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House File 26

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 422.43, subsections 1, 2, 4, 5, 6, 7,
  1  2 and 10, Code 1997, are amended to read as follows:
  1  3    1.  There is imposed a tax of five four percent upon the
  1  4 gross receipts from all sales of tangible personal property,
  1  5 consisting of goods, wares, or merchandise, except as
  1  6 otherwise provided in this division, sold at retail in the
  1  7 state to consumers or users; a like rate of tax upon the gross
  1  8 receipts from the sales, furnishing, or service of gas,
  1  9 electricity, water, heat, pay television service, and
  1 10 communication service, including the gross receipts from such
  1 11 sales by any municipal corporation or joint water utility
  1 12 furnishing gas, electricity, water, heat, pay television
  1 13 service, and communication service to the public in its
  1 14 proprietary capacity, except as otherwise provided in this
  1 15 division, when sold at retail in the state to consumers or
  1 16 users; a like rate of tax upon the gross receipts from all
  1 17 sales of tickets or admissions to places of amusement, fairs,
  1 18 and athletic events except those of elementary and secondary
  1 19 educational institutions; a like rate of tax on the gross
  1 20 receipts from an entry fee or like charge imposed solely for
  1 21 the privilege of participating in an activity at a place of
  1 22 amusement, fair, or athletic event unless the gross receipts
  1 23 from the sales of tickets or admissions charges for observing
  1 24 the same activity are taxable under this division; and a like
  1 25 rate of tax upon that part of private club membership fees or
  1 26 charges paid for the privilege of participating in any
  1 27 athletic sports provided club members.
  1 28    2.  There is imposed a tax of five four percent upon the
  1 29 gross receipts derived from the operation of all forms of
  1 30 amusement devices and games of skill, games of chance,
  1 31 raffles, and bingo games as defined in chapter 99B, operated
  1 32 or conducted within the state, the tax to be collected from
  1 33 the operator in the same manner as for the collection of taxes
  1 34 upon the gross receipts of tickets or admission as provided in
  1 35 this section.  The tax shall also be imposed upon the gross
  2  1 receipts derived from the sale of lottery tickets or shares
  2  2 pursuant to chapter 99E.  The tax on the lottery tickets or
  2  3 shares shall be included in the sales price and distributed to
  2  4 the general fund as provided in section 99E.10.
  2  5    4.  There is imposed a tax of five four percent upon the
  2  6 gross receipts from the sales of engraving, photography,
  2  7 retouching, printing, and binding services.  For the purpose
  2  8 of this division, the sales of engraving, photography,
  2  9 retouching, printing, and binding services are sales of
  2 10 tangible property.
  2 11    5.  There is imposed a tax of five four percent upon the
  2 12 gross receipts from the sales of vulcanizing, recapping, and
  2 13 retreading services.  For the purpose of this division, the
  2 14 sales of vulcanizing, recapping, and retreading services are
  2 15 sales of tangible property.
  2 16    6.  There is imposed a tax of five four percent upon the
  2 17 gross receipts from the sales of optional service or warranty
  2 18 contracts, except residential service contracts regulated
  2 19 under chapter 523C, which provide for the furnishing of labor
  2 20 and materials and require the furnishing of any taxable
  2 21 service enumerated under this section.  The gross receipts are
  2 22 subject to tax even if some of the services furnished are not
  2 23 enumerated under this section.  For the purpose of this
  2 24 division, the sale of an optional service or warranty
  2 25 contract, other than a residential service contract regulated
  2 26 under chapter 523C, is a sale of tangible personal property.
  2 27 Additional sales, services, or use taxes shall not be levied
  2 28 on services, parts, or labor provided under optional service
  2 29 or warranty contracts which are subject to tax under this
  2 30 section.
  2 31    7.  There is imposed a tax of five four percent upon the
  2 32 gross receipts from the renting of rooms, apartments, or
  2 33 sleeping quarters in a hotel, motel, inn, public lodging
  2 34 house, rooming house, mobile home which is tangible personal
  2 35 property, or tourist court, or in any place where sleeping
  3  1 accommodations are furnished to transient guests for rent,
  3  2 whether with or without meals.  "Renting" and "rent" include
  3  3 any kind of direct or indirect charge for such rooms,
  3  4 apartments, or sleeping quarters, or their use.  For the
  3  5 purposes of this division, such renting is regarded as a sale
  3  6 of tangible personal property at retail.  However, this tax
  3  7 does not apply to the gross receipts from the renting of a
  3  8 room, apartment, or sleeping quarters while rented by the same
  3  9 person for a period of more than thirty-one consecutive days.
  3 10    10.  There is imposed a tax of five four percent upon the
  3 11 gross receipts from the rendering, furnishing, or performing
  3 12 of services as defined in section 422.42.
  3 13    Sec. 2.  Section 422.43, subsection 13, paragraph a,
  3 14 unnumbered paragraph 1, Code 1997, is amended to read as
  3 15 follows:
  3 16    a.  A tax of five four percent is imposed upon the gross
  3 17 receipts from the sales, furnishing, or service of solid waste
  3 18 collection and disposal service.
  3 19    Sec. 3.  Section 422C.3, subsection 1, Code 1997, is
  3 20 amended to read as follows:
  3 21    1.  A tax of five four percent is imposed upon the rental
  3 22 price of an automobile if the rental transaction is subject to
  3 23 the sales and services tax under chapter 422, division IV, or
  3 24 the use tax under chapter 423.  The tax shall not be imposed
  3 25 on any rental transaction not taxable under the state sales
  3 26 and services tax, as provided in section 422.45, or the state
  3 27 use tax, as provided in section 423.4, on automobile rental
  3 28 receipts.
  3 29    Sec. 4.  Section 423.2, Code 1997, is amended to read as
  3 30 follows:
  3 31    423.2  IMPOSITION OF TAX.
  3 32    An excise tax is imposed on the use in this state of
  3 33 tangible personal property purchased for use in this state, at
  3 34 the rate of five four percent of the purchase price of the
  3 35 property.  An excise tax is imposed on the use of leased
  4  1 vehicles at the rate of five four percent of the amount
  4  2 otherwise subject to tax as calculated pursuant to section
  4  3 423.7A.  The excise tax is imposed upon every person using the
  4  4 property within this state until the tax has been paid
  4  5 directly to the county treasurer or the state department of
  4  6 transportation, to a retailer, or to the department.  An
  4  7 excise tax is imposed on the use in this state of services
  4  8 enumerated in section 422.43 at the rate of five four percent.
  4  9 This tax is applicable where services are rendered, furnished,
  4 10 or performed in this state or where the product or result of
  4 11 the service is used in this state.  This tax is imposed on
  4 12 every person using the services or the product of the services
  4 13 in this state until the user has paid the tax either to an
  4 14 Iowa use tax permit holder or to the department.
  4 15    Sec. 5.  APPLICABILITY.  This section applies in regard to
  4 16 the decrease in the state sales, services, and use taxes from
  4 17 five to four percent.  The four percent rate applies to all
  4 18 sales of taxable personal property, consisting of goods,
  4 19 wares, or merchandise if delivery occurs on or after July 1,
  4 20 1997.  The use tax rate of four percent applies to motor
  4 21 vehicles subject to registration which are registered on or
  4 22 after July 1, 1997.  The four percent use tax rate applies to
  4 23 the use of property when the first taxable use in this state
  4 24 occurs on or after July 1, 1997.  The four percent rate
  4 25 applies to the gross receipts from the sale, furnishing, or
  4 26 service of gas, electricity, water, heat, pay television
  4 27 service, and communication service if the date of billing the
  4 28 customer is on or after July 1, 1997.  In the case of a
  4 29 service contract entered into prior to July 1, 1997, which
  4 30 contract calls for periodic payments, the four percent rate
  4 31 applies to those payments made or due on or after July 1,
  4 32 1997.  This periodic payment applies, but is not limited to,
  4 33 tickets or admissions, private club membership fees, sources
  4 34 of amusement, equipment rental, dry cleaning, reducing salons,
  4 35 dance schools, and all other services subject to tax, except
  5  1 the aforementioned utility services which are subject to a
  5  2 special transitional rule.  Unlike periodic payments under
  5  3 service contracts, installment sales of goods, wares, and
  5  4 merchandise are subject to the full amount of sales or use tax
  5  5 when the sales contract is entered into or the property is
  5  6 first used in Iowa.  
  5  7                           EXPLANATION
  5  8    The bill reduces the state sales and use tax rate from five
  5  9 to four percent and makes corresponding changes in the rates
  5 10 for certain rentals and leases of motor vehicles.
  5 11    The bill specifies that the four percent rate applies to
  5 12 sales of property delivered on or after July 1, 1997.  The
  5 13 four percent rate applies to utilities where billings occur on
  5 14 or after July 1, 1997, applies to motor vehicles registered on
  5 15 or after July 1, 1997, and applies to periodic payments made
  5 16 on or after July 1, 1997, under contracts calling for periodic
  5 17 payments.  
  5 18 LSB 1256YH 77
  5 19 mg/cf/24
     

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