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Home » US Law » 2022 Iowa Code » Title X - FINANCIAL RESOURCES » Chapter 437B - TAXES ON RATE-REGULATED WATER UTILITIES

Section 437B.1 – Purposes.

437B.1 Purposes. The purposes of this chapter are to replace property taxes imposed on rate-regulated water utilities with a system of taxation which will remove fluctuations in property taxes by imposing a system of taxation based on the delivery of water, to preserve revenue neutrality and debt capacity for local governments and taxpayers, to preserve […]

Section 437B.11 – Allocation of revenue.

437B.11 Allocation of revenue. 1. The director and the department of management shall compute the allocation of all replacement tax revenues among the local taxing districts in accordance with this section and shall report such allocation by local taxing districts to the county treasurers on or before August 15 following a tax year. 2. The […]

Section 437B.12 – Assessment exclusive.

437B.12 Assessment exclusive. All operating property and all other property that is primarily and directly used in the delivery of water subject to replacement tax is exempt from taxation except as otherwise provided by this chapter. 2013 Acts, ch 94, §21, 35, 36 Referred to in §437B.2, 437B.11, 437B.14, 437B.15, 437B.16

Section 437B.13 – Statutes applicable — rate calculations.

437B.13 Statutes applicable — rate calculations. 1. The director shall administer and enforce the replacement tax imposed by this chapter in the same manner as provided in and subject to sections 422.68, 422.70, 422.71, and 422.75. 2. The calculation of tax rates and adjustments to such rates by the director pursuant to this chapter do […]

Section 437B.14 – Tax imposition.

437B.14 Tax imposition. An annual statewide property tax of three cents per one thousand dollars of assessed value is imposed upon all property described in section 437B.12 on the assessment date of January 1. 2013 Acts, ch 94, §23, 35, 36 Referred to in §441.21A, 443.2

Section 437B.15 – Adjustment to assessed value — reporting requirements.

437B.15 Adjustment to assessed value — reporting requirements. 1. a. A taxpayer whose property is subject to the statewide property tax shall report to the director by July 1, 2013, and by May 1 of each subsequent tax year, on forms prescribed by the director, the book value, as of the beginning and end of […]

Section 437B.16 – Tax exemptions.

437B.16 Tax exemptions. Except as provided in section 437B.12, all property tax exemptions in the Code do not apply to property subject to the statewide property tax unless such exemptions expressly refer to the statewide property tax, except that if property was exempt from property tax on January 1, 2013, such exemption shall continue until […]

Section 437B.17 – Return and payment requirements.

437B.17 Return and payment requirements. 1. Each water utility whose property is subject to the statewide property tax shall file with the director a return, on or before March 31 following the assessment year, including but not limited to the following information: a. The assessed value of property subject to the statewide property tax. b. […]

Section 437B.18 – Statutes applicable.

437B.18 Statutes applicable. 1. Sections 437B.5, 437B.6, 437B.8, and 437B.9, and section 437B.10, subsection 1, are applicable to water utilities whose property is subject to the statewide property tax. 2. a. Section 422.26 applies with respect to the statewide property tax and penalties imposed by this chapter, except that, as applied to any tax imposed […]

Section 437B.19 – Deposit of tax proceeds.

437B.19 Deposit of tax proceeds. All revenues received from imposition of the statewide property tax shall be deposited in the general fund of the state. Fifty percent of the revenues shall be available, as appropriated by the general assembly, to the department of management for salaries, support, services, and equipment to administer the replacement tax. […]

Section 437B.2 – Definitions.

437B.2 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Centrally assessed property tax” means property tax imposed with respect to the value of property determined by the director pursuant to sections 428.24 through 428.26, 428.28, and 428.29, Code 2013, and allocated to water service. 2. “Consumer” means an end user of […]

Section 437B.20 – Records.

437B.20 Records. Each water utility that is subject to the replacement tax or the statewide property tax shall maintain records associated with the replacement tax and the assessed value of property subject to the statewide property tax for a period of five years following the later of the original due date for filing a return […]

Section 437B.21 – Rules.

437B.21 Rules. The director of revenue may adopt rules pursuant to chapter 17A for the administration and enforcement of this chapter. 2013 Acts, ch 94, §30, 35, 36

Section 437B.3 – Replacement tax imposed on delivery of water.

437B.3 Replacement tax imposed on delivery of water. 1. A replacement delivery tax is imposed on each water utility that delivers water to a consumer within the water utility’s service area. The replacement delivery tax imposed by this section is equal to the number of gallons of water delivered to consumers in the water utility’s […]

Section 437B.4 – Return and payment requirements.

437B.4 Return and payment requirements. 1. Each taxpayer, on or before March 31 following a tax year, shall file with the director a return including but not limited to the following information: a. The total taxable gallons of water delivered by the water utility to consumers within the service area during the tax year. b. […]

Section 437B.5 – Failure to file return — incorrect return.

437B.5 Failure to file return — incorrect return. 1. As soon as practicable after a return required by section 437B.4, subsection 1, is filed, and in any event within three years after such return is filed, the director shall examine the return, determine the tax due if the return is found to be incorrect, and […]

Section 437B.6 – Judicial review.

437B.6 Judicial review. 1. Judicial review of the actions of the director may be sought pursuant to chapter 17A, the Iowa administrative procedure Act. 2. For cause and upon a showing by the director that collection of the tax in dispute is in doubt, the court may order the petitioner to file with the clerk […]

Section 437B.7 – Lien — actions authorized.

437B.7 Lien — actions authorized. 1. Whenever a taxpayer who is liable to pay a replacement tax imposed by this chapter refuses or neglects to pay such tax, the amount, including any interest, penalty, or addition to such tax, together with the costs that may accrue, shall be a lien in favor of the chief […]

Section 437B.8 – Service of notice.

437B.8 Service of notice. 1. A notice authorized or required under this chapter may be given by mailing the notice to the taxpayer, addressed to the taxpayer at the address given in the last return filed by the taxpayer pursuant to this chapter, or if no return has been filed, then to the most recent […]