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House File 236

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 422.52, subsection 1, Code 1999, is
  1  2 amended to read as follows:
  1  3    1.  a.  The tax levied under this division less any credit
  1  4 allowed under subsection 1A is due and payable in quarterly
  1  5 installments on or before the last day of the month following
  1  6 each quarterly period except as otherwise provided in this
  1  7 subsection.
  1  8    b.  Every retailer who collects more than four thousand
  1  9 dollars in retail sales tax in a semimonthly period shall
  1 10 deposit with the department or in a depository authorized by
  1 11 law and designated by the director, the amount collected or an
  1 12 amount equal to not less than one-sixth of the tax collected
  1 13 and paid to the department during the preceding quarter, with
  1 14 a deposit form for the semimonthly period as prescribed by the
  1 15 director.  The first semimonthly deposit form is for the
  1 16 period from the first of the month through the fifteenth of
  1 17 the month and is due on or before the twenty-fifth day of the
  1 18 month.  The second semimonthly deposit form is for the period
  1 19 from the sixteenth through the end of the month and is due on
  1 20 or before the tenth day of the month following the month of
  1 21 collection.  A deposit is not required for the last
  1 22 semimonthly period of the calendar quarter.  The total
  1 23 quarterly amount, less any credit allowed under subsection 1A
  1 24 and less the amount deposited for the five previous
  1 25 semimonthly periods, is due with the quarterly report on the
  1 26 last day of the month following the month of collection.
  1 27    c.  A retailer who collects more than five hundred dollars
  1 28 in retail sales taxes in one month and not more than four
  1 29 thousand dollars in retail sales taxes in a semimonthly period
  1 30 shall deposit with the department or in a depository
  1 31 authorized by law and designated by the director, the amount
  1 32 collected or an amount equal to not less than one-third of the
  1 33 tax collected and paid to the department during the preceding
  1 34 quarter, with a deposit form for the month as prescribed by
  1 35 the director.  The deposit form is due on or before the
  2  1 twentieth day of the month following the month of collection,
  2  2 except a deposit is not required for the third month of the
  2  3 calendar quarter and the total quarterly amount, less any
  2  4 credit allowed under subsection 1A and less the amounts
  2  5 deposited for the first two months of the quarter, is due with
  2  6 the quarterly report on the last day of the month following
  2  7 the month of collection.
  2  8    d.  Every retailer who collects more than fifty dollars and
  2  9 not more than five hundred dollars in retail sales tax in one
  2 10 month shall deposit with the department or in a depository
  2 11 authorized by law and designated by the director, the amount
  2 12 collected, or an amount equal to not less than one-third of
  2 13 the tax collected and paid to the department during the last
  2 14 preceding quarter, with a deposit form for the month as
  2 15 prescribed by the director.  The deposit form is due on or
  2 16 before the twentieth day of the month following the month of
  2 17 collection, except a deposit is not required for the third
  2 18 month of the calendar quarter and the total quarterly amount,
  2 19 less any credit allowed under subsection 1A and less the
  2 20 amounts deposited for the first two months of the quarter, is
  2 21 due with the quarterly report on the last day of the month
  2 22 following the month of collection.
  2 23    e.  The monthly remittance procedure is optional for any
  2 24 sales tax permit holder whose average monthly collection of
  2 25 tax amounts to more than twenty-five dollars and less than
  2 26 fifty dollars.  If the exact amounts of the taxes due or an
  2 27 amount equal to not less than one-third or one-sixth, as
  2 28 applicable, of the tax collected and paid to the department
  2 29 during the last preceding quarter on the deposit form are not
  2 30 ascertainable by the retailer, or would work undue hardship in
  2 31 the computation of the taxes due by the retailer, the director
  2 32 may provide by rules alternative procedures for estimating the
  2 33 amounts (but not the dates) due by the retailers.
  2 34    f.  The forms prescribed by the director shall be referred
  2 35 to as "retailers semimonthly tax deposit" or "retailers
  3  1 monthly tax deposit".  Deposit forms shall be signed by the
  3  2 retailer or the retailer's duly authorized agent, and shall be
  3  3 duly certified by the retailer or agent to be correct.  The
  3  4 director may authorize incorporated banks and trust companies
  3  5 or other depositories authorized by law which are depositories
  3  6 or financial agents of the United States, or of this state, to
  3  7 receive any tax imposed under this chapter, in the manner, at
  3  8 the times and under the conditions the director prescribes.
  3  9 The director shall prescribe the manner, times, and conditions
  3 10 under which the receipt of the tax by those depositories is to
  3 11 be treated as payment of the tax to the department.
  3 12    Sec. 2.  Section 422.52, Code 1999, is amended by adding
  3 13 the following new subsection:
  3 14    NEW SUBSECTION.  1A.  Each retailer who timely files the
  3 15 return required in section 422.51 is entitled to a credit
  3 16 equal to one percent of the amount of the state retail sales
  3 17 tax collected during the period covered by the return.
  3 18 However, if the retailer does not timely deposit the state
  3 19 retail sales tax collected as required in subsection 1, the
  3 20 one percent shall not be applied to the amount not timely
  3 21 deposited in determining the amount of credit under this
  3 22 subsection.  
  3 23                           EXPLANATION
  3 24    The bill allows each retailer that timely files the state
  3 25 sales tax return a credit equal to one percent of the amount
  3 26 of the state sales tax collected during the period covered by
  3 27 the return.  However, any sales tax collected which is not
  3 28 timely deposited as required by law is not considered in the
  3 29 computation of the credit.  
  3 30 LSB 1681HH 78
  3 31 mg/jw/5
     

Text: HF00235                           Text: HF00237
Text: HF00200 - HF00299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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