§ 423.4 — Refunds

Iowa § 423.4

• Jurisdiction: Iowa
• Title X: FINANCIAL RESOURCES
• Ch. 423: STREAMLINED SALES AND USE TAX ACT

Text

1. a. For purposes of this subsection, a “designated exempt entity” means any of the
following:
(1) A private nonprofit educational institution in this state.
(2) A nonprofit Iowa affiliate of a nonprofit international organization whose primary
activity is the promotion of the construction, remodeling, or rehabilitation of one-family or
two-family dwellings for low-income families.
(3) A nonprofit private museum in this state.
(4) A tax-certifying or tax-levying body or governmental subdivision of the state,
including the state board of regents, the department of health and human services, and the
state department of transportation.
(5) A municipally owned solid waste facility which sells all or part of its processed waste
as fuel to a municipally owned public utility.
(6) The state of Iowa.
(7) Any political subdivision of the state.
(8) All divisions, boards, commissions, agencies, or instrumentalities of state, federal,
county, or municipal government which do not have earnings going to the benefit of an equity
investor or stockholder.
(9) A tribal government, and any instrumentalities of the tribal government which do not
have earnings going to the benefit of an equity investor or stockholder. For the purposes of
this subparagraph, “tribal government” means the governing body of a federally recognized
Indian tribe.
(10) A fair organized under chapter 174.
b. A designated exempt entity may apply to the department for the refund of the sales or
use tax upon the sales price of all sales of building materials, supplies, equipment, or from
services furnished to a contractor, used in the performance of a written contract with the
designated exempt entity if all of the following apply:
(1) The building materials, supplies, equipment, or services are completely consumed in
the performance of a construction project with the designated entity.
(2) The property that is subject of the construction project becomes public property or the
property of an exempt entity.
(3) The building materials, supplies, equipment, or services furnished are not used in
the performance of any contract in connection with the operation of any municipal utility
engaged in selling gas, electricity, or heat to the general public or in connection with the
operation of a municipal pay television system; and are not used in the performance of a
contract for a “project” under chapter 419 as defined in that chapter other than building
materials, supplies, or equipment used in the performance of a contract for a “project” under
chapter419forwhichabondissuewasapprovedbyamunicipalitypriortoJuly1, 1968, orfor
which the building materials, supplies, or equipment becomes an integral part of the project
under contract and at the completion of the project becomes public property or is devoted to
educational uses.
c. A contractor shall state under oath, on forms provided by the department, the amount
of such sales of building materials, supplies, or equipment, or services furnished and used in
the performance of such contract, and upon which sales or use tax has been paid, and shall
file such forms with the designated exempt entity which has made any written contract for
performance by the contractor. The forms shall be filed by the contractor with the designated
exempt entity before final settlement is made.

d. A designated exempt entity shall, not more than one year after the final settlement has
beenmade, applytothedepartmentforanyrefundoftheamountofthesalesorusetaxwhich
shall have been paid upon any building materials, supplies, equipment, or services furnished,
the application to be made in the manner and upon forms to be provided by the department,
and the department shall forthwith audit the claim and, if approved, issue a warrant to the
designated exempt entity in the amount of the sales or use tax which has been paid to the
state of Iowa under the contract.
e. Refunds authorized under this subsection shall accrue interest in accordance with
section 421.60, subsection 2, paragraph “e”.
f. Anycontractorwhowillfullymakesafalsereportoftaxpaidundertheprovisionsofthis
subsection is guilty of a simple misdemeanor and in addition shall be liable for the payment
of the tax and any applicable penalty and interest.
2. The refund of sales and use tax paid on transportation construction projects let by the
state department of transportation is subject to the special provisions of this subsection.
a. A contractor awarded a contract for a transportation construction project is considered
the consumer of all building materials, building supplies, equipment, and services and shall
pay sales tax to the supplier or remit consumer use tax directly to the department.
b. The contractor is not required to file information with the state department of
transportation stating the amount of building materials, supplies, equipment, or services
used in the performance of the contract or the amount of sales or use tax paid.
c. The state department of transportation shall file a refund claim based on a formula that
considers the following:
(1) The quantity of material to complete the contract, and quantities of items of work.
(2) The estimated cost of these materials included in the items of work, and the state
sales or use tax to be paid on the tax rate in effect in section 423.2. The quantity of materials
shall be determined after each letting based on the contract quantities of all items of work
let to contract. The quantity of individual component materials required for each item shall
be determined and maintained in a database. The total quantities of materials shall be
determined by multiplying the quantities of component materials for each contract item of
work by the total quantities of each contract item for each letting. Where variances exist in
the cost of materials, the lowest cost shall be used as the base cost.
d. Only the state sales or use tax is refundable. Local option taxes paid by the contractor
are not refundable.
3. A relief agency may apply to the director for refund of the amount of sales or use
tax imposed and paid upon sales to it of any tangible personal property or specified digital
products, or services furnished, used for free distribution to the poor and needy.
a. Therefundsmaybeobtainedonlyinthefollowingamountsandmannerandonlyunder
the following conditions:
(1) On forms furnished by the department, and filed within the time as the director shall
provide by rule, the relief agency shall report to the department the total amount or amounts,
valued in money, expended directly or indirectly for tangible personal property or specified
digital products, or services furnished, used for free distribution to the poor and needy.
(2) On these forms the relief agency shall separately list the persons making the sales to
it or to its order, together with the dates of the sales, and the total amount so expended by
the relief agency.
(3) The relief agency must prove to the satisfaction of the director that the person making
thesaleshasincludedtheamountthereofinthecomputationofthesalespriceofsuchperson
and that such person has paid the tax levied by this subchapter or subchapter III, based upon
such computation of the sales price.
b. If satisfied that the foregoing conditions and requirements have been complied with,
the director shall refund the amount claimed by the relief agency.
4. A person in possession of a wind energy production tax credit certificate pursuant to
chapter 476B or a renewable energy tax credit certificate issued pursuant to chapter 476C
may apply to the director for refund of the amount of sales or use tax imposed and paid upon
purchases made by the applicant.

a. The refunds may be obtained only in the following manner and under the following
conditions:
(1) On forms furnished by the department and filed by January 31 after the end of the
calendar year in which the tax credit certificate is to be applied, the applicant shall report
to the department the total amount of sales and use tax paid during the reporting period on
purchases made by the applicant.
(2) The applicant shall separately list the amounts of sales and use tax paid during the
reporting period.
(3) If required by the department, the applicant shall prove that the person making the
sales has included the amount thereof in the computation of the sales price of such person
and that such person has paid the tax levied by this subchapter or subchapter III, based upon
such computation of the sales price.
(4) The applicant shall provide the tax credit certificates issued pursuant to chapter 476B
or 476C to the department with the forms required by this paragraph “a”.
b. If satisfied that the foregoing conditions and requirements have been complied with,
the director shall refund the amount claimed by the applicant for an amount not greater than
the amount of tax credits issued in tax credit certificates pursuant to chapter 476B or 476C.
5. a. For purposes of this subsection:
(1) “Automobile racetrack facility” means a sanctioned automobile racetrack facility
located as part of a racetrack and entertainment complex, including any museum attached
to or included in the racetrack facility but excluding any restaurant, and which facility is
located, on a maximum of two hundred thirty-two acres, in a city with a population of at least
fourteen thousand five hundred but not more than sixteen thousand five hundred residents,
which city is located in a county with a population of at least thirty-five thousand but not
more than forty thousand residents and where the construction on the racetrack facility
commenced not later than July 1, 2006, and the cost of the construction upon completion
was at least thirty-five million dollars.
(2) “Change of control” means any change in the ownership of the original or any
subsequent legal entity that is the owner or operator of the automobile racetrack facility
such that less than twenty-five percent of the equity interests in the legal entity is owned by
individuals who are residents of Iowa, an Iowa business, or combination of both.
(3) “Iowa business” means a corporation or limited liability company incorporated or
formed under the laws of Iowa.
(4) “Owner or operator” means a for-profit legal entity where at least twenty-five percent
of its equity interests are owned by individuals who are residents of Iowa, an Iowa business,
or combination of both and that is the owner or operator of an automobile racetrack facility
and is primarily a promoter of motor vehicle races.
(5) “Population” means the population based upon the 2000 certified federal census.
b. The owner or operator of an automobile racetrack facility may apply to the department
for a rebate of sales tax imposed and collected by retailers upon sales of tangible personal
property or services furnished to purchasers at the automobile racetrack facility.
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) Thetransactionsforwhichsalestaxwascollectedandtherebateissoughtoccurredon
or after January 1, 2006, but before January 1, 2026. However, not more than twelve million
five hundred thousand dollars in total rebates shall be provided pursuant to this subsection.
(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 automobile racetrack facility.
(5) Theautomobileracetrackfacilityhasnotreceivedorshallnotreceiveanygrantsunder
the community attraction and tourism program pursuant to chapter 15F, subchapter II, or the
vision Iowa program pursuant to chapter 15F, subchapter III.
d. Toassistthedepartmentindeterminingtheamountoftherebate,theowneroroperator

shall identify to the department retailers located at the automobile racetrack 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 automobile racetrack facility regardless of where
the transactions actually occur.
e. 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.
f. Notwithstanding the state sales tax imposed in section 423.2, a rebate issued pursuant
to this subsection shall not exceed an amount equal to five percent of the sales price of the
tangible personal property or services furnished to purchasers at the automobile racetrack
facility. Any local option taxes paid and collected shall not be subject to rebate under this
subsection.
g. This subsection is repealed June 30, 2026, or thirty days following the date on which
twelve million five hundred thousand dollars in total rebates have been provided, or thirty
days following the date on which rebates cease as provided in paragraph “c”, subparagraph
(4), whichever is the earliest.
6. a. (1) The owner of a collaborative educational facility in this state may make
application to the department for the refund of the sales or use tax upon the sales price of all
sales of building materials, supplies, equipment, or from services furnished to a contractor,
used in the fulfillment of a written construction contract with the owner of the collaborative
educational facility for the original construction, or additions or modifications to, a building
or structure to be used as part of the collaborative educational facility.
(2) To receive the refund under this subsection, a collaborative educational facility must
meet all of the following criteria:
(a) The contract for construction of the building or structure is entered into on or after
April 1, 2003.
(b) The building or structure is located within the corporate limits of a city in the state
with a population in excess of one hundred ninety-five thousand residents.
(c) The sole purpose of the building or structure is to provide facilities for a collaborative
of public and private educational institutions that provide education to students.
(d) The owner of the building or structure is a nonprofit corporation governed by chapter
504 or former chapter 504A which is exempt from federal income tax pursuant to section
501(a) of the Internal Revenue Code.
(3) References to “building” or “structure” in subparagraph (2), subparagraph divisions
(a) through (d) include any additions or modifications to the building or structure.
b. A contractor shall state under oath, on forms provided by the department, the amount
of such sales of building materials, supplies, equipment, or services furnished and used in
the performance of such contract, and upon which sales or use tax has been paid, and shall
file such forms with the owner of the collaborative educational facility which has made any
written contract for performance by the contractor.
c. (1) The owner of the collaborative educational facility shall, not more than one year
after the final settlement has been made, make application to the department for any refund
of the amount of the sales or use tax which shall have been paid upon any building materials,
supplies, equipment, or services furnished, the application to be made in the manner and
upon forms to be provided by the department, and the department shall forthwith audit the
claimand, ifapproved, issueawarranttotheownerofthecollaborativeeducationalfacilityin
the amount of the sales or use tax which has been paid to the state of Iowa under the contract.
(2) Refunds authorized under this subsection shall accrue interest in accordance with
section 421.60, subsection 2, paragraph “e”.
d. Anycontractorwhowillfullymakesafalsereportoftaxpaidundertheprovisionsofthis
subsection is guilty of a simple misdemeanor and in addition shall be liable for the payment
of the tax and any applicable penalty and interest.
7. a. The owner of a data center business, as defined in section 423.3, subsection 95,
located in this state may make an annual application for up to five consecutive years to the
departmentfortherefundoffiftypercentofthesalesorusetaxuponthesalespriceofallsales

offuelusedincreatingheat, power, andsteamforprocessingorgeneratingelectricalcurrent,
or from the sale of electricity consumed by computers, machinery, or other equipment for
operation of the data center business facility.
b. A data center business shall qualify for the refund in this subsection if all of the
following criteria are met:
(1) The data center business shall make an investment in an Iowa physical location within
the first three years of operation in Iowa beginning with the date on which the data center
business initiates site preparation activities, or within three years of the beginning date of the
initial lease term of the data center, as applicable.
(2) The amount of the investment in an Iowa physical location, including the value of
a lease agreement, or an investment in land or buildings, and the capital expenditures for
computers, machinery, and other equipment used in the operation of the data center business
shall equal at least one million dollars, but shall not exceed ten million dollars for a newly
constructed building or five million dollars for a rehabilitated building.
(3) If the data center business is leasing a building to house operations, the data center
business shall enter into a lease that is at least five years in duration.
(4) The data center business shall comply with the sustainable design and construction
standards established by the state building code commissioner pursuant to section 103A.8B.
c. The refund may be obtained only in the following manner and under the following
conditions:
(1) The applicant shall use forms furnished by the department.
(2) The applicant shall separately list the amounts of sales and use tax paid during the
reporting period.
(3) The applicant may request when the refund begins, but it must start on the first day
of a month and proceed for a continuous twelve-month period.
d. In determining the amount to be refunded, if the dates of the utility billing or meter
reading cycle for the sale or furnishing of metered gas and electricity are on or after the first
day of the first month through the last day of the last month of the refund year, fifty percent
of the amount of tax charged in the billings shall be refunded. In determining the amount to
be refunded, if the dates of the sale or furnishing of fuel for purposes of commercial energy
and the delivery of the fuel are on or after the first day of the first month through the last day
of the last month of the refund year, fifty percent of the amount of tax charged in the billings
shall be refunded.
e. To receive refunds during the five-year period, the applicant shall file a refund claim
within three months after the end of each refund year.
f. The refund in this subsection applies only to state sales and use tax paid and does
not apply to local option sales and services taxes imposed pursuant to chapter 423B.
Notwithstanding the state sales tax imposed in section 423.2, a refund issued pursuant to
this section shall not exceed an amount equal to five percent of the sales price of the fuel
used to create heat, power, and steam for processing or generating electrical current or
from the sale price of electricity consumed by computers, machinery, or other equipment for
operation of the data center business facility.
g. As used in this subsection, “site preparation activities” means the same as defined in
section 423.3, subsection 95.
8. a. The owner of a data center business, as defined in section 423.3, subsection 95,
paragraph “e”, located in this state that is not eligible for the exemption under section 423.3,
subsection 95, may make an annual application to the department for the refund of fifty
percent of the sales or use tax upon all of the following:
(1) The sales price from the sale or rental of computers and equipment that are necessary
for the maintenance and operation of a data center business and property whether directly
or indirectly connected to the computers, including but not limited to cooling systems,
cooling towers, and other temperature control infrastructure; power infrastructure for
transformation, distribution, or management of electricity used for the maintenance and
operation of the data center business including but not limited to exterior dedicated
business-owned substations, backup power generation systems, battery systems, and

related infrastructure; and racking systems, cabling, and trays, which are necessary for the
maintenance and operation of the data center business.
(2) The sales price of backup power generation fuel that is purchased by a data center
business for use in the items listed in subparagraph (1).
(3) The sales price of electricity purchased for use in providing data center services.
b. A data center business shall qualify for the partial refund in this subsection if all of the
following criteria are met:
(1) The data center business shall have a physical location in the state which is at least
five thousand square feet in size.
(2) The data center business shall make a minimum investment of at least ten million
dollars, in the case of new construction, or at least five million dollars in the case of a
rehabilitated building, in an Iowa physical location within the first six years of operation in
Iowa, beginning with the date on which the data center business initiates site preparation
activities or the beginning date of the initial lease term, as applicable. The minimum
investment includes the initial investment, including the value of a lease agreement or
the amount invested in land and subsequent acquisition of additional adjacent land and
subsequent investment at the Iowa location.
(3) If the data center business is leasing a building to house operations, the data center
business shall enter into a lease that is at least five years in duration.
(4) The data center business shall comply with the sustainable design and construction
standards established by the state building code commissioner pursuant to section 103A.8B.
c. The refund allowed under this subsection shall be available for the following periods
of time:
(1) For an investment of at least ten million dollars, in the case of new construction, or
at least five million dollars, in the case of a rehabilitated building, but less than one hundred
thirty-six million dollars, ten years.
(2) For an investment of at least one hundred thirty-six million dollars, but less than two
hundred million dollars, seven years.
d. The refund may be obtained only in the following manner and under the following
conditions:
(1) The applicant shall use forms furnished by the department.
(2) The applicant shall separately list the amounts of sales and use tax paid during the
reporting period.
(3) The applicant may request when the refund begins, but it must start on the first day
of a month and proceed for a continuous twelve-month period.
e. In determining the amount to be refunded, if the dates of the utility billing or meter
reading cycle for the sale or furnishing of metered gas and electricity are on or after the first
day of the first month through the last day of the last month of the refund year, fifty percent
of the amount of tax charged in the billings shall be refunded. In determining the amount to
be refunded, if the dates of the sale or furnishing of fuel for purposes of commercial energy
and the delivery of the fuel are on or after the first day of the first month through the last day
of the last month of the refund year, fifty percent of the amount of tax charged in the billings
shall be refunded.
f. To receive refunds during the applicable refund period, the applicant shall file a refund
claim within three months after the end of each refund year.
g. The refund in this subsection applies only to state sales and use tax paid and does
not apply to local option sales and services taxes imposed pursuant to chapter 423B.
Notwithstanding the state sales tax imposed in section 423.2, a refund issued pursuant to
this section shall not exceed an amount equal to five percent of the sales price of the items
listed in paragraph “a”, subparagraphs (1), (2), and (3).
h. As used in this subsection, “site preparation activities” means the same as defined in
section 423.3, subsection 95.
9. Apersonwhoqualifiesasabiodieselproducerasprovidedinthissubsectionmayapply
to the director for a refund of the amount of the sales or use tax imposed and paid upon
purchases made by the person.
a. The person must be engaged in the manufacturing of biodiesel and be registered

with the United States environmental protection agency as a manufacturer according to
the requirements in 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. 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 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
baseballandsoftballcomplexandisprimarilyapromoterofbaseballorsoftballtournaments,
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
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 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. Toassistthedepartmentindeterminingtheamountoftherebate,theowneroroperator
shallidentifytothedepartmentretailerslocatedatthebaseballandsoftballcomplexwhowill
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
taxrevenuestransferredpursuanttosection423.2A,subsection2, paragraph“d”. Anaccount
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. 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) “Changeofcontrol”meansachangeinownershipsuchthatthefairthatwastheowner
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.
(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 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.
(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) TheamountofprojectcostsincurredandpaidbytheowneroroperatoronorafterMay
16,2018. Forpurposesofthissubsection,“projectcosts”meanscostsincurredandpaidbythe
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 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. Toassistthedepartmentindeterminingtheamountoftherebate,theowneroroperator
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 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 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 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.