House File 175 - Introduced



                                       HOUSE FILE       
                                       BY  SCHUELLER


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

                                      A BILL FOR

  1 An Act relating to the sales tax by providing an exemption for
  2    certain casual sales by nonprofit organizations.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1026HH 83
  5 tw/mg:sc/14

PAG LIN



  1  1    Section 1.  Section 423.3, subsection 39, Code 2009, is
  1  2 amended to read as follows:
  1  3    39.  a.  The sales price from "casual sales".
  1  4    b.  "Casual sales" means:
  1  5    a.  (1)  Sales of tangible personal property, or the
  1  6 furnishing of services, of a nonrecurring nature, by the
  1  7 owner, if the seller, at the time of the sale, is not engaged
  1  8 for profit in the business of selling tangible personal
  1  9 property or services taxed under section 423.2.
  1 10    b.  (2)  The sale of all or substantially all of the
  1 11 tangible personal property or services held or used by a
  1 12 seller in the course of the seller's trade or business for
  1 13 which the seller is required to hold a sales tax permit when
  1 14 the seller sells or otherwise transfers the trade or business
  1 15 to another person who shall engage in a similar trade or
  1 16 business.
  1 17    c.  (3)  Notwithstanding paragraph "a" subparagraph (1),
  1 18 the sale, furnishing, or performance of a service that is of a
  1 19 recurring nature by the owner if, at the time of the sale, all
  1 20 of the following apply:
  1 21    (1)  (a)  The seller is not engaged for profit in the
  1 22 business of the selling, furnishing, or performance of
  1 23 services taxed under section 423.2.  For purposes of this
  1 24 subparagraph subdivision (a), the fact of the recurring nature
  1 25 of selling, furnishing, or performance of services does not
  1 26 constitute by itself engaging for profit in the business of
  1 27 selling, furnishing, or performance of services.
  1 28    (2)  (b)  The owner of the business is the only person
  1 29 performing the service.
  1 30    (3)  (c)  The owner of the business is a full=time student.
  1 31    (4)  (d)  The total gross receipts from the sales,
  1 32 furnishing, or performance of services during the calendar
  1 33 year does not exceed five thousand dollars.
  1 34    (4)  Notwithstanding subparagraph (1), sales of tangible
  1 35 personal property or the sale, furnishing, or performance of a
  2  1 service that is of a recurring nature by the owner if, at the
  2  2 time of the sale, all of the following conditions are met:
  2  3    (a)  The seller is a nonprofit organization exempt from
  2  4 federal income taxation pursuant to section 501(c)(3) of the
  2  5 Internal Revenue Code.
  2  6    (b)  The sales of tangible personal property or the sale,
  2  7 furnishing, or performance of a service takes place at a
  2  8 fundraising event conducted by the seller.
  2  9    (c)  The seller's total gross receipts from the sales of
  2 10 tangible personal property or the sale, furnishing, or
  2 11 performance of services of a recurring nature during the
  2 12 calendar year do not exceed five thousand dollars.
  2 13    c.  The exemption under this subsection does not apply to
  2 14 vehicles subject to registration, aircraft, or commercial or
  2 15 pleasure watercraft or water vessels.
  2 16                           EXPLANATION
  2 17    This bill relates to the sales tax by providing an
  2 18 exemption for certain casual sales by nonprofit organizations.
  2 19    The bill provides that the sale of tangible personal
  2 20 property or services, despite being of a recurring nature,
  2 21 qualifies for an exemption as a casual sale under the
  2 22 following conditions:  (1) the seller is a nonprofit
  2 23 organization exempt from federal income taxation; (2) the sale
  2 24 takes place at a fundraising event; (3) the seller's total
  2 25 gross receipts from such sales during the calendar year do not
  2 26 exceed $5,000.
  2 27 LSB 1026HH 83
  2 28 tw/mg:sc/14