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