Text: HSB00779 Text: HSB00781 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 422.43, subsection 1, Code Supplement
1 2 1999, is amended by adding the following new unnumbered
1 3 paragraph:
1 4 NEW UNNUMBERED PARAGRAPH. For purposes of this division, a
1 5 sale of tangible personal property does not occur if the
1 6 substance of the transaction is delivered to the purchaser
1 7 digitally, electronically, or utilizing cable, or by radio
1 8 waves, microwaves, satellites, or fiber optics.
1 9 Sec. 2. Section 422.45, Code Supplement 1999, is amended
1 10 by adding the following new subsection:
1 11 NEW SUBSECTION. 57. The gross receipts from the
1 12 performing, rendering, furnishing, sale, or rental of
1 13 information services, including data processing services,
1 14 regardless of how the resultant information is stored or
1 15 transferred from seller to buyer if the resultant information
1 16 is accumulated, prepared, or organized for the buyer.
1 17 Information accumulated, prepared, or organized for a buyer is
1 18 an information service even though it may incorporate
1 19 preexisting components of data or other information.
1 20 Information services exempt under this subsection include, but
1 21 are not limited to, the accumulation, preparation, or
1 22 organization of database files, mailing lists, subscription
1 23 files, market research, credit reports, and surveys.
1 24 Sec. 3. Section 423.1, subsection 12, Code Supplement
1 25 1999, is amended by adding the following new unnumbered
1 26 paragraph:
1 27 NEW UNNUMBERED PARAGRAPH. "Tangible personal property"
1 28 does not include the substance of a transaction that is
1 29 delivered to the purchaser digitally, electronically, or
1 30 utilizing cable, or by radio waves, microwaves, satellites, or
1 31 fiber optics.
1 32 Sec. 4. REFUNDS. Refunds of taxes, interest, or penalties
1 33 which arise from claims resulting from the enactment of
1 34 section 422.45, subsection 57, in this Act, for sales,
1 35 rentals, or services occurring between March 15, 1995, and the
2 1 effective date of this Act, shall be limited to twenty-five
2 2 thousand dollars in the aggregate and shall not be allowed
2 3 unless refund claims are filed prior to October 1, 2000,
2 4 notwithstanding any other provision of law. If the amount of
2 5 claims totals more than twenty-five thousand dollars in the
2 6 aggregate, the department of revenue and finance shall prorate
2 7 the twenty-five thousand dollars among all claimants in
2 8 relation to the amounts of the claimants' valid claims.
2 9 Sec. 5. EFFECTIVE DATE AND RETROACTIVE APPLICABILITY
2 10 PROVISION. This Act, being deemed of immediate importance,
2 11 takes effect upon enactment and applies retroactively to March
2 12 15, 1995.
2 13 EXPLANATION
2 14 This bill provides that a sale of tangible personal
2 15 property does not occur for purposes of the sales and use
2 16 taxes if the substance of the transaction is delivered to the
2 17 purchaser digitally, electronically, or utilizing cable, or by
2 18 radio waves, microwaves, satellites, or fiber optics.
2 19 The bill also exempts from the sales and use taxes the
2 20 furnishing, sale, or rental of information or data processing
2 21 services regardless of how the resultant information is
2 22 transferred. Information which is accumulated, prepared, or
2 23 organized for a buyer is an information service. Information
2 24 services include but are not limited to the accumulation,
2 25 preparation, or organization of database files, mailing lists,
2 26 subscription lists, market research, credit reports, and
2 27 surveys.
2 28 The bill takes effect upon enactment and applies
2 29 retroactively to March 15, 1995. As a result of the
2 30 retroactivity of the exemption, refunds are provided for but
2 31 are limited to $25,000 in the aggregate.
2 32 LSB 7226HC 78
2 33 mg/cf/24
Text: HSB00779 Text: HSB00781 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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