Senate File 393 - Introduced



                                       SENATE FILE       
                                       BY  DANIELSON


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

                                      A BILL FOR

  1 An Act providing a sales tax refund for up to five years for
  2    power used in the operation of information technology
  3    facilities.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2313SS 82
  6 ak/es/88

PAG LIN



  1  1    Section.  1.  Section 423.4, Code 2007, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  8.  a.  The owner of an information
  1  4 technology facility in this state may make an annual
  1  5 application for up to five consecutive years to the department
  1  6 for the refund of the sales or use tax upon the sales price of
  1  7 all sales of fuel used in creating heat, power, and steam for
  1  8 processing or generating electrical current, or from the sale
  1  9 of electricity consumed by computers, machinery, or other
  1 10 equipment for operation of the technology facility.
  1 11    b.  An information technology facility shall qualify for
  1 12 the refund in this subsection if the facility's six=digit
  1 13 North American industry classification system number indicates
  1 14 that the facility is primarily engaged in providing
  1 15 computer=related services.
  1 16    c.  The refund may be obtained only in the following manner
  1 17 and under the following conditions:
  1 18    (1)  The applicant shall use forms furnished by the
  1 19 department.
  1 20    (2)  The applicant shall separately list the amounts of
  1 21 sales and use tax paid during the reporting period.
  1 22    (3)  The applicant may request when the refund begins, but
  1 23 it must start on the first day of a month and proceed for a
  1 24 continuous twelve=month period.
  1 25    d.  In determining the amount to be refunded, if the dates
  1 26 of the utility billing or meter reading cycle for the sale or
  1 27 furnishing of metered gas and electricity is on or after the
  1 28 first day of the first month through the last day of the last
  1 29 month of the refund year, the full amount of tax charged in
  1 30 the billings shall be refunded.  In determining the amount to
  1 31 be refunded, if the dates of the sale or furnishing of fuel
  1 32 for purposes of commercial energy and the delivery of the fuel
  1 33 is on or after the first day of the first month through the
  1 34 last day of the last month of the refund year, the full amount
  1 35 of tax charged in the billings shall be refunded.
  2  1    e.  To receive refunds during the five=year period, the
  2  2 applicant shall file a refund claim within three months after
  2  3 the end of each refund year.
  2  4    f.  The refund in this subsection applies only to state
  2  5 sales and use tax paid and does not apply to local option
  2  6 sales and services taxes imposed pursuant to chapters 423B and
  2  7 423E.
  2  8                           EXPLANATION
  2  9    This bill provides an annual sales tax refund for up to
  2 10 five years for an information technology facility on the sale
  2 11 price of all sales of fuels used in creating heat, power, and
  2 12 steam for processing or for generating electrical current, or
  2 13 from the sale of electricity consumed by computers, machinery,
  2 14 or other equipment for operation of the facility.
  2 15    The bill requires that to qualify for the refund an
  2 16 information technology facility must be classified under the
  2 17 North American industry classification system number 541519,
  2 18 which includes companies that provide computer=related
  2 19 services including computer disaster recovery services and
  2 20 software installation services.
  2 21    The bill sets out specific requirements in order for an
  2 22 information technology facility to obtain a tax refund.  The
  2 23 criteria include that the applicant shall use forms furnished
  2 24 by the department of revenue; the applicant shall separately
  2 25 list the amounts of sales and use tax paid during the
  2 26 reporting period; and the applicant may request when the
  2 27 refund begins, but it must start on the first day of a month
  2 28 and proceed for a continuous 12=month period.
  2 29    The bill also provides that in determining the amount of
  2 30 refund, if the date of the utility billing or meter reading
  2 31 cycle for the sale or furnishing of metered gas and
  2 32 electricity occurs during the refund year, then the amount of
  2 33 tax on the bill is refundable.  If the sale or furnishing of
  2 34 fuel and the delivery of the fuel occur during the refund
  2 35 year, then the tax is refunded.
  3  1    The bill requires that in order to receive refunds during
  3  2 the five=year refund period, an applicant shall make refund
  3  3 requests within three months after the end of each refund
  3  4 year.  The bill also states that the refund only applies to
  3  5 state sales and use tax and not to local option sales and
  3  6 services taxes in Code chapters 423B and 423E.
  3  7 LSB 2313SS 82
  3  8 ak:sc/es/88