Text: HSB00124 Text: HSB00126 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 15.330, subsection 1, unnumbered
1 2 paragraph 1, Code 1995, is amended to read as follows:
1 3 If the business or group of businesses has not met more
1 4 than ninety percent of the job creation requirement in section
1 5 15.329, subsection 1, paragraph "f", it shall pay a percentage
1 6 of the incentive received under section 15.334, or if the
1 7 business or group of businesses does not receive the incentive
1 8 under section 15.334, then under section 15.333 and the
1 9 incentive claimed under section 15.337, if any, as follows:
1 10 Sec. 2. NEW SECTION. 15.337 SALES, SERVICE, AND USE TAX
1 11 REFUND.
1 12 1. An eligible business may claim a refund on taxes paid
1 13 pursuant to chapter 422 or 423 on the gross receipts or rental
1 14 price of property purchased or rented by the eligible business
1 15 or on gas, electricity, water, and sewer utility services if
1 16 the item was purchased or the service was performed or
1 17 received prior to the completion of the project for which the
1 18 eligible business is receiving program benefits. Claims under
1 19 this section shall be submitted on forms provided by the
1 20 department of revenue and finance not later than six months
1 21 after the completion of the project. The refund in this
1 22 subsection shall not apply to furniture or furnishings or
1 23 intangible property.
1 24 2. An eligible business may also claim a refund of the
1 25 taxes paid under chapter 422 or 423 for gas, electricity,
1 26 water, or sewer utility services, goods, wares, or
1 27 merchandise, or on services rendered, furnished, or performed
1 28 by or for a contractor or subcontractor and used in the
1 29 fulfillment of a written contract relating to the construction
1 30 or equipping of the facility for which program benefits are
1 31 being received. The refund in this subsection shall not apply
1 32 to furniture or furnishings or intangible property. To
1 33 receive the refund a claim shall be filed by the eligible
1 34 business with the department of revenue and finance as
1 35 follows:
2 1 a. The contractor or subcontractor shall state under oath,
2 2 on forms provided by the department, the amount of the sales
2 3 of goods, wares, or merchandise or services rendered,
2 4 furnished, or performed including water, sewer, gas, and
2 5 electric utility services for use in the facility for which
2 6 program benefits are being received upon which sales or use
2 7 tax has been paid prior to the project'scompletion, and shall
2 8 file the forms with the eligible business before final
2 9 settlement is made.
2 10 b. The eligible business shall, not more than six months
2 11 after the completion of the project for which program benefits
2 12 are being received, make application to the department for any
2 13 refund or the amount of the taxes paid pursuant to chapter 422
2 14 or 423 upon any goods, wares, or merchandise, or services
2 15 rendered, furnished, or performed, including water, sewer,
2 16 gas, and electric utility services. The application shall be
2 17 made in the manner and upon forms to be provided by the
2 18 department, and the department shall audit the claim and, if
2 19 approved, issue a warrant to the eligible business in the
2 20 amount of the sales or use tax which has been paid to the
2 21 state of Iowa under a contract. A claim filed by the eligible
2 22 business in accordance with this subsection shall not be
2 23 denied by reason of a limitation provision set forth in
2 24 chapter 421, 422, or 423.
2 25 c. A contractor or subcontractor who willfully makes a
2 26 false report of tax paid under the provisions of this
2 27 subsection is guilty of a simple misdemeanor and in addition
2 28 is liable for the payment of the tax and any applicable
2 29 penalty and interest.
2 30 EXPLANATION
2 31 This bill provides that a business which is eligible for
2 32 benefits under the new jobs and income program (sections
2 33 15.326 through 15.336) may also claim a refund on sales and
2 34 use taxes paid on certain goods and services, including goods
2 35 and services purchased by or for a contractor or subcontractor
3 1 on the project, prior to the completion of the project for
3 2 which the business is receiving benefits under the new jobs
3 3 and income program.
3 4 LSB 1981HC 76
3 5 mk/cf/24
Text: HSB00124 Text: HSB00126 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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