602.6703 - DECLARATORY JUDGMENT TO ADJUDICATE CONSTITUTIONAL NEXUS ISSUES REGARDING TAXATION.
602.6703 DECLARATORY JUDGMENT TO ADJUDICATE CONSTITUTIONAL NEXUS ISSUES REGARDING TAXATION. 1. District courts have original jurisdiction over civil actions seeking declaratory judgment when both of the following apply: a. The party seeking declaratory relief is a business that is any of the following: (1) Organized under the laws of this state. (2) A sole proprietorship owned by a domiciliary of this state. (3) Authorized to do business in this state. b. The responding party is a government official of another state, or political subdivision of another state, who asserts that the business in question is obliged to collect sales or use taxes for such state or political subdivision based upon conduct of the business that occurs wholly or partially within that state or political subdivision. 2. A business meeting the requirements and facing the circumstances described in subsection 1 shall be entitled to declaratory relief on the issue of whether the requirement of another state, or political subdivision of another state, that the business collect and remit sales or use taxes to that state, or political subdivision, in the factual circumstances of the business' operations giving rise to the demand, constitutes an undue burden on interstate commerce within the meaning of the Constitution of the United States.
Section History: Recent Form 2005 Acts, ch 140, §68