reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 261 - Liquefied Petroleum Gas-compressed Natural Gas-liquefied Natural Gas › Rule 701-261.15 - Notice of Meter Seal Breakage

Current through Register Vol. 47, No. 3, July 24, 2024
Whenever a meter is required under Iowa Code chapter 452A,
				  pursuant to the director's power granted under Iowa Code section
				  452A.59,
				  and said meter is required to be sealed by Iowa Code chapter 452A, (C.N.G. or
				  L.P.G. dealer and user meters) the department must be notified within 24 hours
				  of the breaking of the seal for any reason. Notice shall contain, but not be
				  limited to, the following information:
1. The name, address, and license number of
				the person who controls the meter.
2. The meter number.
3. The type of fuel pumped through the
				meter.
4. The date of seal
				breakage.
5. The name and address
				of the person(s) responsible for the seal breakage.
6. The reason for seal breakage.
7. The meter reading before seal
				breakage.
8. The meter reading
				after the meter is resealed.
9. The
				signature of the person who controls the meter.
For reporting purposes, the meter shall be considered two
				  meters, one before the seal breakage and one after, and should be reported on
				  that basis, noting the seal breakage on the return. The meter readings of the
				  meter before the seal breakage shall be reported by meter number as usual. The
				  meter readings after the meter was resealed shall be reported by using the
				  meter number plus the letter "A." The two readings must appear on the same
				  return schedule.
This rule is intended to implement Iowa Code sections
				  452A.3 and
				  452A.8
				  as amended by 1999 Iowa Acts, Senate File 136, and Iowa Code sections
				  452A.59
				  and
				  452A.62.
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 261 - Liquefied Petroleum Gas-compressed Natural Gas-liquefied Natural Gas › Rule 701-261.16 - Location of Records-l.p.g. or C.n.g. Users and Dealers

Current through Register Vol. 47, No. 3, July 24, 2024
The records required to be prepared and kept by L.P.G. or
				  C.N.G. dealers and users under Iowa Code section
				  452A.10 and
				  701-subrule 67.3(5) must be maintained at the location that appears on the
				  license unless the following conditions are met:
(1) If the licensee has more than one
				license, all of the records for each separate license may be kept at a central
				location so long as the records for each license are kept separated.
(2) The central location where the records
				are kept is within the state unless:
a. The
				licensee agrees to bring the records back into the state when requested to do
				so by the department for purposes of audit, or
b. The licensee agrees to pay the cost (as
				defined in rule 701-67.4 (452A)) ofan
				out-of-state audit. This rule is intended to implement Iowa Code sections
				452A.10 and
				452A.74(2).
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 262 - Electric Fuel Excise Tax › Rule 701-262.1 - Tax Imposed

Current through Register Vol. 47, No. 3, July 24, 2024
Electric fuel excise tax must be remitted to the department
				  by a licensed electric fuel dealer or licensed electric fuel user regardless of
				  whether the licensed electric fuel dealer or licensed electric fuel user sells
				  the fuel or gives the fuel to customers for no charge. This tax shall be
				  calculated based on the kilowatt-hours of electric fuel delivered.
This rule is intended to implement Iowa Code section
				  452A.41.
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 262 - Electric Fuel Excise Tax › Rule 701-262.3 - Filing of Returns and Payment of Tax

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Required information on returns.
Licensed dealers and users of
				electric fuel must file with the department a biannual electric fuel excise tax
				return showing for each location where electric fuel is placed into the battery
				or other storage device of an electric vehicle the following information:
a. The name and license number of the entity
				that owns the charging facility.
b.
				In the case of a sole proprietorship, the individual owner's name.
c. In the case of a partnership, the names of
				all partners.
d. The location of
				the facility.
e. Total number of
				kilowatt-hours delivered or placed into the battery or other storage device of
				an electric vehicle.
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 262 - Electric Fuel Excise Tax › Rule 701-262.4 - Charging Station Verification and Testing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Reporting of kilowatt-hours.
a. Licensed dealers and users may rely upon
				the following methods to determine kilowatt-hours sold for reporting on a
				return:
(1) Electric meters on which only
				electricity sold as electric fuel is measured.
(2) Software included in a charging station
				that tracks kilowatt-hours that flow through the station.
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 262 - Electric Fuel Excise Tax › Rule 701-262.5 - Refunds

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Filing
				of refund claim.
Taxpayers seeking to claim a refund of electric fuel
				tax must obtain a refund permit pursuant to Iowa Code section
				452A.44. Because returns will be
				filed and tax paid on a biannual basis, refund claims may be filed and will
				only be processed on a biannual basis after the tax period for which the refund
				is sought has closed.
(2)
Sales tax.
Electric fuel used in an exempt manner may be
				subject to sales tax. Rule
				701-260.13 (452A) contains more
				information regarding reductions in refunds due to the applicability of sales
				or use tax on exempt electric fuel sales.
(3)
International Fuel Tax Agreement
				refunds not impacted.
This refund process is separate and independent
				from any refund process authorized under 761-Chapter 505 related to the
				International Fuel Tax Agreement.
This rule is intended to implement Iowa Code section
				  452A.44.
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 262 - Electric Fuel Excise Tax › Rule 701-262.6 - Exemption Certificates

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If electric
				fuel is sold or dispensed for a nontaxable purpose, the purchaser may complete
				and provide an exemption certificate produced by the department to the license
				holder. The certificate is to be retained by the license holder consistent with
				Iowa Code section 452A.43.
(2) The exemption certificate must include
				but not be limited to the following information:
a. The date.
b. The license holder's name.
c. The license holder's electric fuel dealer
				or electric fuel user license number applicable to the sale.
d. The invoice number covering the fuel sold
				if it is sold by an electric fuel dealer.
e. An indication of the use to which the fuel
				will be put.
f. The name, address,
				and signature of the purchaser.
This rule is intended to implement Iowa Code sections
				  452A.17 and
				  452A.43.
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 270 - Local Option Sales and Services Tax › Rule 701-270.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Incorporation of definitions.
To the extent it is consistent
				with Iowa Code chapter 423B and this chapter, all other words and phrases used
				in this chapter shall mean the same as defined in Iowa Code section
				423.1 and chapter 423B and rule
				701-200.1(423).
(2)
Chapter-specific definitions.
For purposes of this chapter,
				unless the context otherwise requires:
"City"
means the same as defined in Iowa
				  Code section 362.2(4).
"Local option tax"
or
"local option
				  taxes"
means the taxes imposed by Iowa Code chapter 423B.
"Most recent certified federal census"
means
				  the final count from the most recent decennial census conducted by the United
				  States Department of Commerce, Bureau of the Census, as modified by subsequent
				  certifications from the Bureau of the Census. If a subsequent certified census
				  occurs that modifies the "most recent certified federal census" for a
				  participating jurisdiction, then the formula set forth in this rule for
				  computations for distribution of the tax shall reflect any population
				  adjustments reported by the subsequent certified census.
"Unincorporated area of the county"
means
				  all areas ofa county that are outside the corporate limits of all cities that
				  are located within the geographical area of the county.
This rule is intended to implement Iowa Code section
				  423B.7.
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 270 - Local Option Sales and Services Tax › Rule 701-270.2 - Imposition of Local Option Taxes and Notification to the Department

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes notification and other requirements as
				  related to the department. More information on election forms and instructions
				  can be found in 721-Chapter 21.
(1)
Notice to the department.
Within ten days of the election at
				which a majority of those voting on the question of imposition, repeal, or
				change in the rate of tax vote in favor, the county auditor must give notice of
				the election results to the director by sending a copy of the abstract of votes
				and a copy of the sample ballot from the election.
(2)
Avoiding a lapse in tax due to
				expiration of a former local option tax.
A jurisdiction that has a
				local option tax that is set to expire may vote to impose another local option
				tax. However, due to the required imposition dates previously set forth, there
				may be a lapse in the tax because ofan expiration of the former local option
				tax and the required imposition dates for imposition of a local option tax. A
				local option jurisdiction may avoid a lapse in local option tax. To avoid a
				lapse in the tax, a jurisdiction may place on the ballot that the new local
				option tax will continue without repeal of the prior tax. If the required vote
				is in favor of imposition of the local option tax, the continued local option
				tax can be imposed so there is no lapse in the tax.
This rule is intended to implement Iowa Code section
				  423B.6.
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 270 - Local Option Sales and Services Tax › Rule 701-270.3 - Administration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Generally.
The department is charged with the administration
				of the tax, once imposed, and must administer the tax as nearly as possible in
				conjunction with the administration of the state sales tax.
(2)
Incorporation of 701-Chapter
				11.
Except as otherwise stated in this chapter, the requirements of
				701-Chapter 11 apply to retailers required to collect local option taxes in the
				same manner that those requirements apply to all sellers and retailers making
				sales subject to state sales tax.
This rule is intended to implement Iowa Code section
				  423B.6.
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 270 - Local Option Sales and Services Tax › Rule 701-270.4 - Filing Returns; Payment of Tax; Penalty and Interest

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Incorporation of 701-Chapter 202.
Except as otherwise stated
				in this chapter, the requirements of 701-Chapter 202 apply to retailers
				required to collect local option tax in the same manner as those requirements
				apply to all sellers and retailers making sales subject to state sales
				tax.
(2)
Local tax
				collections not included to determine filing frequency.
Local option
				tax collections are included in computation of the total tax to determine
				frequency of filing under Iowa Code section
				423.31.
This rule is intended to implement Iowa Code section
				  423B.6.
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 270 - Local Option Sales and Services Tax › Rule 701-270.5 - Permits

Current through Register Vol. 47, No. 3, July 24, 2024
Except as otherwise stated in this chapter, the requirements
				  of 701-Chapter 201 apply to retailers required to collect local option tax in
				  the same manner that those requirements apply to all sellers and retailers
				  making sales subject to state sales tax.
This rule is intended to implement Iowa Code section
				  423B.6.
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 270 - Local Option Sales and Services Tax › Rule 701-270.6 - Sales Subject to Local Option Sales and Services Tax

Current through Register Vol. 47, No. 3, July 24, 2024
All sales subject to sales tax under Iowa Code chapter 423
				  are subject to local option sales and services tax. There is no local option
				  use tax.
(1)
Sourcing.
The general sourcing rules described in Iowa Code
				section 423.15 and 701-Chapter 205 are
				used to determine whether a sale is subject to local option taxes and, if so,
				in what jurisdiction. A local sales and services tax is not applicable to
				transactions sourced to a place of business, as defined in Iowa Code section
				423.1, of a retailer if such
				place of business is located in part within a city or unincorporated area of
				the county where the tax is not imposed.
(2)
Sellers responsible for
				collecting local option sales and services tax.
Sales sourced to Iowa
				and made by sellers subject to Iowa Code section
				423.1(48)  or
				423.14A are subject to local
				option sales and services tax.
This rule is intended to implement Iowa Code section
				  423B.5(1).
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 270 - Local Option Sales and Services Tax › Rule 701-270.7 - Sales Not Subject to Local Option Tax, Including Transactions Subject to Iowa Use Tax

Current through Register Vol. 47, No. 3, July 24, 2024
The local option sales and services tax is imposed upon the
				  same basis as the Iowa state sales and services tax, with the following
				  exceptions:
1. Local option tax is not
				imposed on the sales price from the sale of tangible personal property and
				services that are excluded from local option tax as described in Iowa Code
				section 423B.5(1).
2. A local taxing jurisdiction is prohibited
				from taxing the sales price from a pay television service consisting of a
				direct-to-home satellite service to the extent precluded by Section 602 of the
				Telecommunications Act of 1996. A "local taxing jurisdiction" is any
				municipality, city, county, township, parish, transportation district, or
				assessment jurisdiction, or any other local jurisdiction in the territorial
				jurisdiction of the United States, with the authority to impose a tax or fee,
				but does not include a state.
3.
				Sales subject to Iowa use tax. Since the local option tax is imposed only on
				the same basis and not on any greater basis than the Iowa sales and services
				tax, local option tax is not imposed on any transactions subject to Iowa use
				tax, including the one-time registration fee applicable to vehicles subject to
				registration or subject only to the issuance of a certificate of title. Also,
				exemptions that are applicable only to Iowa use tax cannot be claimed to exempt
				any transaction subject to local option sales tax.
This rule is intended to implement Iowa Code section
				  423B.5.
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 270 - Local Option Sales and Services Tax › Rule 701-270.9 - Allocation Procedure When Sourcing of Local Option Sales Tax Remitted to the Department Is Unknown

Current through Register Vol. 47, No. 3, July 24, 2024
If the director is unable to determine from which county
				  local option sales tax was collected, that local option sales tax shall be
				  allocated among the various counties in which local option sales and services
				  tax is imposed according to the following procedure:
1. The calculations performed under this
				procedure shall be performed at least quarterly, but in no event less often
				than the treasurer of the state is obligated to distribute shares of each
				county's account in the local sales and services tax fund.
2. The total amount of receipts for which the
				director is unable to determine a county of collection that have accumulated
				since the last allocation of these receipts shall be added together to form one
				lump sum.
3. The amount of
				population (according to the most recent certified federal census) within the
				areas of each individual county in which a local option sales and services tax
				is imposed shall be determined.
4.
				The amount of population so determined in numbered paragraph "3" above for each
				county shall be added to the amount for every other county in Iowa in which the
				local option sales and services tax is imposed, until the figure for the amount
				of population of all areas of Iowa in which the local option sales and services
				tax is imposed is determined.
5.
				The sum determined to exist in numbered paragraph "2" above shall be multiplied
				by a fraction, the numerator of which is the population of any one county
				determined in numbered paragraph "3" above and the denominator of which is the
				number calculated by the method described in numbered paragraph "4." The
				procedure described herein in numbered paragraph "5" shall be used until the
				amount of tax due to every county imposing local option sales and services tax
				is calculated. After calculations are complete, the treasurer of the state must
				distribute shares of each county's account in the local sales and services tax
				fund. Characterization of the term "most recent certified federal census" can
				be found in rule 701-270.1 (423B), and methods of
				rounding off percentages and monetary sums can be found in rule
				701-270.8 (423B).
This rule is intended to implement Iowa Code section
				  423B.7(1).
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 270 - Local Option Sales and Services Tax › Rule 701-270.10 - Application of Payments

Current through Register Vol. 47, No. 3, July 24, 2024
Since a combined state sales and local option return is
				  utilized by the department, all payments received will be applied to satisfy
				  state sales tax and local option sales and services tax, which include tax,
				  penalty and interest. Application of payments received with the tax return and
				  any subsequent payments received will be applied based on a ratio formula,
				  unless properly designated by the taxpayer as provided in Iowa Code section
				  421.60(2)
"d."
The ratio for applying all payments received with the
				  return and all subsequent payments for the given tax period will be based upon
				  the calculated total of state sales and local option sales and services tax due
				  for the given tax period in relation to combined total payment of sales and
				  local option sales and services tax actually received for that tax
				  period.
This rule is intended to implement Iowa Code section
				  423B.7.
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 272 - Flood Mitigation Program › Rule 701-272.1 - Flood Mitigation Program

Current through Register Vol. 47, No. 3, July 24, 2024
The flood mitigation program is a program administered by the
				  flood mitigation board with the assistance of the Iowa department of homeland
				  security and emergency management to assist governmental entities in
				  undertaking projects approved under Iowa Code chapter 418. This chapter sets
				  forth the revenue department's administration of the calculation of sales tax
				  increment funding and the remittance of such funding to governmental entities.
				  The administrative rules for other aspects of the flood mitigation program may
				  be found at 605-Chapter 14.
This rule is intended to implement Iowa Code chapter 418 and
				  section
				  423.2(11).
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 272 - Flood Mitigation Program › Rule 701-272.1 - Flood Mitigation Program

Current through Register Vol. 47, No. 3, July 24, 2024
Iowa Code chapter 418 authorizes and governs the flood
				  mitigation program to assist governmental entities in undertaking approved
				  projects. This chapter sets forth rules for the department of revenue's
				  administration of the calculation and remittance of the sales tax increment
				  funding. The Iowa department of homeland security and emergency management's
				  administrative rules for other aspects of this program are found at 605-Chapter
				  14.
This rule is intended to implement Iowa Code chapter 418 and
				  sections 423.2(11),
				  423.2A(2)  and
				  423.2A(3).
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 272 - Flood Mitigation Program › Rule 701-272.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Area"
means the area used to determine the
				  sales tax increment as described in subrule 238.3(2).
"Base year"
means the fiscal year ending
				  during the calendar year in which the governmental entity's project is approved
				  by the flood mitigation board under Iowa Code section
				  418.1.
"Board"
means the flood mitigation board as
				  created in Iowa Code section
				  418.5.
"Corresponding quarter"
means the quarter in
				  the base year and the quarter in the year in which the increment is measured
				  that end in the same month. For example, if the base year is fiscal year 2013
				  and the year in which the increment is first measured is 2014, then the quarter
				  ending in September 2012 of the base year would correspond to the quarter
				  ending in September 2014 of the calendar year.
"Department"
means the Iowa department of
				  revenue.
"Governmental entity"
means any of the
				  following:
1. A county.
2. A city.
3. A joint board or other legal or administrative entity
				  established or designated in an agreement pursuant to Iowa Code chapter 28E
				  between any of the following:
* Two or more cities located in whole or in part within the
				  same county.
* A county and one or more cities that are located in whole
				  or in part within the county.
* A county, one or more cities that are located in whole or
				  in part within the county, anda drainage district formed by mutual agreement
				  under Iowa Code section
				  468.142
				  located in whole or in part within the county.
"Project"
means the construction and
				  reconstruction of levees, embankments, impounding reservoirs, or conduits that
				  are necessary for the protection of property from the effects of floodwaters
				  and may include the deepening, widening, alteration, change, diversion, or
				  other improvement of watercourses if necessary for the protection of such
				  property from the effects of floodwaters. A project may consist of one or more
				  phases of construction or reconstruction that are contracted for separately if
				  the larger project, of which the project is a part, otherwise meets the
				  requirements of Iowa Code section
				  418.4.
"Retail establishment"
means a business
				  operated by a retailer as defined in Iowa Code section
				  423.1.
"Sales subject to the tax"
means the sales
				  made by retail establishments in the area that are taxable under Iowa Code
				  section
				  423.2.
"Sales tax"
means the sales and services tax
				  imposed pursuant to Iowa Code section
				  423.2.
This rule is intended to implement Iowa Code section
				  418.1.
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 272 - Flood Mitigation Program › Rule 701-272.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter, terms mean the same as defined
				  in Iowa Code chapter 418. Additionally, the following definitions apply:
"Corresponding quarter"
means the quarter in
				  the base year and the quarter in the year in which the increment is measured
				  that end in the same month. For example, if the base year is fiscal year 2013
				  and the year in which the increment is first measured is 2014, then the quarter
				  ending in September 2012 of the base year would correspond to the quarter
				  ending in September 2014 of the calendar year.
"Department"
means the Iowa department of
				  revenue.
This rule is intended to implement Iowa Code section
				  418.1.
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 272 - Flood Mitigation Program › Rule 701-272.3 - Sales Tax Increment Calculation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Sales tax increment calculation
				formula.
The department shall calculate quarterly the amount of
				increased sales tax revenues for each governmental entity approved to use sales
				tax increment revenues and the amount of such revenues to be transferred to the
				sales tax increment fund pursuant to Iowa Code section
				423.2(11)
"b."
The department shall calculate the amount of the sales tax increment as
				follows:
a. Determine the amount of sales
				subject to the tax under Iowa Code section
				423.2 in each
				applicable area specified in subrule 238.3(2) during the corresponding quarter
				in the base year from retail establishments in such areas. The base year shall
				be calculated when the period for processing returns for the final quarter in
				the base year is complete.
b.
				Determine the amount of sales subject to the tax under Iowa Code section
				423.2 in each
				applicable area specified in subrule 238.3(2) during the corresponding quarter
				in each subsequent calendar year from retail establishments in such
				areas.
c. Subtract the base year
				quarterly amount determined under paragraph 238.3(1)
"a"
from
				the subsequent calendar year quarterly amount in paragraph
				238.3(1)
"b."
d. If
				the amount determined under paragraph 238.3(1)
"c"
is positive,
				the product of the amount determined under paragraph
				238.3(1)
"c"
multiplied by the tax rate imposed under Iowa Code
				section
				423.2 shall
				constitute the amount of increased sales tax revenue.
e. Only sales that are made by retail
				establishments in the area are taken into consideration when the sales subject
				to tax are determined. Sales otherwise sourced to the area are not considered
				in the calculation.
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 272 - Flood Mitigation Program › Rule 701-272.3 - Sales Tax Increment Calculation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Sales tax increment calculation
				formula.
The department will calculate quarterly the amount of the
				sales tax increment as described in Iowa Code section
				418.11(2). To
				do so, the department will determine the base year for the flood mitigation
				project when the period for processing returns for the final quarter in the
				base year is complete.
(2)
Sales considered within the calculation formula.
Only sales
				that are made by retail establishments in the area are taken into consideration
				when the sales subject to tax are determined. Sales otherwise sourced to the
				area are not considered in the calculation.
(3)
Identification of
				retailers.
Each governmental entity that has established a project
				under Iowa Code chapter 418 must notify the department of retail establishments
				in the governmental entity's applicable area that are collecting sales tax as
				soon as possible. This process shall be ongoing until the governmental entity
				ceases to utilize sales tax revenue under Iowa Code chapter 418.
This rule is intended to implement Iowa Code sections 418.11
				  and 423.2A(2).
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 272 - Flood Mitigation Program › Rule 701-272.4 - Sales Tax Increment Fund

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Deposits.
For each governmental entity that establishes a
				flood mitigation project under Iowa Code chapter 418, the department will
				deposit collected funds into each applicable area's sales tax increment fund as
				described in Iowa Code section
				418.12(3).
				Additionally, moneys will not be deposited in the fund before the period for
				processing returns is complete.
(2)
Requests for remittances; limitations.
a. Each quarter, the department will transfer
				into the sales tax increment fund the full amount of the increased sales tax
				subject to the limitations described in Iowa Code section
				418.12(4)
"a."
The director of the department may adjust the
				amount transferred during the year if it becomes apparent that the total amount
				transferred will exceed the limitations stated in this rule. If, when the total
				of all of the transfers made to a governmental entity during the year is
				calculated at the end of the fiscal year, it is determined that the
				governmental entity received more than the maximum amount permissible under
				this rule, the department may withhold funds in the subsequent fiscal year to
				recoup the excess payments.
b. If
				the governmental entity has unused funds from a prior quarter in its account
				within the sales tax increment fund, subject to the limitations in Iowa Code
				section 418.12(4)
"a,"
those funds will be available in
				subsequent quarters so long as the amount is necessary for the purposes of this
				chapter.
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 272 - Flood Mitigation Program › Rule 701-272.5 - Administrative Fee

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Administrative fee.
Pursuant to Iowa Code section
				423.2A(3), the
				department will retain an administrative fee from the amount it would otherwise
				distribute to the flood mitigation program.
(2)
Amount retained.
The
				amount retained each quarter will be the total of the prorated shares amongst
				all projects in both the flood mitigation program and the reinvestment
				districts program authorized under Iowa Code chapter 15J.
(3)
Prorated share.
Each
				entity's prorated share of the administrative fee for each quarter will be
				calculated as follows:
Flood mitigation entity's distribution for the quarter/Total
				  distributions of both the flood mitigation and reinvestment districts for the
				  quarter x Either $25,000 or the department's actual expenses, whichever is
				  less
This rule is intended to implement Iowa Code section
				  423.2A(3).
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 273 - Reinvestment Districts Program › Rule 701-273.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The economic development authority board is authorized by the
				  general assembly and the governor to oversee the implementation and
				  administration of certain provisions of a new economic development program
				  known as the Iowa reinvestment Act, which was enacted in 2013 Iowa Acts, House
				  File 641. The program provides for as much as $100 million in state hotel and
				  motel and state sales tax revenues from new revenue-generating projects in
				  certain districts to be reinvested within those districts. In general, the
				  economic development authority has the responsibility to evaluate projects and
				  make funding decisions, while the department of revenue has the responsibility
				  for collecting the tax revenues used to fund projects under the program and
				  making payments to municipalities. This chapter sets forth the department of
				  revenue's administration of the calculation of the state sales tax and hotel
				  and motel tax funding and the remittance of such funding to governmental
				  entities. The administrative rules for other aspects of the Iowa reinvestment
				  Act may be found in the economic development authority's rules at 261-Chapter
				  200.
This rule is intended to implement Iowa Code chapter
				  15J.
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 273 - Reinvestment Districts Program › Rule 701-273.1 - Purpose and Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The Iowa reinvestment Act provides for the reinvestment of as
				  much as $100 million in state hotel and motel and state sales tax revenues from
				  revenue-generating projects within certain districts. The economic development
				  authority board is authorized to oversee the implementation and administration
				  of certain provisions of this program, including evaluating projects and making
				  funding decisions. This chapter sets forth rules for the department of
				  revenue's administration of the calculation, collection, and remittance of
				  funds for this program. The economic development authority board's
				  administrative rules about this program are found in 261-Chapter 200. Terms
				  mean the same as defined in Iowa Code chapter 15J.
This rule is intended to implement Iowa Code chapter
				  15J.
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 273 - Reinvestment Districts Program › Rule 701-273.2 - New State Tax Revenue Calculations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
State sales tax.
For
				districts established before July 1, 2020, the department will calculate the
				state sales tax revenues as described in Iowa Code section
				15J.5(1)
"b"
(1). For those established on or after July 1,
				2020, the calculations are as described in Iowa Code section
				15J.5(1)
"b"
(2).
(2)
State hotel and motel
				tax.
For districts established before July 1, 2020, the department
				will calculate the state hotel and motel tax revenues as described in Iowa Code
				section 15J.5(2)
"b"
(1). For those established on or after July 1, 2020, the
				calculations are as described in Iowa Code section
				15J.5(2)
"b"
(2).
(3)
Identification of new retail establishments and lessors.
Each
				municipality that has established a district under Iowa Code chapter 15J must
				notify the department of new retail establishments and lessors in the district
				that are created as soon as possible. This process shall be ongoing until the
				municipality ceases to utilize state sales tax revenue or state hotel and motel
				tax revenue under this chapter or the district is dissolved.
This rule is intended to implement Iowa Code sections
				  15J.5,
				  423.2(11)  and
				  423A.6.
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 273 - Reinvestment Districts Program › Rule 701-273.3 - New State Tax Revenue Calculations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
State sales tax
				calculation.
The department shall calculate quarterly the amount of
				new state sales tax revenues for each district established in the state to be
				deposited in the state reinvestment district fund, subject to remittance
				limitations established by the board.
The amount of new state sales tax revenue for purposes of
				  this subrule shall be the product of the amount of sales subject to the state
				  sales tax in the district during the quarter from "new retail establishments,"
				  as defined in rule 701-237.2 (15J), multiplied by 4
				  percent.
(2)
State
				hotel and motel tax calculation.
Pursuant to Iowa Code section
				423A.6,
				the department shall calculate quarterly the amount of new state hotel and
				motel tax revenues for each district established in the state to be deposited
				in the state reinvestment district fund created in Iowa Code section
				15J.6,
				subject to remittance limitations established by the board pursuant to Iowa
				Code section 15J.4, subsection 3.
The amount of new state hotel and motel tax revenue for
				  purposes of this subrule shall be the product of the amount of sales subject to
				  the state hotel and motel tax in the district during the quarter from "new
				  lessors," as defined in rule
				  701-237.2 (15J), multiplied by
				  the state hotel and motel tax rate imposed under Iowa Code section
				  423A.3.
(3)
Identification of new retail
				establishments and new lessors.
Each municipality that has established
				a district under this chapter shall assist the department in identifying new
				retail establishments in the district that are collecting state sales tax and
				new lessors in the district that are collecting state hotel and motel tax. This
				process shall be ongoing until the municipality ceases to utilize state sales
				tax revenue or state hotel and motel tax revenue under this chapter or the
				district is dissolved.
This rule is intended to implement Iowa Code sections
				  15J.5,
				  423.2(11)
				   and
				  423A.6.
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 273 - Reinvestment Districts Program › Rule 701-273.3 - State Reinvestment District Fund

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Deposits.
The department
				shall deposit moneys into the appropriate district fund as described in Iowa
				Code section 15J.6; however, moneys shall not
				be deposited in the fund before the period for processing returns is
				complete.
(2)
Late-filed
				returns.
Moneys described in Iowa Code section
				15J.6 that are collected from
				late-filed returns shall be deposited in the fund. Such moneys shall be
				deposited following the period for processing returns for the quarter in which
				the late return is received, subject to the limitations of Iowa Code chapter
				15J.
(3)
Refund
				claims.
If the moneys described in Iowa Code section
				15J.6 are the subject of a
				refund claim and that claim is granted by the department, the department may
				offset any refund at a later date against funds remitted to the district in
				which the new retail establishment or new lessor that had remitted the refunded
				tax amount is located.
This rule is intended to implement Iowa Code section
				  15J.6.
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 273 - Reinvestment Districts Program › Rule 701-273.4 - State Reinvestment District Fund

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Establishment of the
				fund.
A state reinvestment district fund is established in the state
				treasury under the control of the department consisting of the new state sales
				tax revenues collected within each district and deposited in the fund pursuant
				to Iowa Code section
				423.2, subsection 11,
				paragraph
"b,"
and the new state hotel and motel tax revenues
				collected within each district and deposited in the fund pursuant to Iowa Code
				section
				423A.6.
				Moneys deposited in the fund are appropriated to the department for the
				purposes of remittance of moneys to municipalities as set forth in subrule
				237.4(3). Moneys in the fund shall only be used as set forth in economic
				development authority rule
				261-200.8 (15J).
(2)
District accounts.
A
				district account is created within the fund for each district created by a
				municipality under Iowa Code chapter 15J.
(3)
Timing of deposits.
The
				department shall deposit the moneys described in subrule 237.4(1) that were
				collected in a quarter beginning on or after the district's commencement date
				into the appropriate district account in the fund. However, moneys shall not be
				deposited in the fund before the period for processing returns for the quarter
				is complete.
(4)
Late-filed
				returns.
Moneys described in subrule 237.4(1) that are collected from
				late-filed returns shall be deposited in the fund. Such moneys shall be
				deposited following the period for processing returns for the quarter in which
				the late return is received, subject to the limitations of Iowa Code chapter
				15J.
(5)
Reinvestment
				project fund deposits.
All moneys in each district account within the
				fund shall be remitted quarterly by the department to the municipality that
				established the district for deposit in the municipality's reinvestment project
				fund described in rule
				701-237.5 (15J).
(6)
Refund claims.
If the
				moneys described in subrule 237.4(1) are the subject of a refund claim and that
				claim is granted by the department, the department may offset any refund at a
				later date against funds remitted to the district in which the new retail
				establishment or new lessor that had remitted the refunded tax amount is
				located.
This rule is intended to implement Iowa Code section
				  15J.6.
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 273 - Reinvestment Districts Program › Rule 701-273.4 - Reinvestment Project Fund

Current through Register Vol. 47, No. 3, July 24, 2024
State sales tax revenue and state hotel and motel tax revenue
				  will be remitted by the department and deposited into reinvestment project
				  funds as described in Iowa Code section
				  15J.7. Moneys deposited in the
				  fund shall only be used to fund projects as described in Iowa Code section
				  15J.7(1)  and
				  not those projects described in Iowa Code section
				  15J.7(4).
This rule is intended to implement Iowa Code section
				  15J.7.
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 273 - Reinvestment Districts Program › Rule 701-273.5 - End of Deposits-district Dissolution

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Cessation of deposits.
a. The department shall cease to deposit
				state sales tax revenues and state hotel and motel revenues once the
				limitations described in either Iowa Code section
				15J.8(1)  or
				15J.8(2)  are
				met.
b. The department shall cease
				to deposit new tax revenues into a district's account within the fund once the
				maximum benefit amount approved by the board for the district has been reached.
				If a district reaches the maximum benefit amount, the department shall notify
				the municipality and the board within a reasonable amount of time.
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 273 - Reinvestment Districts Program › Rule 701-273.6 - End of Deposits-district Dissolution

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Cessation of deposits.
As of the date 20 years after the district's commencement date, the department
				shall cease to deposit state sales tax revenues and state hotel and motel tax
				revenues into the district's account within the fund, unless the municipality
				dissolves the district by ordinance prior to that date. Once the maximum
				benefit amount approved by the board for the district has been reached, the
				department will cease to deposit new tax revenues into the district's account
				within the fund. If a district reaches the maximum benefit amount, the
				department shall notify the municipality and the board within a reasonable
				amount of time.
(2)
District dissolution.
If the municipality dissolves the
				district by ordinance prior to the expiration of the 20-year period, the
				municipality shall notify the director of revenue of the dissolution by
				certified mail as soon as practicable after adoption of the ordinance, and the
				department shall, as of the effective date of dissolution, cease to deposit
				state sales tax revenues and state hotel and motel tax revenues into the
				district's account within the fund. If a municipality is notified that its
				maximum benefit amount has been reached, the municipality shall dissolve the
				district by ordinance as soon as practicable after notification.
This rule is intended to implement Iowa Code section
				  15J.8.
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 273 - Reinvestment Districts Program › Rule 701-273.6 - Administrative Fee

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Administrative fee.
Pursuant to Iowa Code section
				423.2A(3), the
				department will retain an administrative fee from the amount it would otherwise
				distribute to the reinvestment district program.
(2)
Amount retained.
The
				amount retained each quarter will be the total of the prorated shares amongst
				all projects in both the reinvestment districts programs and the flood
				mitigation program authorized under Iowa Code chapter 418.
(3)
Prorated share.
Each
				entity's prorated share of the administrative fee for each quarter will be
				calculated as follows:
Reinvestment district entity's distribution for the
				  quarter/Total distributions of both the flood mitigation and reinvestment
				  districts for the quarter x Either $25,000 or the department's actual expenses,
				  whichever is less
This rule is intended to implement Iowa Code section
				  423.2A(3).
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 274 - Local Option Sales Tax Urban Renewal Projects › Rule 701-274.1 - Urban Renewal Project

Current through Register Vol. 47, No. 3, July 24, 2024
Only after the county board of supervisors from each county
				  where the urban renewal area from which local option sales and services
				  revenues are to be collected and used to fund urban renewal projects adopts a
				  resolution approving the collection and use of local sales and services tax
				  revenue for urban renewal projects may an eligible city by ordinance of the
				  city council provide for the use of a designated amount of the increased local
				  sales and services tax revenues collected under this chapter which are
				  attributable to retail establishments in an urban renewal area to fund urban
				  renewal projects located in the urban renewal area. The designated amount to be
				  used to fund urban renewal projects may be all or a portion of such increased
				  revenues, subject to the limitations imposed by the resolution adopted by the
				  county board, or boards, of supervisors. This rule applies to any urban renewal
				  project to be funded by a city's collection and use of local option sales and
				  services tax revenues on or after July 1, 2012.
Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 274 - Local Option Sales Tax Urban Renewal Projects › Rule 701-274.1 - Purpose and Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter sets forth the department of revenue's rules on
				  administration of the calculation, collection, and distribution of funds to be
				  deposited for use to fund urban renewal projects as described in Iowa Code
				  chapter 423B. For purposes of this chapter, "local sales and service tax" means
				  the local tax imposed by a jurisdiction pursuant to an election authorized by
				  Iowa Code section 423B.1 and described in Iowa
				  Code section 423B.5. All other terms have the
				  same meaning as defined in Iowa Code sections
				  423B.1 and
				  423B.10.