Message
from the Director:
The floods have been devastating to Iowa. I wish I could say we have all dried out, but it is raining as I write this. The positive news is that Iowans are pulling together. Help is available inside and outside of Iowa. The Governor has directed state agencies to help wherever we can. It never seems fast enough but we are working as quickly as we can.
Two proclamations related to taxes have been signed by the Governor. The first proclamation extends the deadline to July 28, 2008, for taxpayers who are affected by flooding or tornados and who have returns and payments due after May 24, 2008, and before July 23, 2008. The taxes that are impacted by this extension are:
- Withholding tax
- Individual income tax
- Corporation income tax
- Franchise tax
- Sales and use tax, including the automobile rental excise tax and the special equipment tax
- Hotel and motel tax
- Environmental protection charge
- Inheritance tax, including the generation skipping transfer tax and the qualified use inheritance tax
- Motor fuel and special fuel tax
- Cigarette and tobacco tax
Taxpayers filing a paper return should make a notation on the return stating, “Taxpayer affected by tornadoes/flooding.” Affected taxpayers will not be subject to any penalty for failing to file or pay. In addition, interest will not be due on payments made by July 28, 2008. If an affected taxpayer receives a penalty or interest notice from the Department, the taxpayer should call the telephone number on the notice.
The second proclamation concerns property tax credits in Linn County. The Linn County and Cedar Rapids Assessors' offices were closed because of flooding. The deadline for Linn County and Cedar Rapids taxpayers applying for Homestead, Disabled Veterans, and Military Service property tax credits has been extended until July 31, 2008.
Please let us know if we can be of assistance.
Mark R. Schuling
Director
When contacting
us
When you contact our Department,
please have available the form, bill, document, or other material about
which you have a question. We can serve you better and faster
if you do.
When mailing multiple returns
When mailing tax returns for
more than one period, please send them in separate envelopes.
This reduces the chances of a return being accidentally overlooked
and not processed properly.
Local option sales tax
Beginning July 1, 2008, the
school infrastructure local option (SILO) tax no longer exists as a separate tax.
The "regular" local option
sales tax (LOST) will continue and becomes effective in more than 21 new jurisdictions on July 1.
Hotel
/ Motel Tax
Hotels and motels in additional jurisdictions will begin collecting
the hotel / motel tax July 1.
Bars & Restaurants
Complimentary
beverages and meals
Bars, restaurants, and other
similar businesses may owe Iowa sales or use tax on
complimentary items given to customers or employees.
For
example, if you provide complimentary alcoholic beverages or soft
drinks to customers or employees, Iowa tax is due on the value of the
beverages. These beverages
are taxable as "goods consumed" since the bar or restaurant originally
purchased them for resale and did not pay sales tax. Instead of
selling them, the business gave them away. The
value of the beverages is reported on line 2 of the quarterly sales
tax return as goods consumed. The amount entered on
line 2 is the purchase price paid by the bar or restaurant to its
supplier, not the amount normally charged a customer.
On the other hand, complimentary
meals provided to customers or employees are generally not taxable
as goods consumed. The reason for this
difference can be traced back to the original purchase of
the items. Alcohol and soft drinks are ordinarily
taxable at the time of purchase. They are purchased tax free by the business
only because they are intended for resale. Unprepared food, with
some exceptions, is not taxable at the time of original purchase because
it is a grocery item.
Tips
or Gratuities
Tips
or gratuities are often added to a bill as a mandatory charge,
particularly when large groups are served. In these cases, tax is due
on the full amount charged for the meal, including the gratuity. Tips
or gratuities paid voluntarily by the customer are not subject to
sales tax.
To
Learn More... For additional information
concerning food and beverage sales, you may wish to review our Food/Restaurants
and Grocery Stores publication.
Services Performed by Students
During the summer months many students may perform services that are subject to Iowa sales tax. A complete list of taxable services can be obtained in our publication titled Services: Which ones are taxable?
For example, the services of landscaping, lawn mowing, and lawn care are taxable unless performed on or in connection with new construction, reconstruction, alteration, expansion, or remodeling of a building or structure. Persons who mow lawns are providing a taxable service regardless of their ages; however, effective 7/1/06 a casual sale exemption exists if (1) the owner of the business is the only person performing the services; (2) the owner of the business is a full-time student; and (3) total gross receipts from the services do not exceed $5,000 for a calendar year. Please see our handout on landscaping and lawn care .
A casual sale exemption may also apply to services which would otherwise be taxable if:
1. It is a sale of a nonrecurring nature, and
2. The seller at the time of the sale must not be engaged in selling goods or taxable services for profit; or if the seller is so engaged, the casual sale must be outside the regular course of business.
Two separate selling events outside the regular course of business within a 12-month period are considered nonrecurring. Three separate selling events within a 12-month period are considered recurring. Tax applies beginning with the third separate selling event. However, when a sale event is planned and occurs consistently over a span of years, the sale is recurring and not casual, even though only one sale event occurs each year.
Students performing taxable services for which a casual sale exemption does not exist should apply for a sales tax permit online at Apply for an Iowa permit .
Legislation
Legislative summaries will be posted in the Research category
of our Web site as soon as they are available.
The
Smokefree Air Act
The
Smokefree Air Act was signed into law by Governor Chet Culver on
April 15, 2008. The law goes into effect on July 1, 2008. Smoking
will be regulated in public places, places of employment, and certain
outdoor areas in Iowa. The Smokefree Air Act outlines areas where
smoking is prohibited, areas where smoking is not regulated,
enforcement details, and scheduled penalties for persons and
businesses that violate the law.
To learn more about your responsibilities, visit the Iowa Department of Public Health Web site or call them at 1-888-944-2247.
Classes
about Iowa taxes
Are
you a new business? Or just need to know more? Our
tax classes are held all year statewide.
In
addition, we make house calls! Gather
your employees or your organization's membership. We will come to you
and address your Iowa business tax concerns. This service is free of
charge. Just e-mail us to contact
you.
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