House File 734 - Introduced



                                       HOUSE FILE       
                                       BY  PAULSEN and J.K. VAN FOSSEN


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

                                      A BILL FOR

  1 An Act relating to the repeal of the sourcing rules under the
  2    state sales and use taxes.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2889YH 81
  5 mg/sh/8

PAG LIN



  1  1    Section 1.  Section 423.57, Code 2005, is amended to read
  1  2 as follows:
  1  3    423.57  STATUTES APPLICABLE.
  1  4    The director shall administer this subchapter as it relates
  1  5 to the taxes imposed in this chapter in the same manner and
  1  6 subject to all the provisions of, and all of the powers,
  1  7 duties, authority, and restrictions contained in sections
  1  8 423.14, 423.15, 423.16, 423.17, 423.18, 423.19, 423.20,
  1  9 423.21, 423.22, 423.23, 423.24, 423.25, 423.28, 423.29,
  1 10 423.31, 423.32, 423.33, 423.34, 423.35, 423.37, 423.38,
  1 11 423.39, 423.40, 423.41, and 423.42, section 423.43, subsection
  1 12 3, and sections 423.45, 423.46, and 423.47.
  1 13    Sec. 2.  Section 423B.6, subsection 2, paragraph b, Code
  1 14 2005, is amended to read as follows:
  1 15    b.  The ordinance of a county board of supervisors imposing
  1 16 a local sales and services tax shall adopt by reference the
  1 17 applicable provisions of the appropriate sections of chapter
  1 18 423.  All powers and requirements of the director to
  1 19 administer the state sales tax law and use tax law are
  1 20 applicable to the administration of a local sales and services
  1 21 tax law and the local excise tax, including but not limited to
  1 22 the provisions of section 422.25, subsection 4, sections
  1 23 422.30, 422.67, and 422.68, section 422.69, subsection 1,
  1 24 sections 422.70 to 422.75, section 423.14, subsection 1 and
  1 25 subsection 2, paragraphs "b" through "e", and sections 423.15,
  1 26 423.23, 423.24, 423.25, 423.31 to 423.35, 423.37 to 423.42,
  1 27 423.46, and 423.47.  Local officials shall confer with the
  1 28 director of revenue for assistance in drafting the ordinance
  1 29 imposing a local sales and services tax.  A certified copy of
  1 30 the ordinance shall be filed with the director as soon as
  1 31 possible after passage.
  1 32    Sec. 3.  Section 423C.4, Code 2005, is amended to read as
  1 33 follows:
  1 34    423C.4  ADMINISTRATION AND ENFORCEMENT.
  1 35    All powers and requirements of the director of revenue to
  2  1 administer the state sales tax law under chapter 423 are
  2  2 applicable to the administration of the tax imposed under
  2  3 section 423C.3, including but not limited to section 422.25,
  2  4 subsection 4, sections 422.30, 422.67, and 422.68, section
  2  5 422.69, subsection 1, sections 422.70 through 422.75, section
  2  6 423.14, subsection 1, and sections 423.15, 423.23, 423.24,
  2  7 423.25, 423.31, 423.33, 423.35 and 423.37 through 423.42,
  2  8 423.45, 423.46, and 423.47.  However, as an exception to the
  2  9 powers specified in section 423.31, the director shall only
  2 10 require the filing of quarterly reports.
  2 11    Sec. 4.  Sections 423.15 through 423.20, Code 2005, are
  2 12 repealed.
  2 13                           EXPLANATION
  2 14    This bill repeals the various sourcing rules under the
  2 15 state sales and use taxes.  These sourcing rules are part of
  2 16 the streamlined sales and use tax agreement and provide the
  2 17 method for determining which transactions are to be taxed by
  2 18 which state.  By repealing these rules, the state is basically
  2 19 in noncompliance with the streamlined sales and use tax
  2 20 agreement as provided for in Code section 423.11(2).
  2 21 LSB 2889YH 81
  2 22 mg:rj/sh/8