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Streamlined Sales Tax Advisory Council
Minutes from meeting of June 3, 2004
Co-chairs Kristi Magill and Mike Ralston initiated
the conference call with updates to the agenda. Updates consisted
of adding Amnesty
under III. Tampa Meeting Update, V. Uniform Leasing, VI. Sourcing,
changing Other Updates to VII.
I. Educational Issues
Wayne Cooper updated the Council
on the educational sessions. To date, 142 presentations have
been completed with 1,600 people attending these sessions. The
biggest
issue is sourcing. Wayne is concerned about the retailers
not attending. They don’t seem to be paying a lot of attention
to the sessions.
Dave Krutzfeldt also expressed disappointment in the number of
people at the session that he attended. He felt the presentation
was good and the presenter was available for questions after the
session.
The Department will continue its outreach program. The
Department will have frequently-asked-questions (FAQ’s)
from these meetings on the Web site.
II. Food Database
Brian Johnson and Jerry Fleagle met with
Wayne Cooper to review the database and update for July 1, 2004.
Jerry is also reviewing old and new rules on the Web.
Changed items will be listed on the Iowa Grocer’s Web site.
The definition of candy is still concerning Jerry. The Department
will link our Web site to the Grocer’s Web site. The Department’s
Web site will have a summary of the changes. The definition of
candy also keeps coming up at the national level. States are holding
fast
to their definition. There has been no discussion about chocolate
chips as candy. Jerry’s concerned about baking ingredients
being classified as candy. This will be addressed in the Administrative
Rules. Don will contact other states and the national co-chairs.
Don will provide their feedback to the Council.
III. Tampa Meeting
Don Cooper summarized the meeting for
the Council. Topics discussed in Tampa were:
a. Compliance Review – No additional feedback has been provided
about Iowa’s Compliance Review.
b. Taxability Matrix – We are on target. There are other states
that still need to complete this matrix.
c. Rate/Jurisdiction Database – This database will be ready
mid to late summer. It will be zip code plus 4.
d. Exemption Administration Paper – This is not an issue for
Iowa.
e. Candy Definition – States are holding fast to their definition.
f. Sales Tax Holidays – This is not an issue for Iowa.
g. Bundling Issue – Bundling is not in Streamlined Sales Tax
Agreement. If put in the agreement later, states will need to adopt
through the legislative process. States voted on bundling for tangible
personal property – The business side was not happy. Business
wants something on TPP and services. It’s a controversial
issue.
h. Registration System – This is being developed by MTC.
i. Telecommunication – This deals with the definition of digital
equivalent of tangible personal property. (Iowa may need conforming
legislation depending upon what’s put into the agreement.)
j. Sales Tax Buy Down – The states are indifferent. Iowa just
got an exemption this legislative session. This was a hot topic
in the business meeting.
k. RFP Status Report – Some work done on the RFP. A document
of technical standards was approved in Tampa. This document is confidential.
l. Governing Board – The Governing Board is not in
place and timing is an issue. Don predicts January 1, 2005, or July
1, 2005,
before the Governing Board is in place.
Status of Other States – Michigan is close to getting
legislation passed. Population percentage will be attained by
January 1, 2005…certainly
no later than July 1, 2005.
Conforming States Committee – This is a transition group
to work on administrative issues prior to the Governing Board being
in place. This Committee is comprised of states who have already
passed legislation. The Committee discussed the Table of Areas of
SSUTA Requiring Operational Implementation. Don will e-mail this
table to the Council. Don volunteered for Funding Structure Committee.
He will provide the Council with feedback from the Chicago Conforming
States Meeting in early August. It was recommended that Representative
Sands and Senator McKibben attend the meeting in Chicago.
Amnesty Issue – Some states didn’t address amnesty
in their conforming legislation. This is not an issue for Iowa because
it was in our legislation. Those states will be going back to put
it in legislation. There was no discussion on procedural side of
amnesty. It was suggested each conforming state address this issue.
Iowa’s positions on what constitutes an audit differ from
other states. We consider a nexus questionnaire an audit.
IV. Compliance Transition at National Level – There
is going to be some degree of flexibility for all states (no standards).
If taxpayers aren’t in conformance on day one, states are
not going to start assessing penalties. States will take a reasonable
approach. Mike suggested the Council review the minutes from our
last conference call regarding this issue and provides feedback
to him.
V. Uniform Leasing – Kristi mentioned the law of unintended
consequences. Leasing is now the sale of tangible property. This
change means that leasing of a uniform by a food manufacturer will
not be exempt after July 1, 2004. The Department will be looking
at various other changes related to the change in how leasing is
handled.
VI. Sourcing – Stacey Johnson is getting a lot of contacts
from businesses and Legislators. Kansas Department of Revenue backed
off and is providing a relaxed enforcement. We’ll look into
this issue for next meeting.
VII. Other Updates
There was some discussion on the Council providing a letter to
the Legislature to update them on the project. The Council agreed
to wait until after the next meeting.
Mike mentioned the Department is hosting the Midwestern
States Association of Tax Administrators (MSATA) annual conference
in August. Steve
Krantz from COST and Diane Hardt, co-chair, of the National
Streamlined Sales Tax Project will be speakers at the conference.
Rules Update – Darwin has been working on rules
regarding sales tax as they relate to Streamlined Sales Tax Legislation.
There
are a number of rules of immediate importance resulting from SST
transition. These drafts are on the department Web site. Darwin
would appreciate comments.
An August meeting in the Hoover Building will be determined by
Kristi and Mike.
The call was adjourned.
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