House File 2439 - Introduced HOUSE FILE 2439 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HSB 660) A BILL FOR An Act relating to the administration of the sales and use 1 taxes by modifying provisions related to property purchased 2 for resale and by creating a sales tax exemption for certain 3 items purchased for use in providing vehicle wash and wax 4 services and including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5512HV (3) 84 mm/sc
H.F. 2439 Section 1. Section 423.1, subsection 39, paragraphs b and c, 1 Code Supplement 2011, are amended to read as follows: 2 b. The property is transferred to the user of the service 3 in connection with the performance of the service in a form 4 or quantity capable of a fixed or definite price value , or 5 the property is entirely consumed in connection with the 6 performance of an auto body repair service purchased by the 7 ultimate user . 8 c. The sale is evidenced by a separate charge for the 9 identifiable piece of property unless the property is entirely 10 consumed in connection with the performance of an auto body 11 repair service purchased by the ultimate user . 12 Sec. 2. Section 423.3, Code Supplement 2011, is amended by 13 adding the following new subsection: 14 NEW SUBSECTION . 96. The sales price from the sale of water, 15 electricity, chemicals, solvents, sorbents, or reagents to a 16 retailer to be used in providing a service that includes a 17 vehicle wash and wax, which vehicle wash and wax service is 18 subject to section 423.2, subsection 6. 19 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 20 immediate importance, takes effect upon enactment. 21 EXPLANATION 22 This bill amends the definition of “property purchased for 23 resale in connection with the performance of a service” in 24 Code section 423.1. Under current law, property qualifies 25 as “property purchased for resale in connection with the 26 performance of a service” if, among other things, it is 27 transferred during the service in a form or quantity capable 28 of a fixed or definite price value and listed as a separate 29 charge. The bill provides that property which is entirely 30 consumed in connection with the performance of an auto body 31 repair service will also qualify as “property purchased for 32 resale in connection with the performance of a service”, and 33 provides that the property entirely consumed in performance of 34 the service need not be listed as a separate charge. 35 -1- LSB 5512HV (3) 84 mm/sc 1/ 2
H.F. 2439 The bill also creates a sales tax exemption for sales of 1 water, electricity, chemicals, solvents, sorbents, or reagents 2 made to a retailer for use in providing taxable vehicle wash 3 and wax services. By operation of Code section 423.6, an item 4 exempt from the imposition of the sales tax is also exempt from 5 the use tax imposed in Code section 423.5. 6 The bill takes effect immediately upon enactment. 7 -2- LSB 5512HV (3) 84 mm/sc 2/ 2