Text: HF02547                           Text: HF02549
Text: HF02500 - HF02599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 2548

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 15.331A, subsection 2, Code 1999, is
  1  2 amended to read as follows:
  1  3    2.  The eligible business or a supporting business shall,
  1  4 not more than six months one year after project completion,
  1  5 make application to the department for any refund of the
  1  6 amount of the taxes paid pursuant to chapter 422 or 423 upon
  1  7 any goods, wares, or merchandise, or services rendered,
  1  8 furnished, or performed, including water, sewer, gas, and
  1  9 electric utility services.  The application shall be made in
  1 10 the manner and upon forms to be provided by the department,
  1 11 and the department shall audit the claim and, if approved,
  1 12 issue a warrant to the eligible business or supporting
  1 13 business in the amount of the sales or use tax which has been
  1 14 paid to the state of Iowa under a contract.  A claim filed by
  1 15 the eligible business or a supporting business in accordance
  1 16 with this section shall not be denied by reason of a
  1 17 limitation provision set forth in chapter 421, 422, or 423.
  1 18    Sec. 2.  Section 404.4, unnumbered paragraph 2, Code 1999,
  1 19 is amended to read as follows:
  1 20    An application shall be filed for each new exemption
  1 21 claimed.  The first application for an exemption shall be
  1 22 filed by the owner of the property with the governing body of
  1 23 the city or county in which the property is located by
  1 24 February 1 of the assessment year for which the exemption is
  1 25 first claimed, but not later than the year in which all
  1 26 improvements included in the project are first assessed for
  1 27 taxation, unless, upon the request of the owner at any time,
  1 28 the governing body of the city or county provides by
  1 29 resolution that the owner may file an application by February
  1 30 1 of any other assessment year selected by the governing body
  1 31 in which case the exemption is allowed for the number of years
  1 32 remaining in the exemption schedule selected.  The application
  1 33 shall contain, but not be limited to, the following
  1 34 information:  The nature of the improvement, its cost, the
  1 35 estimated or actual date of completion, the tenants that
  2  1 occupied the owner's building on the date the city or county
  2  2 adopted the resolution referred to in section 404.2,
  2  3 subsection 1, and which exemption in section 404.3 or in the
  2  4 different schedule, if one has been adopted, will be elected.
  2  5    Sec. 3.  Section 421.17, subsection 16, Code Supplement
  2  6 1999, is amended to read as follows:
  2  7    16.  To call upon any a state department agency or
  2  8 institution for technical advice and data which may be of
  2  9 value in connection with the work of assessment and taxation
  2 10 the department.
  2 11    Sec. 4.  NEW SECTION.  421.46  TAX AGREEMENTS WITH INDIAN
  2 12 TRIBES.
  2 13    1.  "Indian country" means the Indian country as defined in
  2 14 18 U.S.C. } 1151, and includes trust land as defined by the
  2 15 United States secretary of the interior.
  2 16    2.  The department and the governing council of an Indian
  2 17 tribe may enter into an agreement to provide for the
  2 18 collection and distribution by the department within Indian
  2 19 country of any tax or fee imposed by the state and
  2 20 administered by the department.
  2 21    An agreement may also provide for the collection and
  2 22 distribution by the department of any tribal tax or fee
  2 23 imposed by tribal ordinance.  The agreement may provide for
  2 24 the retention of an administrative fee by the department which
  2 25 fee shall be an agreed upon percentage of the gross revenue of
  2 26 the tribal tax or fee collected.
  2 27    Sec. 5.  Section 421.60, subsection 2, Code 1999, is
  2 28 amended by adding the following new paragraph:
  2 29    NEW PARAGRAPH.  m.  (1)  The director may abate unpaid
  2 30 state sales and use taxes and local sales and services taxes
  2 31 owed by a retailer in the event that the retailer failed to
  2 32 collect tax from the purchaser as a result of erroneous
  2 33 written advice issued by the department that was specially
  2 34 directed to the retailer by the department and the retailer is
  2 35 unable to collect the tax, interest, or penalties from the
  3  1 purchaser.  Before the tax, interest, and penalties shall be
  3  2 abated on the basis of erroneous written advice, the retailer
  3  3 must present a copy of the retailer's request for written
  3  4 advice to the department and a copy of the department's reply.
  3  5 The department shall not maintain a position against the
  3  6 retailer that is inconsistent with the erroneous written
  3  7 advice, except on the basis of subsequent written advice sent
  3  8 by the department to that retailer, or a change in state or
  3  9 federal law, a reported court case to the contrary, a contrary
  3 10 rule adopted by the department, a change in material facts or
  3 11 circumstances relating to the retailer, or the retailer's
  3 12 misrepresentation or incomplete or inadequate representation
  3 13 of material facts and circumstances in requesting the written
  3 14 advice.
  3 15    (2)  The director shall abate the unpaid state sales and
  3 16 use taxes and any local sales and services taxes owed by a
  3 17 retailer where the retailer failed to collect the tax from the
  3 18 purchaser on the charges paid for access to on-line computer
  3 19 services as a result of erroneous written advice issued by the
  3 20 department regarding the taxability of charges paid for access
  3 21 to on-line computer services.  To qualify for the abatement
  3 22 under this subparagraph, the erroneous written advice shall
  3 23 have been issued by the department prior to July 1, 1999, and
  3 24 shall have been specially directed to the retailer by the
  3 25 department.
  3 26    (3)  The director shall prepare quarterly reports
  3 27 summarizing each case in which abatement of tax, interest, or
  3 28 penalties was made.  However, the report shall not disclose
  3 29 the identity of the taxpayer.  An abatement authorized by this
  3 30 paragraph to a retailer shall not preclude the department from
  3 31 proceeding to collect the liability from a purchaser.
  3 32    Sec. 6.  Section 422.45, subsection 56, Code Supplement
  3 33 1999, is amended to read as follows:
  3 34    56.  The gross receipts from charges paid to a provider for
  3 35 access to on-line computer services.  For purposes of this
  4  1 subsection, "on-line computer service" means a service that
  4  2 provides or enables computer access by multiple users to the
  4  3 internet or to other information made available through a
  4  4 computer server.
  4  5    Sec. 7.  Section 422.47, subsection 2, Code Supplement
  4  6 1999, is amended by striking the subsection.
  4  7    Sec. 8.  Section 422.52, subsection 6, paragraph a, Code
  4  8 Supplement 1999, is amended to read as follows:
  4  9    a.  If a purchaser fails to pay tax imposed by this
  4 10 division to the retailer required to collect the tax, then in
  4 11 addition to all of the rights, obligations, and remedies
  4 12 provided, the tax is payable by the purchaser directly to the
  4 13 department, and sections 422.50, 422.51, 422.52, 422.54,
  4 14 422.55, 422.56, 422.57, 422.58, and 422.59 apply to the
  4 15 purchaser.  For failure, the retailer and purchaser are
  4 16 liable, unless the circumstances described in section 421.60,
  4 17 subsection 2, paragraph "m", or section 422.47, subsection 3,
  4 18 paragraph "b" or "e", or subsection 4, paragraph "b" or "d",
  4 19 are applicable.
  4 20    Sec. 9.  Section 422.53, subsection 3, Code Supplement
  4 21 1999, is amended to read as follows:
  4 22    3.  The department shall grant and issue to each applicant
  4 23 a permit for each place of business within the state.  A
  4 24 permit is not assignable and is valid only for the person in
  4 25 whose name it is issued and for the transaction of business at
  4 26 the place designated or a place of relocation within the state
  4 27 if the ownership remains the same.
  4 28    Sec. 10.  Section 422.110, unnumbered paragraph 1, Code
  4 29 Supplement 1999, is amended to read as follows:
  4 30    In lieu of the fuel tax refund provided in section 452A.17,
  4 31 a person or corporation subject to taxation under divisions II
  4 32 or III of this chapter may elect to receive an income tax
  4 33 credit.  The person or corporation which elects to receive an
  4 34 income tax credit shall cancel its refund permit obtained
  4 35 under section 452A.18 within thirty days after the first day
  5  1 of its tax year or the permit becomes invalid at that time.
  5  2 For the purposes of this section, "person" includes a person
  5  3 claiming a tax credit based upon the person's pro rata share
  5  4 of the earnings from a partnership, limited liability company,
  5  5 or corporation which is not subject to a tax under division II
  5  6 or III of this chapter as a partnership, limited liability
  5  7 company, or corporation.  If the election to receive an income
  5  8 tax credit has been made, it remains effective for at least
  5  9 one tax year, and for subsequent tax years unless a change is
  5 10 requested and a new refund permit applied for within thirty
  5 11 days after the first day of the person's or corporation's tax
  5 12 year.  The income tax credit shall be the amount of the Iowa
  5 13 fuel tax paid on fuel purchased by the person or corporation
  5 14 and is subject to the conditions provided in section 452A.17
  5 15 with the exception that the income tax credit is not available
  5 16 for refunds relating to casualty losses, transport diversions,
  5 17 pumping credits, blending errors, idle time, power takeoffs,
  5 18 reefer units, and exports by eligible purchasers distributors.
  5 19    Sec. 11.  Section 422A.1, Code 1999, is amended by adding
  5 20 the following new unnumbered paragraph after unnumbered
  5 21 paragraph 1:
  5 22    NEW UNNUMBERED PARAGRAPH.  Within ten days of the election
  5 23 at which a majority of those voting on the question favors the
  5 24 imposition, repeal, or change in the rate of the hotel and
  5 25 motel tax, the county auditor shall give written notice by
  5 26 sending a copy of the abstract of votes from the favorable
  5 27 election to the director of revenue and finance.
  5 28    Sec. 12.  Section 422B.8, unnumbered paragraph 1, Code
  5 29 Supplement 1999, is amended to read as follows:
  5 30    A local sales and services tax at the rate of not more than
  5 31 one percent may be imposed by a county on the gross receipts
  5 32 taxed by the state under chapter 422, division IV.  A local
  5 33 sales and services tax shall be imposed on the same basis as
  5 34 the state sales and services tax or in the case of the use of
  5 35 natural gas, natural gas service, electricity, or electric
  6  1 service on the same basis as the state use tax and shall not
  6  2 be imposed on the sale of any property or on any service not
  6  3 taxed by the state, except the tax shall not be imposed on the
  6  4 gross receipts from the sale of motor fuel or special fuel as
  6  5 defined in chapter 452A which is consumed for highway use or
  6  6 in watercraft or aircraft if the fuel tax is paid on the
  6  7 transaction and a refund has not or will not be allowed, on
  6  8 the gross receipts from the rental of rooms, apartments, or
  6  9 sleeping quarters which are taxed under chapter 422A during
  6 10 the period the hotel and motel tax is imposed, on the gross
  6 11 receipts from the sale of equipment by the state department of
  6 12 transportation, on the gross receipts from the sale of self-
  6 13 propelled building equipment, pile drivers, motorized
  6 14 scaffolding, or attachments customarily drawn or attached to
  6 15 self-propelled building equipment, pile drivers, and motorized
  6 16 scaffolding, including auxiliary attachments which improve the
  6 17 performance, safety, operation, or efficiency of the equipment
  6 18 and replacement parts and are directly and primarily used by
  6 19 contractors, subcontractors, and builders for new
  6 20 construction, reconstruction, alterations, expansion, or
  6 21 remodeling of real property or structures, and on the gross
  6 22 receipts from the sale of a lottery ticket or share in a
  6 23 lottery game conducted pursuant to chapter 99E and except the
  6 24 tax shall not be imposed on the gross receipts from the sale
  6 25 or use of natural gas, natural gas service, electricity, or
  6 26 electric service in a city or county where the gross receipts
  6 27 from the sale of natural gas or electric energy are subject to
  6 28 a franchise fee or user fee during the period the franchise or
  6 29 user fee is imposed.  A local sales and services tax is
  6 30 applicable to transactions within those incorporated and
  6 31 unincorporated areas of the county where it is imposed and
  6 32 shall be collected by all persons required to collect state
  6 33 gross receipts taxes.  However, a person required to collect
  6 34 state retail sales tax under chapter 422, division IV, is not
  6 35 required to collect local sales and services tax on
  7  1 transactions delivered within the area where the local sales
  7  2 and services tax is imposed unless the person has physical
  7  3 presence in that taxing area.  All cities contiguous to each
  7  4 other shall be treated as part of one incorporated area and
  7  5 the tax would be imposed in each of those contiguous cities
  7  6 only if the majority of those voting in the total area covered
  7  7 by the contiguous cities favor its imposition.
  7  8    Sec. 13.  Section 422E.3, subsection 2, Code Supplement
  7  9 1999, is amended to read as follows:
  7 10    2.  The tax shall be imposed on the same basis as the state
  7 11 sales and services tax or in the case of the use of natural
  7 12 gas, natural gas service, electricity, or electric service on
  7 13 the same basis as the state use tax and shall not be imposed
  7 14 on the sale of any property or on any service not taxed by the
  7 15 state, except the tax shall not be imposed on the gross
  7 16 receipts from the sale of motor fuel or special fuel as
  7 17 defined in chapter 452A which is consumed for highway use or
  7 18 in watercraft or aircraft if the fuel tax is paid on the
  7 19 transaction and a refund has not or will not be allowed, on
  7 20 the gross receipts from the rental of rooms, apartments, or
  7 21 sleeping quarters which are taxed under chapter 422A during
  7 22 the period the hotel and motel tax is imposed, on the gross
  7 23 receipts from the sale of equipment by the state department of
  7 24 transportation, on the gross receipts from the sale of self-
  7 25 propelled building equipment, pile drivers, motorized
  7 26 scaffolding, or attachments customarily drawn or attached to
  7 27 self-propelled building equipment, pile drivers, and motorized
  7 28 scaffolding, including auxiliary attachments which improve the
  7 29 performance, safety, operation, or efficiency of the
  7 30 equipment, and replacement parts and are directly and
  7 31 primarily used by contractors, subcontractors, and builders
  7 32 for new construction, reconstruction, alterations, expansion,
  7 33 or remodeling of real property or structures, and on the gross
  7 34 receipts from the sale of a lottery ticket or share in a
  7 35 lottery game conducted pursuant to chapter 99E and except the
  8  1 tax shall not be imposed on the gross receipts from the sale
  8  2 or use of natural gas, natural gas service, electricity, or
  8  3 electric service in a city or county where the gross receipts
  8  4 from the sale of natural gas or electric energy are subject to
  8  5 a franchise fee or user fee during the period the franchise or
  8  6 user fee is imposed.
  8  7    Sec. 14.  Section 423.4, subsection 9, Code Supplement
  8  8 1999, is amended to read as follows:
  8  9    9.  Vehicles subject to registration which are transferred
  8 10 from a business or individual conducting a business within
  8 11 this state as a sole proprietorship, or partnership, or
  8 12 limited liability company to a corporation formed by the sole
  8 13 proprietorship, or partnership, or limited liability company
  8 14 for the purpose of continuing the business when all of the
  8 15 stock of the corporation so formed is owned by the sole
  8 16 proprietor and the sole proprietor's spouse, or by all the
  8 17 partners in the case of a partnership, or by all of the
  8 18 members in the case of a limited liability company.  This
  8 19 exemption is equally available where the vehicles subject to
  8 20 registration are transferred from a corporation to a sole
  8 21 proprietorship, or partnership, or limited liability company
  8 22 formed by that corporation for the purpose of continuing the
  8 23 business when all of the incidents of ownership are owned by
  8 24 the same person or persons who were stockholders of the
  8 25 corporation.
  8 26    This exemption also applies where the vehicles subject to
  8 27 registration are transferred from a corporation as part of the
  8 28 liquidation of the corporation to its stockholders if within
  8 29 three months of such transfer the stockholders retransfer
  8 30 those vehicles subject to registration to a sole
  8 31 proprietorship, partnership, or limited liability company for
  8 32 the purpose of continuing the business of the corporation when
  8 33 all of the incidents of ownership are owned by the same person
  8 34 or persons who were stockholders of the corporation.
  8 35    Sec. 15.  Section 424.10, subsections 1 and 3, Code
  9  1 Supplement 1999, are amended to read as follows:
  9  2    1.  As soon as practicable after a return is filed and in
  9  3 any event within five three years after the return is filed
  9  4 the department shall examine it, assess and determine the
  9  5 charge due if the return is found to be incorrect, and give
  9  6 notice to the depositor of such the assessment and
  9  7 determination as provided in subsection 2.  The period for the
  9  8 examination and determination of the correct amount of the
  9  9 charge is unlimited in the case of a false or fraudulent
  9 10 return made with the intent to evade the charge or in the case
  9 11 of a failure to file a return.  If the determination that a
  9 12 return is incorrect is the result of an audit of the books and
  9 13 records of the depositor, the charge, or additional charge, if
  9 14 any is found due, shall be assessed and determined and the
  9 15 notice to the depositor shall be given by the department
  9 16 within one year after the completion of the examination of the
  9 17 books and records.
  9 18    3.  If the amount paid is greater than the correct charge,
  9 19 penalty, and interest due, the department shall refund the
  9 20 excess, with interest after sixty days from the date of
  9 21 payment at the rate in effect under section 421.7, pursuant to
  9 22 rules prescribed by the director.  However, the director shall
  9 23 not allow a claim for refund that has not been filed with the
  9 24 department within five three years after the charge payment
  9 25 upon which a refund is claimed became due, or one year after
  9 26 the charge payment was made, whichever time is later.  A
  9 27 determination by the department of the amount of charge,
  9 28 penalty, and interest due, or the amount of refund for any
  9 29 excess amount paid, is final unless the person aggrieved by
  9 30 the determination appeals to the director for a revision of
  9 31 the determination within sixty days from the date of the
  9 32 notice of determination of charge, penalty, and interest due
  9 33 or refund owing.  The director shall grant a hearing, and upon
  9 34 hearing the director shall determine the correct charge,
  9 35 penalty, and interest due or refund owing, and notify the
 10  1 appellant of the decision by mail.  The decision of the
 10  2 director is final unless the appellant seeks judicial review
 10  3 of the director's decision under section 424.13.
 10  4    Sec. 16.  Section 424.10, subsection 2, Code Supplement
 10  5 1999, is amended to read as follows:
 10  6    2.  If a return required by this chapter is not filed, or
 10  7 if a return when filed is incorrect or insufficient and the
 10  8 maker fails to file a corrected or sufficient return within
 10  9 twenty days after the return is required by notice from the
 10 10 department, the department shall determine the amount of
 10 11 charge due from information as the department may be able to
 10 12 obtain and, if necessary, may estimate the charge on the basis
 10 13 of external indices or factors.  The department shall give
 10 14 notice of the determination to the person liable for the
 10 15 charge.  The determination shall fix the charge unless the
 10 16 person against whom it is assessed shall, within sixty days
 10 17 after the date of the notice of the determination, apply to
 10 18 the director for a hearing or unless the taxpayer person
 10 19 against whom it is assessed contests the determination by
 10 20 paying the tax charge, interest, and penalty and timely filing
 10 21 a claim for refund.  At the hearing evidence may be offered to
 10 22 support the determination or to prove that it is incorrect.
 10 23 After the hearing the director shall give notice of the
 10 24 decision to the person liable for the charge.
 10 25    If a depositor's, receiver's, or other person's challenge
 10 26 relates to the diminution rate, the burden of proof upon the
 10 27 challenger shall only be satisfied by clear and convincing
 10 28 evidence.
 10 29    Sec. 17.  Section 424.12, Code 1999, is amended to read as
 10 30 follows:
 10 31    424.12  RECORDS REQUIRED.
 10 32    It shall be is the duty of every depositor required to make
 10 33 a report and pay any charge under this chapter, to preserve
 10 34 such records as the director may require, and it shall be is
 10 35 the duty of every depositor to preserve for a period of five
 11  1 three years all invoices and other records; and all such
 11  2 books, invoices, and other records shall be open to
 11  3 examination at any time by the department, and shall be made
 11  4 available within this state for such examination upon
 11  5 reasonable notice when the director shall so order.  When
 11  6 requested to do so by any person from whom a charge payer is
 11  7 seeking credit, or with whom the charge payer is negotiating
 11  8 the sale of any personal property, or by any other person
 11  9 having a legitimate interest in such information, the
 11 10 director, upon being satisfied that such a situation exists,
 11 11 shall inform such that person as to the amount of unpaid
 11 12 charges due by the charge payer under the provisions of this
 11 13 chapter.  The giving of such information under such
 11 14 circumstances shall not be deemed a violation of section
 11 15 422.72 as applied to this chapter.
 11 16    Section 422.72 applies to this chapter as if the
 11 17 environmental protection charge were a tax.
 11 18    Sec. 18.  Section 424.13, subsection 2, Code 1999, is
 11 19 amended to read as follows:
 11 20    2.  For cause and upon a showing by the director that
 11 21 collection of the tax charge in dispute is in doubt, the court
 11 22 may order the petitioner to file with the clerk a bond for the
 11 23 use of the respondent, with sureties approved by the clerk, in
 11 24 the amount of tax the charge appealed from, conditioned that
 11 25 the petitioner shall perform the orders of the court.
 11 26    Sec. 19.  Section 424.15, unnumbered paragraph 1, Code
 11 27 1999, is amended to read as follows:
 11 28    If it appears that, as a result of mistake, an amount of a
 11 29 charge, penalty, or interest has been paid which was not due
 11 30 under the provisions of this chapter, then such that amount
 11 31 shall be refunded to such person the charge payer by the
 11 32 department.  A claim for refund that has not been filed with
 11 33 the department within five three years after the charge
 11 34 payment upon which a refund is claimed became due, or one year
 11 35 after such that charge payment was made, whichever time is the
 12  1 later, shall not be allowed by the director.
 12  2    Sec. 20.  Section 427.1, subsection 14, unnumbered
 12  3 paragraph 1, Code Supplement 1999, is amended to read as
 12  4 follows:
 12  5    A society or organization claiming an exemption under
 12  6 subsection 5 or subsection 8 shall file with the assessor not
 12  7 later than April 15 February 1 a statement upon forms to be
 12  8 prescribed by the director of revenue and finance, describing
 12  9 the nature of the property upon which the exemption is claimed
 12 10 and setting out in detail any uses and income from the
 12 11 property derived from the rentals, leases, or other uses of
 12 12 the property not solely for the appropriate objects of the
 12 13 society or organization.  Upon the filing and allowance of the
 12 14 claim, the claim shall be allowed on the property for
 12 15 successive years without further filing as long as the
 12 16 property is used for the purposes specified in the original
 12 17 claim for exemption.  When the property is sold or
 12 18 transferred, the county recorder shall provide notice of the
 12 19 transfer to the assessor.  The notice shall describe the
 12 20 property transferred and the name of the person to whom title
 12 21 to the property is transferred.
 12 22    Sec. 21.  Section 427.1, subsection 16, Code Supplement
 12 23 1999, is amended to read as follows:
 12 24    16.  REVOKING OR MODIFYING EXEMPTION.  Any taxpayer or any
 12 25 taxing district may make application to the director of
 12 26 revenue and finance for revocation or modification for any
 12 27 exemption, based upon alleged violations of this chapter.  The
 12 28 director of revenue and finance may also on the director's own
 12 29 motion set aside or modify any exemption which has been
 12 30 granted upon property for which exemption is claimed under
 12 31 this chapter.  The director of revenue and finance shall give
 12 32 notice by mail to the taxpayer or taxing district applicant
 12 33 and to the societies or organizations claiming an exemption
 12 34 upon property, exemption of which is questioned before or by
 12 35 the director of revenue and finance, and shall hold a hearing
 13  1 prior to issuing any order for revocation or modification.  An
 13  2 order made by the director of revenue and finance revoking or
 13  3 modifying an exemption shall be applicable to the tax year
 13  4 commencing with the tax year in which the application is made
 13  5 to the director of revenue and finance or the tax year
 13  6 commencing with the tax year in which the director's own
 13  7 motion is filed.  An order made by the director of revenue and
 13  8 finance revoking or modifying an exemption is subject to
 13  9 judicial review in accordance with chapter 17A, the Iowa
 13 10 administrative procedure Act.  Notwithstanding the terms of
 13 11 that Act, petitions for judicial review may be filed in the
 13 12 district court having jurisdiction in the county in which the
 13 13 property is located, and must be filed within thirty days
 13 14 after any order revoking or modifying an exemption is made by
 13 15 the director of revenue and finance.
 13 16    Sec. 22.  Section 427.1, subsection 20, Code Supplement
 13 17 1999, is amended to read as follows:
 13 18    20.  IMPOUNDMENT STRUCTURES.  The impoundment structure and
 13 19 any land underlying an impoundment located outside an
 13 20 incorporated city, which are not developed or used directly or
 13 21 indirectly for nonagricultural income-producing purposes and
 13 22 which are maintained in a condition satisfactory to the soil
 13 23 and water conservation district commissioners of the county in
 13 24 which the impoundment structure and the impoundment are
 13 25 located.  A person owning land which qualifies for a property
 13 26 tax exemption under this subsection shall apply to the county
 13 27 assessor each year before the first of July not later than
 13 28 February 1 for the exemption.  The application shall be made
 13 29 on forms prescribed by the department of revenue and finance.
 13 30 The first application shall be accompanied by a copy of the
 13 31 water storage permit approved by the administrator of the
 13 32 environmental protection division of the department of natural
 13 33 resources and a copy of the plan for the construction of the
 13 34 impoundment structure and the impoundment.  The construction
 13 35 plan shall be used to determine the total acre-feet of the
 14  1 impoundment and the amount of land which is eligible for the
 14  2 property tax exemption status.  The county assessor shall
 14  3 annually review each application for the property tax
 14  4 exemption under this subsection and submit it, with the
 14  5 recommendation of the soil and water conservation district
 14  6 commissioners, to the board of supervisors for approval or
 14  7 denial.  An applicant for a property tax exemption under this
 14  8 subsection may appeal the decision of the board of supervisors
 14  9 to the district court.
 14 10    PARAGRAPH DIVIDED.  As used in this subsection,
 14 11 "impoundment" means a reservoir or pond which has a storage
 14 12 capacity of at least eighteen acre-feet of water or sediment
 14 13 at the time of construction; "storage capacity" means the
 14 14 total area below the crest elevation of the principal spillway
 14 15 including the volume of any excavation in the area; and
 14 16 "impoundment structure" means a dam, earthfill, or other
 14 17 structure used to create an impoundment.
 14 18    Sec. 23.  Section 427.1, subsection 22, unnumbered
 14 19 paragraph 2, Code Supplement 1999, is amended to read as
 14 20 follows:
 14 21    Application for this exemption shall be filed with the
 14 22 commissioners of the soil and water conservation district in
 14 23 which the property is located, not later than April 15
 14 24 February 1 of the assessment year, on forms provided by the
 14 25 department of revenue and finance.  The application shall
 14 26 describe and locate the property to be exempted and have
 14 27 attached to it an aerial photo of that property on which is
 14 28 outlined the boundaries of the property to be exempted.  In
 14 29 the case of an open prairie which is or includes a gully area
 14 30 susceptible to severe erosion, an approved erosion control
 14 31 plan must accompany the application.  Upon receipt of the
 14 32 application, the commissioners shall certify whether the
 14 33 property is eligible to receive the exemption.  The
 14 34 commissioners shall not withhold certification of the
 14 35 eligibility of property because of the existence upon the
 15  1 property of an abandoned building or structure which is not
 15  2 used for economic gain.  If the commissioners certify that the
 15  3 property is eligible, the application shall be forwarded to
 15  4 the board of supervisors by May 1 of that assessment year with
 15  5 the certification of the eligible acreage.  An application
 15  6 must be accompanied by an affidavit signed by the applicant
 15  7 that if an exemption is granted, the property will not be used
 15  8 for economic gain during the assessment year in which the
 15  9 exemption is granted.
 15 10    Sec. 24.  Section 427.1, subsection 30, Code Supplement
 15 11 1999, is amended to read as follows:
 15 12    30.  MOBILE HOME PARK STORM SHELTER.  A structure
 15 13 constructed as a storm shelter at a mobile home park as
 15 14 defined in section 435.1.  An application for this exemption
 15 15 shall be filed with the assessing authority not later than
 15 16 April fifteenth February 1 of the first year for which the
 15 17 exemption is requested, on forms provided by the department of
 15 18 revenue and finance.  The application shall describe and
 15 19 locate the storm shelter to be exempted.  If the storm shelter
 15 20 structure is used exclusively as a storm shelter, all of the
 15 21 structure's assessed value shall be exempt from taxation.  If
 15 22 the storm shelter structure is not used exclusively as a storm
 15 23 shelter, the storm shelter structure shall be assessed for
 15 24 taxation at seventy-five percent of its value as commercial
 15 25 property.
 15 26    Sec. 25.  Section 427.16, subsection 2, Code 1999, is
 15 27 amended to read as follows:
 15 28    2.  Application for the exemption shall be filed with the
 15 29 assessor, not later than March 1 February 1 of the assessment
 15 30 year, on forms provided by the department of revenue and
 15 31 finance.  The exemption application shall include an approved
 15 32 application for certified substantial rehabilitation from the
 15 33 state historic preservation officer and documentation of
 15 34 additional property tax relief or financial assistance
 15 35 currently allowed for the real property.  Upon receipt of the
 16  1 application, the assessor shall certify whether or not the
 16  2 property is eligible to receive the exemption and shall
 16  3 forward the application to the board.
 16  4    Sec. 26.  Section 427C.3, Code 1999, is amended to read as
 16  5 follows:
 16  6    427C.3  FOREST RESERVATION.
 16  7    A forest reservation shall contain not less than two
 16  8 hundred growing forest trees on each acre.  If the area
 16  9 selected is a forest containing the required number of growing
 16 10 forest trees, it shall be accepted as a forest reservation
 16 11 under this chapter provided application is made or on file on
 16 12 or before April 15 February 1 of the exemption year.  If any
 16 13 buildings are standing on an area selected as a forest
 16 14 reservation under this section or a fruit-tree reservation
 16 15 under section 427C.7 one acre of that area shall be excluded
 16 16 from the tax exemption.  However, the exclusion of that acre
 16 17 shall not affect the area's meeting the acreage requirement of
 16 18 section 427C.2.
 16 19    Sec. 27.  Section 427C.7, Code 1999, is amended to read as
 16 20 follows:
 16 21    427C.7  FRUIT-TREE RESERVATION – DURATION OF EXEMPTION.
 16 22    A fruit-tree reservation shall contain on each acre, at
 16 23 least forty apple trees, or seventy other fruit trees, growing
 16 24 under proper care and annually pruned and sprayed.  A
 16 25 reservation may be claimed as a fruit-tree reservation, under
 16 26 this chapter, for a period of eight years after planting
 16 27 provided application is made or on file on or before April 15
 16 28 February 1 of the exemption year.
 16 29    Sec. 28.  Section 428A.8, Code 1999, is amended by adding
 16 30 the following new unnumbered paragraph:
 16 31    NEW UNNUMBERED PARAGRAPH.  Any tax or additional tax found
 16 32 to be due shall be collected by the county recorder.  If the
 16 33 county recorder is unable to collect the tax, it will be
 16 34 collected by the director of revenue and finance in the same
 16 35 manner as taxes are collected in chapter 422, division III.
 17  1 If collected by the director of revenue and finance, the
 17  2 director shall pay the county its proportionate share of the
 17  3 tax.  Section 422.25, subsections 1, 2, 3, and 4, sections
 17  4 422.26, 422.28 to 422.30, and 422.73, consistent with this
 17  5 chapter, apply with respect to the collection of any tax or
 17  6 additional tax found to be due, in the same manner and with
 17  7 the same effect as if the deed, instrument, or writing were an
 17  8 income tax return within the meaning of those statutes.
 17  9    Sec. 29.  Section 450.4, subsection 5, Code 1999, is
 17 10 amended to read as follows:
 17 11    5.  On the value of that portion of any lump sum or
 17 12 installment payments which will be includable as net income as
 17 13 defined in section 422.7 as received by a beneficiary under an
 17 14 annuity which was purchased under an employees pension or
 17 15 retirement plan.
 17 16    Sec. 30.  Section 450.4, Code 1999, is amended by adding
 17 17 the following new subsections:
 17 18    NEW SUBSECTION.  7.  The value of that portion of any lump
 17 19 sum or installment payments which are received by a
 17 20 beneficiary under an annuity which was purchased under an
 17 21 employee's pension or retirement plan where the employee is a
 17 22 nonresident of Iowa at the time of death.
 17 23    NEW SUBSECTION.  8.  The value of that portion of any lump
 17 24 sum or installment payments which are received by a
 17 25 beneficiary under an annuity which was purchased under an
 17 26 employee's pension or retirement plan which was excluded from
 17 27 net income as set forth in section 422.7, subsection 31.
 17 28    Sec. 31.  Section 450.10, subsection 4, Code 1999, is
 17 29 amended to read as follows:
 17 30    4.  When the property or any interest therein in property
 17 31 or income therefrom from property, taxable under the
 17 32 provisions of this chapter, passes to any firm, corporation,
 17 33 or society organized for profit either under the laws of this
 17 34 state or of any other state, territory, province or country,
 17 35 including fraternal and social organizations which do not
 18  1 qualify for exemption under sections 170(c) and 2055 of the
 18  2 Internal Revenue Code, the rate of tax imposed shall be as
 18  3 follows:
 18  4    Fifteen percent on the entire amount so passing.
 18  5    Sec. 32.  Section 452A.2, Code Supplement 1999, is amended
 18  6 by adding the following new subsections:
 18  7    NEW SUBSECTION.  4A.  "Denatured ethanol" means ethanol
 18  8 that is to be blended with gasoline, has been derived from
 18  9 cereal grains, complies with American society of testing
 18 10 materials designation D-4806-95b, and may be denatured only as
 18 11 specified in Code of Federal Regulations, Titles 20, 21, and
 18 12 27.  Alcohol and denatured ethanol have the same meaning in
 18 13 this chapter.
 18 14    NEW SUBSECTION.  18A.  "Racing fuel" means leaded gasoline
 18 15 of one hundred ten octane or more that does not meet American
 18 16 society of testing materials designation D-4814 for gasoline
 18 17 and is sold in bulk for use in nonregistered motor vehicles.
 18 18    Sec. 33.  Section 452A.2, subsection 17, paragraph a, Code
 18 19 Supplement 1999, is amended to read as follows:
 18 20    a.  All products commonly or commercially known or sold as
 18 21 gasoline, including ethanol blended gasoline, casinghead, and
 18 22 absorption or natural gasoline, regardless of their
 18 23 classifications or uses, and including transmix which serves
 18 24 as a buffer between fuel products in the pipeline distribution
 18 25 process.
 18 26    Sec. 34.  Section 452A.3, subsection 5, paragraph a, Code
 18 27 Supplement 1999, is amended by adding the following new
 18 28 unnumbered paragraph:
 18 29    NEW UNNUMBERED PARAGRAPH.  Tax shall not be paid when the
 18 30 sale of alcohol occurs within a terminal from an alcohol
 18 31 manufacturer to an Iowa licensed supplier.  The tax shall be
 18 32 paid by the Iowa licensed supplier when the invoiced gross
 18 33 gallonage of the alcohol or the alcohol part of ethanol
 18 34 blended gasoline is withdrawn from a terminal for delivery in
 18 35 this state.
 19  1    Sec. 35.  Section 452A.17, subsection 1, paragraph a, Code
 19  2 Supplement 1999, is amended by adding the following new
 19  3 subparagraph:
 19  4    NEW SUBPARAGRAPH.  (10)  Racing fuel.
 19  5    Sec. 36.  Section 453A.1, subsection 26, Code 1999, is
 19  6 amended to read as follows:
 19  7    26.  "Tobacco products" means cigars; little cigars as
 19  8 defined in section 453A.42, subsection 5; cheroots; stogies;
 19  9 periques; granulated; plug cut, crimp cut, ready rubbed, and
 19 10 other smoking tobacco; moist snuff as defined in section
 19 11 453A.42; snuff, snuff flour; cavendish; plug and twist
 19 12 tobacco; fine-cut and other chewing tobaccos; shorts; or
 19 13 refuse scraps, clippings, cuttings and sweepings of tobacco,
 19 14 and other kinds and forms of tobacco, prepared in such manner
 19 15 as to be suitable for chewing or smoking in a pipe or
 19 16 otherwise, or both for chewing and smoking; but does not mean
 19 17 cigarettes.
 19 18    Sec. 37.  Section 453A.2, subsection 3, Code 1999, is
 19 19 amended to read as follows:
 19 20    3.  The Iowa department of public health, a county health
 19 21 department, a city health department, or a city may directly
 19 22 enforce this section in district court and initiate
 19 23 proceedings pursuant to section 453A.22 before a permit-
 19 24 issuing authority which issued the permit against a permit
 19 25 holder violating this section.
 19 26    Sec. 38.  Section 453A.42, Code 1999, is amended by adding
 19 27 the following new subsection:
 19 28    NEW SUBSECTION.  6A.  "Moist snuff" means any finely cut,
 19 29 ground, or powdered tobacco intended to be placed in the oral
 19 30 cavity, except dry snuff.
 19 31    Sec. 39.  Section 453A.42, subsection 14, Code 1999, is
 19 32 amended to read as follows:
 19 33    14.  "Tobacco products" means cigars; little cigars as
 19 34 defined herein; cheroots; stogies; periques; granulated, plug
 19 35 cut, crimp cut, ready rubbed, and other smoking tobacco; moist
 20  1 snuff; snuff; snuff flour; cavendish; plug and twist tobacco;
 20  2 fine-cut and other chewing tobaccos; shorts; refuse scraps,
 20  3 clippings, cuttings and sweepings to tobacco, and other kinds
 20  4 and forms of tobacco, prepared in such manner as to be
 20  5 suitable for chewing or smoking in a pipe or otherwise, or
 20  6 both for chewing and smoking; but shall not include cigarettes
 20  7 as defined in section 453A.1, subsection 3.
 20  8    Sec. 40.  Section 453A.43, subsection 1, unnumbered
 20  9 paragraph 1, Code 1999, is amended to read as follows:
 20 10    A tax is imposed upon all tobacco products in this state
 20 11 and upon any person engaged in business as a distributor of
 20 12 tobacco products, at the rate of twenty-two percent of the
 20 13 wholesale sales price of the tobacco products, except little
 20 14 cigars as defined in section 453A.42 and moist snuff.  Little
 20 15 cigars shall be subject to the same rate of tax imposed upon
 20 16 cigarettes in section 453A.6, payable at the time and in the
 20 17 manner provided in section 453A.6; and stamps shall be affixed
 20 18 as provided in division I of this chapter.  Moist snuff shall
 20 19 be subject to tax as provided in subsection 2A.  The tax on
 20 20 tobacco products, excluding little cigars and moist snuff,
 20 21 shall be imposed at the time the distributor does any of the
 20 22 following:
 20 23    Sec. 41.  Section 453A.43, subsection 2, unnumbered
 20 24 paragraph 1, Code 1999, is amended to read as follows:
 20 25    A tax is imposed upon the use or storage by consumers of
 20 26 tobacco products, except moist snuff, in this state, and upon
 20 27 the consumers, at the rate of twenty-two percent of the cost
 20 28 of the tobacco products.
 20 29    Sec. 42.  Section 453A.43, Code 1999, is amended by adding
 20 30 the following new subsection:
 20 31    NEW SUBSECTION.  2A.  a.  A tax is imposed upon moist snuff
 20 32 in this state and upon any person engaged in business as a
 20 33 distributor of moist snuff, at the rate of forty-two cents per
 20 34 ounce and a proportionate amount at the same rate for
 20 35 fractional parts of an ounce of moist snuff.  The tax on moist
 21  1 snuff shall be imposed at the time the distributor does any of
 21  2 the following:
 21  3    (1)  Brings, or causes to be brought, into this state from
 21  4 without the state moist snuff for sale.
 21  5    (2)  Makes, manufactures, or fabricates moist snuff in this
 21  6 state for sale in this state.
 21  7    (3)  Ships or transports moist snuff to retailers in this
 21  8 state, to be sold by those retailers.
 21  9    b.  A tax is imposed upon the use or storage by consumers
 21 10 of moist snuff in this state, and upon the consumers, at the
 21 11 rate of forty-two cents per ounce and a proportionate amount
 21 12 at the same rate for fractional parts of an ounce of moist
 21 13 snuff.
 21 14    The tax imposed by this paragraph shall not apply if the
 21 15 tax imposed by paragraph "a" on the moist snuff has been paid.
 21 16    This tax shall not apply to the use or storage of moist
 21 17 snuff in quantities of less than ten ounces.
 21 18    Sec. 43.  Section 453A.45, subsection 5, paragraph a, Code
 21 19 Supplement 1999, is amended to read as follows:
 21 20    a.  The transportation of not more than fifty cigars, not
 21 21 more than ten ounces of moist snuff, snuff, or snuff powder,
 21 22 or not more than one pound of smoking or chewing tobacco or
 21 23 other tobacco products not specifically mentioned herein;.
 21 24    Sec. 44.  INVENTORY TAX.
 21 25    1.  All persons required to be licensed under section
 21 26 453A.44 as distributors having in their possession and held
 21 27 for resale on December 31, 2000, moist snuff upon which the
 21 28 tax under section 453A.43 has been paid shall be subject to an
 21 29 inventory tax on moist snuff as provided in this section.
 21 30    2.  Persons subject to the inventory tax imposed under this
 21 31 section shall take an inventory as of the close of the
 21 32 business day on December 31, 2000, of the amount, by weight,
 21 33 of the moist snuff subject to the inventory tax for the
 21 34 purpose of determining the tax due.  These persons shall
 21 35 report the tax on forms provided by the department of revenue
 22  1 and finance and remit the tax due within thirty days of the
 22  2 prescribed inventory date.  The department of revenue and
 22  3 finance shall adopt rules as are necessary to carry out this
 22  4 section.
 22  5    3.  The rate of the inventory tax on each ounce or fraction
 22  6 of an ounce of moist snuff subject to the tax as specified in
 22  7 subsection 1 is equal to the difference between the amount
 22  8 paid on moist snuff under section 453A.43 computed to a rate
 22  9 per ounce prior to January 1, 2001, and the amount that is to
 22 10 be paid on each ounce or fraction of an ounce of moist snuff
 22 11 under section 453A.43 on or after January 1, 2001.  However,
 22 12 if the total amount of tax paid on the moist snuff prior to
 22 13 January 1, 2001, exceeds the amount that is imposed on the
 22 14 moist snuff on or after January 1, 2001, the distributor is
 22 15 entitled to a refund of the excess.
 22 16    Sec. 45.  EFFECTIVE AND APPLICABILITY DATES.  This Act,
 22 17 being deemed of immediate importance, takes effect upon
 22 18 enactment, except as follows:
 22 19    1.  Sections 15, 17, 19, 20, 22, 23, 24, 25, 26, and 27 of
 22 20 this Act, amending Code sections 424.10, 424.12, 424.15,
 22 21 427.1, 427.16, 427C.3, and 427C.7, take effect January 1,
 22 22 2001, and apply to claims filed on or after that date.
 22 23    2.  Sections 29, 30, and 31 of this Act, amending Code
 22 24 sections 450.4 and 450.10, take effect July 1, 2000, for
 22 25 estates of decedents dying on or after that date.
 22 26    3.  Section 36 and sections 38 through 43 of this Act,
 22 27 amending Code sections 453A.1, 453A.42, 453A.43, and 453A.45,
 22 28 take effect January 1, 2001.  
 22 29                           EXPLANATION
 22 30    This bill amends various tax provisions of state law.
 22 31    Code section 15.331A is amended to allow a business which
 22 32 is eligible to receive benefits under the new jobs and income
 22 33 Act to file a claim for refund of sales and use tax paid by
 22 34 the contractor under a building contract within one year of
 22 35 the project's completion rather than the six months previously
 23  1 allowed.
 23  2    Code section 404.4 is amended to specify that the length of
 23  3 time over which an urban revitalization property tax exemption
 23  4 may be allowed in situations where a timely application for
 23  5 exemption was not filed is equal to the number of remaining
 23  6 years left in the exemption schedule selected.
 23  7    Code section 421.17, subsection 16, is amended to expand
 23  8 the scope of the technical advice received from other state
 23  9 agencies to include that related to all taxes administered by
 23 10 the department rather than just property taxes.
 23 11    A new Code section 421.46 is added which authorizes the
 23 12 department of revenue and finance to enter into agreements
 23 13 with an Indian tribe to collect and distribute a state tax or
 23 14 a tribal tax.  The new provision further provides that if the
 23 15 department collects and distributes a tribal tax on behalf of
 23 16 the Indian tribe, the department may charge a mutually agreed
 23 17 upon administrative fee.
 23 18    Code section 421.60, subsection 2, is amended to extend the
 23 19 director of revenue and finance's authority to abate unpaid
 23 20 state sales and use taxes and local option sales and services
 23 21 taxes to situations in which a retailer who is responsible for
 23 22 collecting these taxes fails to do so in reliance on erroneous
 23 23 written advice specially issued to the retailer by the
 23 24 department of revenue and finance, and the retailer is unable
 23 25 to collect the unpaid taxes from purchasers.  Subsequent
 23 26 written advice sent by the department of revenue and finance
 23 27 to the retailer, or a change in state or federal law, a
 23 28 reported contrary court case, a contrary rule adopted by the
 23 29 department, or the retailer's misrepresentation shall preclude
 23 30 the abatement.  An abatement of the unpaid tax by a retailer
 23 31 under the circumstances provided in the bill does not preclude
 23 32 the department of revenue and finance from collecting the tax
 23 33 from the purchaser.
 23 34    The new provision also requires the abatement of taxes not
 23 35 collected as a result of certain erroneous written advice
 24  1 issued by the department to a retailer prior to July 1, 1999,
 24  2 relating to sales and use taxes on charges for access to on-
 24  3 line computer services.
 24  4    Code section 422.45, subsection 56, expands the computer
 24  5 access exemption from sales and use taxes.  The present
 24  6 exemption only applies to access to the internet.  The
 24  7 amendment would include other information made available
 24  8 through any computer server.
 24  9    Code section 422.47 is amended to delete subsection 2,
 24 10 which is obsolete as the provision applies to the refund of
 24 11 the excess tax paid on a construction contract fully executed
 24 12 prior to July 1, 1992, when the sales tax rate was increased
 24 13 from four cents to five cents.
 24 14    Code section 422.52 is amended to conform to the amendment
 24 15 in the bill to Code section 421.60.
 24 16    Code section 422.53, subsection 3, is amended to allow a
 24 17 sales tax permit holder to keep the same permit when the
 24 18 business is relocated in the state if the ownership remains
 24 19 the same.
 24 20    Code section 422.110 is amended to replace the words
 24 21 "eligible purchasers" with the word "distributors" to reflect
 24 22 more accurate terminology as defined in Code chapter 452A.
 24 23    Code section 422A.1 is amended to impose a duty upon the
 24 24 county auditor to notify, within 10 days, the director of
 24 25 revenue and finance of the outcome of the election favoring
 24 26 the imposition, repeal, or rate change of the local hotel and
 24 27 motel tax.
 24 28    Code sections 422B.8 and 422E.3 are amended to impose local
 24 29 options sales and services tax only on motor fuels and special
 24 30 fuels in which tax pursuant to Code chapter 452A has not been
 24 31 imposed and, if paid, has not nor cannot be refunded.
 24 32    Code section 423.4, subsection 9, is amended to add limited
 24 33 liability companies to the list of businesses that are exempt
 24 34 from the use tax for the transfer of vehicles subject to
 24 35 registration between businesses where the purpose of the
 25  1 transfer is to continue the business.  The exemption is also
 25  2 made to apply to such transfer made by a corporation as part
 25  3 of its liquidation to its shareholders if the shareholders
 25  4 retransfer the vehicles to another business owned by them for
 25  5 the purpose of continuing the business of the corporation.
 25  6    Code section 424.10 and Code section 424.15 are amended to
 25  7 reduce the period for assessing the environmental protection
 25  8 charge or for filing a claim for refund of an environmental
 25  9 protection charge paid from five to three years.  This
 25 10 promotes consistency by bringing those periods into harmony
 25 11 with the time allowed for assessing or filing a claim for
 25 12 refund of sales or use tax paid.
 25 13    Code section 424.10, subsection 2, and Code section 424.13
 25 14 are amended to replace the word "tax" with the word "charge".
 25 15 Code section 424.3 imposes a "petroleum diminution charge" and
 25 16 not a "petroleum diminution tax".  Code section 424.10,
 25 17 subsection 2, is also amended to change the reference to
 25 18 "taxpayer" to "person against whom (a charge) is assessed".
 25 19    Code section 424.12 is amended to reduce the requirement
 25 20 that depositors of underground petroleum must keep records
 25 21 from a period of five years to a period of three years for
 25 22 purposes of the environmental protection charge.
 25 23    Code sections 427.1, subsection 14, 427.1, subsection 20,
 25 24 427.1, subsection 22, 427.1, subsection 30, 427.16, subsection
 25 25 2, 427C.3, and 427C.7 are amended to change the dates for
 25 26 filing claims for various property tax exemptions to February
 25 27 1 for purposes of uniformity.
 25 28    Code section 427.1, subsection 16, is amended to specify
 25 29 the effective date of the order when the director revokes or
 25 30 modifies a property tax exemption for a specific year either
 25 31 on the director's own motion or upon application by a
 25 32 taxpayer.
 25 33    Code section 428A.8 is amended to provide that any
 25 34 additional tax owed that cannot be collected by the local
 25 35 county recorder will be collected by the department in the
 26  1 same manner as individual income tax.  This amendment is
 26  2 necessary because there is no provision in Code chapter 428A
 26  3 to collect unpaid real estate transfer taxes.  If the tax is
 26  4 collected by the department, the county is to be paid its
 26  5 proportionate share of the tax.
 26  6    Code section 450.4, subsection 5, is amended to allow
 26  7 distributions to beneficiaries to be exempt from Iowa
 26  8 inheritance tax whether such distributions are lump sum in
 26  9 nature or in the form of installments.  Installment payments
 26 10 are currently exempt from tax.  Code section 450.4 is also
 26 11 amended to provide for the exemption from Iowa inheritance tax
 26 12 of distributions from nonresident employment-related pensions
 26 13 and pension income excluded from net income under Code section
 26 14 422.7, subsection 31.  This amendment relates to Code section
 26 15 422.7, subsection 31, and Code section 422.8, which exempt
 26 16 such distributions from Iowa income tax.
 26 17    Code section 450.10 is amended to remove outdated
 26 18 reciprocity language and to include additional language to
 26 19 specify the tax treatment of fraternal and social
 26 20 organizations.
 26 21    Code section 452A.2 is amended to add definitions for
 26 22 "denatured alcohol" and "racing fuel".
 26 23    Code section 452A.2, subsection 17, paragraph "a", is
 26 24 amended to redefine "motor fuel" to include ethanol blended
 26 25 gasoline.
 26 26    Code section 452A.3, subsection 5, paragraph "a", is
 26 27 amended to provide that the tax on alcohol be paid when it is
 26 28 withdrawn from the terminal rather than when it is sold within
 26 29 the terminal as is the case under present law.
 26 30    Code section 452A.17, subsection 1, paragraph "a", is
 26 31 amended to permit a refund of tax paid on fuel used for
 26 32 racing.  This change is being made to conform with federal
 26 33 regulations.
 26 34    Code sections 453A.1, 453A.42, 453A.43, and 453A.45, are
 26 35 amended to provide for moist snuff to be taxed on a per ounce
 27  1 basis similar to the federal method of taxation.  An inventory
 27  2 tax on moist snuff is also imposed.
 27  3    Code section 453A.2, subsection 3, is amended to specify
 27  4 that an appeal of a cigarette permit suspension or revocation
 27  5 must be made to the authority that issued the permit.  Cities
 27  6 and counties issue permits to retail establishments in their
 27  7 jurisdictions and the department of revenue and finance issues
 27  8 distributor, manufacturer, wholesaler, and vendor permits.
 27  9    The bill takes effect upon enactment and some provisions
 27 10 have different effective and applicability dates.  
 27 11 LSB 6959HV 78
 27 12 mg/gg/8
     

Text: HF02547                           Text: HF02549
Text: HF02500 - HF02599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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