The Iowa Department of Revenue has submitted a new proposed rule to the Iowa Legislature, available for public comment through November 7, 2023. See individual notice for details.

• Settlement Authority
  This proposed rulemaking implements division VI of 2023 Iowa Acts, Senate File 565. Division VI amends several Iowa Code sections related to settlement authority, including the authority to fully abate liabilities under certain circumstances. The Act also establishes new procedures related to estimated assessments. The statutory changes related to settlement authority in Iowa Code section 421.5 include a requirement that the Department adopt rules to administer the section. A new chapter is proposed to cover the various types of settlements that the Department may enter into. The proposed chapter defines key terms of the statute and describes procedures related to different types of settlements. The settlement authority is very discretionary. Adopting rules on this authority will provide taxpayers with information on the required procedures and limitations. The sections of the Act related to estimated assessments did not include mandatory rulemaking authority. The Department did not find it necessary to propose any new rules on the estimated assessment provisions of the statute at this time but did find that several rules that would otherwise need to be amended could instead be rescinded because they largely repeated the statute. One relevant rule, 701—700.11(422), is proposed to be amended and significantly shortened as a result of the changes to ensure accuracy.

The Department previously submitted the following proposed rule to the Iowa Legislature. The following rule has been adopted and filed, effective November 11, 2023.

• Capital Gain Deduction for Certain Types of Net Capital Gains
  This rulemaking implements deductions for farm tenancy agreement income and farm capital gains enacted by 2022 Iowa Acts, House File 2317, divisions II and III. These deductions are effective for tax years beginning on or after January 1, 2023. This rulemaking rescinds the rule for capital gains according to the law prior to the legislation.

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