450B.6 Lien of tax.
258 words·~1 min read·
/ia/chapter-450b-qualified-use-inheritance-tax/450b-6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. A lien is created in favor of the state for the additional inheritance tax which may be imposed by section 450B.3 on the qualified real property for which an election has been made under section 450B.2. The lien created by this section shall continue until the tax has been paid or ten years after the tax is due, whichever date occurs first. However, the lien shall expire ten years after the decedent’s death if the qualified heir has not disposed of or ceased to use for the qualified use the qualified real property which would impose the tax under section 450B.3.
The department of revenue may release the lien prior to the payment of the tax due, if any, if adequate security for payment of the tax is given.
2. Unless the lien has been perfected by recording in the office of the recorder in the county where the estate is probated, a transfer of the qualified real property to a bona fide purchaser for value shall divest the property of the lien. If the lien is perfected by recording, the rights of the state under the lien have priority over all subsequent mortgagees, purchasers, or judgment creditors. The lien may be foreclosed by the director of revenue in the same manner as is now prescribed for the foreclosure of real estate mortgages and upon judgment, execution shall be issued to sell as much of the property necessary to satisfy the tax, interest, and costs due.
[81 Acts, ch 147, §17; 82 Acts, ch 1023, §28, 34]