Common use of Negotiated rate agreements Clause in Contracts

Negotiated rate agreements. Any person who has been issued or who has applied for a direct pay permit may request the department to enter into a negotiated rate agreement with the permit holder or applicant. These agreements are negotiated on a case-by-case basis and, if approved by the department, allow a direct pay permit holder to pay the state sales, local option sales, or use tax on a basis calculated by agreement between the direct pay permit holder and the department. Negotiated rate agreements are not applicable to sales and use taxes set out in subrule 12.3(2), paragraph “b,” above, and no negotiated rate agreement is effective for any period during which a taxpayer who is a signatory to the agreement is not a direct pay permit holder. All negotiated rate agreements shall contain the following information or an explanation for its omission: 1. The name of the taxpayer who has entered into the agreement with the department. 2. The name and title of each person signing the agreement and the name, telephone or fax number, and E-mail or physical address of at least one person to be contacted if questions regarding the agreement arise. 3. The period during which the agreement is in effect and the renewal or extension rights (if any) of each party, and the effective date of the agreement. 4. The negotiated rate or rates, the classes of sales or uses to which each separate rate is applicable, any items which will be excluded from the agreement, and any circumstances which will result in a changed rate or rates or changed composition of classes to which rates are applicable. 5. Actions or circumstances which render the agreement void, or voidable at the option of either party, and the time frame in which the agreement will be voided. 6. Rights, if any, of the parties to resort to mediation or arbitration. 7. An explanation of the department’s right to audit aspects of the agreement, including any right to audit remaining after the agreement’s termination. 8. The conditions by which the agreement may be terminated and the effective date of the termination. 9. The methodology used to determine the negotiated rate and any schedules needed to verify percentages. 10. Any other matter deemed necessary to the parties’ mutual understanding of the agreement. This rule is intended to implement Iowa Code sections 422.45(20) and 422.53 as amended by 1997

Negotiated rate agreements. Any person who has been issued or who has applied for a direct pay permit may request the department to enter into a negotiated rate agreement with the permit holder or applicant. These agreements are negotiated on a case-by-case basis and, if approved by the department, allow a direct pay permit holder to pay the state sales, local option sales, or use tax on a basis calculated by agreement between the direct pay permit holder and the department. Negotiated rate agreements are not applicable to sales and use taxes set out in subrule 12.3(2), paragraph “b,” above, and no negotiated rate agreement is effective for any period during which a taxpayer who is a signatory to the agreement is not a direct pay permit holder. All negotiated rate agreements shall contain the following information or an explanation for its omission: 1. The name of the taxpayer who has entered into the agreement with the department. 2. The name and title of each person signing the agreement and the name, telephone or fax number, and E-mail email or physical address of at least one person to be contacted if questions regarding the agreement arise. 3. The period during which the agreement is in effect and the renewal or extension rights (if any) of each party, and the effective date of the agreement. 4. The negotiated rate or rates, the classes of sales or uses to which each separate rate is applicable, any items which will be excluded from the agreement, and any circumstances which will result in a changed rate or rates or changed composition of classes to which rates are applicable. 5. Actions or circumstances which render the agreement void, or voidable at the option of either party, and the time frame in which the agreement will be voided. 6. Rights, if any, of the parties to resort to mediation or arbitration. 7. An explanation of the department’s right to audit aspects of the agreement, including any right to audit remaining after the agreement’s termination. 8. The conditions by which the agreement may be terminated and the effective date of the termination. 9. The methodology used to determine the negotiated rate and any schedules needed to verify percentages. 10. Any other matter deemed necessary to the parties’ mutual understanding of the agreement. This rule is intended to implement Iowa Code sections 422.45(20) and 422.53 as amended by 1997section 423.36.

Negotiated rate agreements. Any person who has been issued or who has applied for a direct pay permit may request the department to enter into a negotiated rate agreement with the permit holder or applicant. These agreements are negotiated on a case-by-case basis and, if approved by the department, allow a direct pay permit holder to pay the state sales, local option sales, or use tax on a basis calculated by agreement between the direct pay permit holder and the department. Negotiated rate agreements are not applicable to sales and use taxes set out in subrule 12.3(2), paragraph “b,” above, and no negotiated rate agreement is effective for any period during which a taxpayer who is a signatory to the agreement is not a direct pay permit holder. All negotiated rate agreements shall contain the following information or an explanation for its omission: 1. The name of the taxpayer who has entered into the agreement with the department. 2. The name and title of each person signing the agreement and the name, telephone or fax number, and E-mail email or physical address of at least one person to be contacted if questions regarding the agreement arise. 3. The period during which the agreement is in effect and the renewal or extension rights (if any) of each party, and the effective date of the agreement. 4. The negotiated rate or rates, the classes of sales or uses to which each separate rate is applicable, any items which will be excluded from the agreement, and any circumstances which will result in a changed rate or rates or changed composition of classes to which rates are applicable. 5. Actions or circumstances which render the agreement void, or voidable at the option of either party, and the time frame in which the agreement will be voided. 6. Rights, if any, of the parties to resort to mediation or arbitration. 7. An explanation of the department’s right to audit aspects of the agreement, including any right to audit remaining after the agreement’s termination. 8. The conditions by which the agreement may be terminated and the effective date of the termination. 9. The methodology used to determine the negotiated rate and any schedules needed to verify percentages. 10. Any other matter deemed necessary to the parties’ mutual understanding of the agreement. This rule is intended to implement Iowa Code sections 422.45(20) and 422.53 as amended by 1997