 and industrial property located in the taxing district that is 28 subject to assessment and taxation and the total actual value 29 of all such property located in the taxing district multiplied 30 by the tax rate specified for the taxing district, and then 31 divided by $1,000. 32 The annual appropriation for the commercial and industrial 33 property tax replacement payments is the amount necessary 34 to fund all replacement claims, but not to exceed the total 35 -19- LSB 5408XD (10) 88 md/jh 19/ 22
S.F. _____ H.F. _____ amount of money necessary to pay all commercial and industrial 1 property tax replacement payments for the fiscal year 2 beginning July 1, 2016. The bill provides that for each fiscal 3 year beginning on or after July 1, 2021, the total annual 4 appropriation is the amount necessary to pay all commercial 5 and industrial property tax replacement claims in that fiscal 6 year, but not to exceed the sum of the total amount of money 7 necessary to pay all commercial and industrial property tax 8 replacement claims for the fiscal year beginning July 1, 2016, 9 plus $125 million. 10 Division I of the bill applies retroactively to assessment 11 years beginning on or after January 1, 2020. 12 Code section 441.21 provides that for assessment years 13 beginning on or after January 1, 2015, property can be 14 classified as multiresidential property. Multiresidential 15 property largely includes property that prior to the assessment 16 year beginning January 1, 2015, was classified as commercial 17 property and includes mobile home parks, manufactured 18 home communities, land-leased communities, assisted living 19 facilities, and property primarily used or intended for human 20 habitation containing three or more separate dwelling units. 21 The percentage of actual value at which multiresidential 22 property is subject to tax has been reduced each assessment 23 year beginning with the 2015 assessment year. The percentage 24 of actual value is reduced by law until the percentage is equal 25 to or below the percentage that is applicable to residential 26 property, at which time the two classifications are subject to 27 the same percentage. 28 Division II of the bill eliminates the classification of 29 multiresidential property for assessment years beginning on or 30 after January 1, 2021. The bill also provides that the types 31 of property previously classified as multiresidential will, 32 for assessment years beginning on or after January 1, 2021, be 33 classified as residential property. 34 Division II makes corresponding changes to various 35 -20- LSB 5408XD (10) 88 md/jh 20/ 22
S.F. _____ H.F. _____ other provisions of law to reflect the elimination of the 1 multiresidential property classification. 2 Division II of the bill takes effect January 1, 2021, and 3 applies to assessment years beginning on or after that date. 4 Division II of the bill does not affect the operation 5 of, or prohibit the application of, prior provisions of the 6 Code sections amended by division II of the bill, or rules 7 adopted to administer such prior provisions, for assessment 8 years beginning before January 1, 2021, and for duties, 9 powers, protests, appeals, proceedings, actions, or remedies 10 attributable to an assessment year beginning before January 1, 11 2021. 12 Code chapter 404B authorizes cities and counties to 13 designate a disaster revitalization area if the area is within 14 a county or portion of a county declared a disaster area. 15 All real property within a disaster revitalization area is 16 eligible to receive a 100 percent exemption from taxation on 17 the increase in assessed value of the property, as compared 18 to the property's assessed value on January 1, 2007, if the 19 increase is attributable to revitalization of the property 20 occurring between May 25, 2008, and December 31, 2013. The 21 exemption is available for a period not to exceed five years, 22 starting with the assessment year beginning on January 1, 23 2010. Under Code chapter 404B, a city or county may adopt a 24 different tax exemption percentage, so long as the exemption 25 percentage applies to every disaster revitalization area 26 within that jurisdiction. Ordinances establishing a disaster 27 revitalization area and tax exemption expire or must repealed 28 no later than December 31, 2016. 29 Division III of the bill amends the periods of time for 30 establishing disaster revitalization areas and qualifying 31 for a property tax exemption. Under the bill, a disaster 32 revitalization area may be established to provide property tax 33 exemptions on the increase in assessed value of the property, 34 as compared to the property's assessed value on January 1, 35 -21- LSB 5408XD (10) 88 md/jh 21/ 22
S.F. _____ H.F. _____ 2019, if the increase is attributable to revitalization of 1 the property occurring between March 1, 2019, and December 2 31, 2024. Ordinances establishing a disaster revitalization 3 area and tax exemption expire or must repealed no later than 4 December 31, 2028. 5 -22- LSB 5408XD (10) 88 md/jh 22/ 22
feedback