179.5 - EXCISE TAX -- ADMINISTRATION OF MONEYS -- APPROPRIATION.
179.5 EXCISE TAX -- ADMINISTRATION OF MONEYS --
APPROPRIATION.
1. There is levied and imposed an excise tax on all producers
within the state of three-fourths of one percent of the gross value
of milk produced in the state.
2. All taxes levied and imposed under this chapter shall be
deducted from the price received by the producer and shall be
collected by the first purchaser, except as follows:
a. If the producer produces milk from cows and sells the milk
directly to the consumer, the taxes shall be remitted by that
producer.
b. If the producer sells milk to a first purchaser outside
the state, the taxes are due and payable by that producer before the
shipment is made, except that the commission may make agreements with
extra state purchasers for the keeping of records and the collection
of the taxes as necessary to secure the payment of the taxes within
the time fixed by this chapter.
3. All taxes levied and imposed under this chapter and other
contributions made to the dairy industry commission shall be paid to
and collected by the commission within thirty days after the end of
the month during which the milk was marketed. The commission shall
remit the taxes and other contributions to the treasurer of the state
each quarter, and at the same time render to the director of the
department of administrative services an itemized and verified report
showing the source from which the taxes and voluntary contributions
were obtained. All taxes and voluntary contributions received,
collected, and remitted shall be placed in a special fund by the
treasurer of state and the director of the department of
administrative services, to be known as the "dairy industry fund"
to be used by the Iowa dairy industry commission for the purposes set
out in this chapter and to administer and enforce the laws relative
to this chapter. The department of administrative services shall
transfer moneys from the fund to the commission for deposit into an
account established by the commission in a qualified financial
institution. The department shall transfer the moneys as provided in
a resolution adopted by the commission. However, the department is
only required to transfer moneys once during each day and only during
hours when the offices of the state are open. Moneys deposited in
the fund and transferred to the commission as provided in this
section are appropriated and shall be used for the purpose of
carrying out the provisions of this chapter.
4. A person from whom the excise tax provided in this chapter is
collected may, by application filed with the commission within thirty
days after the collection of the tax, have the tax refunded to that
person by the commission. Section History: Early Form
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 179.5] Section History: Recent Form
85 Acts, ch 126, §11; 94 Acts, ch 1146, §2; 2003 Acts, ch 145,
§286
Referred to in § 179.2, 179.3, 179.8
Suspension during national order; see § 179.2