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1 30 This subsection is repealed December 31, 2002.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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