Text: HF00198 Text: HF00200 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 1 2 HOUSE FILE 199 1 3 1 4 AN ACT 1 5 RELATING TO THE TAXATION OF AIRCRAFT UNDER THE STATE SALES, 1 6 SERVICES, AND USE TAXES. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 422.45, subsections 4 and 6, Code 1999, 1 11 are amended to read as follows: 1 12 4. The gross receipts from sales of vehicles subject to 1 13 registration or subject only to the issuance of a certificate 1 14 of title and sales of aircraft subject to registration under 1 15 section 328.20. 1 16 6. The gross receipts from "casual sales".However, this1 17exemption does not apply to aircraft.1 18 Sec. 2. Section 423.2, Code 1999, is amended to read as 1 19 follows: 1 20 423.2 IMPOSITION OF TAX. 1 21 An excise tax is imposed on the use in this state of 1 22 tangible personal property, including aircraft subject to 1 23 registration under section 328.20, purchased for use in this 1 24 state, at the rate of five percent of the purchase price of 1 25 the property. An excise tax is imposed on the use of leased 1 26 vehicles at the rate of five percent of the amount otherwise 1 27 subject to tax as calculated pursuant to section 423.7A. The 1 28 excise tax is imposed upon every person using the property 1 29 within this state until the tax has been paid directly to the 1 30 county treasurer or the state department of transportation, to 1 31 a retailer, or to the department. An excise tax is imposed on 1 32 the use in this state of services enumerated in section 422.43 1 33 at the rate of five percent. This tax is applicable where 1 34 services are rendered, furnished, or performed in this state 1 35 or where the product or result of the service is used in this 2 1 state. This tax is imposed on every person using the services 2 2 or the product of the services in this state until the user 2 3 has paid the tax either to an Iowa use tax permit holder or to 2 4 the department. 2 5 Sec. 3. Section 423.4, subsection 4, Code 1999, is amended 2 6 to read as follows: 2 7 4. Tangible personal property, the gross receipts from the 2 8 sale of which are exempted from the retail sales tax by the 2 9 terms of section 422.45, except subsection 4 and subsection 6 2 10 of section 422.45 as it relates to the sale of vehicles 2 11 subject to registration or subject only to the issuance of a 2 12 certificate of title and as it relates to aircraft subject to 2 13 registration under section 328.20. 2 14 Sec. 4. Section 423.4, Code 1999, is amended by adding the 2 15 following new subsections: 2 16 NEW SUBSECTION. 17. Aircraft for use in a scheduled 2 17 interstate federal aviation administration certificated air 2 18 carrier operation. 2 19 NEW SUBSECTION. 18. Aircraft; tangible personal property 2 20 permanently affixed or attached as a component part of the 2 21 aircraft, including but not limited to repair or replacement 2 22 materials or parts; and all services used for aircraft repair, 2 23 remodeling, and maintenance services when such services are 2 24 performed on aircraft, aircraft engines, or aircraft component 2 25 materials or parts. For the purposes of this exemption, 2 26 "aircraft" means aircraft used in a scheduled interstate 2 27 federal aviation administration certified air carrier 2 28 operation. 2 29 NEW SUBSECTION. 19. Tangible personal property 2 30 permanently affixed or attached as a component part of the 2 31 aircraft, including but not limited to repair or replacement 2 32 materials or parts; and all services used for aircraft repair, 2 33 remodeling, and maintenance services when such services are 2 34 performed on aircraft, aircraft engines, or aircraft component 2 35 materials or parts. For the purposes of this exemption, 3 1 "aircraft" means aircraft used in nonscheduled interstate 3 2 federal aviation administration certified air carrier 3 3 operation operating under 14 C.F.R. ch. 1, pt. 135. 3 4 NEW SUBSECTION. 20. Aircraft sold to an aircraft dealer 3 5 who in turn rents or leases the aircraft if all of the 3 6 following apply: 3 7 a. The aircraft is kept in the inventory of the dealer for 3 8 sale at all times. 3 9 b. The dealer reserves the right to immediately take the 3 10 aircraft from the renter or lessee when a buyer is found. 3 11 c. The renter or lessee is aware that the dealer will 3 12 immediately take the aircraft when a buyer is found. 3 13 If an aircraft exempt under this subsection is used for any 3 14 purpose other than leasing or renting, or the conditions in 3 15 paragraphs "a", "b", and "c" are not continuously met, the 3 16 dealer claiming the exemption under this subsection is liable 3 17 for the tax that would have been due except for this 3 18 subsection. The tax shall be computed upon the original 3 19 purchase price. 3 20 3 21 3 22 3 23 RON J. CORBETT 3 24 Speaker of the House 3 25 3 26 3 27 3 28 MARY E. KRAMER 3 29 President of the Senate 3 30 3 31 I hereby certify that this bill originated in the House and 3 32 is known as House File 199, Seventy-eighth General Assembly. 3 33 3 34 3 35 4 1 ELIZABETH ISAACSON 4 2 Chief Clerk of the House 4 3 Approved , 1999 4 4 4 5 4 6 4 7 THOMAS J. VILSACK 4 8 Governor
Text: HF00198 Text: HF00200 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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