LD 1919
pg. 161
Page 160 of 225 An Act To Make Supplemental Appropriations and Allocations for the Expenditures... Page 162 of 225
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LR 2833
Item 1

 
service provider is responsible for obtaining and maintaining a
record of a customer's place of primary use.__Subject to subsection
2 and if the home service provider's reliance on the information
provided by its customer is in good faith, the home service
provider:

 
A.__May rely on the applicable residential or business
street address supplied by the home service provider's
customer; and

 
B.__May not be held liable for any additional taxes under
this chapter based on a different determination of the place
of primary use.

 
2.__Correction of place of primary use; determination by
assessor.__If the assessor determines that the address used by a
home service provider as a customer's place of primary use does
not meet the definition provided by section 2551, subsection 8,
the assessor shall notify the customer in writing of that
determination and provide the customer an opportunity to
demonstrate that that address is the customer's place of primary
use.__If the customer fails to demonstrate to the assessor's
satisfaction within 30 days from the time it receives notice from
the assessor, or within another time period as the assessor may
allow, that the address in question is the customer's place of
primary use, the assessor shall provide the home service provider
with the proper address to be used as the customer's place of
primary use. The home service provider shall begin using the
address provided by the assessor as the customer's place of
primary use within 30 days from the date it receives notice of
the assessor's determination.

 
3.__Hold harmless provision; use of electronic database or
enhanced zip code.__A home service provider is entitled to the
hold harmless protections provided by the federal Mobile
Telecommunications Sourcing Act, Public Law 106-252, Section 1,
114 Stat. 2, 2000.

 
4.__Bundled services.__Notwithstanding any other provision of
this Part, otherwise nontaxable charges that are aggregated with
and not separately stated from taxable mobile telecommunications
charges are subject to taxation unless the home service provider
can, to the satisfaction of the assessor, reasonably identify
such charges from books and records kept in the regular course of
its business. A customer may not rely upon the nontaxability of
bundled services unless the customer's home service provider
separately states the otherwise nontaxable services or the home
service provider elects, after receiving written notice from the
customer in the form required by the provider, to provide
verifiable data based upon the home service


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