Iowa Code § 425.11

Current through March 29, 2024

Section 425.11 - Definitions

1. For the purpose of this subchapter and wherever used in this subchapter:

a."Assessed valuation" means the taxable valuation of the homestead as fixed by the assessor, or by the board of review, under the provisions of section 441.21, without deducting therefrom the exemptions authorized in section 426A.11.

b."Book", "list", "record", or "schedule" kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer, unless the context otherwise requires, means the county system as defined in section 445.1.

c."Dwelling house" shall embrace any building occupied wholly or in part by the claimant as a home.

d."Homestead" shall have the following meaning:

(1) The homestead includes the dwelling house which the owner, in good faith, is occupying as a home on July 1 of the year for which the credit is claimed and occupies as a home for at least six months during the calendar year in which the fiscal year begins, except as otherwise provided.

(a) When any person is inducted into active service under the Selective Training and Service Act of the United States or whose voluntary entry into active service results in a credit on the quota of persons required for service under the Selective Training and Service Act, or who, being a member of any component part of the military, naval, or air forces or nurse corps of this state or nation, is called or ordered into active service, such person shall be considered as occupying or living on the homestead during such service and, where equitable or legal title of the homestead is in the spouse of the person who is a member of or is inducted into the armed services of the United States, the spouse shall be considered as occupying or living on the homestead during such service.

(b) When any person is confined in a nursing home, extended-care facility, or hospital, such person shall be considered as occupying or living on a homestead where such person is the owner of such homestead and such person maintains such homestead and does not lease, rent, or otherwise receive profits from other persons for the use thereof.

(2) It may contain one or more contiguous lots or tracts of land with the buildings or other appurtenances thereon habitually, and in good faith, used as a part of the homestead.

(3) It must not embrace more than one dwelling house, but where a homestead has more than one dwelling house situated thereon, the exemption and credit provided for in this subchapter shall apply to the home and buildings used by the owner, but shall not apply to any other dwelling house and buildings appurtenant.

e.

(1)"Owner" means the person who holds the fee simple title to the homestead. "Owner" also includes the following:

(a) The person occupying as a surviving spouse.

(b) The person occupying under a contract of purchase which contract has been recorded in the office of the county recorder of the county in which the property is located.

(c) The person occupying the homestead under devise or by operation of the inheritance laws where the whole interest passes or where the divided interest is shared only by persons related or formerly related to each other by blood, marriage, or adoption.

(d) The person occupying the homestead is a shareholder of a family farm corporation that owns the property.

(e) The person occupying the homestead under a deed which conveys a divided interest where the divided interest is shared only by persons related or formerly related to each other by blood, marriage, or adoption.

(f) Where the person occupying the homestead holds a life estate with the reversion interest held by a nonprofit corporation organized under chapter 504, provided that the holder of the life estate is liable for and pays property tax on the homestead.

(g) Where the person occupying the homestead holds an interest in a horizontal property regime under chapter 499B, regardless of whether the underlying land committed to the horizontal property regime is in fee or as a leasehold interest, provided that the holder of the interest in the horizontal property regime is liable for and pays property tax on the homestead.

(h) Where the person occupying the homestead is a member of a community land trust as defined in 42 U.S.C. § 12773, regardless of whether the underlying land is in fee or as a leasehold interest, provided that the member of the community land trust is occupying the homestead and is liable for and pays property tax on the homestead.

(i) The person occupying the homestead regardless of whether the underlying land is in fee or as a leasehold interest, provided that the person is occupying the homestead and is liable for and pays property tax on the homestead.

(2) For the purpose of this subchapter, the word "owner" shall be construed to mean a bona fide owner and not one for the purpose only of availing the person of the benefits of this subchapter. In order to qualify for the homestead tax credit and exemption, evidence of ownership shall be on file in the office of the clerk of the district court or recorded in the office of the county recorder at the time the owner files with the assessor a verified statement of the homestead claimed by the owner as provided in section 425.2.

2. Where not in conflict with the terms of the definitions set out in subsection 1, the provisions of chapter 561 shall control.

Iowa Code § 425.11

89 Acts, ch 256, §2; 90 Acts, ch 1087, §2; 90 Acts, ch 1250, §5; 91 Acts, ch 97, §50; 2000 Acts, ch 1148, §1; 2002 Acts, ch 1119, §200, 201; 2004 Acts, ch 1049, §191; 2004 Acts, ch 1175, § 393; 2006 Acts, ch 1158, §56, 69; 2011 Acts, ch 34, §166; 2021 Acts, ch 41, § 9 - 11, 36; 2023 Acts, ch 71, § 38, 39, 48, 49; 2023 Acts, ch 115, § 45 - 47

Amended by 2024 Iowa, ch Chapter 1043,s 91, eff. 7/1/2024.

Amended by 2023 Iowa, ch 115, s 45, eff. 6/1/2023.

Amended by 2023 Iowa, ch 71, s 39, eff. 5/4/2023, app. retroactively to assessment years beginning on or after January 1, 2023.

Amended by 2023 Iowa, ch 71, s 38, eff. 5/4/2023, app. retroactively to assessment years beginning on or after January 1, 2023.

Amended by 2021 Iowa, ch 41, s 11, eff. 4/12/2021.

Amended by 2021 Iowa, ch 41, s 10, eff. 4/12/2021.

Amended by 2021 Iowa, ch 41, s 9, eff. 4/12/2021.

C39, §6943.152; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §425.11; 82 Acts, ch 1246, §6, 1189 Acts, ch 256, §2; 90 Acts, ch 1087, §2; 90 Acts, ch 1250, §5; 91 Acts, ch 97, §50; 2000 Acts, ch 1148, §1; 2002 Acts, ch 1119, §200, 201; 2004 Acts, ch 1049, §191; 2004 Acts, ch 1175, §393; 2006 Acts, ch 1158, §56, 69; 2011 Acts, ch 34, §166

This section has been affected by the Code Editor.

Referred to in §25B.7

2023 amendment to subsection 1, paragraph d, subparagraph (3) applies retroactively to assessment years beginning on or after January 1, 2023; 2023 Acts, ch 71, §49

2023 amendment to subsection 1, paragraph e applies to claims under chapter 425, subchapter I, for credits against property taxes due and payable in fiscal years beginning on or after July 1, 2024; 2023 Acts, ch 115, §47

Subsection 1, paragraph d, subparagraph (3) amended

Subsection 1, paragraph e stricken and rewritten