Senate Study Bill 3197 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON WAYS AND MEANS BILL BY CHAIRPERSON CHAPMAN) A BILL FOR An Act exempting the sales price of tangible personal property 1 or specified digital products sold, or services furnished, 2 to a nonprofit hospital, and including effective date and 3 retroactive applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6387XC (2) 88 jm/jh
S.F. _____ Section 1. Section 423.3, subsection 27, Code 2020, is 1 amended to read as follows: 2 27. The sales price of tangible personal property or 3 specified digital products sold, or of services furnished, to 4 a nonprofit hospital licensed pursuant to chapter 135B to be 5 used in the operation of the hospital. For purposes of this 6 subsection, “nonprofit hospital licensed pursuant to chapter 7 135B” includes a group of qualifying organizations acting in 8 concert. 9 Sec. 2. REFUNDS. Refunds of taxes, interest, or penalties 10 that arise from claims resulting from the enactment of this 11 Act, for sales occurring between January 1, 2013, and the 12 effective date of this Act, shall not be allowed unless refund 13 claims are filed prior to October 1, 2020, notwithstanding any 14 other provision of law to the contrary. 15 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 16 importance, takes effect upon enactment. 17 Sec. 4. RETROACTIVE APPLICABILITY. This Act applies 18 retroactively to January 1, 2013. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 Under current law, the sales price of tangible personal 23 property or specified digital products sold, or services 24 furnished, to a nonprofit hospital licensed pursuant to Code 25 chapter 135B, are exempt from the sales tax. For purposes of 26 qualifying for the sales tax exemption for nonprofit hospitals, 27 this bill specifies that a “nonprofit hospital licensed 28 pursuant to chapter 135B” includes a group of qualifying 29 organizations acting in concert. 30 The bill requires refunds of taxes, interest, or penalties 31 arising from claims resulting from the enactment of the bill 32 for sales occurring between January 1, 2013, and the effective 33 date of the bill to be filed prior to October 1, 2020. 34 By operation of Code section 423.6, an item exempt from the 35 -1- LSB 6387XC (2) 88 jm/jh 1/ 2
S.F. _____ imposition of the sales tax is also exempt from the use tax 1 imposed in Code section 423.5. 2 The bill takes effect upon enactment, and applies 3 retroactively to January 1, 2013. 4 -2- LSB 6387XC (2) 88 jm/jh 2/ 2