House
Study
Bill
272
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WAYS
AND
MEANS
BILL
BY
CHAIRPERSON
HEIN)
A
BILL
FOR
An
Act
relating
to
tax
collection
and
penalties,
tax
permits,
1
and
loans
made
by
state-chartered
banks.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
421.27,
Code
2021,
is
amended
to
read
as
1
follows:
2
421.27
Penalties.
3
1.
Failure
to
timely
file
a
return
or
deposit
form
.
4
a.
If
a
person
fails
to
file
a
return
with
the
department
5
on
or
before
the
due
date
a
return
or
deposit
form
,
there
shall
6
be
added
to
the
tax
shown
due
or
required
to
be
shown
due
7
remaining
unpaid
by
the
due
date
a
penalty
of
ten
five
percent
8
of
the
remaining
unpaid
tax
shown
due
or
required
to
be
shown
9
due
.
10
b.
In
the
case
of
a
specified
business
with
no
tax
shown
11
due
or
required
to
be
shown
due
that
fails
to
timely
file
an
12
income
return,
the
specified
business
shall
pay
the
greater
of
13
the
following
penalty
amounts:
14
(1)
Two
hundred
dollars.
15
(2)
An
amount
equal
to
ten
five
percent
of
the
imputed
Iowa
16
liability
of
the
specified
business,
not
to
exceed
twenty-five
17
thousand
dollars.
18
c.
The
penalty,
if
assessed
pursuant
to
paragraph
“a”
or
19
“b”
,
shall
be
in
addition
to
any
other
penalty
provided
by
law.
20
d.
The
penalty,
if
assessed
pursuant
to
paragraph
“a”
or
21
“b”
,
shall
be
waived
by
the
department
upon
a
showing
by
the
22
taxpayer
of
any
of
the
following
conditions:
23
(1)
An
amount
of
tax
greater
than
zero
is
required
to
be
24
shown
due
and
at
least
ninety
percent
of
the
tax
required
to
be
25
shown
due
has
been
paid
by
the
due
date
of
the
tax.
26
(2)
(a)
Those
taxpayers
who
are
A
taxpayer
who
is
27
required
to
file
a
monthly
or
quarterly
returns,
or
monthly
or
28
semimonthly
deposit
forms
return
may
have
one
late
return
or
29
deposit
form
one
late
payment
within
a
three-year
period.
30
(b)
If
the
taxpayer
receives
a
waiver
of
a
penalty
under
31
this
subparagraph,
the
taxpayer
must
make
timely
filings
32
and
payments
for
three
years
prior
to
being
eligible
for
33
receiving
another
waiver
under
this
subparagraph.
If
the
34
taxpayer
receives
a
waiver
under
this
subparagraph,
the
waiver
35
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shall
apply
to
penalties
assessed
under
this
subsection
and
1
subsection
2.
2
(c)
The
use
of
any
other
penalty
exception
will
shall
3
not
count
as
a
late
return
or
deposit
form
late
payment
for
4
purposes
of
this
exception
receiving
a
waiver
by
the
taxpayer
5
under
this
subparagraph
.
6
(3)
The
death
of
a
taxpayer,
death
of
a
member
of
the
7
immediate
family
of
the
taxpayer,
or
death
of
the
person
8
directly
responsible
for
filing
the
return
and
paying
the
tax,
9
when
the
death
interferes
with
timely
filing
of
a
return
or
10
timely
payment
of
tax
.
11
(4)
The
onset
of
serious,
long-term
illness
or
12
hospitalization
of
the
taxpayer,
of
a
member
of
the
immediate
13
family
of
the
taxpayer,
or
of
the
person
directly
responsible
14
for
filing
the
return
and
paying
the
tax
when
such
illness
or
15
hospitalization
interferes
with
the
timely
filing
of
a
return
16
or
timely
payment
of
tax
.
17
(5)
Destruction
of
records
by
fire,
flood,
or
other
act
of
18
God
when
the
destruction
interferes
with
the
timely
filing
of
a
19
return
or
timely
payment
of
tax
.
20
(6)
The
taxpayer
presents
proof
that
the
taxpayer
relied
21
upon
applicable,
documented,
written
advice
specifically
22
made
to
the
taxpayer,
to
the
taxpayer’s
preparer,
or
to
an
23
association
representative
of
the
taxpayer
from
the
department,
24
state
department
of
transportation,
county
treasurer,
or
25
federal
internal
revenue
service,
whichever
is
appropriate,
26
that
the
reliance
was
the
direct
cause
of
the
failure
to
file
27
or
failure
to
pay,
and
that
the
advice
has
not
been
superseded
28
by
a
court
decision,
ruling
by
a
quasi-judicial
body,
or
the
29
adoption,
amendment,
or
repeal
of
a
rule
or
law.
30
(7)
Reliance
upon
results
in
a
previous
audit
was
a
direct
31
cause
for
the
failure
to
file
or
the
failure
to
pay
where
the
32
previous
audit
expressly
and
clearly
addressed
the
issue
and
33
the
previous
audit
results
have
not
been
superseded
by
a
court
34
decision,
or
the
adoption,
amendment,
or
repeal
of
a
rule
or
35
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law.
1
(8)
Under
rules
prescribed
by
the
director,
the
taxpayer
2
presents
documented
proof
of
substantial
authority
to
rely
3
upon
a
particular
position
or
upon
proof
that
all
facts
and
4
circumstances
are
disclosed
on
a
return
or
deposit
form
.
5
(9)
The
return
,
deposit
form,
or
payment
is
timely,
but
6
erroneously,
mailed
with
adequate
postage
to
the
internal
7
revenue
service,
another
state
agency,
or
a
local
government
8
agency
and
the
taxpayer
provides
proof
of
timely
mailing
with
9
adequate
postage.
10
(10)
The
tax
has
been
paid
by
the
wrong
licensee
and
the
11
payments
were
timely
remitted
to
the
department
for
one
or
more
12
tax
periods
prior
to
notification
by
the
department.
13
(11)
The
failure
to
file
was
discovered
through
a
sanctioned
14
self-audit
program
conducted
by
the
department.
15
(12)
If
the
availability
of
funds
in
payment
of
tax
required
16
to
be
made
through
electronic
funds
transfer
is
delayed
and
the
17
delay
of
availability
is
due
to
reasons
beyond
the
control
of
18
the
taxpayer.
“Electronic
funds
transfer”
means
any
transfer
19
of
funds,
other
than
a
transaction
originated
by
check,
draft,
20
or
similar
paper
instrument,
that
is
initiated
through
an
21
electronic
terminal
telephone,
computer,
magnetic
tape,
or
22
similar
device
for
the
purpose
of
ordering,
instructing,
or
23
authorizing
a
financial
institution
to
debit
or
credit
an
24
account.
25
(13)
The
failure
to
file
a
timely
inheritance
tax
return
26
resulting
solely
from
a
disclaimer
that
required
the
personal
27
representative
to
file
an
inheritance
tax
return.
The
penalty
28
shall
be
waived
if
such
return
is
filed
and
any
tax
due
is
paid
29
within
the
later
of
nine
months
from
the
date
of
death
or
sixty
30
days
from
the
delivery
or
filing
of
the
disclaimer
pursuant
to
31
section
633E.12
.
32
(14)
That
an
Iowa
inheritance
tax
return
is
filed
for
33
an
estate
within
the
later
of
nine
months
from
the
date
of
34
death
or
sixty
days
from
the
filing
of
a
disclaimer
by
the
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beneficiary
of
the
estate
refusing
to
take
the
property
or
1
right
or
interest
in
the
property.
2
2.
Failure
to
timely
pay
the
tax
shown
due
,
or
the
tax
3
required
to
be
shown
due,
with
the
filing
of
a
return
or
deposit
4
form
.
If
a
person
fails
to
pay
the
tax
shown
due
or
required
5
to
be
shown
due,
on
a
return
or
deposit
form
on
or
before
the
6
due
date
,
there
shall
be
added
to
the
tax
shown
due
or
required
7
to
be
shown
due
remaining
unpaid
by
the
due
date
a
penalty
of
8
five
percent
of
the
unpaid
tax
due
.
The
penalty
shall
be
in
9
addition
to
any
other
penalty
provided
by
law.
The
penalty,
if
10
assessed,
shall
be
waived
by
the
department
upon
a
showing
by
11
the
taxpayer
of
any
of
the
following
conditions:
12
a.
At
least
ninety
percent
of
the
tax
required
to
be
13
shown
due
has
been
paid
by
the
due
date
of
the
tax
Any
reason
14
listed
under
subsection
1,
paragraph
“d”
,
except
subsection
1,
15
paragraph
“d”
,
subparagraph
(11)
.
16
b.
The
taxpayer
voluntarily
files
an
amended
return
and
pays
17
all
tax
shown
to
be
due
on
the
return
prior
to
any
contact
by
18
the
department,
except
under
a
sanctioned
self-audit
program
19
conducted
by
the
department.
20
c.
(1)
Except
in
the
case
of
a
final
federal
partnership
21
adjustment
governed
by
subparagraph
(2),
the
taxpayer
22
voluntarily
files
an
amended
return
which
includes
a
copy
of
23
the
federal
document
showing
the
final
disposition
or
final
24
federal
adjustments
and
pays
any
additional
Iowa
tax
due
within
25
one
hundred
eighty
days
of
the
final
determination
date
of
the
26
federal
government’s
audit.
For
purposes
of
this
subparagraph,
27
“final
determination
date”
means
the
same
as
defined
in
section
28
422.25
.
29
(2)
(a)
In
the
case
of
a
final
federal
partnership
30
adjustment
arising
from
a
partnership
level
audit,
with
respect
31
to
the
audited
partnership
or
a
direct
partner
or
indirect
32
partner
of
the
audited
partnership,
the
audited
partnership,
33
direct
partner,
or
indirect
partner
voluntarily
and
timely
34
complies
with
its
reporting
and
payment
requirements
under
35
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section
422.25A,
subsection
4
or
5
.
1
(b)
As
used
in
this
subparagraph,
all
words
and
phrases
2
defined
in
section
422.25A
shall
have
the
same
meaning
given
3
them
by
that
section.
4
d.
The
taxpayer
presents
proof
that
the
taxpayer
relied
5
upon
applicable,
documented,
written
advice
specifically
6
made
to
the
taxpayer,
to
the
taxpayer’s
preparer,
or
to
an
7
association
representative
of
the
taxpayer
from
the
department,
8
state
department
of
transportation,
county
treasurer,
or
9
federal
internal
revenue
service,
whichever
is
appropriate,
10
that
has
not
been
superseded
by
a
court
decision,
ruling
by
a
11
quasi-judicial
body,
or
the
adoption,
amendment,
or
repeal
of
12
a
rule
or
law.
13
e.
Reliance
upon
results
in
a
previous
audit
was
a
direct
14
cause
for
the
failure
to
pay
the
tax
required
to
be
shown
due
15
where
the
previous
audit
expressly
and
clearly
addressed
the
16
issue
and
the
previous
audit
results
have
not
been
superseded
17
by
a
court
decision,
or
the
adoption,
amendment,
or
repeal
of
18
a
rule
or
law.
19
f.
Under
rules
prescribed
by
the
director,
the
taxpayer
20
presents
documented
proof
of
substantial
authority
to
rely
21
upon
a
particular
position
or
upon
proof
that
all
facts
and
22
circumstances
are
disclosed
on
a
return
or
deposit
form.
23
g.
The
return,
deposit
form,
or
payment
is
timely,
but
24
erroneously,
mailed
with
adequate
postage
to
the
internal
25
revenue
service,
another
state
agency,
or
a
local
government
26
agency
and
the
taxpayer
provides
proof
of
timely
mailing
with
27
adequate
postage.
28
h.
The
tax
has
been
paid
by
the
wrong
licensee
and
the
29
payments
were
timely
remitted
to
the
department
for
one
or
more
30
tax
periods
prior
to
notification
by
the
department.
31
i.
That
an
Iowa
inheritance
tax
return
is
filed
for
an
32
estate
within
the
later
of
nine
months
from
the
date
of
33
death
or
sixty
days
from
the
filing
of
a
disclaimer
by
the
34
beneficiary
of
the
estate
refusing
to
take
the
property
or
35
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right
or
interest
in
the
property.
1
3.
Audit
and
examination
deficiencies.
If
any
person
2
fails
to
pay
the
tax
required
to
be
shown
due
with
the
filing
3
of
a
return
or
deposit
and
the
department
discovers
the
4
underpayment,
there
shall
be
added
to
the
tax
required
to
be
5
shown
due
a
penalty
of
five
percent
of
the
unpaid
tax
required
6
to
be
shown
due
,
which
shall
be
in
lieu
of
the
penalty
in
7
subsection
2
.
The
penalty,
if
assessed,
shall
be
waived
by
8
the
department
upon
a
showing
by
the
taxpayer
of
any
of
the
9
following
conditions:
10
a.
At
least
ninety
percent
of
the
tax
required
to
be
shown
11
due
has
been
paid
by
the
due
date.
12
b.
The
taxpayer
presents
proof
that
the
taxpayer
relied
upon
13
applicable,
documented,
written
advice
specifically
made
to
14
the
taxpayer,
to
the
taxpayer’s
preparer,
or
to
an
association
15
representative
of
the
taxpayer
from
the
department,
state
16
department
of
transportation,
county
treasurer,
or
federal
17
internal
revenue
service,
whichever
is
appropriate,
that
the
18
reliance
was
the
direct
cause
for
the
failure
to
pay,
and
that
19
the
advice
has
not
been
superseded
by
a
court
decision,
ruling
20
by
a
quasi-judicial
body,
or
the
adoption,
amendment,
or
repeal
21
of
a
rule
or
law.
22
c.
Reliance
upon
results
in
a
previous
audit
was
a
direct
23
cause
for
the
failure
to
pay
the
tax
shown
due
or
required
to
24
be
shown
due
where
the
previous
audit
expressly
and
clearly
25
addressed
the
issue
and
the
previous
audit
results
have
26
not
been
superseded
by
a
court
decision,
or
the
adoption,
27
amendment,
or
repeal
of
a
rule
or
law.
28
d.
Under
rules
prescribed
by
the
director,
the
taxpayer
29
presents
documented
proof
of
substantial
authority
to
rely
30
upon
a
particular
position
or
upon
proof
that
all
facts
and
31
circumstances
are
disclosed
on
a
return
or
deposit
form
.
32
4.
Willful
failure
to
file
or
deposit
pay
.
33
a.
(1)
In
case
of
willful
failure
to
file
a
return
34
or
deposit
form
with
the
intent
to
evade
tax
or
a
filing
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requirement,
willful
failure
to
pay
with
the
intent
to
evade
1
tax,
or
in
case
of
willfully
filing
a
false
return
or
deposit
2
form
with
the
intent
to
evade
tax,
in
lieu
of
the
penalties
3
otherwise
provided
in
this
section
,
there
shall
be
added
to
the
4
tax
remaining
unpaid
by
the
due
date
a
penalty
of
seventy-five
5
percent
shall
be
added
to
the
amount
shown
due
or
required
to
6
be
shown
as
tax
on
the
return
or
deposit
form
of
the
unpaid
tax
.
7
(2)
In
case
of
a
willful
failure
by
a
specified
business
to
8
file
an
income
return
with
no
tax
shown
due
or
required
to
be
9
shown
due
with
intent
to
evade
a
filing
requirement,
or
in
case
10
of
willfully
filing
a
false
income
return
with
no
tax
shown
due
11
or
required
to
be
shown
due
with
the
intent
to
evade
reporting
12
of
Iowa-source
income,
the
penalty
imposed
shall
be
the
greater
13
of
the
following
amounts:
14
(a)
One
thousand
five
hundred
dollars.
15
(b)
An
amount
equal
to
seventy-five
percent
of
the
imputed
16
Iowa
liability
of
the
specified
business.
17
(3)
If
penalties
are
applicable
for
failure
to
file
a
18
return
or
deposit
form
and
failure
to
pay
the
tax
shown
due
or
19
required
to
be
shown
due
on
the
return
or
deposit
form,
the
20
penalty
provision
for
failure
to
file
shall
be
in
lieu
of
the
21
penalty
provisions
for
failure
to
pay
the
tax
shown
due
or
22
required
to
be
shown
due
on
the
return
or
deposit
form,
except
23
in
the
case
of
willful
failure
to
file
a
return
or
deposit
form
24
or
willfully
filing
a
false
return
or
deposit
form
with
intent
25
to
evade
tax.
26
b.
The
penalties
imposed
under
this
subsection
are
not
27
subject
to
waiver.
28
5.
Failure
to
remit
on
extension.
If
a
person
fails
to
29
remit
at
least
ninety
percent
of
the
tax
required
to
be
shown
30
due
by
the
time
an
extension
for
further
time
to
file
a
return
31
is
made,
there
shall
be
added
to
the
tax
shown
due
or
required
32
to
be
shown
due
a
penalty
of
ten
percent
of
the
unpaid
tax
due
.
33
6.
Liability
——
fraudulent
practice.
A
person
who
makes
34
an
erroneous
application
for
refund,
credit,
reimbursement,
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rebate,
or
other
payment
shall
be
liable
for
any
overpayment
1
received
or
tax
liability
reduced
plus
interest
at
the
rate
in
2
effect
under
section
421.7
.
3
a.
In
addition,
a
person
commits
a
fraudulent
practice
and
4
is
liable
for
a
penalty
equal
to
seventy-five
percent
of
the
5
refund,
credit,
exemption,
reimbursement,
rebate,
or
other
6
payment
or
benefit
being
claimed
if
the
person
does
any
of
the
7
following:
8
(1)
Willfully
makes
a
false
or
frivolous
application
for
9
refund,
credit,
exemption,
reimbursement,
rebate,
or
other
10
payment
or
benefit
with
intent
to
evade
tax
or
with
intent
to
11
receive
a
refund,
credit,
exemption,
reimbursement,
rebate,
or
12
other
payment
or
benefit,
to
which
the
person
is
not
entitled.
13
(2)
Willfully
submits
any
false
information,
document,
14
or
document
containing
false
information
in
support
of
an
15
application
for
refund,
credit,
exemption,
reimbursement,
16
rebate,
or
other
payment
or
benefit
with
the
intent
to
evade
17
tax
or
with
intent
to
receive
a
refund,
credit
exemption,
18
reimbursement,
rebate,
or
other
payment
or
benefit,
to
which
19
the
person
is
not
entitled
.
20
(3)
Willfully
submits
with
any
false
information,
document,
21
or
document
containing
false
information
in
support
of
an
22
application
for
refund
with
the
intent
to
evade
tax
or
with
23
intent
to
receive
a
refund,
credit,
exemption,
reimbursement,
24
rebate,
or
other
payment
benefit,
to
which
the
person
is
not
25
entitled.
26
b.
Payments,
penalties,
and
interest
due
under
this
27
subsection
may
be
collected
and
enforced
in
the
same
manner
as
28
the
tax
imposed.
29
c.
Penalties
imposed
under
this
subsection
are
not
subject
30
to
waiver.
31
7.
Failure
to
use
required
form
or
manner
.
If
a
person
fails
32
to
remit
payment
of
taxes
in
the
form
or
manner
required
by
the
33
rules
of
the
director,
there
shall
be
added
to
the
amount
of
34
the
tax
a
penalty
of
five
percent
of
the
amount
of
tax
shown
35
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due
or
required
to
be
shown
due
the
payment
remitted
in
the
1
incorrect
form
or
manner
not
to
exceed
five
hundred
dollars
2
per
instance
of
incorrect
form
or
manner
of
payment
.
The
3
penalty
shall
be
in
addition
to
any
other
penalty
provided
by
4
law.
The
penalty
imposed
by
this
subsection
shall
be
waived
if
5
the
taxpayer
did
not
receive
notification
of
the
requirement
6
to
remit
tax
payments
electronically
or
if
the
electronic
7
transmission
of
the
payment
was
not
in
a
format
or
by
means
8
specified
by
the
director
and
the
payment
was
made
before
the
9
taxpayer
was
notified
of
the
requirement
to
remit
tax
payments
10
electronically.
11
8.
Additional
penalty.
In
addition
to
the
penalties
imposed
12
by
this
section
,
if
a
taxpayer
fails
to
file
a
return
within
13
ninety
days
of
written
notice
demand
issued
by
the
department
14
pursuant
to
the
rules
implementing
this
subsection
that
the
15
taxpayer
is
required
to
do
so,
there
shall
be
added
to
the
16
amount
shown
due
or
required
to
be
shown
due
a
penalty
in
the
17
amount
of
one
thousand
dollars.
The
penalty
shall
be
waived
by
18
the
department
upon
a
showing
of
good
reason
as
defined
by
the
19
department
by
rule.
20
9.
Definitions.
As
used
in
this
section
:
21
a.
“Imputed
Iowa
liability”
means
any
of
the
following:
22
(1)
In
the
case
of
corporations
other
than
corporations
23
described
in
section
422.34
or
section
422.36,
subsection
5
,
24
the
corporation’s
Iowa
net
income
after
the
application
of
the
25
Iowa
business
activity
ratio,
if
applicable,
multiplied
by
the
26
top
income
tax
rate
imposed
under
section
422.33
for
the
tax
27
year.
28
(2)
In
the
case
of
financial
institutions
as
defined
in
29
section
422.61
,
the
financial
institution’s
Iowa
net
income
30
after
the
application
of
the
Iowa
business
activity
ratio,
if
31
applicable,
multiplied
by
the
franchise
tax
rate
imposed
under
32
section
422.63
for
the
tax
year.
33
(3)
In
this
case
of
all
other
entities,
including
34
corporations
described
in
section
422.36,
subsection
5
,
and
all
35
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other
entities
required
to
file
an
information
return
under
1
section
422.15,
subsection
2
,
the
entity’s
Iowa
net
income
2
after
the
application
of
the
Iowa
business
activity
ratio,
if
3
applicable,
multiplied
by
the
top
income
tax
rate
imposed
under
4
section
422.5A
for
the
tax
year.
5
b.
“Income
return”
means
an
income
tax
return
or
information
6
return
required
under
section
422.15,
subsection
2
,
or
section
7
422.36
,
422.37
,
or
422.62
.
8
c.
“Specified
business”
means
a
partnership
or
other
entity
9
required
to
file
an
information
return
under
section
422.15,
10
subsection
2
,
a
corporation
required
to
file
a
return
under
11
section
422.36
or
422.37
,
or
a
financial
institution
required
12
to
file
a
return
under
section
422.62
.
13
Sec.
2.
Section
421.60,
subsection
2,
paragraph
d,
Code
14
2021,
is
amended
to
read
as
follows:
15
d.
(1)
A
taxpayer
is
permitted
to
designate
in
writing
16
the
type
of
tax
and
tax
periods
to
which
any
voluntary
payment
17
relates,
provided
that
separate
written
instructions
accompany
18
the
payment.
This
paragraph
does
not
apply
to
jeopardy
19
assessments
and
does
not
apply
if
the
department
has
to
enforce
20
collection
of
the
payment.
21
(2)
As
used
in
this
paragraph,
“tax
period”
means
a
period
22
of
time
for
which
a
return
is
required.
23
Sec.
3.
Section
422.25,
subsection
4,
Code
2021,
is
amended
24
to
read
as
follows:
25
4.
a.
All
payments
received
must
be
credited
first,
to
26
the
penalty
and
interest
accrued,
and
then
to
the
tax
due.
If
27
payments
in
multiple
tax
periods
are
unpaid,
payments
received
28
shall
be
credited
first
to
the
penalty
and
interest
accrued
and
29
then
tax
due
for
the
earliest
period,
and
then
credited
to
each
30
following
tax
period
in
chronological
order
from
the
earliest
31
tax
period
to
the
latest
tax
period.
Payments
required
to
be
32
made
within
a
tax
period
must
be
credited
first
to
the
earliest
33
deposit
period
within
the
tax
period.
For
purposes
of
this
34
subsection
,
the
department
shall
not
reapply
prior
payments
35
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made
on
or
before
the
due
date
of
the
original
return
by
the
1
taxpayer
to
penalty
or
interest
determined
to
be
due
after
the
2
date
of
those
prior
payments,
except
that
the
taxpayer
and
the
3
department
may
agree
to
apply
payments
in
accordance
with
rules
4
adopted
by
the
director
when
there
are
both
agreed
and
unagreed
5
to
items
as
a
result
of
an
examination.
6
b.
As
used
in
this
subsection,
“tax
period”
means
a
period
7
of
time
for
which
a
return
is
required.
8
Sec.
4.
Section
423.14,
subsection
2,
paragraph
b,
Code
9
2021,
is
amended
to
read
as
follows:
10
b.
The
tax
upon
the
use
of
all
tangible
personal
property
11
and
specified
digital
products
other
than
that
enumerated
in
12
paragraph
“a”
,
which
is
sold
by
a
seller
who
is
a
retailer
or
13
its
agent
that
is
not
otherwise
required
to
collect
sales
tax
14
under
the
provisions
of
this
chapter
,
shall
may
be
collected
by
15
the
retailer
or
agent
and
remitted
to
the
department,
pursuant
16
to
the
provisions
of
paragraph
“e”
,
and
sections
423.24
,
423.29
,
17
423.30
,
423.32
,
and
423.33
.
18
Sec.
5.
1980
Iowa
Acts,
chapter
1156,
section
32,
is
amended
19
to
read
as
follows:
20
SEC.
32.
The
general
assembly
of
the
state
of
Iowa
21
hereby
declares
and
states
that
it
does
not
want
any
of
the
22
provisions
of
Public
Law
No.
96-221
(94
stat.
132),
section
23
501,
subsection
(a),
paragraph
(1),
to
apply
with
respect
to
24
loans,
mortgages,
credit
sales,
and
advances
made
in
this
25
state;
and
that
it
does
not
want
any
of
the
provisions
of
26
Public
Law
No.
96-221
(94
stat.
132),
Part
B
(section
511,
27
subsections
(a)
and
(b)),
to
apply
with
respect
to
loans
made
28
in
this
state;
and
that
it
does
not
want
any
of
the
provisions
29
of
any
of
the
amendments
contained
in
Public
Law
No.
96-221
(94
30
stat.
132),
sections
521,
522
and
523
to
apply
with
respect
to
31
loans
made
in
this
state;
and
that
it
does
not
want
any
of
the
32
provisions
of
Public
Law
No.
96-221
(94
stat.
132),
section
524
33
to
apply
with
respect
to
loans
made
in
this
state.
It
is
the
34
intent
of
the
general
assembly
of
the
state
of
Iowa
in
enacting
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this
section
to
exercise
all
authority
granted
by
Congress
1
and
to
satisfy
all
requirements
imposed
by
congress
in
Public
2
Law
No.
96-221
(94
stat.
132),
section
501
subsection
(b),
3
paragraph
(2),
and
section
512,
and
section
524
subsection
(i),
4
paragraph
(3),
and
section
525,
for
the
purpose
of
rendering
5
the
provisions
of
Public
Law
No.
96-221
(94
stat.
132),
Title
6
V,
inapplicable
in
this
state.
7
Sec.
6.
CANCELLATION
OF
UNUSED
PERMITS.
Notwithstanding
8
any
other
provision
of
law
to
the
contrary,
from
July
1,
2021,
9
through
December
31,
2021,
the
department
of
revenue
shall
have
10
authority
to
cancel
withholding
tax
permits,
sales
tax
permits,
11
or
use
tax
permits
that
the
department
of
revenue
has
verified
12
are
no
longer
in
use.
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
tax
collection
and
penalties,
tax
17
permits,
and
loans
made
by
state-chartered
banks.
18
The
bill
updates
language
in
Code
section
421.27
(penalties)
19
to
enhance
the
readability
of
the
Code
section.
20
The
bill
specifies
that
the
taxpayer
has
the
burden
to
prove
21
any
of
the
conditions
necessary
to
waive
a
penalty
under
Code
22
section
421.27.
23
The
bill
reduces
the
penalty
for
the
failure
of
a
person
to
24
file
a
return
from
10
percent
of
the
tax
shown
due
or
required
25
to
be
shown
due
to
5
percent
of
the
unpaid
tax.
26
Currently,
if
a
business
fails
to
file
a
return,
the
business
27
pays
a
penalty
of
$200
or
an
amount
equal
to
10
percent
of
the
28
imputed
Iowa
liability,
not
to
exceed
$25,000,
whichever
is
29
greater.
The
bill
modifies
the
penalty
provision
to
specify
30
the
business
pays
a
penalty
of
$200
or
an
amount
equal
to
5
31
percent
of
the
imputed
Iowa
liability,
not
to
exceed
$25,000,
32
whichever
is
greater.
33
The
bill
specifies
the
penalties
for
failure
to
timely
file
a
34
return
are
in
addition
to
any
other
penalty
provided
by
law.
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The
bill
specifies
that
a
taxpayer
who
is
required
to
file
a
1
quarterly
or
monthly
return
may
have
one
late
return
or
payment
2
over
a
three-year
period
before
being
ineligible
to
receive
a
3
waiver
of
a
penalty
for
failing
to
file
a
return.
4
Currently,
there
are
14
conditions
a
taxpayer
may
raise
5
in
order
to
be
eligible
to
receive
the
waiver
of
a
penalty
6
for
failing
to
file
a
return.
The
bill
strikes
one
of
these
7
conditions
relating
to
the
failure
to
file
an
inheritance
tax
8
return
that
resulted
from
a
disclaimer,
so
in
such
a
situation
9
the
penalty
is
not
waivable.
10
The
penalty
for
failing
to
timely
pay
tax
due
is
modified
by
11
the
bill
by
assessing
a
5
percent
penalty
against
the
unpaid
12
tax
due
rather
than
5
percent
of
the
tax.
13
The
bill
allows
most
conditions
a
taxpayer
may
raise
in
order
14
to
be
eligible
to
receive
a
waiver
of
a
penalty
for
failing
to
15
file
a
return
to
apply
to
the
waiver
of
the
penalty
for
failing
16
to
timely
pay
a
tax
due.
17
If
any
person
fails
to
pay
the
tax
due
and
the
department
18
of
revenue
discovers
the
underpayment,
the
bill
modifies
the
19
penalty
from
5
percent
of
the
tax
to
5
percent
of
the
unpaid
20
tax.
The
bill
specifies
such
a
penalty
is
in
lieu
of
the
21
penalty
for
failing
to
timely
pay
a
tax
due.
22
The
bill
modifies
the
penalty
for
willful
failure
to
file
a
23
return
or
pay
a
tax
from
75
percent
of
the
tax
required
to
be
24
shown
or
shown
due
to
75
percent
of
the
unpaid
tax.
25
The
bill
strikes
a
provision
specifying
which
penalties
are
26
applicable
if
a
person
fails
to
file
a
return
or
fails
to
pay
27
the
tax,
and
willfully
fails
to
file
a
return
or
willfully
28
files
a
false
return.
29
The
bill
modifies
the
criminal
offense
of
fraudulent
30
practice
relating
to
state
taxes
to
include
actions
of
a
31
taxpayer
who
willfully
submits
any
false
information
in
support
32
of
the
taxpayer’s
taxes
with
the
intent
to
receive
a
refund,
33
credit
exemption,
reimbursement,
rebate,
or
other
payment
or
34
benefit,
to
which
the
tax
person
is
not
entitled.
35
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The
bill
modifies
the
criminal
offense
of
fraudulent
1
practice
relating
to
state
taxes
to
include
actions
of
a
2
taxpayer
who
willfully
submits
false
information
in
support
of
3
an
application
for
a
refund
with
the
intent
to
evade
tax
or
4
receive
a
refund.
5
The
bill
provides
that
the
criminal
offense
of
fraudulent
6
practice
is
not
waivable
by
the
department
of
revenue.
7
The
penalties
for
fraudulent
practice
range
from
a
simple
8
misdemeanor
to
a
class
“C”
felony
depending
upon
the
amount
of
9
money
or
value
of
property
involved.
10
The
bill
modifies
the
penalty
for
failure
to
use
a
required
11
tax
form
to
include
failure
to
use
the
required
manner
to
remit
12
taxes.
The
penalty
is
modified
from
5
percent
of
the
amount
of
13
tax
due
or
required
to
be
shown
due
to
5
percent
of
the
amount
14
remitted
in
the
incorrect
form
or
manner
not
to
exceed
$500
per
15
instance
of
incorrect
form
or
manner.
The
bill
specifies
the
16
penalty
is
in
addition
to
any
other
penalty
provided
by
law.
17
Currently,
in
addition
to
any
other
tax
penalty,
if
a
18
taxpayer
fails
to
file
a
return
within
90
days
of
written
19
notice
by
the
department
of
revenue,
a
$1,000
penalty
is
added
20
to
the
amount
of
tax
shown
due
or
required
to
be
shown
due.
21
The
bill
modifies
the
penalty
by
requiring
the
department
of
22
revenue
to
send
a
written
demand
to
file
a
tax
return,
and
if
23
the
taxpayer
fails
to
file
the
return
under
rules
adopted
by
24
the
department,
a
$1,000
penalty
is
assessed
against
the
amount
25
due.
26
The
bill
specifies
the
order
in
which
a
payment
will
be
27
applied
if
a
taxpayer
has
multiple
unpaid
tax
periods.
28
The
bill
amends
Code
section
423.14(2)(b)
by
specifying
29
that
a
seller
of
tangible
personal
property
and
specified
30
digital
products
who
is
not
otherwise
required
to
collect
sales
31
tax
may,
but
is
not
required
to,
collect
and
remit
use
tax.
32
Current
law
requires
the
seller
to
collect
and
remit
the
use
33
tax
for
such
sales.
34
The
bill
strikes
a
provision
from
1980
Iowa
Acts,
chapter
35
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1156,
section
32,
restricting
the
ability
of
a
state-chartered
1
bank
to
use
interest
or
fees
on
loans
authorized
by
the
2
chartering
state
in
the
issuance
of
loans
in
another
state.
3
The
bill
allows
the
department
of
revenue
to
cancel
4
withholding
tax,
sales
tax,
or
use
tax
permits
the
department
5
has
verified
are
no
longer
in
use.
The
department
may
cancel
6
the
permits
from
July
1,
2021,
through
December
31,
2021.
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