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Telecommunications Sourcing Act, Public Law 106-252, Section 1, 114 | | Stat. 2, (2000) |
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| | | 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 provider's books and | | records that are kept in the regular course of business and that | | reasonably identify the nontaxable charges. |
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| | | 5.__Certain preexisting contracts.__Subject to subsection 2, a | | home service provider may treat the address used by it for | | purposes of the tax imposed by this chapter for any customer | | under a service contract or agreement in effect on July 28, 2002 | | as that customer's place of primary use for the remaining term of | | the service contract or agreement, excluding any extension or | | renewal period. |
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| | | The tax imposed by this chapter does not apply in connection | | with: |
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| | | 1.__Exemptions by constitutional provisions.__Sales that this | | State is prohibited from taxing under the constitution or laws of | | the United States or under the constitution of this State; |
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| | | 2.__Certain governmental entities.__Sales to the State or any | | political subdivision, or to the Federal Government, or to any | | unincorporated agency or instrumentality of either of them or to | | any incorporated agency or instrumentality of them wholly owned | | by them. This exemption does not apply to corporations organized | | under Title IV, Part E of the federal Farm Credit Act of 1971, 12 | | United States Code, Sections 2211 to 2214; |
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| | | 3.__Hospitals, research centers, churches and schools.__Sales | | to incorporated hospitals, incorporated nonprofit nursing homes | | licensed by the Department of Human Services, incorporated | | nonprofit residential care facilities licensed by the Department | | of Human Services, incorporated nonprofit home health agencies | | certified under the United States Social Security Act of 1965, | | Title XVIII, as amended, incorporated nonprofit rural community |
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