Text: HF02561 Text: HF02563 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 421.17, Code Supplement 1999, is 1 2 amended by adding the following new subsection: 1 3 NEW SUBSECTION. 22B. Enter into agreements or compacts 1 4 with remote sellers, retailers, or third-party providers for 1 5 the voluntary collection of Iowa sales or use taxes 1 6 attributable to sales into Iowa and to enter into multistate 1 7 agreements or compacts that provide for the voluntary 1 8 collection of sales and use taxes. The agreements or compacts 1 9 shall generally conform to the provisions of Iowa sales and 1 10 use tax statutes. All fees for services, reimbursements, 1 11 remuneration, incentives, and costs incurred by the department 1 12 associated with these agreements or compacts may be paid or 1 13 reimbursed from the additional revenue generated. An amount 1 14 is appropriated from amounts generated to pay or reimburse all 1 15 costs associated with this subsection. Persons entering into 1 16 an agreement or compact with the department pursuant to this 1 17 subsection are subject to the requirements and penalties of 1 18 the confidentiality laws of this state regarding tax 1 19 information. Notwithstanding any other provisions of law, the 1 20 contract, agreement, or compact shall provide for the 1 21 registration, collection, report, and verification of amounts 1 22 subject to this subsection. 1 23 Sec. 2. Section 422.43, Code Supplement 1999, is amended 1 24 by adding the following new subsection: 1 25 NEW SUBSECTION. 15. For purposes of this division, a sale 1 26 of tangible personal property does not occur if the substance 1 27 of the transaction is delivered to the purchaser digitally, 1 28 electronically, or utilizing cable, or by radio waves, 1 29 microwaves, satellites, or fiber optics. 1 30 This subsection is repealed December 31, 2002. 1 31 Sec. 3. Section 422.45, Code Supplement 1999, is amended 1 32 by adding the following new subsection: 1 33 NEW SUBSECTION. 57. The gross receipts from the services 1 34 rendered, furnished, or performed of the sale or rental of 1 35 information services. "Information services" means every 2 1 business activity, process, or function by which a seller or 2 2 its agent accumulates, prepares, organizes, or conveys data, 2 3 facts, knowledge, procedures, and like services to a buyer or 2 4 its agent of such information through any tangible or 2 5 intangible medium. Information accumulated, prepared, or 2 6 organized for a buyer or its agent is an information service 2 7 even though it may incorporate preexisting components of data 2 8 or other information. Information services include, but are 2 9 not limited to, database files, mailing lists, subscription 2 10 files, market research, credit reports, surveys, real estate 2 11 listings, bond rating reports, abstracts of title, bad check 2 12 lists, broadcasting rating services, wire services, and 2 13 scouting reports, or other similar items. 2 14 Sec. 4. Section 423.1, Code Supplement 1999, is amended by 2 15 adding the following new subsection: 2 16 NEW SUBSECTION. 12A. "Tangible personal property" does 2 17 not include the substance of a transaction that is delivered 2 18 to the purchaser digitally, electronically, or utilizing 2 19 cable, or by radio waves, microwaves, satellites, or fiber 2 20 optics. 2 21 This subsection is repealed December 31, 2002. 2 22 Sec. 5. 2 23 1. The legislative council is requested to establish an e- 2 24 commerce task force to study the issues e-commerce has 2 25 generated under the state sales and use taxes, including the 2 26 status as tangible or intangible property of the substance of 2 27 transactions that are delivered digitally, 2 28 electromagnetically, or through or by means of cable, 2 29 satellites, or fiber optics, and vendor discounts. 2 30 2. The members of the task force should be selected by the 2 31 legislative council from names submitted to the legislative 2 32 council by July 1, 2000. The membership shall consist of at 2 33 least the following: 2 34 a. Two members from the department of revenue and finance. 2 35 b. One member representing business taxpayers. 3 1 c. One member representing the retailer community as a 3 2 whole. 3 3 d. One member who is employed by a large state or national 3 4 retailer. 3 5 e. One member who is employed by a small main street 3 6 retailer. 3 7 f. One member familiar with the e-commerce industry. 3 8 g. One member who is an economist familiar with e-commerce 3 9 issues. 3 10 h. One member who is a representative of local 3 11 governments. 3 12 i. One member representing the taxpayers as a whole. 3 13 j. Four members who are members of the general assembly, 3 14 two who are senators and two who are representatives appointed 3 15 by the legislative council with a senator and representative 3 16 representing the majority party and a senator and 3 17 representative representing the minority party. 3 18 Alternative members may be appointed for the nonlegislative 3 19 members. 3 20 3. The task force shall provide the general assembly with 3 21 a preliminary report by January 1, 2001. The final report 3 22 with the task force's findings and recommendations is due by 3 23 January 1, 2002. 3 24 Sec. 6. REFUNDS. Refunds of taxes, interest, or penalties 3 25 which arise from claims resulting from the enactment of 3 26 section 422.45, subsection 57, in this Act, for sales, 3 27 rentals, or services occurring between March 15, 1995, and the 3 28 effective date of this Act, shall be limited to twenty-five 3 29 thousand dollars in the aggregate and shall not be allowed 3 30 unless refund claims are filed prior to October 1, 2000, 3 31 notwithstanding any other provision of law. If the amount of 3 32 claims totals more than twenty-five thousand dollars in the 3 33 aggregate, the department of revenue and finance shall prorate 3 34 the twenty-five thousand dollars among all claimants in 3 35 relation to the amounts of the claimants' valid claims. 4 1 Sec. 7. EFFECTIVE DATE AND RETROACTIVE APPLICABILITY 4 2 PROVISION. This Act, being deemed of immediate importance, 4 3 takes effect upon enactment and applies retroactively to March 4 4 15, 1995. 4 5 HF 2562 4 6 mg/jg/25
Text: HF02561 Text: HF02563 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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