House File 56 - Introduced HOUSE FILE 56 BY PETTENGILL , DOLECHECK , HANUSA , HORBACH , MASSIE , HEATON , HUSEMAN , PAUSTIAN , HELLAND , LOFGREN , SCHULTZ , DE BOEF , and J. TAYLOR A BILL FOR An Act exempting certain sales by qualified organizations 1 representing veterans from sales tax. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1271YH (3) 84 tw/sc
H.F. 56 Section 1. Section 423.2, subsection 4, paragraph b, Code 1 2011, is amended to read as follows: 2 b. The tax imposed under this subsection covers the total 3 amount from the operation of games of skill, games of chance, 4 raffles, and bingo games as defined in chapter 99B , card 5 game tournaments conducted under section 99B.7B , and musical 6 devices, weighing machines, shooting galleries, billiard and 7 pool tables, bowling alleys, pinball machines, slot-operated 8 devices selling merchandise not subject to the general sales 9 taxes and on the total amount from devices or systems where 10 prizes are in any manner awarded to patrons and upon the 11 receipts from fees charged for participation in any game or 12 other form of amusement, and generally upon the sales price 13 from any source of amusement operated for profit, not specified 14 in this section , and upon the sales price from which tax is 15 not collected for tickets or admission, but tax shall not be 16 imposed upon any activity exempt from sales tax under section 17 423.3, subsection 78 or 78A . Every person receiving any sales 18 price from the sources described in this section is subject to 19 all provisions of this subchapter relating to retail sales tax 20 and other provisions of this chapter as applicable. 21 Sec. 2. Section 423.3, Code 2011, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 78A. a. The sales price from sales or 24 rental of tangible personal property, or services rendered, 25 by a qualified organization representing veterans where the 26 profits from the sales or rental of the tangible personal 27 property or services rendered are used for the benefit of the 28 same qualified organization representing veterans. 29 b. This exemption applies to the sales price from games of 30 skill, games of chance, raffles, and bingo games, as defined in 31 chapter 99B, but only to the extent the profits from the sales, 32 rental, or services are used by or donated to the qualified 33 organization representing veterans. 34 c. For the purposes of this subsection, “qualified 35 -1- LSB 1271YH (3) 84 tw/sc 1/ 2
H.F. 56 organization representing veterans” means any licensed 1 organization representing veterans that is a post, branch, 2 or chapter of a national association of veterans of the 3 armed forces of the United States, is a federally chartered 4 corporation, is exempt from federal income taxes under section 5 501(c)(19) of the Internal Revenue Code as defined in section 6 422.3, has an active membership of not less than twelve 7 persons, and does not have a self-perpetuating governing body 8 and officers. 9 EXPLANATION 10 This bill exempts sales by veterans organizations from 11 state sales tax. The bill also provides that the 6 percent 12 tax on games of skill, games of chance, raffles, and bingo 13 games is exempted when the games are operated by a qualified 14 organization representing veterans and the money from the games 15 is donated to the veterans organization. 16 The definition of a “qualified organization representing 17 veterans” is a licensed organization that is a post, branch, 18 or chapter of a national association of veterans of the United 19 States armed forces, is a federally chartered corporation, 20 is exempt from federal income taxes, has more than 12 active 21 members, and does not have a self-perpetuating governing body 22 and officers. 23 By operation of Code section 423.6, an item exempt from the 24 imposition of the sales tax is also exempt from the use tax 25 imposed in Code section 423.5. 26 -2- LSB 1271YH (3) 84 tw/sc 2/ 2