Text: SF02079                           Text: SF02081
Text: SF02000 - SF02099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index



Senate File 2080

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  421A.1  TITLE.
  1  2    This chapter shall be known and referred to as the
  1  3 "Simplified Sales and Use Tax Administration Act".
  1  4    Sec. 2.  NEW SECTION.  421A.2  DEFINITIONS.
  1  5    As used in this chapter, unless the context otherwise
  1  6 requires:
  1  7    1.  "Agreement" means the streamlined sales and use tax
  1  8 agreement as amended and adopted by the special task force and
  1  9 the executive committee of the national conference of state
  1 10 legislatures on January 27, 2001.
  1 11    2.  "Certified automated system" means software certified
  1 12 jointly by the states that are signatories to the agreement to
  1 13 calculate the tax imposed by each jurisdiction on a
  1 14 transaction, determine the amount of tax to remit to the
  1 15 appropriate state, and maintain a record of the transaction.
  1 16    3.  "Certified service provider" means an agent certified
  1 17 jointly by the states that are signatories to the agreement to
  1 18 perform all of the seller's sales tax functions.
  1 19    4.  "Director" means the director of revenue and finance.
  1 20    5.  "Person" means an individual, trust, estate, fiduciary,
  1 21 partnership, limited liability company, limited liability
  1 22 partnership, corporation, or any other legal entity.
  1 23    6.  "Sales tax" means the tax levied under chapter 422,
  1 24 division IV.
  1 25    7.  "Seller" means any person making sales, leases, or
  1 26 rentals of personal property or services.
  1 27    8.  "State" means any state of the United States and the
  1 28 District of Columbia.
  1 29    9.  "Use tax" means the tax levied under chapter 423 for
  1 30 which the retailer collects and remits tax to the department
  1 31 of revenue and finance.
  1 32    Sec. 3.  NEW SECTION.  421A.3  LEGISLATIVE FINDINGS.
  1 33    The general assembly finds that a simplified sales and use
  1 34 tax system will reduce and over time eliminate the burden and
  1 35 cost for all sellers to collect this state's sales and use
  2  1 taxes.  The general assembly further finds that this state
  2  2 should participate in multistate discussions to review or
  2  3 amend the terms of the agreement to simplify and modernize
  2  4 sales and use tax administration in order to substantially
  2  5 reduce the burden of tax compliance for all sellers and for
  2  6 all types of commerce.
  2  7    Sec. 4.  NEW SECTION.  421A.4  AUTHORITY TO PARTICIPATE IN
  2  8 MULTISTATE NEGOTIATIONS.
  2  9    For the purposes of reviewing or amending the agreement
  2 10 embodying the simplification requirements as contained in
  2 11 section 421A.7, the state shall enter into multistate
  2 12 discussions.  For purposes of these discussions, the state
  2 13 shall be represented by no more than four delegates appointed
  2 14 by the director in consultation with the leaders of the
  2 15 general assembly.
  2 16    Sec. 5.  NEW SECTION.  421A.5  AUTHORITY TO ENTER
  2 17 AGREEMENT.
  2 18    The director is authorized and directed to enter into the
  2 19 streamlined sales and use tax agreement with one or more
  2 20 states to simplify and modernize sales and use tax
  2 21 administration in order to substantially reduce the burden of
  2 22 tax compliance for all sellers and for all types of commerce.
  2 23 In furtherance of the agreement, the director is authorized to
  2 24 act jointly with other states that are signatories to the
  2 25 agreement to establish standards for certification of a
  2 26 certified service provider and certified automated system and
  2 27 to establish performance standards for multistate sellers.
  2 28    The director is authorized to take other actions reasonably
  2 29 required to implement and administer the provisions set forth
  2 30 in this chapter.  Other actions authorized by this section
  2 31 include, but are not limited to, the adoption of rules and the
  2 32 joint procurement, with other signatory states, of goods and
  2 33 services in furtherance of the agreement.
  2 34    The director or the director's designee is authorized to
  2 35 represent this state before the other states that are
  3  1 signatories to the agreement.
  3  2    Sec. 6.  NEW SECTION.  421A.6  RELATIONSHIP TO STATE LAW.
  3  3    Any provision of the agreement authorized by this chapter
  3  4 does not, in whole or part, invalidate or amend any provision
  3  5 of the law of this state.  Adoption of the agreement by this
  3  6 state does not amend or modify any law of this state.
  3  7 Implementation of any condition of the agreement in this
  3  8 state, whenever adopted, must be by an Act of the general
  3  9 assembly and approved by the governor.
  3 10    Sec. 7.  NEW SECTION.  421A.7  AGREEMENT REQUIREMENTS.
  3 11    The director shall not enter into the agreement unless the
  3 12 agreement requires each state to abide by all of the following
  3 13 requirements:
  3 14    1.  SIMPLIFIED STATE RATE.  The agreement must set
  3 15 restrictions to limit over time the number of state rates.
  3 16    2.  UNIFORM STANDARDS.  The agreement must establish
  3 17 uniform standards for all of the following:
  3 18    a.  The sourcing of transactions to taxing jurisdictions.
  3 19    b.  The administration of exempt sales.
  3 20    c.  Sales and use tax returns and remittances.
  3 21    3.  CENTRAL REGISTRATION.  The agreement must provide a
  3 22 central, electronic registration system that allows a seller
  3 23 to register to collect and remit sales and use taxes for all
  3 24 signatory states.
  3 25    4.  NO NEXUS ATTRIBUTION.  The agreement must provide that
  3 26 registration with the central registration system and the
  3 27 collection of sales and use taxes in the signatory states will
  3 28 not be used as a factor in determining whether the seller has
  3 29 nexus with a state for any tax.
  3 30    5.  LOCAL SALES AND USE TAXES.  The agreement must provide
  3 31 for reduction of the burdens of complying with local sales and
  3 32 use taxes through the following:
  3 33    a.  Restricting variances between the state and local tax
  3 34 bases.
  3 35    b.  Requiring states to administer any local sales and use
  4  1 taxes levied by local taxing jurisdictions within the state so
  4  2 that sellers collecting and remitting these taxes will not
  4  3 have to register or file returns with, remit funds to, or be
  4  4 subject to independent audits from local taxing jurisdictions.
  4  5    c.  Restricting the frequency of changes in the local sales
  4  6 and use tax rates and setting effective dates for the
  4  7 application of local taxing jurisdictional boundary changes to
  4  8 local sales and use taxes.
  4  9    d.  Providing notice of changes in local sales and use tax
  4 10 rates and of changes in the boundaries of local taxing
  4 11 jurisdictions.
  4 12    6.  MONETARY ALLOWANCES.  The agreement must outline any
  4 13 monetary allowances that are to be provided by the states to
  4 14 sellers or certified service providers.  The agreement must
  4 15 allow for a joint public and private sector study of the
  4 16 compliance cost on sellers and certified service providers to
  4 17 collect sales and use taxes for state and local governments
  4 18 under various levels of complexity to be completed by January
  4 19 1, 2003.
  4 20    7.  STATE COMPLIANCE.  The agreement must require each
  4 21 state to certify compliance with the terms of the agreement
  4 22 prior to joining and to maintain compliance, under the laws of
  4 23 the signatory state, with all provisions of the agreement
  4 24 while a signatory.
  4 25    8.  CONSUMER PRIVACY.  The agreement must require each
  4 26 state to adopt a uniform policy for certified service
  4 27 providers that protects the privacy of consumers and maintains
  4 28 the confidentiality of tax information.
  4 29    9.  ADVISORY COUNCILS.  The agreement must provide for the
  4 30 appointment of an advisory council of private sector
  4 31 representatives and an advisory council of nonsignatory state
  4 32 representatives to consult with in the administration of the
  4 33 agreement.
  4 34    Sec. 8.  NEW SECTION.  421A.8  COOPERATING SOVEREIGNS.
  4 35    The agreement authorized by this chapter is an accord among
  5  1 individual cooperating sovereigns in furtherance of their
  5  2 governmental functions.  The agreement provides a mechanism
  5  3 among the signatory states to establish and maintain a
  5  4 cooperative, simplified system for the application and
  5  5 administration of sales and use taxes under the duly adopted
  5  6 law of each signatory state.
  5  7    Sec. 9.  NEW SECTION.  421A.9  LIMITED BINDING AND
  5  8 BENEFICIAL EFFECT.
  5  9    1.  The agreement authorized by this chapter binds and
  5 10 inures only to the benefit of this state and the other
  5 11 signatory states.  No person, other than a signatory state, is
  5 12 an intended beneficiary of the agreement.  Any benefit to a
  5 13 person other than a state must be established by the law of
  5 14 this state and the other signatory states and not by the terms
  5 15 of the agreement.
  5 16    2.  Consistent with subsection 1, a person shall not have
  5 17 any cause of action or defense under the agreement or by
  5 18 virtue of this state's approval of the agreement.  A person
  5 19 shall not challenge, in any action brought under any provision
  5 20 of law, any action or inaction by any department, agency, or
  5 21 other instrumentality of this state, or by any political
  5 22 subdivision of this state, on the ground that the action or
  5 23 inaction is inconsistent with the agreement.
  5 24    3.  A law of this state, or the application of the law,
  5 25 shall not be declared invalid as to any person or circumstance
  5 26 on the ground that the law or application of the law is
  5 27 inconsistent with the agreement.
  5 28    Sec. 10.  NEW SECTION.  421A.10  SELLER AND THIRD-PARTY
  5 29 LIABILITY.
  5 30    1.  A certified service provider is the agent of a seller,
  5 31 with whom the certified service provider has contracted, for
  5 32 the collection and remittance of sales and use taxes.  As the
  5 33 seller's agent, the certified service provider is liable for
  5 34 sales and use taxes due each signatory state on all sales
  5 35 transactions the certified service provider processes for the
  6  1 seller except as set out in this section.
  6  2    A seller that contracts with a certified service provider
  6  3 is not liable to the state for sales or use taxes due on
  6  4 transactions processed by the certified service provider
  6  5 unless the seller misrepresented the type of items the seller
  6  6 sells or committed fraud.  In the absence of probable cause to
  6  7 believe that the seller has committed fraud or made a material
  6  8 misrepresentation, the seller is not subject to audit on the
  6  9 transactions processed by the certified service provider.  A
  6 10 seller is subject to audit for transactions not processed by
  6 11 the certified service provider.  The signatory states acting
  6 12 jointly may perform a system check of the seller and review
  6 13 the seller's procedures to determine if the certified service
  6 14 provider's system is functioning properly and the extent to
  6 15 which the seller's transactions are being properly processed
  6 16 by the certified service provider.
  6 17    2.  A person that provides a certified automated system is
  6 18 responsible for the proper functioning of the system and is
  6 19 liable to the state for underpayments of tax attributable to
  6 20 errors in the functioning of the certified automated system.
  6 21 A seller that uses a certified automated system remains
  6 22 responsible and is liable to the state for reporting and
  6 23 remitting tax.
  6 24    3.  A seller that has a proprietary system for determining
  6 25 the amount of tax due on transactions and has signed an
  6 26 agreement establishing a performance standard for the system
  6 27 is liable for the failure of the system to meet the
  6 28 performance standard.
  6 29    Sec. 11.  EFFECTIVE DATE.  This Act, being deemed of
  6 30 immediate importance, takes effect upon enactment.  
  6 31                           EXPLANATION
  6 32    This bill enables Iowa to negotiate with other states with
  6 33 the aim of entering into an agreement to simplify and
  6 34 modernize its sales and use tax laws.  The purpose of this
  6 35 simplification and modernization is to substantially reduce
  7  1 the burden of tax compliance for all sellers and all types of
  7  2 commerce.  The bill requires that any agreement contain
  7  3 uniformity of standards in the areas of sourcing transactions,
  7  4 administration of exempt sales, and of sales and use tax
  7  5 returns and remittances.  The bill also provides that any
  7  6 agreement provide for central registering as a seller and for
  7  7 a reduction of local option sales and use tax burdens.  The
  7  8 bill also provides that the use by the seller of the central
  7  9 registration system will not be used in determining whether
  7 10 the seller has a nexus with a state for any tax.
  7 11    The bill takes effect upon enactment.  
  7 12 LSB 6357XS 79
  7 13 mg/sh/8
     

Text: SF02079                           Text: SF02081
Text: SF02000 - SF02099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home index


© 2002 Cornell College and League of Women Voters of Iowa


Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Wed Feb 6 03:30:01 CST 2002
URL: /DOCS/GA/79GA/Legislation/SF/02000/SF02080/020129.html
jhf