Section 701.107.10. Local option sales and service tax payments to local governments.

For periods after July 1, 1997, when a local sales and service tax is imposed, the director of revenue within 15 days of the beginning of each fiscal year shall send to each city or county where the local option tax is imposed, an estimate of the tax moneys each city or county will receive for the year and for each month of the year. For periods after July 1, 2002, the director of revenue by August 15 of each fiscal year shall send to each city or county where the local option tax is imposed an estimate of the tax moneys each city or county will receive for the year and for each month of the year. At the end of each month, the director may revise the estimates for the year and remaining months. The director shall remit 95 percent of the estimated monthly tax receipts for the city or county to the city or county on or before August 31 of the fiscal year and the last day of each month thereafter. The director shall remit a final payment of the remainder of tax money due to the city or county for the fiscal year before November 10 of the next fiscal year. If an overpayment has resulted during the previous fiscal year, the first payment of the new fiscal year shall be adjusted to reflect any overpayment. An adjustment for an overpayment which resulted in a previous year will be reflected beginning with the November payment. The shares are to be remitted to the board of supervisors if the tax is imposed in the unincorporated areas of the county, and to each city where the tax is imposed.

Each county’s account is to be proportionately distributed to participating governments 75 percent on the basis of the most recent certified federal census population, and 25 percent on the basis of the sum of property tax dollars levied by participating boards of supervisors or by cities for the three years from July 1, 1982, through June 30, 1985.

“The most recent certified federal census” is the final count from the most recent decennial census conducted by the United States Department of Commerce, Bureau of the Census, as modified by subsequent certifications from the United States Bureau of the Census. If a subsequent certified census occurs which modifies the “most recent certified federal census” for a participating jurisdiction, then the formula set forth in this rule for computations for distribution of the tax shall reflect any population adjustments reported by the subsequent certified census.

The “sum of property tax dollars levied” by boards of supervisors or city councils for the three years from July 1, 1982, through June 30, 1985, is the amount obtained by using data from county tax rate reports and city tax rate reports compiled by the office of management.

Division of the amount from each county’s account to be distributed is done with these steps.

        1.            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.

        2.            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 which 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 which 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 which is used to compute the participating jurisdiction’s share of the revenue from the county’s account which is based on county population. See 1996 O.A.G. 10-22-96 (Miller to Richards). See also Example 3 of this rule for a demonstration of how an interim census can affect a population distribution formula.

        3.            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. 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 tax imposing 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.

        4.            For each participating city, or the board of supervisors if unincorporated areas of the county participate, the amount determined in “3” is added to the amount found in “2.” This amount is then to be remitted to the appropriate local government.

In order to illustrate the division of local option sales and service 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		Receipts to be
	Jurisdiction	Number	Percentage	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		Receipts to be
	Jurisdiction	Amount	Percentage	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		Total
	Jurisdiction	By Population	By Taxes	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		Receipts to be
Jurisdiction	Number	Percentage	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		Receipts to be
Jurisdiction	Amount	Percentage	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		Total
Jurisdiction	By Population	By Taxes	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 towns’ percentages of receipts to be distributed are recomputed in the following manner:

Avoca’s Percentage Equals	1752	=	41.45%
	1752 + 1493 + 981

Oakland’s Percentage Equals	1493	=	35.32%
	1493 + 1752 + 981

Amounts in Step 2 are then revised as follows:

	Certified Population		Receipts to be
Jurisdiction	Number	Percentage	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.

Rule 107.10(422B) is intended to implement Iowa Code section 422B.10 as amended by 2002 Iowa Acts, House File 2622, section 12.