Bill Text: IA HF2470 | 2013-2014 | 85th General Assembly | Introduced


Bill Title: A bill for an act relating to state financial matters, including state sales and use taxes, the natural resources and outdoor recreation trust fund, and the state individual income tax, and including effective date and applicability provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-04-24 - Subcommittee, Windschitl, Isenhart, and Sands. H.J. 800. [HF2470 Detail]

Download: Iowa-2013-HF2470-Introduced.html
House File 2470 - Introduced HOUSE FILE 2470 BY ISENHART A BILL FOR An Act relating to state financial matters, including state 1 sales and use taxes, the natural resources and outdoor 2 recreation trust fund, and the state individual income tax, 3 and including effective date and applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5249YH (9) 85 mm/sc
H.F. 2470 DIVISION I 1 SALES AND USE TAXES AND THE NATURAL RESOURCES AND OUTDOOR 2 RECREATION TRUST FUND 3 Section 1. Section 423.2, subsection 1, unnumbered 4 paragraph 1, Code 2014, is amended to read as follows: 5 There is imposed a tax of six and three-eighths percent upon 6 the sales price of all sales of tangible personal property, 7 consisting of goods, wares, or merchandise, sold at retail in 8 the state to consumers or users except as otherwise provided 9 in this subchapter . 10 Sec. 2. Section 423.2, subsections 2 and 3, Code 2014, are 11 amended to read as follows: 12 2. A tax of six and three-eighths percent is imposed upon 13 the sales price of the sale or furnishing of gas, electricity, 14 water, heat, pay television service, and communication service, 15 including the sales price from such sales by any municipal 16 corporation or joint water utility furnishing gas, electricity, 17 water, heat, pay television service, and communication service 18 to the public in its proprietary capacity, except as otherwise 19 provided in this subchapter , when sold at retail in the state 20 to consumers or users. 21 3. A tax of six and three-eighths percent is imposed upon 22 the sales price of all sales of tickets or admissions to places 23 of amusement, fairs, and athletic events except those of 24 elementary and secondary educational institutions. A tax of 25 six and three-eighths percent is imposed on the sales price of 26 an entry fee or like charge imposed solely for the privilege of 27 participating in an activity at a place of amusement, fair, or 28 athletic event unless the sales price of tickets or admissions 29 charges for observing the same activity are taxable under this 30 subchapter . A tax of six and three-eighths percent is imposed 31 upon that part of private club membership fees or charges paid 32 for the privilege of participating in any athletic sports 33 provided club members. 34 Sec. 3. Section 423.2, subsection 4, paragraph a, Code 2014, 35 -1- LSB 5249YH (9) 85 mm/sc 1/ 7
H.F. 2470 is amended to read as follows: 1 a. A tax of six and three-eighths percent is imposed upon 2 the sales price derived from the operation of all forms of 3 amusement devices and games of skill, games of chance, raffles, 4 and bingo games as defined in chapter 99B , and card game 5 tournaments conducted under section 99B.7B , that are operated 6 or conducted within the state, the tax to be collected from 7 the operator in the same manner as for the collection of taxes 8 upon the sales price of tickets or admission as provided in 9 this section . Nothing in this subsection shall legalize any 10 games of skill or chance or slot-operated devices which are now 11 prohibited by law. 12 Sec. 4. Section 423.2, subsection 5, Code 2014, is amended 13 to read as follows: 14 5. There is imposed a tax of six and three-eighths percent 15 upon the sales price from the furnishing of services as defined 16 in section 423.1 . 17 Sec. 5. Section 423.2, subsection 7, paragraph a, 18 unnumbered paragraph 1, Code 2014, is amended to read as 19 follows: 20 A tax of six and three-eighths percent is imposed upon the 21 sales price from the sales, furnishing, or service of solid 22 waste collection and disposal service. 23 Sec. 6. Section 423.2, subsection 8, paragraph a, Code 2014, 24 is amended to read as follows: 25 a. A tax of six and three-eighths percent is imposed on 26 the sales price from sales of bundled transactions. For the 27 purposes of this subsection , a “bundled transaction” is the 28 retail sale of two or more distinct and identifiable products, 29 except real property and services to real property, which 30 are sold for one nonitemized price. A “bundled transaction” 31 does not include the sale of any products in which the sales 32 price varies, or is negotiable, based on the selection by the 33 purchaser of the products included in the transaction. 34 Sec. 7. Section 423.2, subsection 9, Code 2014, is amended 35 -2- LSB 5249YH (9) 85 mm/sc 2/ 7
H.F. 2470 to read as follows: 1 9. A tax of six and three-eighths percent is imposed upon 2 the sales price from any mobile telecommunications service, 3 including all paging services, that this state is allowed 4 to tax pursuant to the provisions of the federal Mobile 5 Telecommunications Sourcing Act, Pub. L. No. 106-252, 4 U.S.C. 6 § 116 et seq. For purposes of this subsection , taxes on mobile 7 telecommunications service, as defined under the federal Mobile 8 Telecommunications Sourcing Act that are deemed to be provided 9 by the customer’s home service provider, shall be paid to 10 the taxing jurisdiction whose territorial limits encompass 11 the customer’s place of primary use, regardless of where the 12 mobile telecommunications service originates, terminates, 13 or passes through and shall in all other respects be taxed 14 in conformity with the federal Mobile Telecommunications 15 Sourcing Act. All other provisions of the federal Mobile 16 Telecommunications Sourcing Act are adopted by the state of 17 Iowa and incorporated into this subsection by reference. With 18 respect to mobile telecommunications service under the federal 19 Mobile Telecommunications Sourcing Act, the director shall, if 20 requested, enter into agreements consistent with the provisions 21 of the federal Act. 22 Sec. 8. Section 423.2, subsection 11, paragraph b, 23 subparagraph (2), Code 2014, is amended to read as follows: 24 (2) Transfer from the remaining revenues the amounts 25 required under Article VII, section 10, of the Constitution 26 of the State of Iowa to the natural resources and outdoor 27 recreation trust fund created in section 461.31 , if applicable . 28 Sec. 9. Section 423.2, subsection 13, Code 2014, is amended 29 to read as follows: 30 13. The sales tax rate of six and three-eighths percent is 31 reduced to five and three-eighths percent on January 1, 2030. 32 Sec. 10. Section 423.5, subsection 1, unnumbered paragraph 33 1, Code 2014, is amended to read as follows: 34 Except as provided in paragraph “c” , an excise tax at the 35 -3- LSB 5249YH (9) 85 mm/sc 3/ 7
H.F. 2470 rate of six and three-eighths percent of the purchase price or 1 installed purchase price is imposed on the following: 2 Sec. 11. Section 423.5, subsection 5, Code 2014, is amended 3 to read as follows: 4 5. The use tax rate of six and three-eighths percent is 5 reduced to five and three-eighths percent on January 1, 2030. 6 Sec. 12. Section 423.43, subsection 1, paragraph b, Code 7 2014, is amended to read as follows: 8 b. Subsequent to the deposit into the general fund of the 9 state and after the transfer of such pursuant to paragraph “a”, 10 the department shall do the following in the order prescribed: 11 (1) Transfer the revenues collected under chapter 423B , the 12 department shall transfer one-sixth . 13 (2) Transfer fifteen and six thousand eight hundred 14 sixty-three ten-thousandths percent of such remaining revenues 15 to the secure an advanced vision for education fund created in 16 section 423F.2 . This paragraph subparagraph (2) is repealed 17 December 31, 2029. 18 Sec. 13. PURPOSE. The purpose of this division of this Act 19 is to provide for the implementation of Article VII, section 20 10, of the Constitution of the State of Iowa by fully funding 21 the natural resources and outdoor recreation trust fund as 22 created in section 461.31, pursuant to Article VII, section 10, 23 of the Constitution of the State of Iowa. 24 Sec. 14. EFFECTIVE DATE. This division of this Act takes 25 effect on July 1, 2015. 26 DIVISION II 27 INDIVIDUAL INCOME TAXES 28 Sec. 15. Section 422.12, subsection 2, paragraph a, Code 29 2014, is amended by striking the paragraph. 30 Sec. 16. NEW SECTION . 422.12A Personal exemption credits. 31 1. The taxes imposed under this division less the credits 32 allowed under this division except for the credits for withheld 33 tax and estimated tax paid in section 422.16, shall be reduced 34 by a personal exemption credit in the following amounts: 35 -4- LSB 5249YH (9) 85 mm/sc 4/ 7
H.F. 2470 a. For an estate or trust, a single individual, or a married 1 person filing a separate return, ninety-five dollars. 2 b. For a head of household, or a husband and wife filing a 3 joint return, one hundred ninety dollars. 4 c. For each dependent, an additional seventy dollars. 5 d. For a single individual, husband, wife, or head of 6 household, an additional exemption of twenty dollars for each 7 of said individuals who has attained the age of sixty-five 8 years before the close of the tax year or on the first day 9 following the end of the tax year. 10 e. For a single individual, husband, wife, or head of 11 household, an additional exemption of twenty dollars for each 12 of said individuals who is blind at the close of the tax year. 13 For the purposes of this subparagraph, an individual is blind 14 only if the individual’s central visual acuity does not exceed 15 twenty-two hundredths in the better eye with correcting lenses, 16 or if the individual’s visual acuity is greater than twenty-two 17 hundredths but is accompanied by a limitation in the fields 18 of vision such that the widest diameter of the visual field 19 subtends an angle no greater than twenty degrees. 20 2. Any credit in excess of the tax liability is refundable. 21 However, for nonresidents or part-year residents the amount of 22 the credit in excess of the tax liability that may be refunded 23 shall be in the ratio of their Iowa source net income to their 24 all source net income under rules prescribed by the director. 25 3. For purposes of this section, “dependent” has the same 26 meaning as provided by the Internal Revenue Code. 27 Sec. 17. EFFECTIVE DATE. This division of this Act takes 28 effect January 1, 2015. 29 Sec. 18. APPLICABILITY. This division of this Act applies 30 to tax years beginning on or after January 1, 2015. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 DIVISION I —— SALES AND USE TAXES. Division I relates to 35 -5- LSB 5249YH (9) 85 mm/sc 5/ 7
H.F. 2470 state sales and use taxes and to an amendment to the Iowa 1 Constitution ratified on November 2, 2010, which created a 2 natural resources and outdoor recreation trust fund (fund) 3 and dedicated a portion of state revenues to the fund for 4 the purposes of protecting and enhancing water quality and 5 natural areas in the state including parks, trails, and fish 6 and wildlife habitat, and conserving agricultural soils in 7 the state (Article VII, section 10). The fund is codified in 8 Code section 461.31. Pursuant to the amendment, the amount 9 credited to the fund will be equal to the amount generated 10 by an increase in the state sales tax rate occurring after 11 the effective date of the constitutional amendment, but shall 12 not exceed the amount that a state sales tax rate of 0.375 13 percent would generate. The state sales tax rate has not 14 been increased since the effective date of the constitutional 15 amendment, so no amounts have been credited to the fund. The 16 division increases from 6 percent to 6.375 percent the state 17 sales tax rate and the state use tax rate, and provides for 18 the transfer of sales tax revenues to the fund. The division 19 also amends the transfer of use tax revenues to the secure 20 an advanced vision for education fund (SAVE) in Code section 21 423F.2 from 1/6th (approximately 16.66 percent) of the revenues 22 to 15.6863 percent of the revenues to ensure that SAVE receives 23 approximately the same proportion of the total use tax revenue 24 as it did prior to the use tax rate increase provided in the 25 division. 26 The division takes effect July 1, 2015. 27 DIVISION II —— INDIVIDUAL INCOME TAXES. Division II relates 28 to the individual income by increasing the personal exemption 29 credit and by making the credit refundable. Under current 30 law, the personal exemption credit, which is a composite of 31 five separate credits, is nonrefundable and may not exceed 32 the computed tax. The division increases from $40 to $95 the 33 personal exemption credit for an estate or trust, a single 34 individual, or a married person filing a separate return; 35 -6- LSB 5249YH (9) 85 mm/sc 6/ 7
H.F. 2470 increases from $80 to $190 the personal exemption credit for a 1 head of household, or a husband and wife filing a joint return; 2 and increases from $40 to $70 the additional exemption credit 3 for each dependent of the taxpayer. The division makes these 4 credits, as well as the existing additional exemption credits 5 of $20 for an individual who is at least 65 years of age and 6 $20 for a blind individual, refundable to the extent they 7 exceed the tax remaining after subtracting all refundable and 8 nonrefundable credits except the credits for withheld tax and 9 estimated tax paid. However, for a nonresident or part-year 10 resident, the amount of the credit in excess of the tax 11 liability that shall be refunded is in the proportion that the 12 taxpayer’s net income allocated to Iowa bears to the taxpayer’s 13 total net income, under rules to be prescribed by the director 14 of revenue. 15 The division takes effect January 1, 2015, and applies to tax 16 years beginning on or after that date. 17 -7- LSB 5249YH (9) 85 mm/sc 7/ 7
feedback