Beginning January 1,2002, the state sales tax is phased out at the rate of 1 percent per year on the gross receipts from the sale, furnishing, or service of metered natural gas, electricity and fuels, including propane and heating oils, to residential customers for use as energy for residential dwellings, apartment units, and condominiums for human occupancy.
Local option taxes are not included in the phase-out of the state sales tax.
This phase-out of tax does not impact franchise fees. Franchise fees will continue to be imposed where applicable.
"Energy" means a substance that generates power to operate fixtures or appliances within a residential dwelling or that creates heat or cooling within a residential dwelling.
"Fuel" means a liquid source of energy for a residential dwelling, individual apartment unit, or condominium. "Fuel" includes propane, heating fuel, and kerosene. However, "fuel" does not include blended kerosene used as motor fuel or special fuel.
"Metered gas" means natural gas that is billed based on metered usage to provide energy to a residential dwelling, individual apartment unit, or individual condominium.
"Residential dwelling" means a structure used exclusively for human occupancy. This does not include commercial or agricultural structures, nor does it include nonresidential buildings attached to or detached from a residential dwelling, such as an outbuilding. However, a garage attached to or detached from a residential dwelling and that is used strictly for residential purposes will fall within the phase-out provisions. A building containing apartment units is not considered to be qualifying property for purposes of this rule. However, if each apartment has a separate meter, it may qualify for the phase-out if classified as qualifying property by the utility. Also excluded from the phase-out provisions are certain nonqualifying properties that include, but are not limited to, nursing homes, adult living facilities, assisted living facilities, halfway houses, charitable residential facilities, YMCA residential facilities, YWCA residential facilities, apartment units not individually metered, and group homes.
If a billing for the same usage period needs to be billed more than once due to loss of the original bill or some other error, the billing date of the original bill controls qualification for the phase-out provisions of metered gas or electricity. For example, a utility company issues a billing for metered gas on December 28, 2001, to a customer and the customer loses the billing. The customer calls the utility company on January 10, 2002, to report the lost billing and to request a new billing. The utility company issues a new billing with a billing date of January 12, 2002, to the customer. The original billing date issued to the customer is determinative for the tax rate to be imposed. As a result, a 5 percent state tax rate should be imposed on the billing because the original billing date was prior to January 1, 2002.
The customer must notify the utility provider of the percentage of qualifying and nonqualifying usage and the customer has the burden of proof regarding the percentage. The customer is liable for any mistakes or misrepresentations made regarding the computation or for failure to notify the utility provider in writing of the percentage of qualifying or nonqualifying usage.
Security lights used by customers that are billed as a flat rate tariff will be subject to the phase-out if the customer is classified as a residential customer However, if a customer uses security lights which are billed as a flat rate tariff and that customer is classified as a commercial customer, the gross receipts including the usage of the security lights are not subject to the phase-out of state sales tax and are subject to the full state sales tax rate, unless another exemption from state sales tax is applicable.
Gross receipts for local option taxes are also to be reported in their entirety and computed by applying the appropriate local option tax rate.
The following are examples regarding how state sales and local option taxes should be reported:
Example 1. Reporting of tax by an energy provider:
Gross receipts for a tax period in 2002 | $100,000 |
Phase-out (20,000 for the first year, 40,000 for the second year, etc.) | 20,000 |
Taxable sales | 80,000 |
State tax at 5% (to compute state sales tax due) | 4,000 |
Gross receipts to be reported for local option | 100,000 |
Local option tax rate (assuming a 1% local option tax rate) | x 1% |
Local option tax due | 1,000 |
Total tax due (local option and state sales tax) | $5,000 |
Example 2. Reporting of tax on an individual billing:
Monthly charge during a billing or delivery period in 2002 | $400 |
State tax rate | x 4% |
State tax due | 16 |
Gross receipts for local option tax | 400 |
Local option tax rate | x 1% |
Local option tax due | 4 |
Total tax (local option and state sales tax) | $20 |
This rule is intended to implement Iowa Code section 422.45 as amended by 2001 Iowa Acts, House Files 1 and 705.
Iowa Admin. Code r. 701-17.38