Bill Text: IA HF132 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A bill for an act exempting from the sales tax certain items and services sold to a nonprofit human blood collection and processing establishment, including effective date and retroactive applicability provisions.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2017-01-27 - Introduced, referred to Ways and Means. H.J. 132. [HF132 Detail]

Download: Iowa-2017-HF132-Introduced.html

House File 132 - Introduced




                                 HOUSE FILE       
                                 BY  NUNN

                                      A BILL FOR

  1 An Act exempting from the sales tax certain items and services
  2    sold to a nonprofit human blood collection and processing
  3    establishment, including effective date and retroactive
  4    applicability provisions.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 423.3, Code 2017, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  44.  The sales price of chemicals, solvents,
  1  4 sorbents, or reagents sold, or test laboratory services
  1  5 furnished, to a nonprofit human blood collection and processing
  1  6 establishment that meets the definition of establishment in 21
  1  7 C.F.R. {607.3(c).
  1  8    Sec. 2.  REFUNDS.  Refunds of taxes, interest, or penalties
  1  9 that arise from claims resulting from the enactment of
  1 10 this Act, for sales occurring between July 1, 2005, and the
  1 11 effective date of this Act, shall be limited to twenty=five
  1 12 thousand dollars in the aggregate and shall not be allowed
  1 13 unless refund claims are filed prior to October 1, 2017,
  1 14 notwithstanding any other provision of law to the contrary.
  1 15 If the amount of claims totals more than twenty=five thousand
  1 16 dollars in the aggregate, the department of revenue shall
  1 17 prorate the twenty=five thousand dollars among all claimants in
  1 18 relation to the amounts of the claimants' valid claims.
  1 19    Sec. 3.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of
  1 20 immediate importance, takes effect upon enactment.
  1 21    Sec. 4.  RETROACTIVE APPLICABILITY.  This Act applies
  1 22 retroactively to July 1, 2005.
  1 23                           EXPLANATION
  1 24 The inclusion of this explanation does not constitute agreement with
  1 25 the explanation's substance by the members of the general assembly.
  1 26    This bill exempts from the sales tax the sales price of
  1 27 chemicals, sorbents, or reagents sold, or test laboratory
  1 28 services furnished, to a nonprofit human blood collection
  1 29 and processing establishment that meets the definition of
  1 30 establishment in 21 C.F.R. {607.3(c). That federal regulation
  1 31 defines "establishment" to mean a place of business under
  1 32 one management at one general physical location.  The term
  1 33 includes, among others, human blood and plasma donor centers,
  1 34 blood banks, transfusion services, other blood product
  1 35 manufacturers, and independent laboratories that engage in
  2  1 quality control and testing for registered blood product
  2  2 establishments.
  2  3    By operation of Code section 423.6, an item exempt from the
  2  4 imposition of the sales tax is also exempt from the use tax
  2  5 imposed in Code section 423.5.
  2  6    The bill limits refunds of taxes, interest, or penalties
  2  7 arising from claims resulting from the enactment of the bill
  2  8 for sales occurring between July 1, 2005, and the effective
  2  9 date of the bill to $25,000 in the aggregate, and requires such
  2 10 claims to be filed prior to October 1, 2017. If the aggregate
  2 11 amount of refund claims exceeds $25,000, the department of
  2 12 revenue is required to prorate the $25,000 among all claimants
  2 13 in relation to each claim amount.
  2 14    The bill takes effect upon enactment and applies
  2 15 retroactively to July 1, 2005.
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