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Iowa Department of Revenue Notice of Intended Action ARC 2178C Copyright 2014 City of Dubuque Consent Items # 7. ITEM TITLE: Iowa Department of Revenue Notice of Intended Action ARC 2178C SUMMARY: City Manager recommending approval of the City's response to the Iowa Department of Revenue's proposed amendments to the Iowa tax statutes. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type ❑ Letter to Iowa Department of Revenue ARC 2178C Supporting Documentation Dubuque City Manager's Office THE CITY OF City Hall DUDT TB 50 West 13th Street UB Dubuque, IA 52001-4805 Masterpiece on the Mississippi Office (563) 589-4110 Fax (563) 589-4149 TTY (563) 690-6678 c,tymgr@cityofdubuque.org www.cityofdubuque.org October 19, 2015 Courtney M. Kay-Decker Director of the Department of Revenue Iowa Department of Revenue c/o Victoria Daniels at victoria.daniels@iowa.gov Re: ARC 2178C, Notice of Intended Action to amend Chapter 15, "Determination of a Sale and Sale Price," Chapter 18, 'Taxable and Exempt Sales Determined by Method of Transaction or Usage," Chapter 219, "Sales and Use Tax on Construction Activities," and Chapter 230, "Exemptions Primarily Benefiting Manufacturers and Other Persons Engaged in Processing," Iowa Administrative Code. Dear Ms. Kay-Decker: The purpose of this letter is to respond to the Revenue Department Notice of Intended Action ARC 2178C, and to provide comments on behalf of the City of Dubuque. The City has a number of concerns with the proposed amendments and requests that the proposals be withdrawn. First, the Notice of Intended Action states that "The proposed changes will expand the number of items that qualify as exempt computers, machinery, or equipment." While the City acknowledges the Director's authority under Iowa Code Chapter 423 to administer the Iowa tax statutes, the City has serious questions with the Director's claim of authority to create new exemptions from taxation which the legislature has not approved. Some of the proposed changes appear to change laws rather than clarify or interpret statutes or court decisions. Second, the Notice of Intended Action states further that "the Department finds that the changes to the program are likely to have a positive impact on jobs" and also notes that "Reducing the tax burden on business inputs for manufacturers is likely to have a positive impact on jobs". Again, while we acknowledge the Director's broad grant of statutory authority, Chapters 422 and 423 of the Iowa Code say nothing about job creation being a basis for Department rulemaking. As such, the proposed rulemaking goes beyond the appropriate scope of such authority. Service People Ipiomty keryovsibility I-o-oov Te—woek Third, the reference in the Notice of Intended Action to the reduction of taxes and tax burdens similarly indicates that other reasons, outside the scope of the Director's delegated authority, may be prompting the proposed rulemaking. Even if that were a lawful basis upon which to exercise rulemaking authority, the proposed amendments won't "reduce" taxes; they will simply shift the tax burden from manufacturing concerns to residential property taxpayers. The projected magnitude of the shift, estimated in the Notice to be $35 million to $40 million annually, shows that this would be a significant policy decision. The proposed amendments are a substantial modification of established rules upon which reliance has been placed, and cannot be described as merely administering the tax laws. Finally, as you know, amendments such as those proposed will have a very significant adverse impact on the repayment of sales tax secured bonds, including those which the City issued in connection with the sales tax increment flood grant made by the State of Iowa under the Flood Mitigation Program. For that reason, if our tax laws are to be significantly modified to the detriment of local governments, it should be done by legislation. On behalf of the City of Dubuque, I urge you to withdraw or substantially revise the proposed amendments. Sincerely, � Q Mi ael C. Van Milligert City Manager Cc: Mayor Roy Buol Dubuque City Council Barry Lindahl, City Attorney Service People Integrity Responsibility Innovation Teamwork