SSB 1034

The criteria for determining a “homestead” is the same as is required for the homestead property tax credit under Code chapter 425. Only one claimant per household per year is entitled to a rebate under the bill. Additionally, a claimant may only establish residency once for purposes of eligibility for the rebate under the bill. A claimant may annually claim a rebate for a portion of the property taxes paid on the homestead during the base year. “Property taxes paid” is defined in the bill to be property taxes actually paid by the claimant excluding any property tax credit on the homestead and any special assessments certified pursuant to Code chapter 384, subchapter IV, and exclusive of delinquent interest and charges for services, due on a claimant’s homestead in this state, but includes only property taxes for which the claimant is liable. _____ for the five consecutive years following the establishment of residency in this state if the homestead and employment requirements are met during each base year. The amount of the rebate is equal to a percent of the property taxes paid, determined as follows: for the first year, percent; for the second year, percent; for the third year, percent; for the fourth year, percent; and for the fifth year, 100 percent. A claim for a rebate shall not be paid or allowed unless the claim is filed with the department of revenue between January and March 1, both dates inclusive, immediately following the base year during which the property taxes were paid. The bill authorizes the amount of any rebate to be applied by the department of revenue against any tax liability, delinquent accounts, charges, loans, fees, or other indebtedness due the state or state agency that has a formal agreement with the department of revenue for central debt collection, outstanding on the books of the department against the claimant, or against a spouse who was a member of the claimant’s household in the base year. The bill establishes provisions relating to the audit of rebate claims and the collection of improperly paid rebates. A person who makes a false affidavit for the purpose of obtaining the rebate or who knowingly receives the rebate without being legally entitled to it is guilty of a fraudulent practice. The bill establishes a new resident homestead rebate fund. The bill appropriates annually from the general fund of the state to the department of revenue to be credited to the new resident homestead rebate fund an amount sufficient to implement the program and make payments for all rebates claimed.