Text: SSB03223 Text: SSB03225 Text: SSB03200 - SSB03299 Text: SSB 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 7226SC 78 2 33 mg/cf/24
Text: SSB03223 Text: SSB03225 Text: SSB03200 - SSB03299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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