Bill Text: IA HSB629 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to the sales and use tax by modifying the sales and use tax exemption for materials and certain machinery and equipment used in agricultural production.

Spectrum: Committee Bill

Status: (N/A - Dead) 2020-02-06 - Subcommittee Meeting: 02/11/2020 4:00PM House Lounge. [HSB629 Detail]

Download: Iowa-2019-HSB629-Introduced.html
House Study Bill 629 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON WAYS AND MEANS BILL BY CHAIRPERSON HEIN) A BILL FOR An Act relating to the sales and use tax by modifying the sales 1 and use tax exemption for materials and certain machinery 2 and equipment used in agricultural production. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5984YC (3) 88 jm/jh
H.F. _____ Section 1. Section 423.1, subsection 5, Code 2020, is 1 amended to read as follows: 2 5. “Agricultural production” includes means the production 3 of flowering, ornamental, or vegetable plants in commercial 4 greenhouses or otherwise, and production from aquaculture, and 5 production from silvicultural activities agricultural products 6 for intended sale or livestock consumption and related land 7 management practices . “Agricultural products” includes but is 8 not limited to corn, eggs, fruit, hay, honey, livestock, milk, 9 oats, soybeans, vegetables, wheat, and includes flowering, 10 ornamental, or vegetable plants and those products of 11 aquaculture and silviculture. 12 Sec. 2. Section 423.3, subsection 6, Code 2020, is amended 13 to read as follows: 14 6. a. The sales price of tangible personal property which 15 will be consumed as fuel in creating heat, power, or steam for 16 grain drying, or for providing heat or cooling for livestock or 17 livestock buildings or for greenhouses or buildings or parts of 18 buildings dedicated to the production of flowering, ornamental, 19 or vegetable plants intended for sale in the ordinary course of 20 business, or for use in cultivation of agricultural products 21 by aquaculture, or in implements of husbandry engaged in 22 agricultural production. 23 b. (1) The sales price of tangible personal property that 24 is designed to hold propane which will be consumed as fuel 25 in creating heat, power, or steam for grain drying, or for 26 providing heat or cooling for livestock or livestock buildings. 27 (2) Exempt property in subparagraph (1) includes attached 28 valves, regulators, and piping. 29 Sec. 3. Section 423.3, subsection 8, paragraph a, 30 subparagraph (1), Code 2020, is amended to read as follows: 31 (1) The farm machinery and equipment shall be directly and 32 primarily used in production of agricultural products. 33 Sec. 4. Section 423.3, subsection 11, paragraph a, Code 34 2020, is amended to read as follows: 35 -1- LSB 5984YC (3) 88 jm/jh 1/ 3
H.F. _____ a. The implement, machinery, or equipment is directly and 1 primarily used in livestock or dairy production, aquaculture 2 production, or the production of flowering, ornamental, or 3 vegetable plants. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill relates to the sales and use tax by modifying the 8 sales and use tax exemption for materials used in agricultural 9 production, and for certain machinery and equipment used in 10 such production. 11 The bill modifies the definition of “agricultural 12 production” in Code section 423.3(5) to include the 13 production of agricultural products for intended sale or 14 livestock consumption and related land management practices. 15 “Agricultural products” is modified to include corn, eggs, 16 fruit, hay, honey, livestock, milk, oats, soybeans, vegetables, 17 and wheat. 18 The amendment to the definition of “agricultural production” 19 in Code section 423.1(5) affects the application of the 20 following provisions: Code sections 423.1(19) (definition of 21 farm machinery and equipment), 423.2(6)(ax) (services related 22 to the storage of agricultural products), 423.3(5) (exempt 23 agricultural products), 423.3(6) (exempt sales price of fuel 24 used in agricultural production), 423.3(8) (exempt specialized 25 machinery used in agricultural production), 423.3(10) 26 (exempt gas, electricity, water, or heat used in agricultural 27 production), 423.3(47) (machinery and equipment), and 423.45(5) 28 (refunds of taxed fuel used in agricultural production). 29 The amendment to Code section 423.3(6) exempts from the 30 sales and use tax the sales price of fuel for providing heat or 31 cooling for livestock. Currently, the sales price of such fuel 32 is exempt from the sales and use tax if the fuel heats or cools 33 a livestock building. 34 The amendment to Code section 423.3(6) exempts from the 35 -2- LSB 5984YC (3) 88 jm/jh 2/ 3
H.F. _____ sales and use tax the sales price of tangible personal property 1 that is designed to hold propane which will be consumed as fuel 2 in creating heat, power, or steam for grain drying, livestock, 3 or livestock buildings. The exemption also includes valves, 4 regulators, and piping attached to the property designed to 5 hold propane. 6 The amendment to Code section 423.3(8)(a)(1) exempts from 7 the sales and use tax the sales price of farm machinery and 8 equipment used primarily in the production of agricultural 9 products. Currently, the sales price of farm machinery and 10 equipment must be used directly and primarily in production of 11 agricultural products in order to be exempt from the sales and 12 use tax. 13 The amendment to Code section 423.3(11) requires that 14 the sales price of an implement, machinery, or equipment be 15 primarily used in livestock or dairy production, aquaculture 16 production, or the production of flowering, ornamental, or 17 vegetable plants in order for the sales of such items to be 18 exempt from the sales and use tax. Current law requires such 19 items to be directly and primarily used for such purposes. 20 -3- LSB 5984YC (3) 88 jm/jh 3/ 3
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