Iowa Code
Chapter 453A - CIGARETTE AND TOBACCO TAXES AND REGULATION OF ALTERNATIVE NICOTINE PRODUCTS AND VAPOR PRODUCTS
Section 453A.15 - Records and reports of permit holders.

453A.15 Records and reports of permit holders.
1. The director may prescribe the forms necessary for the efficient administration of this subchapter and may require uniform books and records to be used and kept by each permit holder or other person as deemed necessary. The director may also require each permit holder or other person to keep and retain in the director’s possession evidence on prescribed forms of all transactions involving the purchase and sale of cigarettes or the purchase and use of stamps. The evidence shall be kept for a period of three years from the date of each transaction, for the inspection at all times by the department.
2. Where a state permit holder sells cigarettes at retail, the holder shall be required to maintain detailed records for sales of cigarettes to be sold at retail and the cigarette sales records shall be kept separate and apart.
3. The director may by regulation require every holder of a manufacturer’s or state permit or other person to make and deliver to the department on or before the tenth day of each month a report or reports for the preceding calendar month, upon a form or forms prescribed by the director, and may require that the reports shall be properly sworn to and executed by the permit holder or the holder’s duly authorized representative or other person.
4. Every permit holder or other person shall, when requested by the department, make additional reports as the department deems necessary and proper and shall at the request of the department furnish full and complete information pertaining to any transaction of the permit holder or other person involving the purchase or sale or use of cigarettes or purchase of cigarette stamps.
5. Every person engaged in the business of selling cigarettes in interstate commerce only, who has, by furnishing the bond required in section 453A.14, been permitted to set aside or store cigarettes in this state for the conduct of such interstate business without the stamps affixed thereto, shall be required to keep such records and make such reports to the department as are required by the department.
6. If any distributor, manufacturer, or other person fails or refuses to pay any tax, penalties, or cost of audit hereinafter provided, and it becomes necessary to bring suit or to intervene in any manner for the establishment or collection of said claims, in any judicial proceedings, any report filed in the office of the director by the distributor, manufacturer, or other person, or the distributor’s, manufacturer’s, or other person’s representative, or a copy thereof, certified to by the director, showing the number of cigarettes sold by the distributor, the distributor’s representative, the manufacturer, or the other person, upon which a tax, penalty, or cost of audit has not been paid, or any audit made by the department from the books or records of the distributor, manufacturer, or other person when signed and sworn to by the agent of the department making the audit as being made from the records of the distributor, manufacturer, or other person from or to whom the distributor, manufacturer, or other person has bought, received, or delivered cigarettes, whether from a transportation company or otherwise, such report or audit shall be admissible in evidence in such proceedings and shall be prima facie evidence of the contents thereof. However, the incorrectness of the report or audit may be shown.
7. The director may require by rule that reports required to be made under this subchapter be filed by electronic transmission.
[C27, 31, 35, §1570-b1, -b2; C39, §1556.10; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §98.15]
C93, §453A.15
99 Acts, ch 151, §77, 89; 2004 Acts, ch 1073, §38; 2007 Acts, ch 186, §36, 37; 2018 Acts, ch 1041, §127

Structure Iowa Code

Iowa Code

Title X - FINANCIAL RESOURCES

Chapter 453A - CIGARETTE AND TOBACCO TAXES AND REGULATION OF ALTERNATIVE NICOTINE PRODUCTS AND VAPOR PRODUCTS

Section 453A.1 - Definitions.

Section 453A.2 - Persons under legal age.

Section 453A.3 - Penalty.

Section 453A.4 - Seizure of false or altered driver’s license or nonoperator’s identification card.

Section 453A.5 - Tobacco compliance employee training program.

Section 453A.6 - Tax imposed.

Section 453A.7 - Printing and custody of stamps.

Section 453A.8 - Sale and exchange of stamps.

Section 453A.9 - Change of design.

Section 453A.10 - Affixing of stamps by distributors.

Section 453A.11 - Cancellation of stamps.

Section 453A.12 - Use of stamping machines.

Section 453A.13 - Distributor’s, wholesaler’s, and retailer’s permits.

Section 453A.14 - Bonds.

Section 453A.15 - Records and reports of permit holders.

Section 453A.16 - Manufacturer’s permit.

Section 453A.17 - Distributing agent’s permit.

Section 453A.18 - Forms for records and reports.

Section 453A.19 - Examination of records and premises.

Section 453A.20 - Subpoena for witnesses and papers.

Section 453A.21 - Cigarettes retailer may not sell.

Section 453A.22 - Revocation — suspension — civil penalty.

Section 453A.23 - Retailer’s permit for railway car.

Section 453A.24 - Carrier to permit access to records.

Section 453A.25 - Administration.

Section 453A.26 - Liens and actions.

Section 453A.27 - Venue of actions to collect.

Section 453A.28 - Assessment of tax by department — interest — penalty.

Section 453A.29 - Notice and appeal.

Section 453A.30 - Assessment of cost of audit.

Section 453A.31 - Civil penalty for certain violations.

Section 453A.32 - Seizure and forfeiture — procedure.

Section 453A.33 - Seizure not to affect criminal prosecution.

Section 453A.34 - Restrictions on injunction.

Section 453A.35 - Proceeds paid to general fund — health care trust fund.

Section 453A.35A - Health care trust fund.

Section 453A.36 - Unlawful acts.

Section 453A.36A - Self-service sales prohibited.

Section 453A.37 - Violation as fraudulent practice.

Section 453A.38 - Counterfeiting and previously used stamps.

Section 453A.39 - Tobacco, tobacco products, alternative nicotine products, vapor products, and cigarette samples — restrictions — administration.

Section 453A.40 - Inventory tax.

Section 453A.42 - Definitions.

Section 453A.43 - Tax on tobacco products.

Section 453A.44 - Licenses — distributors, subjobbers.

Section 453A.45 - Licensees, duties.

Section 453A.46 - Distributors, monthly returns — interest, penalties.

Section 453A.47 - Refunds, credits.

Section 453A.47A - Retailers — permits — fees — penalties.

Section 453A.47B - Requirements for mailing or shipping — alternative nicotine products or vapor products.

Section 453A.47C - Sales and use tax on delivery sales — alternative nicotine products or vapor products.

Section 453A.48 - Investigations and hearings, testimonial powers.

Section 453A.49 - Enforcement.

Section 453A.50 - Violations, penalties.

Section 453A.51 - Assessment of cost of audit.

Section 453A.56 - Uniform application.