Text: HSB00538                          Text: HSB00540
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 539

Bill Text

PAG LIN
  1  1    Section 1.  Section 422.42, subsection 15, Code Supplement
  1  2 2001, is amended to read as follows:
  1  3    15.  Sales of building materials, supplies, and equipment
  1  4 to owners, contractors, subcontractors or builders, for the
  1  5 erection of buildings or the alteration, repair, or
  1  6 improvement of real property, are retail sales in whatever
  1  7 quantity sold.  If a contractor, subcontractor, or builder has
  1  8 paid the tax on the purchase of building materials, supplies,
  1  9 or equipment which are to be used in the performance of a
  1 10 construction contract with a city, county, or school district,
  1 11 the contractor, subcontractor, or builder shall grant the
  1 12 city, county, or school district a credit, upon receipt of an
  1 13 exemption certificate from the city, county, or school
  1 14 district equal to the tax paid, to be applied against the
  1 15 contractual payment obligation for the construction project.
  1 16 The contractor, subcontractor, or builder is entitled to a
  1 17 refund of the tax paid as provided in section 422.47,
  1 18 subsection 2.  Where the owner, contractor, subcontractor, or
  1 19 builder is also a retailer holding a retail sales tax permit
  1 20 and transacting retail sales of building materials, supplies,
  1 21 and equipment, the person shall purchase such items of
  1 22 tangible personal property without liability for the tax if
  1 23 such property will be subject to the tax at the time of resale
  1 24 or at the time it is withdrawn from inventory for construction
  1 25 purposes.  The sales tax shall be due in the reporting period
  1 26 when the materials, supplies, and equipment are withdrawn from
  1 27 inventory for construction purposes or when sold at retail.
  1 28 The tax shall not be due when materials are withdrawn from
  1 29 inventory for use in construction outside of Iowa and the tax
  1 30 shall not apply to tangible personal property purchased and
  1 31 consumed by the manufacturer as building materials in the
  1 32 performance by the manufacturer or its subcontractor of
  1 33 construction outside of Iowa.  The tax shall not be due when
  1 34 materials are withdrawn from inventory for use in construction
  1 35 performed for a city, county, or school district in the state
  2  1 if an exemption certificate is received from the city, county,
  2  2 or school district and the tax shall not apply to tangible
  2  3 personal property purchased and consumed by the manufacturer
  2  4 as building materials in the performance by the manufacturer
  2  5 or its subcontractor of construction performed for a city,
  2  6 county, or school district in this state if an exemption
  2  7 certificate is received from the city, county, or school
  2  8 district.
  2  9    For the purposes of this subsection, the sale of carpeting
  2 10 is not a sale of building materials.  The sale of carpeting to
  2 11 owners, contractors, subcontractors, or builders shall be
  2 12 treated as the sale of ordinary tangible personal property and
  2 13 subject to the tax imposed under section 422.43, subsection 1,
  2 14 and the tax imposed under section 423.2.  If the contractor,
  2 15 subcontractor, or builder uses the carpeting in the
  2 16 performance of a construction contract with a city, county, or
  2 17 school district, the contractor, subcontractor, or builder
  2 18 shall grant the city, county, or school district a credit,
  2 19 upon receipt of an exemption certificate from the city,
  2 20 county, or school district equal to the tax paid, to be
  2 21 applied against the contractual payment obligation for the
  2 22 construction project.  The contractor, subcontractor, or
  2 23 builder is entitled to a refund of the tax paid as provided in
  2 24 section 422.47, subsection 2.
  2 25    Sec. 2.  Section 422.45, subsection 7, Code Supplement
  2 26 2001, is amended by adding the following new paragraph:
  2 27    NEW PARAGRAPH.  d.  The amount of refund to a city, county,
  2 28 or school district under this subsection shall not include any
  2 29 credit or exemption received pursuant to an exemption
  2 30 certificate given to a contractor as provided in section
  2 31 422.42, subsection 15.
  2 32    Sec. 3.  Section 422.47, Code Supplement 2001, is amended
  2 33 by adding the following new subsections:
  2 34    NEW SUBSECTION.  2.  A construction contractor may make
  2 35 application to the department for a refund of the tax paid
  3  1 under this division or the tax paid under chapter 423 on the
  3  2 sales or use of building materials, supplies, equipment, or
  3  3 carpeting under the following conditions:
  3  4    a.  The building materials, supplies, equipment, or
  3  5 carpeting are incorporated into an improvement to real estate
  3  6 in fulfillment of a written contract with a city, county, or
  3  7 school district and a credit has been granted the city,
  3  8 county, or school district by the construction contractor as
  3  9 provided in section 422.42, subsection 15.
  3 10    b.  The contractor has paid to the department or to a
  3 11 retailer the full five percent tax.
  3 12    c.  The claim is filed on forms provided by the department
  3 13 and is filed within one year of the date the tax is paid.
  3 14    A contractor who makes an erroneous application for refund
  3 15 shall be liable for payment of the excess refund paid plus
  3 16 interest at the rate in effect under section 421.7.  In
  3 17 addition, a contractor who willfully makes a false application
  3 18 for refund is guilty of a simple misdemeanor and is liable for
  3 19 a penalty equal to fifty percent of the excess refund claimed.
  3 20 Excess refunds, penalties, and interest due under this
  3 21 subsection may be enforced and collected in the same manner as
  3 22 the tax imposed by this division.
  3 23    NEW SUBSECTION.  5.  The department shall issue a
  3 24 construction project exemption certificate to a city, county,
  3 25 or school district to be used by the city, county, or school
  3 26 district to receive the credit or tax exemption as provided in
  3 27 section 422.42, subsection 15.  The exemption certificate
  3 28 shall specify the construction project to which it applies and
  3 29 shall be valid only for that project.  The city, county, and
  3 30 school district shall apply for a construction project
  3 31 exemption certificate upon forms prescribed by the director.
  3 32 The application shall, to the extent practicable, describe the
  3 33 project and the building materials, supplies, equipment, and
  3 34 carpeting that will become an integral part of the project.
  3 35 If the department determines that section 422.45, subsection
  4  1 7, would apply to any sales or use tax that has been or would
  4  2 be paid on the building materials, supplies, equipment, and
  4  3 carpeting, the department shall issue a construction project
  4  4 exemption certificate.  
  4  5                           EXPLANATION
  4  6    Under present law, cities, counties, and school districts
  4  7 that hire construction contractors to erect buildings or make
  4  8 other improvements to real property pay the state sales and
  4  9 use taxes pursuant to the construction contract and then apply
  4 10 to the state for a refund of those taxes paid.  This bill
  4 11 provides a procedure where cities, counties, and school
  4 12 districts will not have to apply for the refund.  The
  4 13 procedure allows construction contractors to grant a city,
  4 14 county, or school district a credit, equal to the amount of
  4 15 the tax paid, against the contractual payment obligation and
  4 16 the contractor would then recoup the credit by applying for a
  4 17 refund from the state.  In the case where the construction
  4 18 contractor has not paid the tax, the contractor would not
  4 19 include the tax in the contractual payment obligation.  In
  4 20 order for the city, county, or school district to receive the
  4 21 credit or tax exemption, the city, county, or school district
  4 22 must apply for and receive an exemption certificate for the
  4 23 construction project.
  4 24    For a contractor to receive the refund of sales tax paid,
  4 25 the contractor would have to establish that the building
  4 26 materials were used in a construction contract for a city,
  4 27 county, or school district; the tax was paid by the
  4 28 contractor; and the claim is filed within one year from the
  4 29 payment of the tax.  If the contractor makes an erroneous
  4 30 application for refund, interest shall be charged on the
  4 31 amount of any excess refund paid.  If the contractor willfully
  4 32 makes a false application for refund, the contractor is guilty
  4 33 of a simple misdemeanor and is liable for a penalty of 50
  4 34 percent of the excess refund claim.  
  4 35 LSB 5217HC 79
  5  1 mg/sh/8
     

Text: HSB00538                          Text: HSB00540
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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