Iowa Administrative Code › Agency 701 - Revenue Department › Title III - Sales, Use, and Excise Tax › Chapter 285 - Taxable and Exempt Sales Determined by Method of Transaction or Usage › Rule 701-285.57 - Exemptions Applicable to the Production of Flowering, Ornamental, and Vegetable Plants

Current through Register Vol. 47, No. 3, July 24, 2024
On and after July 1, 1995, the production of flowering,
				  ornamental, or vegetable plants by a grower in a commercial greenhouse or at
				  another location is considered to be a part of agricultural production. The
				  word "plants" does not include trees, shrubs, other woody perennials, or
				  fungus. The exemption also applies to implements, machinery, equipment, and
				  replacement parts directly and primarily used in the production of flowering,
				  ornamental, or vegetable plants and fuel used for providing heating or cooling
				  for greenhouses or buildings or parts of buildings dedicated to the production
				  of flowering, ornamental, or vegetable plants intended for sale in the ordinary
				  course of business. The following exemptions are applicable to the production
				  of flowering, ornamental, or vegetable plants.
(1) Sales of fertilizer, limestone,
				herbicides, pesticides, insecticides, plant food, and medication for use in
				disease, weed, insect control, or other health promotion of flowering,
				ornamental, or vegetable plants to a commercial greenhouse are exempt from tax.
				For the purposes of this subrule a virus, bacteria, fungus, or insect which is
				purchased for use in killing insects or other pests is an "insecticide" or
				"pesticide." See rules
				701-226.6 (423) and
				701-17.9 (422,423) for more
				information regarding these exemptions.
(2) Sales of fuel to provide heating or
				cooling for a greenhouse or building or a part of a building dedicated to the
				production of flowering, ornamental, or vegetable plants held for sale in the
				ordinary course of business are exempt from tax. Electricity is a "fuel" for
				the purposes of this subrule. Fuel used in a plant production building for
				purposes other than heating or cooling (e.g., lighting) or for purposes other
				than direct use in plant production (e.g., heating or cooling office space) is
				not eligible for this exemption. For example, assume that there is a separate
				meter for electricity used only for heating or cooling. If a greenhouse is
				used, partially for growing plants and partially for a nonexempt purpose, a
				proportional exemption from sales tax may be claimed based upon a percentage
				calculated from a fraction, the numerator of which is the number of square feet
				of the greenhouse heated or cooled and used for raising plants, and the
				denominator of which is the number of square feet heated or cooled in the
				entire greenhouse. It may be necessary to alter this formula (by the use of
				separate metering, for example) if a greenhouse has a walk-in cooler and the
				cooler is used directly in plant production. Plant production has ended when a
				plant has grown to the point that it is of the size or weight at which it will
				be prepared for shipment to the destination where it will be marketed. Examples
				of nonexempt purposes for which a portion of a greenhouse might be used
				include, but are not limited to, portions used for office space, loading docks,
				storage of property other than plants, housing of heating and cooling equipment
				and portions used for packaging plants for shipment. See rule
				701-15.3 (423) regarding fuel
				exemption certificates and subrule 18.48(8) regarding seller's and purchaser's
				liability for sales tax.
(3) Sales
				of gas, electricity, steam or other tangible personal property for use as a
				fuel in implements of husbandry used in the production of plants in a
				commercial greenhouse or elsewhere are exempt from tax. See 701-subrule
				17.9(6), paragraph
"a,"
for a definition of "implements of
				husbandry."
(4) Sales of
				self-propelled implements. Sales of self-propelled implements or implements
				customarily drawn by or attached to self-propelled implements and replacement
				parts for the same are exempt from tax if the implements are used directly and
				primarily in the production of plants in commercial greenhouses or elsewhere.
				See rule 701-18.44 (422,423) for an
				extensive explanation of this exemption. Implements exempt under this subrule
				include, but are not limited to, forklifts used to transport pallets of plants;
				wagons containing sterilized soil and tractors used to pull the same.
(5) Sale of water used in the production of
				plants is exempt from tax. If water is not separately metered, the grower of
				plants must determine by use of a percentage that portion which is used for a
				taxable purpose and that portion which is used for an exempt purpose.
Nonexclusive examples of taxable usage would be rest rooms,
				  sanitation, lawns, and vehicle wash.
(6) For sales occurring on or after July 1,
				1996, the gross receipts for the sale of property which is a container, label,
				carton, pallet, packing case, wrapping, baling wire, twine, bag, bottle,
				shipping case, or other similar article or receptacle sold for use in
				agricultural, livestock, or dairy production are not subject to sales tax. This
				exemption also applies to producers of ornamental, flowering, or vegetable
				plants in commercial greenhouses or other places which sell such items in the
				ordinary course of business since that activity is considered to be
				agricultural. A noninclusive list of containers and packaging materials would
				include boxes, trays, labels, sleeves, tape, and staples.
(7) Sales of machinery and equipment used in
				plant production which are not self-propelled or attached to self-propelled
				machinery and equipment are also exempt from tax. See rule
				701-18.48 (422,423) for a
				thorough explanation of this exemption. Listed below are a number of examples
				of machinery and equipment which are directly and primarily used in plant
				production. Sales of this machinery and equipment to commercial growers are
				usually exempt from tax.
Air-conditioning pads*
Airflow control tubes
Atmospheric CO2 control and monitoring
				  equipment
Backup generators
Bins holding sterilized soil
Control panels = heating and cooling
Coolers used to chill plants*
Cooling walls* or membranes
Equipment used to control water levels for
				  subirrigation
Fans = cooling and ventilating*
Floor mesh for controlling weeds
Germination chambers
Greenhouse boilers*
Greenhouse netting or mesh = used for light and heat
				  control
Greenhouse monorail systems*
Greenhouse thermometers
Handcarts used to move plants
Lighting which provides artificial sunlight
Overhead heating, lighting and watering systems
Overhead tracks for holding potted plants*
Plant tables*
Plant watering systems*
Portable buildings used to grow plants*
Seeding and transplanting machines
Soil pot and soil flat filling machines
Steam generators for soil sterilization*
Warning devices = excess heat or cold
Watering booms
*If not real property. See
				  18.48(1)
"c"
(1).
(8) Miscellaneous exempt and taxable sales.
				Sales of pots, soil, seeds, bulbs, and "starter plants" for use in plant
				production are not the sale of machinery or equipment, but can be sales for
				resale and exempt from tax if the pots and soil are sold with the final product
				or become the finished product. Sales of portable buildings which will be used
				to display plants for retail sales are taxable. Finally, sales of whitewash
				which will be painted on greenhouses to control the amount of sunlight entering
				those houses are taxable sales of a "supply" rather than exempt sales of
				equipment. See 18.48(1)
"c"
(2) relating to "supplies." See rule
				701-18.7(422,423) relating to containers, including packaging cases, shipping
				cases, wrapping materials, and similar items sold to retailers, and see subrule
				18.57(6).
This rule is intended to implement Iowa Code sections
				  422.42(1),
				  422.42(4),
				  422.42(11),
				  422.45(39) and
				  422.47(4) and
				  Iowa Code section 422.45 as amended by 1996 Iowa
				  Acts, chapter 1145.