Iowa Admin. Code r. 701-285.41

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 701-285.41 - Envelopes for advertising

(1) Some envelopes which contain advertising are exempt from tax. Envelopes which are not primarily used for advertising are taxable. The primary use of the envelopes should control whether they will be taxable or exempt. Iowa Movers and Warehouseman's Assn. v. Briggs, 237 N.W.2d 759 (Iowa 1976).

Example 1: XYZ mails coupons and advertisements to persons giving discounts on a certain item which is sold at retail. The envelope used to package these materials is exempt from tax since it is primarily used to contain advertising materials.

Example 2: XYZ mails a monthly billing statement to its charge account customers. In addition to the billing statement, XYZ Company encloses an advertisement in the envelope. The envelope has a dual purpose:

(1) the collection of accounts receivable and

(2) the distribution of advertising. However, the envelope is not primarily used for advertising but for billing the customer, therefore, the exemption does not apply.

(2) Because of the difficulty of administering this exemption, purchasers of envelopes may petition to the department for permission to use a formula to represent to the seller the portion of taxable and exempt gross receipts from envelope purchases.

This rule is intended to implement Iowa Code subsection 422.45(9).

Iowa Admin. Code r. 701-285.41

Editorial change: IAC Supplement 11/2/22