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House File 2562

Partial Bill History

Bill Text

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  1 30    This subsection is repealed December 31, 2002.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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