Iowa Admin. Code r. 701—252.5(423G) — When water service is furnished for compensation

252.5(1) Itemized sales of water service. Water service is furnished for compensation when water service is sold for a separately itemized price. Example A: Itemized sale of water service. Z is an entity that provides water from a well by piped distribution to various homes in the community. Each home that is connected to the well pays $20 per month, which is used by Z for maintaining the water distribution system. Z is a water utility making sales of water service and must collect and remit tax on the $20 monthly fee charged to each of Z’s members. Example B: Sale for resale. An apartment owner purchases water from a city water utility and distributes the water to each unit through a system of pipes. The city meters the apartment owner’s use of water each month and charges the apartment owner for the water service. The apartment owner separately bills each of the tenants $40 per month for water service, including the cost of water and maintenance on the water distribution system. The apartment owner is a water utility and must collect and remit tax on the Revenue[701]Ch 252, p.2 IAC 3/19/25 $40 monthly charge for water service. The apartment owner may purchase the water from the city exempt from tax as a sale for resale. 252.5(2) Water service sold for an identifiable price. Water service is furnished for compensation when the price of the water service is identifiable from an invoice, bill, catalog, price list, rate card, receipt, agreement, or other similar document, including where the total sales price increases when water service is included in the sale. Example: Cost varies with inclusion of water service. A campground provides three campsite packages to its customers: Package A includes only campsite access for $10 per night. Package B includes campsite access and an electrical hookup for $20 per night. Package C includes campsite access, an electrical hookup, and water service for $30 per night. Sales of package C by the campground include sales of water service. The campground must collect and remit tax on $10—the identifiable sales price of water service. 252.5(3) Water service not furnished for compensation; incidental sales. No sale of water service for compensation occurs where water service is not sold for a separately itemized or identifiable price and is incidental to the rental of real property. Example A: Water service sold with real estate rental for one nonitemized price. A manufactured housing community (MHC) owner owns a well and pipes water to the lots. The MHC owner charges tenants $500 per month for each lot rental. Water from the well is included in the $500 rental charge. The MHC owner does not do any of the following: charge a flat water fee, charge tenants based on their actual water used, or offer comparable lots at a lower price that do not have access to water service. The MHC owner is not required to collect or remit tax because water is not being furnished for compensation; it is incidental to the rental of real property. Example B: Water service sold with real estate rental for one nonitemized price. A manufactured housing community (MHC) purchases water from a city water utility and distributes the water to each lot in the community through a system of pipes. The city meters the MHC’s use of water each month and charges the MHC for the water service and the applicable tax. The MHC charges its tenants $500 for lot rental. As in the previous example, the MHC owner does not do any of the following: charge a flat water fee, charge tenants based on their actual water used, or offer comparable lots at a lower price that do not have access to water service. The MHC owner is not required to collect or remit tax because water is not being furnished for compensation; it is incidental to the rental of real property.