LD 1919
pg. 150
Page 149 of 267 PUBLIC Law Chapter 673 Page 151 of 267
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LR 2833
Item 1

 
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 provider's books and
records that are kept in the regular course of business and that
reasonably identify the nontaxable charges.

 
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.

 
§2557.__Exemptions

 
The tax imposed by this chapter does not apply in connection
with:

 
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;

 
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;

 
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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