Iowa Administrative Code

any person whose taxes have been canceled pursuant to Iowa Code section 427.8. A property tax credit shall be allowed to an eligible claimant whose taxes have been suspended pursuant to Iowa Code sections 427.8 and 427.9. A property tax credit shall be allowed to an eligible clai…

return unless the spouse lived with the claimant at the property upon which the property tax credit or rent reimbursement is claimed. If the spouse lived with the claimant for only a portion of the base year, only that portion of the spouse’s income which was received while livin…

man and a woman that meets all the necessary requisites of a marriage except that it was not solemnized, performed or witnessed by an official authorized by law to perform marriages. The necessary elements of a common law marriage are: (a) a present intent of both parties freely …

104.27(1) Property taxes due. Any person whose special assessment is paid by the department of revenue pursuant to Iowa Code subsection 425.23(3) cannot include the special assessment as property taxes due under Iowa Code subsection 425.17(10) for purposes of determining a proper…

claimant’s first and second half tax liabilities. This rule is intended to implement Iowa Code sections 425.16 to 425.40. [Editorial change: IAC Supplement 11/2/22]

on behalf of a deceased person by the person’s spouse, attorney, guardian or the executor or administrator of the person’s estate. This rule is intended to implement Iowa Code section 425.17(2) as amended by 1999 Iowa Acts, chapter 152, and section 425.18. [Editorial change: IAC …

property tax payments during the fiscal year following the base year and who also made rent payments during the base year is entitled to receive both a property tax credit and rent reimbursement. Separate claim forms for the property tax credit and the rental reimbursement shall …

104.30(1) Authority. The department of revenue may audit the records of the county treasurer to determine the accuracy of claims filed for property tax credits. The department may also investigate the eligibility of a claimant for a property tax credit or rent reimbursement. 104.…

claim for reimbursement or credit does not extend the time within which or the dates on or by which eligibility requirements must be satisfied. This rule is intended to implement Iowa Code section 425.20. [Editorial change: IAC Supplement 11/2/22]

for determining the allowable percent of property tax credit or rent reimbursement, special assessment credit, or the amount of the mobile home reduced tax rate shall be adjusted each year to reflect the inflation factor as computed pursuant to Iowa Code section 422.4. This rule …

pursuant to Iowa Code section 425.39 will be insufficient to pay all property tax credit and rent reimbursement claims filed, the director shall estimate the percentage at which the claims will be paid and shall prorate the payment of each property tax credit and rent reimburseme…

director may review the facts and circumstances of the claim as set forth by the claimant. The director may investigate all factors related to the specific case as deemed appropriate by the director. If the director is satisfied that the claim qualifies as an undue hardship for t…

administered by the department of human services. The transition of the program from the department of revenue to the department of human services will be managed as follows: 104.35(1) Appeals. a. Appeals of denials or reductions of rent reimbursement claims made by the departmen…

purposes in addition to being used for living accommodations. If a portion of a homestead property is utilized for business purposes, the property is considered to be a multipurpose building. The portion of the property tax due or rent constituting property tax paid attributable …

This includes, but is not limited to: apartment buildings, duplexes, condominiums, town houses, nursing homes and rooming houses. A claimant owning a multidwelling whose homestead is a portion of the multidwelling is entitled to a credit for only that portion of the property tax …

housing expenses such as federal rent subsidy payments made directly to the landlord on behalf of the claimant and energy assistance benefits received by the claimant from or through a public utility. In determining income, net operating losses and net capital losses are not to b…

ownership of a homestead by two or more persons either as joint tenants with right of survivorship or tenants in common. This rule is intended to implement Iowa Code section 425.17(8). [Editorial change: IAC Supplement 11/2/22]

a claim for property tax credit or rent constituting property tax paid for the appropriate base year. The amended claim must be filed within three years from October 31 of the year in which the original claim was filed. The amended claim shall be clearly marked by the claimant wi…

rents another property for a simultaneous period of time is limited to claiming a property tax credit or rent reimbursement on the property which is considered the person’s domicile. This rule is intended to implement Iowa Code section 425.17(4). [Editorial change: IAC Supplement…

1. “Mobile home” means any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed, or reconstructed as will permit the vehicle to be used as a place for huma…

current fiscal year have been paid and subsequently the home is moved to another county, the tax paid shall remain in the county in which originally collected. No reimbursement shall be made either to the owner of the home or to the county to which the home is moved. If only the …

current fiscal year and subsequently sells the home, no reimbursement shall be made to the seller for any portion of the tax paid. If only the first installment has been paid and the home is sold prior to January 1, the purchaser is responsible for the second installment. This ru…

105.4(1) Claimant. The reduced rate of tax for Iowa residents who were at least 23 years of age on December 31 of the base year shall be computed as provided in Iowa Code subsection 435.22(2). The claimant’s name must appear on the title to the home. 105.4(2) Income. In determini…

home communities must be placed on a permanent foundation and are subject to assessment and taxation as real estate. The homes are eligible for all property tax credits and exemptions applicable to other real estate. The assessor shall collect the title to a home only when a secu…

home communities are subject to a square footage tax at the rates specified in Iowa Code section 435.22. It shall be the responsibility of the owner to provide the county treasurer with appropriate documentation to verify eligibility for the reduced tax due to the home’s age. Mod…

records of the county treasurer to determine if the amounts certified by the county treasurer to the director of revenue as tax not collected due to the reduced tax rate are true and correct. Upon investigation, the director of revenue may order the county treasurer to reimburse …

105.8(1) Partial payment of tax. 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…

106.1(1) The term “railroad” shall mean and include all individuals or corporations engaged in the operation of a railway in this state and subject to valuation pursuant to Iowa Code chapter 434. 106.1(2) The term “unit value” or “unit market value” shall mean the market value ar…

106.2(1) Annual reports required to be filed by the reporting railroad company shall be on forms prescribed and supplied by the department. It shall be the responsibility of the railroad company to obtain the forms supplied by the department. 106.2(2) Additional schedules or atta…

taken into consideration in arriving at its market value. In the event comparable sales are not available, the market value of operating property shall be determined by utilizing the three recognized unit approaches to value (i.e., stock and debt approach, income capitalization a…

106.4(1) The stock and debt approach to unit value estimates the market value of the operating property by combining the market values of the common stock, preferred stock, debt, current liabilities, other liabilities, leases, and deferred credits associated with the operating pr…

106.5(1) The income capitalization approach to unit value estimates the market value of the operating property by dividing the income stream generated by the operating assets by a market-derived capitalization rate based on the costs of the various sources of capital utilized or …

combining the cost of the operating properties of the railroad and deducting therefrom an allowance for depreciation calculated on a straight-line basis. Other forms of depreciation may be deducted if found to exist. This rule is intended to implement Iowa Code section 434.15. [E…

consideration to each of the methodologies described in these rules, the use of which will result in the determination of the fair and reasonable market value of the railroad company’s entire operating property. The stock and debt indicator of value and the income indicator of va…

106.8(1) Allocation by the department. The department shall allocate that portion of the total unit value of the railroad company’s operating property to the state of Iowa based on factors that are representative of the ratio that the railroad company’s property and activity in t…

106.9(1) From the estimate of value pursuant to rule 701—106.8(434), there shall be a deduction for pollution control property provided in Iowa Code section 427.1(32). 106.9(2) From the estimate of value pursuant to rule 701—106.8(434), there shall be a deduction for interstate b…

107.1(1) The term “utility company” shall mean and include all persons engaged in the operating of gasworks, waterworks, telephones, including telecommunication companies and cities that own or operate a municipal utility providing local exchange services pursuant to Iowa Code ch…

107.2(1) Annual reports required to be filed by the reporting utility company shall be on forms prescribed and supplied by the department. It shall be the responsibility of the utility company to obtain the forms supplied by the department. 107.2(2) Additional schedules or attach…

transactions shall be taken into consideration in arriving at its market value. In the event comparable sales are not available, the market value of operating property shall be determined by utilizing the three recognized unit approaches to value (i.e., stock and debt approach, i…

107.4(1) The stock and debt approach to unit value estimates the market value of the operating property by combining the market values of the common stock, preferred stock, debt, current liabilities, other liabilities, leases, and deferred credits associated with the operating pr…

107.5(1) The income capitalization approach to unit value estimates the market value of the operating property by dividing the income stream generated by the operating assets by a market derived capitalization rate based on the costs of the various sources of capital utilized or …

determined by combining the cost of the operating properties of the utility and deducting therefrom an allowance for depreciation calculated on a straight-line basis. Other forms of depreciation may be deducted if found to exist. The department may use the replacement cost new le…

give consideration to each of the methodologies described in these rules, the use of which will result in the determination of the fair and reasonable market value of the utility company’s entire operating property. Generally, for other than pipeline companies, the stock and debt…

107.8(1) Allocation by the department. The department shall allocate that portion of the total unit value of the utility company’s operating property to the state of Iowa based on factors that are representative of the ratio that the utility company’s property and activity in the…

beginning on or after January 1, 2013, each taxpayer, as defined in Iowa Code section 437B.2, shall file a true and accurate return with the director. The return shall include all of the information prescribed in Iowa Code sections 437B.4(1)“a” and “b” and any other information o…

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. [ARC 0965C, IAB 8/21/13, effective 8…

the right to examine or cause to be examined the books, papers, records, memoranda or documents of a taxpayer for the purpose of verifying the correctness of a tax return filed or of information presented or for estimating the tax liability of a taxpayer. When a taxpayer fails or…

generally to the director, deputies, auditors, and present or former officers and employees of the department. Disclosure of the gallons of water delivered by a taxpayer taxed under Iowa Code chapter 437B in a service area disclosed on a tax return, return information, or investi…

director. The return shall include all of the information prescribed in Iowa Code section 437B.17 and any other information or schedules requested by the director. The return shall be signed by an officer or other person duly authorized by the taxpayer and must be certified as co…