House File 2517 - Introduced HOUSE FILE 2517 BY SWEENEY , BAUDLER , HUSEMAN , SANDS , SCHULTZ , WINDSCHITL , S. OLSON , and RAYHONS A BILL FOR An Act exempting from the imposition of the sales and use 1 taxes the sales price on certain sales of clay pigeons and 2 including effective date and retroactive applicability 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5788YH (6) 83 tw/sc
H.F. 2517 Section 1. Section 423.3, Code Supplement 2009, is amended 1 by adding the following new subsection: 2 NEW SUBSECTION . 96. The sales price from the sale of clay 3 pigeons that are to be stored, used, or consumed by a shooting 4 facility, if any of the following applies: 5 a. The shooting facility is required to collect sales taxes 6 imposed on the sales price of charges for shooting at the 7 facility. 8 b. The shooting facility is a nonprofit organization that 9 charges for shooting at the facility, and the sales price of 10 such charges are exempt as casual sales under subsection 39. 11 Sec. 2. REFUNDS. 12 1. Refunds of taxes, interest, or penalties that arise 13 from claims resulting from the enactment of section 423.3, 14 subsection 96, in this Act, for the exemption of sales of clay 15 pigeons occurring between January 1, 2000, and the effective 16 date of this Act, shall be limited to fifty thousand dollars 17 in the aggregate and shall not be allowed unless refund claims 18 are filed prior to October 1, 2010, notwithstanding any other 19 provision of law. 20 2. If the amount of claims totals more than fifty thousand 21 dollars in the aggregate, the department of revenue shall 22 prorate the fifty thousand dollars among all claimants in 23 relation to the amounts of the claimants’ valid claims. 24 3. Claimants shall not be entitled to interest on any 25 refunds. 26 Sec. 3. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 27 APPLICABILITY. This Act, being deemed of immediate importance, 28 takes effect upon enactment and applies retroactively to 29 January 1, 2000. 30 EXPLANATION 31 This bill exempts from the imposition of the sales and use 32 taxes the sale of clay pigeons if they are sold to a shooting 33 facility that collects sales taxes on the charges for shooting 34 at the facility or if the charges for shooting at the facility 35 -1- LSB 5788YH (6) 83 tw/sc 1/ 2
H.F. 2517 are exempt as casual sales. 1 Because the exemption is retroactive to January 1, 2000, 2 the bill provides for refund claims arising as a result of the 3 bill. 4 The bill takes effect upon enactment and applies 5 retroactively to January 1, 2000. 6 -2- LSB 5788YH (6) 83 tw/sc 2/ 2