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Senate Study Bill 3236

Bill Text

PAG LIN
  1  1    Section 1.  Section 422.110, unnumbered paragraph 1, Code
  1  2 Supplement 1999, is amended to read as follows:
  1  3    In lieu of the fuel tax refund provided in section 452A.17,
  1  4 a person or corporation subject to taxation under divisions II
  1  5 or III of this chapter may elect to receive an income tax
  1  6 credit.  The person or corporation which elects to receive an
  1  7 income tax credit shall cancel its refund permit obtained
  1  8 under section 452A.18 within thirty days after the first day
  1  9 of its tax year or the permit becomes invalid at that time.
  1 10 For the purposes of this section, "person" includes a person
  1 11 claiming a tax credit based upon the person's pro rata share
  1 12 of the earnings from a partnership, limited liability company,
  1 13 or corporation which is not subject to a tax under division II
  1 14 or III of this chapter as a partnership, limited liability
  1 15 company, or corporation.  If the election to receive an income
  1 16 tax credit has been made, it remains effective for at least
  1 17 one tax year, and for subsequent tax years unless a change is
  1 18 requested and a new refund permit applied for within thirty
  1 19 days after the first day of the person's or corporation's tax
  1 20 year.  The income tax credit shall be the amount of the Iowa
  1 21 fuel tax paid on fuel purchased by the person or corporation
  1 22 and is subject to the conditions provided in section 452A.17
  1 23 with the exception that the income tax credit is not available
  1 24 for refunds relating to casualty losses, transport diversions,
  1 25 pumping credits, blending errors, idle time, power takeoffs,
  1 26 reefer units, and exports by eligible purchasers distributors.
  1 27    Sec. 2.  Section 422B.8, unnumbered paragraph 1, Code
  1 28 Supplement 1999, is amended to read as follows:
  1 29    A local sales and services tax at the rate of not more than
  1 30 one percent may be imposed by a county on the gross receipts
  1 31 taxed by the state under chapter 422, division IV.  A local
  1 32 sales and services tax shall be imposed on the same basis as
  1 33 the state sales and services tax or in the case of the use of
  1 34 natural gas, natural gas service, electricity, or electric
  1 35 service on the same basis as the state use tax and shall not
  2  1 be imposed on the sale of any property or on any service not
  2  2 taxed by the state, except the tax shall not be imposed on the
  2  3 gross receipts from the sale of motor fuel or special fuel as
  2  4 defined in chapter 452A which is consumed for highway use or
  2  5 in watercraft or aircraft if the fuel tax is paid on the
  2  6 transaction and a refund has not or will not be allowed, on
  2  7 the gross receipts from the rental of rooms, apartments, or
  2  8 sleeping quarters which are taxed under chapter 422A during
  2  9 the period the hotel and motel tax is imposed, on the gross
  2 10 receipts from the sale of equipment by the state department of
  2 11 transportation, on the gross receipts from the sale of self-
  2 12 propelled building equipment, pile drivers, motorized
  2 13 scaffolding, or attachments customarily drawn or attached to
  2 14 self-propelled building equipment, pile drivers, and motorized
  2 15 scaffolding, including auxiliary attachments which improve the
  2 16 performance, safety, operation, or efficiency of the equipment
  2 17 and replacement parts and are directly and primarily used by
  2 18 contractors, subcontractors, and builders for new
  2 19 construction, reconstruction, alterations, expansion, or
  2 20 remodeling of real property or structures, and on the gross
  2 21 receipts from the sale of a lottery ticket or share in a
  2 22 lottery game conducted pursuant to chapter 99E and except the
  2 23 tax shall not be imposed on the gross receipts from the sale
  2 24 or use of natural gas, natural gas service, electricity, or
  2 25 electric service in a city or county where the gross receipts
  2 26 from the sale of natural gas or electric energy are subject to
  2 27 a franchise fee or user fee during the period the franchise or
  2 28 user fee is imposed.  A local sales and services tax is
  2 29 applicable to transactions within those incorporated and
  2 30 unincorporated areas of the county where it is imposed and
  2 31 shall be collected by all persons required to collect state
  2 32 gross receipts taxes.  However, a person required to collect
  2 33 state retail sales tax under chapter 422, division IV, is not
  2 34 required to collect local sales and services tax on
  2 35 transactions delivered within the area where the local sales
  3  1 and services tax is imposed unless the person has physical
  3  2 presence in that taxing area.  All cities contiguous to each
  3  3 other shall be treated as part of one incorporated area and
  3  4 the tax would be imposed in each of those contiguous cities
  3  5 only if the majority of those voting in the total area covered
  3  6 by the contiguous cities favor its imposition.
  3  7    Sec. 3.  Section 422E.3, subsection 2, Code Supplement
  3  8 1999, is amended to read as follows:
  3  9    2.  The tax shall be imposed on the same basis as the state
  3 10 sales and services tax or in the case of the use of natural
  3 11 gas, natural gas service, electricity, or electric service on
  3 12 the same basis as the state use tax and shall not be imposed
  3 13 on the sale of any property or on any service not taxed by the
  3 14 state, except the tax shall not be imposed on the gross
  3 15 receipts from the sale of motor fuel or special fuel as
  3 16 defined in chapter 452A which is consumed for highway use or
  3 17 in watercraft or aircraft if the fuel tax is paid on the
  3 18 transaction and a refund has not or will not be allowed, on
  3 19 the gross receipts from the rental of rooms, apartments, or
  3 20 sleeping quarters which are taxed under chapter 422A during
  3 21 the period the hotel and motel tax is imposed, on the gross
  3 22 receipts from the sale of equipment by the state department of
  3 23 transportation, on the gross receipts from the sale of self-
  3 24 propelled building equipment, pile drivers, motorized
  3 25 scaffolding, or attachments customarily drawn or attached to
  3 26 self-propelled building equipment, pile drivers, and motorized
  3 27 scaffolding, including auxiliary attachments which improve the
  3 28 performance, safety, operation, or efficiency of the
  3 29 equipment, and replacement parts and are directly and
  3 30 primarily used by contractors, subcontractors, and builders
  3 31 for new construction, reconstruction, alterations, expansion,
  3 32 or remodeling of real property or structures, and on the gross
  3 33 receipts from the sale of a lottery ticket or share in a
  3 34 lottery game conducted pursuant to chapter 99E and except the
  3 35 tax shall not be imposed on the gross receipts from the sale
  4  1 or use of natural gas, natural gas service, electricity, or
  4  2 electric service in a city or county where the gross receipts
  4  3 from the sale of natural gas or electric energy are subject to
  4  4 a franchise fee or user fee during the period the franchise or
  4  5 user fee is imposed.
  4  6    Sec. 4.  Section 452A.2, Code Supplement 1999, is amended
  4  7 by adding the following new subsections:
  4  8    NEW SUBSECTION.  4A.  "Denatured ethanol" means ethanol
  4  9 that is to be blended with gasoline, has been derived from
  4 10 cereal grains, complies with American society of testing
  4 11 materials designation D-4806-95b, and may be denatured only as
  4 12 specified in Code of Federal Regulations, Titles 20, 21, and
  4 13 27.  Alcohol and denatured ethanol have the same meaning in
  4 14 this chapter.
  4 15    NEW SUBSECTION.  18A.  "Racing fuel" means leaded gasoline
  4 16 of one hundred ten octane or more that does not meet American
  4 17 society of testing materials designation D-4814 for gasoline
  4 18 and is sold in bulk for use in nonregistered motor vehicles.
  4 19    Sec. 5.  Section 452A.2, subsection 17, paragraph a, Code
  4 20 Supplement 1999, is amended to read as follows:
  4 21    a.  All products commonly or commercially known or sold as
  4 22 gasoline, including ethanol blended gasoline, casinghead, and
  4 23 absorption or natural gasoline, regardless of their
  4 24 classifications or uses, and including transmix which serves
  4 25 as a buffer between fuel products in the pipeline distribution
  4 26 process.
  4 27    Sec. 6.  Section 452A.3, subsection 5, paragraph a, Code
  4 28 Supplement 1999, is amended by adding the following new
  4 29 unnumbered paragraph:
  4 30    NEW UNNUMBERED PARAGRAPH.  Tax shall not be paid when the
  4 31 sale of alcohol occurs within a terminal from an alcohol
  4 32 manufacturer to an Iowa licensed supplier.  The tax shall be
  4 33 paid by the Iowa licensed supplier when the invoiced gross
  4 34 gallonage of the alcohol or the alcohol part of ethanol
  4 35 blended gasoline is withdrawn from a terminal for delivery in
  5  1 this state.
  5  2    Sec. 7.  Section 452A.17, subsection 1, paragraph a, Code
  5  3 Supplement 1999, is amended by adding the following new
  5  4 subparagraph:
  5  5    NEW SUBPARAGRAPH.  (10)  Racing fuel.
  5  6    Sec. 8.  EFFECTIVE DATE.  This Act, being deemed of
  5  7 immediate importance, takes effect upon enactment.  
  5  8                           EXPLANATION
  5  9    This bill makes numerous changes in the administration of
  5 10 state and local taxation of motor fuel and special fuel as
  5 11 follows:
  5 12    Code section 422.110 is amended to replace the words
  5 13 "eligible purchasers" with the word "distributors" to reflect
  5 14 more accurate terminology as defined in Code chapter 452A.
  5 15    Code sections 422B.8 and 422E.3 are amended to impose local
  5 16 options sales and services tax only on motor fuels and special
  5 17 fuels in which tax pursuant to Code chapter 452A has not been
  5 18 imposed and, if paid, has not nor cannot be refunded.
  5 19    Code section 452A.2 is amended to add definitions for
  5 20 "denatured alcohol" and "racing fuel".
  5 21    Code section 452A.2, subsection 17, paragraph "a", is
  5 22 amended to redefine "motor fuel" to include ethanol blended
  5 23 gasoline.
  5 24    Code section 452A.3, subsection 5, paragraph "a", is
  5 25 amended to provide that the tax on alcohol be paid when it is
  5 26 withdrawn from the terminal rather than when it is sold within
  5 27 the terminal as is the case under present law.
  5 28    Code section 452A.17, subsection 1, paragraph "a", is
  5 29 amended to permit a refund of tax paid on fuel used for
  5 30 racing.  This change is being made to conform with federal
  5 31 regulations.
  5 32    The bill takes effect upon enactment.  
  5 33 LSB 7236SC 78
  5 34 mg/gg/8
     

Text: SSB03235                          Text: SSB03237
Text: SSB03200 - SSB03299               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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