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House Journal: Page 1031: Wednesday, March 27, 1996

Page   9

 1   the state gross receipts tax law are applicable to the
 2   administration of a local cigarette and tobacco tax
 3   law, including but not limited to, the provisions of
 4   sections 422.25, subsection 4, 422.30, 422.48 to
 5   422.52, 422.54 to 422.58, 422.67, 422.68, 422.69,
 6   subsection 1, and 422.70 to 422.75.  Local officials
 7   shall confer with the director of revenue and finance
 8   for assistance in drafting the ordinance imposing a
 9   local cigarette and tobacco tax.  A certified copy of
10   the ordinance shall be filed with the director as soon
11   as possible after passage.
12     The director, in consultation with local officials,
13   shall collect and account for a local cigarette and
14   tobacco tax.  The director shall certify each quarter
15   the amount of local cigarette and tobacco tax receipts
16   and any interest and penalties to be credited to the
17   "local cigarette and tobacco tax fund" established in
18   the office of the treasurer of state.
19     All local tax moneys and interest and penalties
20   received or refunded one hundred eighty days or more
21   after the date on which the county repeals its local
22   cigarette and tobacco tax shall be deposited in or
23   withdrawn from the state general fund.
24     Sec. 62.  NEW SECTION.  422B.7  PAYMENT TO LOCAL
25   GOVERNMENTS.
26     1.  The director shall credit the local cigarette
27   and tobacco tax receipts and interest and penalties
28   from the tax imposed in the unincorporated area of a
29   county to the county's account in the local cigarette
30   and tobacco tax fund and from the tax imposed in the
31   unincorporated area of a city to the city's account in
32   the local cigarette and tobacco tax fund.  If the
33   director is unable to determine from which county any
34   of the receipts were collected, those receipts shall
35   be allocated among the possible counties based on
36   allocation rules adopted by the director.
37     2.  a.  The director of revenue and finance within
38   fifteen days of the beginning of each fiscal year
39   shall send to each city or county where the local
40   option tax is imposed, an estimate of the amount of
41   tax moneys each city or county will receive for the
42   year and for each quarter of the year.  At the end of
43   each quarter, the director may revise the estimates
44   for the year and remaining quarters.
45     b.  The director of revenue and finance shall remit
46   ninety percent of the estimate tax receipts for the
47   city or county to the city or county after the end of
48   each quarter no later than the following dates:
49   November 10, February 10, May 10, and August 10.
50     c.  The director of revenue and finance shall remit

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