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Senate Study Bill 251

Bill Text

PAG LIN
  1  1    Section 1.  Section 422.45, subsection 18, Code 1997, is
  1  2 amended to read as follows:
  1  3    18.  Gross receipts from the sale of tangible personal
  1  4 property, except vehicles subject to registration, to a person
  1  5 regularly engaged in the business of leasing if the period of
  1  6 the lease is for more than one year, or in the consumer rental
  1  7 purchase business if the property is to be utilized in a
  1  8 transaction involving a consumer rental purchase agreement as
  1  9 defined in section 537.3604, subsection 8, and the leasing or
  1 10 consumer rental of the property is subject to taxation under
  1 11 this division.  If tangible personal property exempt under
  1 12 this subsection is made use of for any purpose other than
  1 13 leasing, renting, or consumer rental purchase, the person
  1 14 claiming the exemption under this subsection is liable for the
  1 15 tax that would have been due except for this subsection.  The
  1 16 tax shall be computed upon the original purchase price.  The
  1 17 aggregate of the tax paid on the leasing, renting, or rental
  1 18 purchase of such tangible personal property, not to exceed the
  1 19 amount of the sales tax owed, shall be credited against the
  1 20 tax.  This sales tax is in addition to any sales or use tax
  1 21 that may be imposed as a result of the disposal of such
  1 22 tangible personal property.
  1 23    Sec. 2.  REFUNDS.  Refunds of taxes, interest, or penalties
  1 24 which arise from claims resulting from the enactment of the
  1 25 amendment to section 422.45, subsection 18, in this Act, for
  1 26 sales and uses occurring between July 1, 1991, and June 30,
  1 27 1997, shall not be allowed unless refund claims are filed
  1 28 prior to October 1, 1997, notwithstanding any other provision
  1 29 of law.  If the amount of refund claims totals more than
  1 30 twenty-five thousand dollars in the aggregate, the department
  1 31 of revenue and finance shall prorate the twenty-five thousand
  1 32 dollars among all claimants in proportion to the amounts of
  1 33 the claimants' valid claims.
  1 34    Sec. 3.  EFFECTIVE AND APPLICABILITY DATES.  This Act,
  1 35 being deemed of immediate importance, takes effect upon
  2  1 enactment and applies retroactively to July 1, 1991, for sales
  2  2 made or uses occurring on or after that date.  
  2  3                           EXPLANATION
  2  4    This bill exempts from the sales, service, and use tax
  2  5 sales of tangible personal property to leasing businesses who
  2  6 lease property for one year or less.  Present law allows the
  2  7 exemption for those who lease for one year or more.
  2  8    This sales tax exemption takes effect upon enactment and
  2  9 applies retroactively to July 1, 1991, for sales made and uses
  2 10 occurring on or after that date.  The bill also requires
  2 11 claims for refunds of taxes paid between July 1, 1991, and
  2 12 June 30, 1997, to be made prior to October 1, 1997.  
  2 13 LSB 2742SC 77
  2 14 tj/jj/8
     

Text: SSB00250                          Text: SSB00252
Text: SSB00200 - SSB00299               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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