422B.11  Construction contractor refunds.

1.  Construction contractors may make application to the department for a refund of the additional local sales and services tax paid under this chapter by reason of taxes paid on goods, wares, or merchandise under the following conditions:

a.  The goods, wares, or merchandise are incorporated into an improvement to real estate in fulfillment of a written contract fully executed prior to the date of the imposition or increase in rate of a local sales and services tax under this chapter. The refund shall not apply to equipment transferred in fulfillment of a mixed construction contract.

b.  The contractor has paid to the department or to a retailer the full amount of the state and local tax.

c.  The claim is filed on forms provided by the department and is filed within six months of the date the tax is paid.

2.  The department shall pay the refund from the appropriate city's or county's account in the local sales and services tax fund.

3.  A contractor who makes an erroneous application for refund shall be liable for payment of the excess refund paid plus interest at the rate in effect under section 421.7. In addition, a contractor who willfully makes a false application for refund is guilty of a simple misdemeanor and is liable for a penalty equal to fifty percent of the excess refund claimed. Excess refunds, penalties, and interest due under this subsection may be enforced and collected in the same manner as the local sales and services tax imposed under this chapter.

Section History: Recent form

  88 Acts, ch 1153, §6

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