Iowa Code
Chapter 423 - STREAMLINED SALES AND USE TAX ACT
Section 423.26 - Vehicles subject only to the issuance of title — vehicle lease transactions not requiring title or registration.

423.26 Vehicles subject only to the issuance of title — vehicle lease transactions not requiring title or registration.
1. a. The use tax imposed upon the use of vehicles subject only to the issuance of a certificate of title shall be paid by the owner of the vehicle to the county treasurer or the state department of transportation from whom the certificate of title is obtained. A certificate of title shall not be issued until the tax has been paid. The county treasurer or the state department of transportation shall require every applicant for a certificate of title to supply information as the county treasurer or the director deems necessary as to the time of purchase, the purchase price, and other information relative to the purchase of the vehicle. On or before the tenth day of each month, the county treasurer or the state department of transportation shall remit to the department the amount of the taxes collected during the preceding month.
b. A person who willfully makes a false statement in regard to the purchase price of a vehicle subject to taxation under this subsection is guilty of a fraudulent practice. A person who willfully makes a false statement in regard to the purchase price of such a vehicle with the intent to evade the payment of tax shall be assessed a penalty of seventy-five percent of the amount of tax unpaid and required to be paid on the actual purchase price less trade-in allowance.
2. a. The use tax imposed upon the use of leased vehicles if the lease transaction does not require titling or registration of the vehicle shall be remitted to the department. Tax and the reporting of tax due to the department shall be remitted on or before fifteen days from the last day of the month that the tax becomes due. Failure to timely report or remit any of the tax when due shall result in a penalty and interest being imposed on the tax due pursuant to section 423.40, subsection 1, and section 423.42, subsection 1.
b. The amount subject to tax shall be computed on each separate lease transaction by taking the total of the lease payments, plus the down payment, and excluding all of the following:
(1) Title fee.
(2) Registration fees.
(3) Use tax pursuant to this subsection.
(4) Federal excise taxes attributable to the sale of the vehicle to the owner or to the lease of the vehicle by the owner.
(5) Optional service or warranty contracts subject to tax pursuant to section 423.2, subsection 1.
(6) Insurance.
(7) Manufacturer’s rebate.
(8) Refundable deposit.
(9) Finance charges, if any, on items listed in subparagraphs (1) through (8).
c. If any or all of the items in paragraph “b”, subparagraphs (1) through (8) are excluded from the taxable lease price, the owner shall maintain adequate records of the amounts of those items. If the parties to a lease enter into an agreement providing that the tax imposed under this subsection is to be paid by the lessee or included in the monthly lease payments to be paid by the lessee, the total cost of the tax shall not be included in the computation of lease price for the purpose of taxation under this subsection.
2003 Acts, 1st Ex, ch 2, §119, 205; 2008 Acts, ch 1113, §44; 2010 Acts, ch 1108, §7, 15
Referred to in §312.1, 321.20, 331.557, 423.5, 423.14, 423.36, 423.43
Fraudulent practices, see §714.8 – 714.14

Structure Iowa Code

Iowa Code

Title X - FINANCIAL RESOURCES

Chapter 423 - STREAMLINED SALES AND USE TAX ACT

Section 423.1 - Definitions.

Section 423.2 - Tax imposed.

Section 423.2A - Deposit and transfer of revenues.

Section 423.3 - Exemptions.

Section 423.4 - Refunds.

Section 423.5 - Imposition of tax.

Section 423.6 - Exemptions.

Section 423.7 - Title.

Section 423.7A - Motor vehicle lease tax.

Section 423.8 - Legislative finding and intent.

Section 423.9 - Authority to enter agreement — representatives on governing board.

Section 423.9A - Iowa streamlined sales tax advisory council.

Section 423.10 - Relationship to state law.

Section 423.11 - Agreement requirements.

Section 423.12 - Limited binding and beneficial effect.

Section 423.13 - Purpose of this subchapter.

Section 423.13A - Administration — effectiveness of agreements with retailers.

Section 423.14 - Sales and use tax collection.

Section 423.14A - Persons required to collect sales and use tax — supplemental conditions, requirements, and responsibilities.

Section 423.14B - Sales and use tax reporting requirements — penalties.

Section 423.15 - General sourcing rules.

Section 423.16 - Transactions to which the general sourcing rules do not apply.

Section 423.17 - Sourcing rules for various types of leased or rented equipment which is not transportation equipment.

Section 423.18 - Multiple points of use exemption forms.

Section 423.19 - Direct mail sourcing.

Section 423.20 - Telecommunications service sourcing.

Section 423.21 - Bad debt deductions.

Section 423.22 - Taxation in another state.

Section 423.23 - Sellers’ agreements.

Section 423.24 - Absorbing tax prohibited.

Section 423.24A - Reimbursement for the primary road fund.

Section 423.25 - Director’s power to adopt rules.

Section 423.26 - Vehicles subject only to the issuance of title — vehicle lease transactions not requiring title or registration.

Section 423.26A - Manufactured housing — collection of use tax — certificate of title.

Section 423.27 - Motor vehicle lease tax.

Section 423.28 - Sales tax report — deduction.

Section 423.29 - Collections by sellers.

Section 423.30 - Foreign sellers not registered under the agreement.

Section 423.31 - Filing of sales tax returns and payment of sales tax.

Section 423.32 - Filing of use tax returns and payment of use tax.

Section 423.33 - Liability of persons for payment of sales or use tax.

Section 423.34 - Liability of user.

Section 423.34A - Exclusion from liability for purchasers.

Section 423.35 - Posting of bond to secure payment.

Section 423.36 - Permits required to collect sales or use tax — applications — revocation.

Section 423.37 - Failure to file sales or use tax returns — incorrect returns — limitations period.

Section 423.38 - Judicial review.

Section 423.39 - Service of notices.

Section 423.40 - Penalties — offenses — limitation.

Section 423.41 - Books — examination.

Section 423.42 - Statutes applicable.

Section 423.43 - Deposit of revenues.

Section 423.44 - Reimbursement for primary road fund.

Section 423.45 - Refunds — exemption certificates.

Section 423.46 - Rate and base changes— liability for failure to collect.

Section 423.47 - Refunds and credits.

Section 423.48 - Responsibilities and rights of sellers registered under the agreement.

Section 423.49 - Return requirements — electronic filing.

Section 423.50 - Remittance of funds.

Section 423.51 - Administration of exemptions.

Section 423.52 - Relief from liability for sellers and certified service providers.

Section 423.53 - Bad debts and model 1 sellers.

Section 423.54 - Amnesty for registered sellers.

Section 423.55 - Databases.

Section 423.56 - Confidentiality and privacy protections under model 1.

Section 423.57 - Statutes applicable.

Section 423.58 - Collection, permit, and tax return exemption for certain out-of-state businesses.