Bill Text: IA SSB1114 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act exempting from the sales tax certain items and services sold or furnished to nonprofit blood centers, including effective date and retroactive applicability provisions.

Spectrum: Committee Bill

Status: (N/A - Dead) 2019-03-12 - Subcommittee recommends amendment and passage. [SSB1114 Detail]

Download: Iowa-2019-SSB1114-Introduced.html
Senate Study Bill 1114 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON WAYS AND MEANS BILL BY CHAIRPERSON FEENSTRA) A BILL FOR An Act exempting from the sales tax certain items and services 1 sold or furnished to nonprofit blood centers, including 2 effective date and retroactive applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1397XC (1) 88 jm/jh
S.F. _____ Section 1. Section 423.3, subsection 26A, Code 2019, is 1 amended to read as follows: 2 26A. The sales price of reagents and related accessory 3 equipment to a regional blood testing facility if all of the 4 following conditions are met: 5 a. The regional blood testing facility tangible personal 6 property directly and primarily used in the processes of 7 testing blood, collecting blood donations, or producing blood 8 products sold to a nonprofit blood center that is registered by 9 the federal food and drug administration. 10 b. The regional blood testing facility performs donor 11 testing for other blood centers. 12 c. The regional blood testing facility is located in this 13 state on or before January 1, 2011. 14 Sec. 2. Section 423.3, subsection 104, paragraph b, 15 subparagraph (1), Code 2019, is amended to read as follows: 16 (1) “Commercial enterprise” means the same as defined in 17 section 423.3, subsection 47 , paragraph “d” , subparagraph (1), 18 but also includes nonprofit blood centers, professions , and 19 occupations. 20 Sec. 3. REFUNDS. Refunds of taxes, interest, or penalties 21 that arise from claims resulting from the enactment of 22 this Act, for sales occurring between May 30, 2018, and the 23 effective date of this Act, shall not be allowed unless refund 24 claims are filed prior to October 1, 2019, notwithstanding any 25 other provision of law to the contrary. 26 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate 27 importance, takes effect upon enactment. 28 Sec. 5. RETROACTIVE APPLICABILITY. This Act applies 29 retroactively to May 30, 2018. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to exempting from the sales tax certain 34 items and services sold or furnished to a nonprofit blood 35 -1- LSB 1397XC (1) 88 jm/jh 1/ 2
S.F. _____ center. 1 The bill amends Code section 423.3(26A) by exempting from 2 the sales tax the sales price of tangible personal property 3 directly and primarily used in the processes of testing blood, 4 collecting blood donations, or producing blood products sold 5 to a nonprofit blood center that is registered by the federal 6 food and drug administration. The bill strikes a provision 7 exempting the sales price of reagents and related accessory 8 equipment to a regional blood testing facility if certain 9 conditions are met. 10 The bill expands the definition of “commercial enterprise” 11 in Code section 423.3(104) to include a nonprofit blood center. 12 As a result, the sales price of specified digital products, 13 prewritten computer software, and other enumerated digital and 14 computer services furnished to a nonprofit blood center are 15 exempt from the sales tax, if exclusively used by the blood 16 center. 17 By operation of Code section 423.6, an item exempt from the 18 imposition of the sales tax is also exempt from the use tax 19 imposed in Code section 423.5. 20 The bill permits refunds of taxes, interest, or penalties 21 arising from claims resulting from the enactment of the bill 22 for sales occurring between May 30, 2018, and the effective 23 date of the bill, and requires such claims to be filed prior to 24 October 1, 2019. 25 The bill takes effect upon enactment and applies 26 retroactively to May 30, 2018. 27 -2- LSB 1397XC (1) 88 jm/jh 2/ 2
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