Senate File 2317 - Introduced SENATE FILE 2317 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO SF 2033) A BILL FOR An Act exempting from the sales tax certain items and services 1 sold to a nonprofit human blood collection and processing 2 establishment, including effective date and retroactive 3 applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5210SV (3) 86 mm/sc
S.F. 2317 Section 1. Section 423.3, Code 2016, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 44. The sales price of chemicals, solvents, 3 sorbents, or reagents sold, or test laboratory services 4 furnished, to a nonprofit human blood collection and processing 5 establishment that meets the definition of establishment in 21 6 C.F.R. §607.3(c). 7 Sec. 2. REFUNDS. Refunds of taxes, interest, or penalties 8 that arise from claims resulting from the enactment of 9 this Act, for sales occurring between July 1, 2005, and the 10 effective date of this Act, shall be limited to twenty-five 11 thousand dollars in the aggregate and shall not be allowed 12 unless refund claims are filed prior to October 1, 2016, 13 notwithstanding any other provision of law to the contrary. 14 If the amount of claims totals more than twenty-five thousand 15 dollars in the aggregate, the department of revenue shall 16 prorate the twenty-five thousand dollars among all claimants in 17 relation to the amounts of the claimants’ valid claims. 18 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 19 immediate importance, takes effect upon enactment. 20 Sec. 4. RETROACTIVE APPLICABILITY. This Act applies 21 retroactively to July 1, 2005. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill exempts from the sales tax the sales price of 26 chemicals, sorbents, or reagents sold, or test laboratory 27 services furnished, to a nonprofit human blood collection 28 and processing establishment that meets the definition of 29 establishment in 21 C.F.R. §607.3(c). That federal regulation 30 defines “establishment” to mean a place of business under 31 one management at one general physical location. The term 32 includes, among others, human blood and plasma donor centers, 33 blood banks, transfusion services, other blood product 34 manufacturers, and independent laboratories that engage in 35 -1- LSB 5210SV (3) 86 mm/sc 1/ 2
S.F. 2317 quality control and testing for registered blood product 1 establishments. 2 By operation of Code section 423.6, an item exempt from the 3 imposition of the sales tax is also exempt from the use tax 4 imposed in Code section 423.5. 5 The bill limits refunds of taxes, interest, or penalties 6 arising from claims resulting from the enactment of the bill 7 for sales occurring between July 1, 2005, and the effective 8 date of the bill to $25,000 in the aggregate, and requires such 9 claims to be filed prior to October 1, 2016. If the aggregate 10 amount of refund claims exceeds $25,000, the department of 11 revenue is required to prorate the $25,000 among all claimants 12 in relation to each claim amount. 13 The bill takes effect upon enactment and applies 14 retroactively to July 1, 2005. 15 -2- LSB 5210SV (3) 86 mm/sc 2/ 2