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INDIVIDUAL INCOME, CORPORATE, AND FRANCHISE TAXES, §422.26
422.26 Lien of tax — collection — action authorized.
1. Whenever any taxpayer liable to pay a tax and penalty imposed refuses or neglects to
pay the same, the amount, including any interest, penalty, or addition to such tax, together
with the costs that may accrue in addition thereto, shall be a lien in favor of the state upon all
property and rights to property, whether real or personal, belonging to said taxpayer.
2. The lien shall attach at the time the tax becomes due and payable and shall continue
for ten years from the date an assessment is issued unless sooner released or otherwise
discharged. The lien may, within ten years from the date an assessment is issued, be extended
by filing for record a notice with the appropriate county official of any county and from the
time of such filing, the lien shall be extended to the property in such county for ten years,
unless sooner released or otherwise discharged, with no limit on the number of extensions.
The director shall charge off any account whose lien is allowed to lapse and may charge
off any account and release the corresponding lien before the lien has lapsed if the director
determines under uniform rules prescribed by the director that the account is uncollectible
or collection costs involved would not warrant collection of the amount due.
3. In order to preserve the aforesaid lien against subsequent mortgagees, purchasers or
judgment creditors, for value and without notice of the lien, on any property situated in a
county, the director shall file with the recorder of the county, in which said property is located,
a notice of said lien.
4. a. The county recorder of each county shall keep in the recorder’s office an index
containing the applicable entries in sections 558.49 and 558.52 and showing the following
data, under the names of taxpayers, arranged alphabetically:
(1) The name of the taxpayer.
(2) The name “State of Iowa” as claimant.
(3) Time notice of lien was filed for recording.
(4) Date of notice.
(5) Amount of lien then due.
(6) Date of assessment.
(7) When satisfied.
b. The recorder shall endorse on each notice of lien the day, hour, and minute when filed
for recording and the document reference number, shall preserve the same, and shall index
the notice in the index and shall record the lien in the manner provided for recording real
estate mortgages. The lien is effective from the time of the indexing of the lien.
5. The department shall pay recording fees as provided in section 331.604, for the
recording of the lien, or for its satisfaction.
6. Upon the payment of a tax as to which the director has filed notice with a county
recorder, the director shall forthwith file with said recorder a satisfaction of said tax and the
recorder shall enter said satisfaction on the notice on file in the recorder’s office and indicate
said fact on the index aforesaid.
7. a. The department shall, substantially as provided in this chapter and chapter 626,
proceed to collect all taxes and penalties as soon as practicable after they become delinquent,
except that no property of the taxpayer is exempt from payment of the tax. If service has not
been made on a distress warrant by the officer to whom addressed within five days from the
date the distress warrant was received by the officer, the authorized revenue agents of the
department may serve and make return of the warrant to the clerk of the district court of the
county named in the distress warrant, and all subsequent procedure shall be in compliance
with chapter 626.
b. The distress warrant shall be in a form as prescribed by the director. It shall be directed
to the sheriff of the appropriate county and it shall identify the taxpayer, the tax type, and
the delinquent amount. It shall direct the sheriff to distrain, seize, garnish, or levy upon, and
sell, as provided by law, any real or personal property belonging to the taxpayer to satisfy the
amount of the delinquency plus costs. It shall also direct the sheriff to make due and prompt
return to the department or to the district court under chapters 626 and 642 of all amounts
collected.
8. The attorney general shall, upon the request of the director, bring an action at law or in
equity, as the facts may justify, without bond, to enforce payment of any taxes and penalties,
Wed Feb 08 03:44:51 2017
Iowa Code 2017, Section 422.26 (12, 0)
§422.26, INDIVIDUAL INCOME, CORPORATE, AND FRANCHISE TAXES
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and in such action the attorney general shall have the assistance of the county attorney of the
county in which the action is pending.
9. It is expressly provided that the foregoing remedies of the state shall be cumulative and
that no action taken by the director or attorney general shall be construed to be an election
on the part of the state or any of its officers to pursue any remedy hereunder to the exclusion
of any other remedy provided by law.
10. For purposes of this section, “assessment issued” means the most recent assessment
against the taxpayer for the tax type and tax period.
[C35, §6943-f22; C39, §6943.058; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §422.26;
81 Acts, ch 117, §1220]
90 Acts, ch 1232, §8 – 10; 91 Acts, ch 191, §18, 124; 91 Acts, ch 267, §522; 92 Acts, ch 1016,
§12; 97 Acts, ch 23, §45; 2001 Acts, ch 44, §18; 2006 Acts, ch 1177, §30; 2009 Acts, ch 27, §14
Referred to in §257.22, §331.602, §331.607, §421.9, §422.16, §422.39, §422.66, §422D.3, §423.4, §423.42, §425.27, §426C.7, §428A.8,
§437A.22, §437B.18, §450.55, §452A.66, §453B.11, §453B.14, §558.41
Wed Feb 08 03:44:51 2017
Iowa Code 2017, Section 422.26 (12, 0)
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