§ 423.4

423.4 Refunds. 40 C.F.R. §79.4 . The biodiesel must be for use in biodiesel blended fuel in conformance with the standards and classifications in section 214A.2. The person must comply with the requirements of this subsection and rules adopted by the department pursuant to this subsection. b. The amount of the refund shall be calculated by multiplying a designated rate by the total number of gallons of biodiesel produced by the biodiesel producer in this state during each quarter of a calendar year. The designated rate shall be four cents. c. A biodiesel producer shall not be eligible to receive a refund under this subsection on more than twenty-five million gallons of biodiesel produced each calendar year by the biodiesel producer at each facility where the biodiesel producer manufactures biodiesel. d. A person shall obtain a refund by completing forms furnished by the department and filed by the person on a quarterly basis as required by the department. The department shall refund the amount claimed by the person after subtracting any amount owing from the sales or use taxes imposed and paid upon purchases made by the person. e. This subsection is repealed January 1, 2028. 10.

the amount claimed by the person after subtracting any amount owing from the sales or use taxes imposed and paid upon purchases made by the person. e. This subsection is repealed January 1, 2028. 10. a. For purposes of this subsection: (1) 'Baseball and softball complex' means a baseball and softball complex located in this state that has a project completion date that is after July 1, 2016, and that has a cost of construction upon completion that is at least ten million dollars. (2) 'Change of control' means any of the following: (a) Any change in the ownership of the original or any subsequent legal entity that is the owner or operator of the baseball and softball complex such that more than fifty-one percent of the equity interests or voting interest in the legal entity ceases to be owned by individuals who are residents of Iowa, an Iowa corporation, or combination of both. (b) The original owners of the legal entity that is the owner or operator of the baseball and softball complex shall collectively cease to own or control more than fifty percent of the voting equity interests or voting interest of such legal entity or shall otherwise cease to have effective control of such

ex shall collectively cease to own or control more than fifty percent of the voting equity interests or voting interest of such legal entity or shall otherwise cease to have effective control of such legal entity. (3) 'Iowa corporation' means a corporation incorporated under the laws of Iowa where more than fifty-one percent of the corporation’s equity interests or voting interest are owned or controlled by individuals who are residents of Iowa. (4) 'Owner or operator' means a legal entity where more than fifty-one percent of its equity interests or voting interest is owned or controlled by individuals who are residents of Iowa, an Iowa corporation, or combination of both and that is the owner or operator of a baseball and softball complex and is primarily a promoter of baseball or softball tournaments, or both. (5) 'Project completion date' means the date on which a baseball and softball complex is placed into service. b. The owner or operator of a baseball and softball complex that has received an award under section 15F.207, Code 2019, shall be entitled to a rebate of sales tax imposed and collected by retailers upon sales of any goods, wares, merchandise, admission tickets, or

as received an award under section 15F.207, Code 2019, shall be entitled to a rebate of sales tax imposed and collected by retailers upon sales of any goods, wares, merchandise, admission tickets, or services furnished to purchasers at the baseball and softball complex. c. The rebate may be obtained only in the following amounts and manner and only under the following conditions: (1) On forms furnished by the department within the time period provided by the department by rule, which time period shall not be longer than quarterly. (2) The owner or operator shall provide information as deemed necessary by the department. (3) The transactions for which sales tax was collected and the rebate is sought occurred on or after the baseball and softball complex’s project completion date or the date on which the award under section 15F.207, Code 2019, was made, whichever is later, but before the date which is ten years after the project completion date. However, the amount of rebates provided to a baseball and softball complex shall not exceed the amount of the award under section 15F.207, Code 2019, and not more than five million dollars in total rebates shall be provided pursuant to this

o a baseball and softball complex shall not exceed the amount of the award under section 15F.207, Code 2019, and not more than five million dollars in total rebates shall be provided pursuant to this subsection. (4) Notwithstanding subparagraph (3), the rebate of sales tax to a baseball and softball complex shall cease for transactions occurring on or after the date of the change of control of the baseball and softball complex. d. To assist the department in determining the amount of the rebate, the owner or operator shall identify to the department retailers located at the baseball and softball complex who will be collecting sales tax. The department shall verify such identity and ensure that all proper permits have been issued. For purposes of this subsection, advance ticket and admissions sales shall be considered occurring at the baseball and softball complex regardless of where the transactions actually occur. e. There is established within the state treasury under the control of the department a baseball and softball complex sales tax rebate fund consisting of the amount of state sales tax revenues transferred pursuant to section 423.2A, subsection 2, paragraph 'd'.

ntrol of the department a baseball and softball complex sales tax rebate fund consisting of the amount of state sales tax revenues transferred pursuant to section 423.2A, subsection 2, paragraph 'd'. An account is created within the fund for each baseball and softball complex receiving an award under section 15F.207, Code 2019, and meeting the qualifications of this subsection. Moneys in the fund shall only be used to provide rebates of state sales tax pursuant to this subsection, and only the state sales tax revenues in the baseball and softball complex rebate fund are subject to rebate under this subsection. The amount of rebates paid from each baseball and softball complex’s account within the fund shall not exceed the amount of the award under section 15F.207, Code 2019, and not more than five million dollars in total rebates shall be paid from the fund. Any moneys in the fund which represent state sales tax revenue for which the time period in paragraph 'c' for receiving a rebate has expired, or which otherwise represent state sales tax revenue that has become ineligible for rebate pursuant to this subsection, shall immediately revert to the general fund of this state. f.

ate has expired, or which otherwise represent state sales tax revenue that has become ineligible for rebate pursuant to this subsection, shall immediately revert to the general fund of this state. f. Upon determining that the conditions and requirements of this subsection and the department are met, the department shall issue a warrant from the applicable account within the baseball and softball complex rebate fund to the owner or operator in the amount equal to the amount claimed and verified by the department. g. This subsection is repealed thirty days following the date on which five million dollars in total rebates have been provided. The director of revenue shall notify the Iowa Code editor upon occurrence of this condition. 11. a. For purposes of this subsection: (1) 'Change of control' means a change in ownership such that the fair that was the owner or operator on July 1, 2014, ceases to own a majority of the equity interests in the raceway facility. (2) 'Fair' means the same as defined in section 174.1. (3) 'Owner or operator' means a fair that is the owner or operator of a raceway facility and is a promoter of races.

ts in the raceway facility. (2) 'Fair' means the same as defined in section 174.1. (3) 'Owner or operator' means a fair that is the owner or operator of a raceway facility and is a promoter of races. (4) 'Population' means the population based upon the 2010 certified federal census. (5) 'Raceway facility' means a raceway facility located as part of a racetrack and entertainment complex and located on fairgrounds, as defined in section 174.1, in a city with a population of at least seven thousand but not more than seven thousand five hundred residents, which city is located in a county with a population of at least thirty-three thousand but not more than thirty-three thousand four hundred fifty residents, and which facility was placed in service before July 1, 2014. b. The owner or operator of a raceway facility may apply to the department for a rebate of the sales tax imposed and collected by retailers upon sales of tangible personal property or services furnished to purchasers at the raceway facility. Notwithstanding the state sales tax imposed in section 423.2, a sales tax rebate issued pursuant to this paragraph shall not exceed the amounts transferred to the raceway facility

e raceway facility. Notwithstanding the state sales tax imposed in section 423.2, a sales tax rebate issued pursuant to this paragraph shall not exceed the amounts transferred to the raceway facility tax rebate fund pursuant to section 423.2A, subsection 2, paragraph 'g'. c. The rebate may be obtained only in the following amounts and manner and only under the following conditions: (1) On forms furnished by the department within the time period provided in this subparagraph. As prescribed in subparagraph (3), subparagraph division (a), the amount of a rebate shall be limited by and calculated according to the amount of project costs incurred and paid by the owner or operator on or after May 16, 2018. A rebate claim calculated according to an amount of project costs shall be considered timely only if the form upon which the rebate is requested is filed with the department within ninety days of the date the project cost is paid by the owner or operator. (2) The owner or operator shall provide information as deemed necessary by the department, including but not limited to information to substantiate the project costs incurred and paid by the owner or operator.

ner or operator shall provide information as deemed necessary by the department, including but not limited to information to substantiate the project costs incurred and paid by the owner or operator. (3) The transactions described in paragraph 'b' for which sales or use tax was collected and the rebate is sought occurred on or after January 1, 2015, but before January 1, 2030. However, the total amount of rebates provided pursuant to this subsection shall not exceed the lesser of the following amounts: (a) The amount of project costs incurred and paid by the owner or operator on or after May 16, 2018. For purposes of this subsection, 'project costs' means costs incurred and paid by the owner or operator in connection with the construction and installation of new property or of modifications to existing property if such property upon completion of one or more projects becomes or remains part of the raceway facility and constitutes the renovation, remodeling, reconstruction, expansion, equipping, or improvement of real property that comprises the raceway facility. 'Project costs' does not include any amount of cost that is not substantiated to the department pursuant to

expansion, equipping, or improvement of real property that comprises the raceway facility. 'Project costs' does not include any amount of cost that is not substantiated to the department pursuant to subparagraphs (1) and (2) within ninety days of the date it is paid by the owner or operator. (b) One million eight hundred thousand dollars. (4) Notwithstanding subparagraph (3), the rebate of sales tax shall cease for transactions occurring on or after the date of the change of control of the raceway facility. (5) The raceway facility has not received or shall not receive any grants under the community attraction and tourism program pursuant to chapter 15F, subchapter II, or the vision Iowa program pursuant to chapter 15F, subchapter III. d. To assist the department in determining the amount of the rebate, the owner or operator shall identify to the department retailers located at the raceway facility who will be collecting sales tax. The department shall verify such identity and ensure that all proper permits have been issued. For purposes of this subsection, advance ticket and admissions sales shall be considered occurring at the raceway facility regardless of where the

and ensure that all proper permits have been issued. For purposes of this subsection, advance ticket and admissions sales shall be considered occurring at the raceway facility regardless of where the transactions actually occur. e. There is established within the state treasury under the control of the department a raceway facility tax rebate fund consisting of the amount of state sales tax revenues transferred pursuant to section 423.2A, subsection 2, paragraph 'g'. An account is created within the fund for each raceway facility meeting the qualifications of this subsection. Moneys in the fund shall only be used to provide rebates of state sales tax pursuant to paragraph 'b'. The total amount of rebates paid from the fund shall not exceed the amount specified in paragraph 'c', subparagraph (3), subparagraph division (a) or (b), whichever is less. Any moneys in the fund which represent state sales tax revenue that has become ineligible for rebate pursuant to this subsection shall immediately revert to the general fund of the state. f. Upon determining that the conditions and requirements of this subsection and the department are met, the department shall issue a warrant to the

mmediately revert to the general fund of the state. f. Upon determining that the conditions and requirements of this subsection and the department are met, the department shall issue a warrant to the owner or operator in the amount equal to the amount claimed and verified by the department. g. This subsection is repealed June 30, 2030, or thirty days following the date on which one million eight hundred thousand dollars in total rebates have been provided and no overpayment of rebates exists, or thirty days following the date on which rebates cease as provided in paragraph 'c', subparagraph (4), and no overpayment of rebates exists, whichever is earliest. h. If the amount of rebates issued to an owner or operator under this subsection exceeds the amount allowed under this subsection, the department shall seek repayment of such excess amount. The repayment of rebates pursuant to this paragraph shall be considered a tax payment due and payable to the department by any person who has received such rebates, and the failure to make such a repayment may be treated by the department in the same manner as a failure to pay the tax shown due or required to be shown due with the filing of a

eived such rebates, and the failure to make such a repayment may be treated by the department in the same manner as a failure to pay the tax shown due or required to be shown due with the filing of a return or deposit form. In addition, the amount of rebates required to be repaid shall constitute a lien upon the real property that comprises the raceway facility that was the subject of the rebate regardless of the identity of the owner or operator of said raceway facility, and the liability shall be collected in the same manner as provided in section 422.26. Amounts required to be repaid pursuant to this paragraph shall accrue interest at the rate in effect under section 421.7 from the date of the warrant issued under paragraph 'f'. i. The director shall adopt rules for the administration of this subsection. 2003 Acts, 1st Ex, ch 2, §97, 205; 2005 Acts, ch 110, §2; 2005 Acts, ch 134, §2; 2005 Acts, ch 160, §4, 14; 2006 Acts, ch 1001, §3; 2006 Acts, ch 1136, §3; 2006 Acts, ch 1185, §128; 2007 Acts, ch 126, §69; 2007 Acts, ch 199, §2; 2008 Acts, ch 1004, §3, 7; 2008 Acts, ch 1032, §52; 2008 Acts, ch 1128, §2, 15; 2009 Acts, ch 41, §253; 2009 Acts, ch 60, §7; 2009 Acts, ch 179, §39,

8; 2007 Acts, ch 126, §69; 2007 Acts, ch 199, §2; 2008 Acts, ch 1004, §3, 7; 2008 Acts, ch 1032, §52; 2008 Acts, ch 1128, §2, 15; 2009 Acts, ch 41, §253; 2009 Acts, ch 60, §7; 2009 Acts, ch 179, §39, 198, 199, 202, 211, 212; 2010 Acts, ch 1061, §87, 181; 2011 Acts, ch 25, §143; 2011 Acts, ch 113, §59, 60; 2011 Acts, ch 131, §66, 78; 2012 Acts, ch 1098, §3; 2014 Acts, ch 1051, §1 – 5; 2014 Acts, ch 1102, §2; 2014 Acts, ch 1104, §18; 2016 Acts, ch 1106, §11; 2016 Acts, ch 1117, §4; 2018 Acts, ch 1146, §2 – 4; 2018 Acts, ch 1161, §11, 12, 15, 16, 189 – 194, 229; 2020 Acts, ch 1118, §41 – 44; 2021 Acts, ch 86, §70, 71; 2022 Acts, ch 1067, §82, 83; 2023 Acts, ch 19, §1126; 2023 Acts, ch 66, §102; 2023 Acts, ch 153, §4, 5 Referred to in §2.48, 8G.3, 15F.401, 357A.15, 357E.15, 422.7(36), 422.35, 423.2A, 423.3, 476B.8, 476C.6 Legislative findings regarding rebate of state sales tax collected at an automobile racetrack facility under subsection 5; 2005 Acts, ch 110, §1 Legislative findings regarding rebate of state sales tax collected at a baseball and softball complex under subsection 10; 2012 Acts, ch 1098, §1 ; 2016 Acts, ch 1117, §4 Subsection 1, paragraph a, subparagraphs (4) and (9)

arding rebate of state sales tax collected at a baseball and softball complex under subsection 10; 2012 Acts, ch 1098, §1 ; 2016 Acts, ch 1117, §4 Subsection 1, paragraph a, subparagraphs (4) and (9) amended Subsection 9, paragraph a amended Subsection 11, paragraph c, subparagraph (3), unnumbered paragraph 1 amended Subsection 11, paragraph g amended