Iowa Department of Revenue
August 4, 2004
REVIEW OF STATUTORY
SALES AND USE TAX EXEMPTIONS
Please be advised that
references to the Iowa Code contained in this listing are only valid through
June 30, 2004. On July 1, 2004, Streamlined Sales Tax (SST
Law) is implemented in Iowa. A new category explaining the changes in the
law due to the implementation of SST has been added to this list for your
reference. However, please note, that citations to exemptions listed may
have been changed due to the SST becoming effective. Please see the department’s
relevant Code provisions pertaining to Streamlined Sales Tax.
AGRICULTURE
- Commercial fertilizer
and agricultural limestone. 422.42(3) (1937)
- Materials including agricultural
limestone used to control disease, weeds, or insects or promote the health
of plants or livestock for market. (Most exempt items used in farming fall
under this exemption.) 422.42(3) (1957) Redrafted in 1985 to include breeding
stock, domesticated fowl, herbicide, pesticide, insecticide, food, and medication.
- Fuel consumed in implements
of husbandry used for agricultural production. 422.42(3) (1957)
- Fuel used in grain drying.
422.42(3) (1969)
- Sale or rental of certain
farm machinery and equipment, which is a self-propelled implement or attached
to it, including replacement parts and grain dryers, (Refund between July
1, 1985, and June 30, 1987, then exempted.) 422.45(26) (1985)
- Wood chips or sawdust
used in the production of agricultural livestock and fowl. 422.45(30) (1985)
- Fuel used to provide heating
or cooling to livestock buildings. 422.42(3) (1985)
- Aerial application services.
422.45(25) (1985)
- Agricultural drain tile
and the installation thereof. 422.42(3) (1987)
- Gas, electricity, water,
and heat used in all implements of husbandry engaged in agricultural production.
422.45(34) (1987)
- Repairs to implements
and the purchase or rental of farm machinery other than self-propelled implements
or attachments and replacement parts used in livestock and dairy production.
(Refund from July 1, 1987, to July 1, 1988, then it became exempt.) Repair
labor lost its exemption on July 1, 1988. 422.47C, 422.45(39) (1987)
- Replacement parts essential
to any repair or reconstruction to farm machinery, equipment, or implement
used in livestock or dairy production. 422.47C, 422.45(39) (1988)
- Sale or rental of irrigation
equipment used in farming operations. 422.45(42) (1989)
- Laboratory test on animals.
422.43(11) (1991)
- Hay, straw, paper, or
other materials used as bedding in the agricultural production of livestock
or fowl. 422.45(30) (1992)
- Auxiliary attachments
to self-propelled implements and implements attached to self-propelled implements
which improve the performance, safety, operation, or efficiency of the machinery
or equipment. 422.45(26), 422.45(39) (1995)
- The production of flowering,
ornamental, or vegetable plants in commercial greenhouse is agricultural
production. 422.42, 422.42(11), 422.45(39) (1995)
- Ostriches, rheas, and
emus are considered to be livestock and any Iowa sales or use tax exemption
applicable to livestock is applicable to them. 4.1(13A) (1995)
- Property which is a container,
carton, pallet, packing case, wrapping, bailing wire, twine, bag, bottle,
or similar article sold for use in agricultural, livestock or dairy production.
422.45(51) (1996)
- Agricultural production
includes aquaculture. 422.42(1) and (14), 422.45(39), 422.47(4) (1997)
- Adjuvants, surfactants,
and like chemicals used in agriculture production. 422.42(14) (1997)
- Sale of livestock ear
tags by 501(c) (3) nonprofit organizations which will use the proceeds for
bovine research programs approved by the nonprofit organization. 422.45(57)
(2000)
- The sale or rental of
irrigation equipment to a contractor or farmer, whether installed above or
below ground, if the use of the equipment is primarily for agriculture production.
Iowa Code section 422.45(26A)(2001)
- The sales of feed, feed
supplements and additives when used for consumption by livestock, which includes
farm deer (which includes elk) or bison are exempt. 422.45(16) (2002). The
definition of farm deer was expanded to include whitetail and mule deer other
than free-ranging whitetail and mule deer. 422.42(4) (2003).
BUSINESS AND MANUFACTURING
- Sales
of tangible personal property purchased for resale. 422.42(3) (1934)
- Sales of tangible personal
property which by means of fabrication, compounding, manufacturing, or germination
become an integral part of other tangible personal property ultimately sold
at retail. 422.42(3) (1934)
- Fuel used to create power
or steam to process goods. 422.42(3) (1937)
- Fuel used to generate
electric current. 422.42(3) (1937)
- Fuel used to create heat
to process goods. 422.42(3) (1939)
- Electricity or steam
used in processing tangible personal property. 422.42(3) (1939)
- Chemicals, solvents,
sorbents, or reagents used, consumed, dissipated, or depleted when used in
processing. 422.42(3) (1963)
- Taxable services performed
for an employer by an employee. 422.42(13) (1967)
- Resale of taxable services.
422.42(3) (1969)
- Resale of tangible personal
property in connection with a taxable service. 422.42(3) (1969)
- Taxable services when
purchased and used in the processing of tangible personal property. 422.42(3)
(1969)
- Services performed on
property delivered into interstate commerce. 422.42(16) (1969)
- Services performed on
or in connection with new construction, reconstruction, alteration, or remodeling
of a building or structure. 422.43 (1969)
- Advertising materials
which are purchased outside Iowa, delivered into Iowa, and later shipped
into interstate commerce. (Use tax only.) 423.4(5) (1969)
- Property, parts, and materials
used as railroad rolling stock. 422.45(10) (1971)
- Purchase of vehicles except
those designed for carrying passengers when purchased for lease outside Iowa.
423.4(7) (1978 retroactive to 1973)
- Purchase of property to
be used in the production of vehicles which are leased outside Iowa. 423.4(8)
(1978 retroactive to 1973)
- All services of storage
except storage of new agricultural products. 422.43 (1978)
- Tangible personal property
purchased and used for leasing if certain conditions are met. 422.45(18)
(1978)
- Envelopes used for advertising.
422.45(9) (1979)
- Containers, labels, cartons,
and materials used for packaging products to be sold at retail. 422.45(19)
(1979)
- Vehicles subject to registration
for which the title is transferred when the business structure changes. 423.4(9)
(1979). Amended to allow for exempt transfers when the change in the business
structure is from or to a limited liability company. Iowa Code section 423.4(9)(2001)
- Chemicals used in the
production of free newspapers. 422.42(3) (1980)
- Services used in processing,
repairing or reconditioning tangible personal property normally sold in a
retailers regular course of business. 422.42(13) (1981)
- Services of a private
employment agency, where the employee's principal place of employment is
outside the state. 422.43 (1981)
- Traded property used in
the remanufacturing of a like item. 422.42(6), 423.1(3) (1983)
- Plates, engraving, typesetting,
light sensitive emulsions, and like products sold by trade shops to printers.
422.45(21) (1983) Retroactive to July 1, 1971.
- Processing exemption extended
to services of vulcanizing, recapping, or retreading, printing, binding,
engraving, photography, or retouching, services. 422.43(4), 422.43(5), 423.1(4)
(1984)
- Sale or rental of industrial
machinery, equipment, certain computers, and replacement parts, and pollution
control equipment. Refund July 1, 1985, to July 1, 1987, then exempted. Also
applies to computers for insurance companies, financial institutions, and
commercial enterprises. 422.45(27) (1985)
- Design and installation
of new industrial machinery and equipment including electrical and electronic
installation. 422.45(28) (1985)
- Expanded processing exemption
extended to the food products industry to include sanitation, quality control,
packaging, storage and movement within the factory. 422.42(14) (1985)
- Rental of motion picture
films, video and audio tapes, discs, photos, copy, scripts for the motion
picture and broadcasting industries if rented for subsequent viewing or broadcast.
422.45(24) (1985) Retroactive to July 1, 1984.
- Special fuel used in watercraft
for commercial purposes on rivers bordering Iowa. 422.45(23) (1985)
- Sales of automotive fluids
sold to car dealers and retailers performing taxable services. Retroactive
to January 1, 1979. 422.45(33) (1986)
- Computers purchased by
nonprofit health service corporations. 422.45(27) (1986)
- Ships, barges, and waterborne
vehicles used in the transportation of property or cargo for hire on rivers
bordering Iowa and materials or parts associated with said vehicles. 423.4(13)
(1986)
- Tangible personal property
withdrawn from inventory by a contractor/manufacturer as building material
for use in an out-of-state construction project. 422.42(9), 422.42(10) (1987)
- Chemicals containers,
and bags used by dry cleaners. 422.42(3), 422.45(19) (1987)
- Prizes to be awarded in
games of skill, chance, raffles, and bingo. 422.45(35) (1987)
- The use of building materials,
supplies and equipment by a manufacturer which are purchased out-of-state,
brought into Iowa but subsequently used in an out-of-state construction contract.
423.1(10) (1987).
- Aircraft used in a scheduled
Interstate Federal Aviation Administration certified air carrier operation.
422.45(38) 1988)
- Containers and similar
items sold to retailers or manufacturers for facilitating transportation
of the tangible personal property. 422.45(19)B (1988)
- Purchase of motion picture
films, video and audio tapes, discs and records by persons in the business
of leasing, renting, or selling the same. Retroactive to July 1, 1984. 422.45(41)
(1989)
- Machinery and equipment
used in connection with the recycling or reprocessing of waste products.
422.45(27) (1989)
- Vehicles operated but
not registered under Chapter 326, and used in interstate commerce. 423.4
(1990)
- Sales of advertising
materials (including paper) to any person in Iowa, if the material is sent
outside Iowa and used outside of Iowa. 422.45(45) (1990) (sales tax)
- Carbon dioxide used in
the manufacturer of marketable food products for human consumption. Retroactive
to July 1, 1985. 422.42(3) (1990)
- Manufacturers of motor
vehicles who reimburse purchases under the lemon law (refund of use tax).
322G.4 (1991)
- Vehicles subject to registration
purchased for rental are exempt from use tax if actually rented for periods
less than 60 days and are subject to the rental tax. 423.4 (1992)
- All materials used to
manufacture or construct wind energy conversion property. 422.45(48) (1993)
- Sale of printing supplies
to printers and publishers of more than 115 individually named items used
to print a finished product (or used to complete finished packaging materials
used to packaged a product for ultimate sale at retail. 422.45(21) (1995)
- Services rendered, furnished,
or performed by notification centers as defined in Iowa Code sections 480.3
and 422.45 (49) (1995)
- Component parts, repair,
or replacement parts and all services used for aircraft performed on aircraft
used in a scheduled interstate federal aviation administered certified air
carrier operation. 422.45 (38A) (1995)
- Residential optional service
or warranty contracts regulated under Chapter 523C. 422.43, 423.1 (1995)
- Computers sold to insurers
or insurance agents licensed under Chapter 522. 422.45(27)"a"(1)
- Vehicles subject to registration
purchased for leasing for one year or more if lease receipts are taxable
under Chapter 423.7A. 423.4(16) (1996)
- Tangible personal property
purchased and used for leasing if the property is leased for more than five
months. 422.45(18) (1997)
- The definition of processing
is expanded to include nearly all aspects of manufacturing beginning with
the receipt or production of new materials and ending with the manufacturer's
delivery for shipment or transfer of the finished product. Electricity used
in the expanded areas of processing is exempt from tax. Replacement parts
are not required to be depreciable for income tax to be exempt from tax.
422.45(27) (1997)
- Certain tax incentives
are provided to businesses that locate or expand within an enterprise zone.
New sections 15E 181 through 15E 186 (1997)
- Sale of water to water
companies which is used solely for pumping water from wells or rivers. 422.45(33A)
(1998)
- Rural water districts
organized under Chapter 504A receive a refund on building supplies and equipment
used in the performance of a construction contract. 357A(15) (1998)
- Nonprofit hospitals on
all purchases of tangible personal property and services. 422.45(54)(1998)
- Component parts, repair,
or replacement parts on aircraft used in unscheduled interstate Federal Aviation
administered certified air carrier operations. 422.45(38B) (1998)
- Sale of aircraft to an
aircraft dealer who rents or leases the aircraft if the aircraft remains
in inventory and is for sale at all times. 422.45(38C) (1998)
- Vehicles that meet the
requirement that 25 percent of miles operated all in states other than Iowa
for the first four years retain the exemption until the vehicle is sold.
423.4(10) (1998)
- Licensed massage therapist.
422.43(11) (1998)
- Computer software maintenance
or support contracts with no separately stated fee for taxable and nontaxable
services are taxed on 50 percent of the gross receipts. 422.43(6) (1998)
- Subsequent to the extractive
process of quarrying or mining certain activities are considered manufacturing.
422.45 (27)(d)(4) (1998)
- Sales of argon gas and
other similar gases used in the manufacturing process. Retroactive to January
1, 1991. 422.45 (55) (1999)
- Sale or rental of tangible
personal property or from services performed to free standing nonprofit Hospice
facilities. 422.45 (54A) (1999)
- Sales of building materials,
supplies and equipment to not-for profit water districts organized under
Chapter 504A for use in the construction of their facilities. Iowa Code section
357A(15) (1999)
- Delivery charges for the
delivery of electricity or natural gas when the sale of the electricity or
natural gas is exempt under Iowa Code chapter 422 or 423. 422.45(2)(a)(2001)
- A contractor can purchase
building materials from a retailer of such materials exempt from Iowa sales
and use tax if the contractor is building a project for a designated exempt
entity. To purchase the materials for the project exempt from tax, the contractor
must receive an authorization letter and an exemption certificate from the
designated exempt entity specifying the project and that the materials will
only be used for that project. 422.42(15) and (16)(2002)
- If the substance of a
transaction is delivered to the purchaser digitally, electronically, or utilize
cable, or by radio waves, microwaves, satellites, or fiber optics, the gross
receipts from the transaction is not subject to Iowa sales or use tax. 422.43(15)(2002)
- The sales, rental or use
of core and mold making equipment and sand handling equipment that is directly
and primarily used in the mold making process by a foundry is exempt from
Iowa sales and use tax. 422.45(64)(2003)
- The gross receipts from
transferring vehicles subject to registration from one corporation to another
corporation are exempt from Iowa use tax if both of the corporations involved
in the transfers are primarily engaged in the business of leasing vehicles
subject to registration and both of the corporations are part of the same
controlled group for federal income tax purposes. 423.4(9A)(2003)
- Eligible businesses approved
under NJIP, EZ, or NCIP are entitled to refunds of sales tax or use tax,
but not local option tax, paid on racks, shelving and conveyor equipment
used in a warehouse or distribution center. Eligible businesses under NJIP
and NCIP who lease racks, shelving and conveyor equipment from a third-party
developer will receive a corporate income tax credit equal to the sales and
use paid by the developer. Refund and tax credit certificates available for
this type of equipment cannot exceed $500,000 in a fiscal year. 15.331A,
15.331C, and 15.385(1A) (2004)
- All functions of the Legislative
Service Bureau have been assumed by the Legislative Services Agency. As a
part of this, the exemption in favor of the sales of mementos and all other
items is also transferred to the Legislative Services Agency. 423.2(33) (2004)
(SST Law)
- In addition to other exemptions given to foundries, the sales price of core-making,
mold-making and sand-handling machinery, including replacement parts is exempt
from Iowa sales and use tax. In addition, sales price from sales of fuel
used in creating heat, power, or steam or for generating electric current, or
from sale of electricity, consumed by core-making, mold-making, and sand-handling
machinery and equipment used directly and primarily in the mold-making process
by a foundry is exempt from tax. The sales price from furnishing of the design
and installation, including electrical and electronic installation of core-making,
mold-making and sand-handling machinery and equipment used directly and primarily
in the mold-making process by a foundry is exempt. 423.3(82) (2004) (SST
Law)
- The leasing or rental of self-propelled building equipment, self-constructed
cranes, pile drivers, structural concrete forms, regular and motorized scaffolding,
generators, or attachments customarily drawn or attached to self-propelled
building equipment, self-constructed cranes, pile drivers, structural concrete
forms, regular and motorized scaffolding and generators, including auxiliary
attachments which improve the performance, safety, operations or efficiency
of the equipment and replacement parts and are directly and primarily used
by contractors, subcontractors, and builders for new constructions reconstruction,
alterations, expansions or remodeling of real property or structures are
exempt from Iowa sales and use tax. 423.3(2) and (27) (2004) (SST Law)
ITEMS OR SERVICES SPECIFICALLY EXEMPTED
- Sale, furnishing, or
service of transportation services. 422.45(2) (1937)
- Sleeping rooms and
other rooms rented for more than 31 consecutive days. 422.43 (1965)
- Sales of newspapers,
free newspapers, or shoppers guides and the printing and publishing thereof.
422.45(9) (1969)
- Newsprint and ink used
in printing any newspaper, free newspaper, or shoppers guide published
in Iowa. 422.42(3) (1969) (Repealed, 1985)
- Motor fuel and special
fuel where fuel tax has been paid and not refunded. Includes fuel used
in watercraft. 422.45(11) (1973)
- Flying services agricultural
aerial application and commercial aerial charter and transportation flights.
422.45(25) (1974)
- Food for human consumption.
422.45(12) (1974)
- Prescription drugs.
422.45(13) (1974)
- Insulin and diabetic
supplies. 422.45(13) (1974)
- Sale of prosthetic,
orthotic, and orthopedic devices. 422.45(13) (1974)
- Medically prescribed
oxygen. 422.45(13) (1975)
- Rental of prosthetic,
orthotic, and orthopedic devices. 422.45(13) (1978)
- Sale of draft horses.
422.45(17) (1978)
- Service performed
on humans by test laboratories. 422.43 (1979)
- Gross receipts from
the sale of gasohol. 422.45(1) (1981)
- Certain motor vehicles,
including semi-trailers, used in interstate commerce which are registered
for a gross weight of 13 tons or more and incur at least 25 percent of
their mileage outside Iowa. 423.4(10) (1985)
- Mobile homes for which
tax has been previously paid. Tax is not due on 40 percent of the purchase
price of a new mobile home. 423.4(11), 423.4(12) (1985)
- Motor vehicles rented
or leased longer than 60 days. 422.45(2) (1986)
- Raffle tickets sold
at fair-sponsored raffles. 422.45(32) (1986)
- Forty percent of the
cost of a modular home. 422.45(40) (1988)
- Fuel used in aircraft
where fuel tax has been paid. 422.45(11) (1988)
- Rental of prescription
devices. Any drug, device, equipment, or supplies covered by Title 18 or
Title 19 of the federal social security act. Oxygen equipment, ostomy,
urological, and tracheotomy devices. 422.45(13) (1992) (retroactive to
1-1-87)
- The definition of
exempt medical devices was expanded to include hypodermic syringes and
needles, anesthesia trays, biopsy trays and biopsy needles, cannula systems,
catheter trays and invasive catheters, dialyzers, drug infusion devices,
fistula sets, hemodialysis devices, insulin infusion devices, interocular
lenses, irrigation solutions, intravenous
administering sets, solutions and stopcocks, myelogram trays, nebulizers,
small vein infusions kits, spinal puncture trays, transfusion sets, venous
blood sets. 422.45(13) (1994 retroactive to 7-1-93)
- Purchases of items
of clothing or footwear designed to be worn on or about the human body
are exempt from sales and use tax if, the sale price of an item is less
than one hundred dollars and, the sale of the item takes place during the
period beginning at 12:01 a.m. on the first Friday in August and ending
at midnight on the following
Saturday. Sales of "accessories" are
not exempt. 422.45(58) (2000)
- The transfer of a
vehicle from a purchaser to a manufacturer pursuant to Iowa Code section
322G (Iowa’s lemon law provisions) is not considered a "use" and
is therefore exempt from
tax on the registration of the vehicle by the manufacturer. 322G.12 (2000)
- All gross receipts
from charges for providing information made available through a computer
server are exempt from Iowa sales tax. (effective May 15, 2000) 422.45(56)
and 423.1(12A) (2000)
- Excludes
from the term "sales" and "tangible person property",
and therefore taxation,
transactions where the substance is delivered to the purchaser digitally,
electronically, or utilizing cable, or by radiowaves, microwaves, satellites,
or fiber optics. (effective May 15, 2000 retroactive to March 15, 1995)
422.43(15) (2000)
- The sale or rental
of "information services" is exempted from tax.
(May 15, 2000 retroactive
to March 15, 1995) 422.45(57) (2000)
- The gross receipts
from sales or use of tangible personal property or the performance of services
used in the fulfillment of a written construction contract with a nonprofit
hospital licensed under chapter 135B. (effective May 19, 2000 retroactive
to July 1, 1998). 422.45(54B) (2000)
- Director is required
to abate unpaid sales or use tax owed by a retailer if the retailer's failure
to collect the tax results from erroneous written advice issued to the
retailer by the Department concerning the taxability of charges paid for
access to on-line computer services. The erroneous advice must have been
issued prior to July, 1999, and must have been directed to the retailer
requesting the abatement. (effective May 15, 2000) 421.60(2)"m" (2000)
- All taxable services,
including the rental of tangible personal property, the rendering,
furnishing or performing of which are exempt from sales tax, are exempt from
use tax. Iowa Code section 432.4(2001)
- Service fees imposed
by a financial institution if the charge is to a non-customer of the financial
institution imposed for point of sale, service charge, or access to an
automated teller machine. 422.45(64)(2003)
- The amount of any
trade discount given or allowed by a manufacturer, distributor, or wholesaler
to a retailer or by a manufacturer or distributor to a wholesaler and payments
made by a manufacturer, distributor, or wholesaler directly to a retailer
or by a manufacturer or distributor to a wholesaler to reduce the sales
price of the manufacturer’s, distributor’s, or wholesaler’s product or
to promote
the sale or recognition of the manufacturer’s, distributor’s or
wholesaler’s
product
is not
included
in the
taxable
gross
receipts
or in
any taxable
sales
price
if excessive
sales
tax is
not collected
from
the purchaser.
422.42(6);
and 423.1(47)
(Effective
April
14, 2004
and retroactive
to January
1, 1997)
(SST
Law)
- Receipts from rents,
royalties, copyright, and license fees associated with the rental
of tangible personal property to be part of the “sales price” from
the
sale of tangible personal property
and
not part of the sales
price
from the furnishing of
a taxable
service. 423.1(47),
423.2(6) (2004) (SST Law)
STREAMLINED SALES TAX (SST) EXEMPTIONS
House File 683, from the 2003 General Assembly implemented uniform sales
and use tax laws in Iowa which was effective July 1, 2004. The following
information
highlights the changes based on SST:
FOOD:
- Bottled water—Prior to July 1, 2004, the sale of bottled was subject to
sales and use tax. Effective July 1, 2004, the sale of bottled water is
exempt from Iowa sales and use tax unless the water contains a flavoring
or sweetener.
- Candy—Prior to July 1, 2004, the sale of candy was subject to Iowa sales
and use tax. Effective July 1, 2004, the sale of candy remains taxable
unless the
candy contains flour. If the candy contains flour, then the sale of the
candy is exempt from tax.
- Chewing gum—Prior to July 1, 2004, the sale of chewing gum was exempt from
Iowa sales and use tax. Effective July 1, 2004, the sale of chewing gum
is subject to Iowa sales and use tax.
- Soft drinks/fruit and
vegetable juice—Prior to July 1, 2004, the sale of
these beverages were subject to Iowa sales and use tax unless the beverage
contains
fruit or vegetable juice with a content of 15% or more. Effective July
1, 2004, the sale of these beverages are subject to Iowa sales and use
tax unless the
beverage contains more than 50% fruit or vegetable juice.
- Vegetable seeds and plants
and fruit trees—Prior to July 1, 2004, the sales
of these items were exempt from Iowa sales and use tax. Effective July
1, 2004 the sales of these items are taxable, unless the produce from the
item is for
resale.
DELIVERY:
Prior to July 1, 2004,
if local option taxes are imposed on sale, the rate of tax to be imposed
was based on the jurisdiction of where ownership of the tangible personal
property occurred (seller’s location, purchaser’s
location, F.O.B terms, docks of the common carrier) or where the services
was rendered,
furnished or performed. Effective July 1, 2004, if local option taxes
are imposed
on sale, the rate of tax imposed is based on the jurisdiction of the
destination of the property.
RENTAL OR LEASE
Purchases for lease or
rental—Prior to July 1, 2004 tangible personal property
that was purchased for lease or rental was subject to tax if the term
of the rental was for a period of less than five months. Effective July
1, 2004, rental
or lease of tangible personal property is treated as a sale. As a result,
any item purchased for lease or rental will be exempt from sales tax
as
a purchase
for resale. Sellers should obtain an exemption certificate from the
purchasers.
Taxation of leased or
rented property—Prior to July 1, 2004,Iowa imposes
Iowa sales tax on all lease or rental payments for the term of the
lease or rental
agreement even if the property is removed from Iowa. Iowa local option
taxes are imposed based on the location in which the agreement is entered
into.
Iowa use tax is imposed on property entering Iowa even if it was leased
or rented
outside of Iowa. In some instances, a credit for tax paid to another
state is given. Effective July 1, 2004, sales tax and local option
taxes on leased
or rented property (other than vehicles subject to registration) is
imposed in the jurisdiction where the property is located. If the property
is moved to another jurisdiction, the rate of tax may change and the
source of taxation
may possibly change too.
MISCELLANEOUS EXEMPTIONS AND PROVISIONS
- Transactions the state
is prohibited from taxing by federal law. 422.45(1) (1934)
- Casual sales. 422.45(6)
(1963)
- Discounts. 422.42(6)
(1970)
- Trade of property
including vehicles for equal or less value. 422.42(6), 423.1(3) (1982)
- Sales by State Historical
Department on state owned property. 303.9(2) (1982)
- Refund of construction
materials used in a project that will become public property or devoted
to educational use. 422.45(7) (1983) Retroactive to
November 2, 1982.
- Commercial amusement
enterprises struck from Iowa Code as being a taxable amusement. 422.43(2)
(1984)
- Casual sale exemption
is expanded to taxable services and to the bulk sales of businesses. 422.42(12)
(1985)
- Use tax on property
or taxable services (except vehicles) only if Iowa sales tax has been paid.
423.4(1) (1986)
- Food purchased with
federal food coupons. 422.45(12A) (1987)
- Rental of mobile homes
which are tangible personal property. 422.43(7), 422.43(11), 422A.1 (1987)
- Rebates applied to
the purchase of vehicles subject to registration. 423.1(3)(a) (1988)
- E911 emergency telephone
service surcharge. 477B.6(2) (1988)
- Sales of goods and
utilities to other states or their political subdivisions if they provide
a similar exemption to Iowa and its political subdivisions. 422.45(44)
(1990)
- Sales of tangible
personal property which a seller transfers for shipment to a point outside
Iowa. 422.45(46) (1991)
- Woodchips, sawdust,
hay, straw, paper, or other material used as bedding in agricultural production.
422.45(30) (1992)
- Entry fees paid to
participate in any game or form of amusement if there is a taxable admission
to the same event. 422.43(1) (1993)
- Wine shipped into
this state to a person 21 years or older for consumption. There is a limit
of eighteen liters per month. 123.178 (1996)
- Gross receipts from
online computer service that provides or enables computer access by multiple
users to the Internet. 422.45 (56) (1999)
- One-percent phase-out
of state sales tax effective January 1, 2002, on the sale of metered electricity,
metered natural gas and fuels and heating
oils
for residential customers.
422.45 (61) (2001). This provision was reinstated July 1, 2004 and is on
schedule for full phase-out January 1, 2006. 423.3 (2004) (SST Law)
ORGANIZATIONS RECEIVING EXEMPTIONS OR BENEFITS FROM EXEMPTIONS
- Sales from educational,
religious, or charitable activities where the entire proceeds are spent
for educational, religious, or charitable purposes. 422.45(3) (1934). Amended
to require the organization claiming exemption to be an IRC 501(c) (3)
and also provided a statutory definition for "charitable".
533.45(3)(2001)
- Tax certifying or
levying bodies of the state. 422.45(5) (1934)
- Refunds of sales tax
paid by relief agencies. 422.47 (1934)
- Refunds of sales tax
on construction projects to government agencies. 422.45(7) (1953)
- Sales to nonprofit
educational institutions used for educational purposes. 422.45(8) (1967).
Amended to require that an institution must primarily be an educational
institution to qualify for exemption. Iowa Code section 422.45(8)(2001)
- Admissions to amusements,
fairs, and athletic events of elementary and secondary educational institutions.
422.43 (1978)
- Purchases by municipal
solid waste facilities. 422.45(5) (1978)
- Sales by cities and
counties except utility services and fees for participation in athletic
sports. 422.45(20) (1979)
- Sales and rentals
to certain residential care facilities, intermediate care facilities, rehabilitation
facilities which treat the mentally ill and community mental health centers.
422.45(22) (1985)
- Sales and rentals
to community health centers and migrant health centers. 422.45(22) (1988)
- Items purchased by
nonprofit organizations organized for the purpose of lending tangible personal
property to the general public. 422.45(36) (1988)
- Sales and rentals
to nonprofit legal aid organizations. 422.45(37) (1988)
- Child foster care
residential facilities licensed by the Department of Human Services other
than those maintained by individuals. 422.45(22) (1989)
- Goods and services
sold to regional transit systems. 422.45(5) (1990)
- Refund of sales tax
on construction projects for nonprofit private museums. 422.45(7) (1990)
- Sales of goods and
services to nonprofit museums if used for educational, scientific, historical,
or aesthetic purposes. 422.45(43) (1990)
- Gross receipts from
sales or services by the state fair organized under Chapter 173 or a fair
society organized under Chapter 174. 422.45(50) (1996)
- Sale of food and beverage
by nonprofit organizations who promote food or beverage products grown,
produced, or raised in Iowa. 422.45(52) (1998)
- Sales of tangible
personal property or services to nonprofit organ procurement organizations.
422.45(53) (1998)
- Sales of good, wares,
or merchandise or services rendered, furnished or performed to a nonprofit
private art center which will be used in the operation of the art center.
Iowa Code section 422.45(2001)
- Sales of tangible
personal property by the legislative service bureau and the legislative
information office of mementos and items relating to Iowa history and historic
sites, the General Assembly, and the State Capitol are exempt from Iowa
sales and use tax when sold on state property. 2.67(2002). This exemption
was transferred to the Legislative Service Agency. 2E.8 (2003).
- Purchases by of tangible
personal property and enumerated services by a community action agency
that is to be used for the purpose of the community action agency are exempt
from Iowa sales and use tax. 422.45(63)(2002)
- Sales of goods and
taxable services used by or in connection with the operation of any municipally
owned public utility engaged in selling communication services to the general
public are subject to tax. 423.3(31)(a) (2004) (SST Law)