Iowa Admin. Code r. 701-270.8

Current through Register Vol. 47, No. 11, December 11, 2024
Rule 701-270.8 - Local option sales and services tax payments to local governments
(1)County-imposed local sales and services tax; division of funds from accounts. Division of the amount from each county's account to be distributed is done with these steps.
a. The total amount in the county's account to be distributed is first divided into two parts. One part is equal to 75 percent of the total amount to be distributed. The second part is the remainder to be distributed.
b. The part comprised of 75 percent of the total receipts to be distributed is further divided into an amount for each participating city or unincorporated area. This division is based upon the most recent certified federal census population and any subsequent certified census. Population for each participating city and unincorporated area is determined separately and totaled. The population for each sales tax-imposing city or unincorporated area is divided by the total population to produce a percentage for each city or the unincorporated area. The percentages are rounded to the nearest one-hundredth of a percent with the total of all percentages equal to 100 percent. Each government's percentage is multiplied by 75 percent of the sales tax receipts to be distributed. Distributions are to be rounded to the nearest cent.

There are two types of certified federal censuses. The first is the usual decennial census that is always conducted throughout the entire area of any county imposing a local option sales tax.

The second type of certified federal census is the "interim" or "subsequent" census that is conducted between decennial censuses. An interim or subsequent census is not necessarily conducted within an entire county but may be used to count increases or decreases in only one or some of the jurisdictions within that county, for instance, one particular municipality. If an interim census is conducted within only certain participating jurisdictions of a county where a local option sales tax is imposed, the changes in population which that census reflects must be included within both the numerator and the denominator of the fraction that is used to compute the participating jurisdiction's share of the revenue from the county's account that is based on county population. Example 3 of this rule contains a demonstration of how an interim census can affect a population distribution formula.

c. The remaining 25 percent of the amount to be distributed is further divided based upon property taxes levied. The sum of property tax dollars to be used is the amount levied for the three years from July 1, 1982, through June 30, 1985, as obtained by using data from county tax rate reports and city tax rate reports compiled by the department of management. Property taxes levied by participating cities or the board of supervisors, if the local sales tax is imposed in unincorporated areas, are to be determined separately, then totaled. The property tax amount for each sales taximposing city and the board of supervisors, if the sales tax is imposed in unincorporated areas, is divided by the totaled property tax to produce a percentage. The percentages are rounded to the nearest one-hundredth of a percent with the total of all percentages equal to 100 percent. Each percentage is multiplied by 25 percent of the sales tax receipts to be distributed. Distributions are to be rounded to the nearest cent.
d. For each participating city, or the board of supervisors if unincorporated areas of the county participate, the amount determined in paragraph 270.8(1)"c" is added to the amount found in paragraph 270.8(1)"b." This amount is then to be remitted to the appropriate local government.

In order to illustrate the division of local option sales and services tax receipts, the following examples are provided. The numbers are shown in an attempt to reflect reality but are hypothetical.

EXAMPLE 1: If a local option sales tax is approved for all of Pottawattamie County, the distribution of $100,000 in countywide receipts would be made in this manner:

Step 1:

Distribution Basis

Amount

Population

$ 75,000.00

Property Taxes Levied

25,000.00

Total

$100,000.00

Step 2:

Certified Population

Jurisdiction

Number

Percentage

Receipts to be Distributed

Avoca

1,650

1.91%

$ 1,432.50

Carson

716

0.83%

622.50

Carter Lake

3,438

3.98%

2,985.00

Council Bluffs

56,449

65.30%

48,975.00

Crescent

547

0.63%

472.50

Hancock

254

0.29%

217.50

Macedonia

279

0.32%

240.00

McClelland

177

0.20%

150.00

Minden

419

0.49%

367.50

Neola

839

0.97%

727.50

Oakland

1,552

1.80%

1,350.00

Treynor

981

1.13%

847.50

Underwood

448

0.52%

390.00

Walnut

897

1.04%

780.00

Unincorporated

17,796

20.59%

15,442.50

Total

86,442

100.00%

$75,000.00

Note: The portion of the city of Shelby in Pottawattamie County is excluded.

Step 3:

Three-Year Total Taxes Levied

Jurisdiction

Amount

Percentage

Receipts to be Distributed

Avoca

$ 454,556

0.82%

$ 205.00

Carson

202,882

0.37%

92.50

Carter Lake

946,026

1.71%

427.50

Council Bluffs

30,290,732

54.81%

13,702.50

Crescent

7,732

0.01%

2.50

Hancock

56,705

0.10%

25.00

Macedonia

64,504

0.12%

30.00

McClelland

24,300

0.04%

10.00

Minden

155,112

0.28%

70.00

Neola

206,560

0.38%

95.00

Oakland

319,153

0.58%

145.00

Treynor

346,849

0.63%

157.50

Underwood

139,571

0.25%

62.50

Walnut

264,145

0.48%

120.00

Unincorporated

21,782,457

39.42%

9,855.00

Total

$55,262,284

100.00%

$25,000.00

Step 4:

Amount to be Distributed

Jurisdiction

By Population

By Taxes

Total Distribution

Avoca

$ 1,432.50

$ 205.00

$ 1,637.50

Carson

622.50

92.50

715.00

Carter Lake

2,985.00

427.50

3,412.50

Council Bluffs

48,975.00

13,702.50

62,677.50

Crescent

472.50

2.50

475.00

Hancock

217.50

25.00

242.50

Macedonia

240.00

30.00

270.00

McClelland

150.00

10.00

160.00

Minden

367.50

70.00

437.50

Neola

727.50

95.00

822.50

Oakland

1,350.00

145.00

1,495.00

Treynor

847.50

157.50

1,005.00

Underwood

390.00

62.50

452.50

Walnut

780.00

120.00

900.00

Unincorporated

15,442.50

9,855.00

25,297.50

Total

$75,000.00

$25,000.00

$100,000.00

EXAMPLE 2: If a local option sales tax is approved for Avoca, Oakland and Treynor in Pottawattamie County and $10,000 is to be distributed, the distribution would be made in this manner:

Step 1:

Distribution Basis

Amount

Population

$ 7,500.00

Property Taxes Levied

2,500.00

Total

$10,000.00

Step 2:

Certified Population

Jurisdiction

Number

Percentage

Receipts to be Distributed

Avoca

1,650

39.45%

$2,958.75

Oakland

1,552

37.10%

2,782.50

Treynor

981

23.45%

1,758.75

Total

4,183

100.00%

$7,500.00

Step 3:

Three-Year Total Taxes Levied

Jurisdiction

Amount

Percentage

Receipts to be Distributed

Avoca

$ 454,556

40.56%

$1,014.00

Oakland

319,153

28.48%

712.00

Treynor

346,849

30.96%

774.50

Total

$1,120,558

100.00%

$2,500.00

Step 4:

Amount to be Distributed

Jurisdiction

By Population

By Taxes

Total Distribution

Avoca

$2,958.75

$1,014.00

$ 3,972.75

Oakland

2,782.50

712.00

3,494.50

Treynor

1,758.75

774.00

2,532.75

Total

$7,500.00

$2,500.00

$10,000.00

EXAMPLE 3: For the purposes of understanding this example, assume that the numbers for "certified population" from Step 2 of Example 2 immediately above are derived from the 1990 decennial census. Assume further that in 1993 an interim census is conducted by the Bureau of the Census in Avoca and Oakland only, and nowhere else in Pottawattamie County. As a result of that interim census, the Bureau of the Census certifies the population of Avoca to be 1,752 and the population of Oakland to be 1,493. The cities' percentages of receipts to be distributed are recomputed in the following manner:

Click here to view image

Click here to view image

Amounts in Step 2 are then revised as follows:

Certified Population

Jurisdiction

Number

Percentage

Receipts to be Distributed

Avoca

1,752

41.46%

$3,109.50

Oakland

1,493

35.33%

2,649.75

Treynor

981

23.21%

1,740.75

Total

4,226

100.00%

$7,500.00

The "amount to be distributed by population" found in Step 4 of Example 2 would then be recomputed based on the new figures.

(2)City-imposed local option sales and services tax. More information on the distribution of city-imposed local sales and services tax can be found in Iowa Code section 423B.7(1).

This rule is intended to implement Iowa Code section 423B.7.

Iowa Admin. Code r. 701-270.8

ARC 7623C, IAB 2/7/24, effective 3/13/24