House File 2776 - Introduced



                                  HOUSE FILE       
                                  BY  COMMITTEE ON WAYS AND MEANS

                                  (SUCCESSOR TO HSB 655)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act exempting from sales and use taxes certain equipment used
  2    in transmitting telecommunications services.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5894HV 81
  5 mg/cf/24

PAG LIN



  1  1    Section 1.  Section 423.3, Code Supplement 2005, is amended
  1  2 by adding the following new subsection:
  1  3    NEW SUBSECTION.  47A.  a.  Subject to paragraph "b", the
  1  4 sales price from the sale or rental of central office
  1  5 equipment or transmission equipment primarily used by local
  1  6 exchange carriers and competitive local exchange service
  1  7 providers as defined in section 476.96; by franchised cable
  1  8 television operators, mutual companies, municipal utilities,
  1  9 cooperatives, and companies furnishing communications services
  1 10 which are not subject to rate regulation as provided in
  1 11 chapter 476; by long distance companies as defined in section
  1 12 477.10; or for a commercial mobile radio service as defined in
  1 13 47 C.F.R. } 20.3 in the furnishing of telecommunications
  1 14 services on a commercial basis.  For the purposes of this
  1 15 subsection, "central office equipment" means equipment
  1 16 utilized in the initiating, processing, amplifying, switching,
  1 17 or monitoring of telecommunications services.  "Transmission
  1 18 equipment" means equipment utilized in the process of sending
  1 19 information from one location to another location.  "Central
  1 20 office equipment" and "transmission equipment" also include
  1 21 ancillary equipment and apparatus which support, regulate,
  1 22 control, repair, test, or enable such equipment to accomplish
  1 23 its function.
  1 24    b.  The exemption in this subsection shall be phased in by
  1 25 means of tax refunds as follows:
  1 26    (1)  If the sale or rental occurs on or after July 1, 2006,
  1 27 through June 30, 2007, one=seventh of the state tax on the
  1 28 sales price shall be refunded.
  1 29    (2)  If the sale or rental occurs on or after July 1, 2007,
  1 30 through June 30, 2008, two=sevenths of the state tax on the
  1 31 sales price shall be refunded.
  1 32    (3)  If the sale or rental occurs on or after July 1, 2008,
  1 33 through June 30, 2009, three=sevenths of the state tax on the
  1 34 sales price shall be refunded.
  1 35    (4)  If the sale or rental occurs on or after July 1, 2009,
  2  1 through June 30, 2010, four=sevenths of the state tax on the
  2  2 sales price shall be refunded.
  2  3    (5)  If the sale or rental occurs on or after July 1, 2010,
  2  4 through June 30, 2011, five=sevenths of the state tax on the
  2  5 sales price shall be refunded.
  2  6    (6)  If the sale or rental occurs on or after July 1, 2011,
  2  7 through June 30, 2012, six=sevenths of the state tax on the
  2  8 sales price shall be refunded.
  2  9    (7)  If the sale or rental occurs on or after July 1, 2012,
  2 10 the sales price is exempt and no payment of tax and subsequent
  2 11 refund are required.
  2 12    c.  For sales or rentals occurring on or after July 1,
  2 13 2006, through June 30, 2012, a refund of the tax paid as
  2 14 provided in paragraph "b", subparagraph (1), (2), (3), (4),
  2 15 (5), or (6), must be applied for, not later than six months
  2 16 after the month in which the sale or rental occurred, in the
  2 17 manner and on the forms provided by the department.  Refunds
  2 18 shall only be of the state tax collected.  Refunds authorized
  2 19 shall accrue interest at the rate in effect under section
  2 20 421.7 from the first day of the second calendar month
  2 21 following the date the refund claim is received by the
  2 22 department.
  2 23                           EXPLANATION
  2 24    This bill exempts from sales and use taxes beginning July
  2 25 1, 2012, central office equipment and transmission equipment
  2 26 sold or rented for use in transporting communications services
  2 27 by local exchange carriers, competitive local exchange service
  2 28 providers, certain franchised cable television operators,
  2 29 mutual companies, cooperatives, and municipal utilities not
  2 30 subject to rate regulation, long distance companies, and
  2 31 commercial mobile radio services.  From July 1, 2006, until
  2 32 June 30, 2012, the taxes on such equipment are paid but a
  2 33 refund may be applied for.  The amount of the refund is one=
  2 34 seventh of the tax for sales or rentals occurring in FY 2006=
  2 35 2007.  The refund increases each succeeding fiscal year by
  3  1 another one=seventh of the tax paid.
  3  2    The bill defines central office equipment as equipment used
  3  3 in initiating, processing, amplifying, switching, or
  3  4 monitoring of telecommunications services and any ancillary
  3  5 equipment.  Transmission equipment is defined as equipment
  3  6 utilized in sending information and any ancillary equipment.
  3  7 LSB 5894HV 81
  3  8 mg:rj/cf/24