Senate File 194 - Introduced





                                      SENATE FILE       
                                      BY  COMMITTEE ON ECONOMIC
                                          GROWTH

                                      (SUCCESSOR TO SSB 1084)


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

                                      A BILL FOR

  1 An Act relating to a sales tax exemption for the operation of
  2    nonprofit private performing arts centers and allowing a sales
  3    tax refund for construction of such centers.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1294SV 83
  6 ak/sc/5

PAG LIN



  1  1    Section 1.  Section 423.3, subsection 22, Code 2009, is
  1  2 amended to read as follows:
  1  3    22.  The sales price from sales of goods, wares, or
  1  4 merchandise, or from services furnished, to a nonprofit
  1  5 private art center or performing arts center to be used in the
  1  6 operation of the art center or performing arts center.
  1  7    Sec. 2.  Section 423.4, subsection 1, Code 2009, is amended
  1  8 by striking the subsection and inserting in lieu thereof the
  1  9 following:
  1 10    1.  a.  The following designated entities may make
  1 11 application to the department for a refund of the sales or use
  1 12 tax upon the sales price of all sales of goods, wares, or
  1 13 merchandise, or from services furnished, to a contractor used
  1 14 in the fulfillment of a written contract with the designated
  1 15 entity:
  1 16    (1)  A private nonprofit educational institution in this
  1 17 state.
  1 18    (2)  A nonprofit Iowa affiliate of a nonprofit
  1 19 international organization whose primary activity is the
  1 20 promotion of the construction, remodeling, or rehabilitation
  1 21 of one=family or two=family dwellings for low=income families.
  1 22    (3)  A nonprofit private museum in this state.
  1 23    (4)  A nonprofit private performing arts center in this
  1 24 state.
  1 25    (5)  A tax=certifying or tax=levying body or governmental
  1 26 subdivision of the state, including the state board of
  1 27 regents, the state department of human services, and the state
  1 28 department of transportation.
  1 29    (6)  A municipally owned solid waste facility that sells
  1 30 all or part of its processed waste as fuel to a municipally
  1 31 owned public utility.
  1 32    (7)  All divisions, boards, commissions, agencies, or
  1 33 instrumentalities of state, federal, county, or municipal
  1 34 government that do not have earnings going to the benefit of
  1 35 an equity investor or stockholder.
  2  1    (8)  The state of Iowa, any political subdivision of the
  2  2 state, or a division, board, commission, agency, or
  2  3 instrumentality of the state or a political subdivision.
  2  4    b.  In order to receive the refund, the goods, wares, or
  2  5 merchandise, or services furnished to a contractor shall be
  2  6 used in the fulfillment of a written contract with one of the
  2  7 designated entities in paragraph "a" for property that becomes
  2  8 an integral part of the project under contract and at the
  2  9 completion of the project becomes one of the following:
  2 10    (1)  Public property.
  2 11    (2)  Devoted to educational uses.
  2 12    (3)  Part of a low=income one=family or two=family dwelling
  2 13 in the state.
  2 14    (4)  A nonprofit private museum.
  2 15    (5)  A nonprofit performing arts center.
  2 16    c.  The refund does not apply to goods, wares, or
  2 17 merchandise, or services furnished, which are used in the
  2 18 following:
  2 19    (1)  The performance of any contract in connection with the
  2 20 operation of any municipal utility engaged in selling gas,
  2 21 electricity, or heat to the general public or in connection
  2 22 with the operation of a municipal pay television system.
  2 23    (2)  The performance of a contract for a project under
  2 24 chapter 419 as defined in that chapter other than goods,
  2 25 wares, or merchandise used in the performance of a contract
  2 26 for a project under chapter 419 for which a bond issue was
  2 27 approved by a municipality prior to July 1, 1968, or for which
  2 28 the goods, wares, or merchandise becomes an integral part of
  2 29 the project under contract and at the completion of the
  2 30 project becomes public property or is devoted to educational
  2 31 uses.
  2 32    d.  Such contractor shall state under oath, on forms
  2 33 provided by the department, the amount of such sales of goods,
  2 34 wares, or merchandise, or services furnished, and used in the
  2 35 performance of such contract, and upon which sales or use tax
  3  1 has been paid, and shall file such forms with the appropriate
  3  2 designated entity in paragraph "a" that has made any written
  3  3 contract for performance by the contractor.  The forms shall
  3  4 be filed by the contractor with the designated entity in
  3  5 paragraph "a" before final settlement is made.
  3  6    e.  A designated entity in paragraph "a" shall, not more
  3  7 than one year after the final settlement has been made, make
  3  8 application to the department for any refund of the amount of
  3  9 the sales or use tax which shall have been paid upon any
  3 10 goods, wares, or merchandise, or services furnished, the
  3 11 application to be made in the manner and upon forms to be
  3 12 provided by the department, and the department shall forthwith
  3 13 audit the claim and, if approved, issue a warrant to the
  3 14 applicable designated entity in paragraph "a" in the amount of
  3 15 the sales or use tax which has been paid to the state of Iowa
  3 16 under the contract.
  3 17    f.  Refunds authorized under this subsection shall accrue
  3 18 interest at the rate in effect under section 421.7 from the
  3 19 first day of the second calendar month following the date the
  3 20 refund claim is received by the department.
  3 21    g.  Any contractor who willfully makes a false report of
  3 22 tax paid under the provisions of this subsection is guilty of
  3 23 a simple misdemeanor and in addition shall be liable for the
  3 24 payment of the tax and any applicable penalty and interest.
  3 25                           EXPLANATION
  3 26    This bill exempts from sales tax the sale of materials and
  3 27 services provided that are used in the operation of a
  3 28 nonprofit private performing arts center.  The bill allows the
  3 29 sales tax from construction materials and services used to
  3 30 build a nonprofit private performing arts center to be
  3 31 refunded upon application to the Iowa department of revenue.
  3 32 LSB 1294SV 83
  3 33 ak/sc/5