House Study Bill 655



                                  HOUSE FILE       
                                  BY  (PROPOSED COMMITTEE ON WAYS
                                       AND MEANS BILL BY
                                       CHAIRPERSON VAN FOSSEN)


    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 5894HC 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 a reduction in the tax rate as follows:
  1 26    (1)  If the sale or rental occurs between July 1, 2006, and
  1 27 June 30, 2007, the rate of tax is four percent of the sales
  1 28 price.
  1 29    (2)  If the sale or rental occurs between July 1, 2007, and
  1 30 June 30, 2008, the rate of tax is three percent of the sales
  1 31 price.
  1 32    (3)  If the sale or rental occurs between July 1, 2008, and
  1 33 June 30, 2009, the rate of tax is two percent of the sales
  1 34 price.
  1 35    (4)  If the sale or rental occurs between July 1, 2009, and
  2  1 June 30, 2010, the rate of tax is one percent of the sales
  2  2 price.
  2  3    (5)  If the sale or rental occurs on or after July 1, 2010,
  2  4 the rate of tax is zero percent of the sales price.
  2  5                           EXPLANATION
  2  6    This bill exempts from sales and use taxes central office
  2  7 equipment and transmission equipment sold or rented for use in
  2  8 transporting communications services by local exchange
  2  9 carriers, competitive local exchange service providers,
  2 10 certain franchised cable television operators, mutual
  2 11 companies, cooperatives, municipal utilities and other
  2 12 entities not subject to rate regulation, long distance
  2 13 companies, and commercial mobile radio services.  However, the
  2 14 exemption is phased in by means of a tax rate reduction over a
  2 15 five=year period beginning July 1, 2006.  After June 30, 2010,
  2 16 the equipment sales or rentals will be completely tax exempt.
  2 17 The bill defines central office equipment as equipment used in
  2 18 initiating, processing, amplifying, switching, or monitoring
  2 19 of telecommunications services and any ancillary equipment and
  2 20 transmission equipment as equipment utilized in the process of
  2 21 sending information from one place to another.
  2 22 LSB 5894HC 81
  2 23 mg:rj/cf/24