LD 1462
pg. 8
Page 7 of 16 An Act To Make Minor Substantive Changes to the Tax Laws Page 9 of 16
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LR 538
Item 1

 
2-C. Resale certificates; contents; presentation to vendor. The
assessor shall annually review the status of each retailer
registered under this section. On on or before December 31st 31,
2005, and on or before December 31st of each every 3rd year, the
thereafter.__The assessor shall issue to each registered retailer
with gross sales of $10,000 or more during the 12 months preceding
the assessor's review an annual a resale certificate effective for
the next succeeding calendar year 3 years. Each certificate must
contain the name and address of the retailer, the expiration date
of the certificate and the certificate number. If a vendor has a
true copy of a retailer's resale certificate on file, that retailer
need not present the certificate for each subsequent transaction
with that vendor during the calendar year period for which it is
valid.

 
Sec. 14. 36 MRSA §1811-B, as enacted by PL 2003, c. 673, Pt. AAA,
§3, is amended to read:

 
§1811-B. Credit for tax paid on purchases for resale

 
A retailer registered under section 1754-B may claim a credit
for sales tax imposed by chapters 211 to 225 this Part if the
retailer has paid the sales tax on an item that it subsequently
resells tangible personal property purchased for resale at retail
sale. The credit may be claimed only on the return on which the
sale of the item is reported that corresponds to the month in
which the tax was paid. The credit must be claimed on a return
filed within 5 years from the date on which the retailer
purchased the item and may not be claimed if the item was used
has been withdrawn from inventory by the retailer for the
retailer's own use prior to its sale.

 
Sec. 15. 36 MRSA §2908, as repealed and replaced by PL 1987, c.
402, Pt. A, §183, is repealed and the following enacted in its
place:

 
§2908. Refund of tax in certain cases; time limit

 
A person who purchases and uses internal combustion engine
fuel for any commercial use other than in the operation of a
registered motor vehicle on the highways of this State or, except
as provided in section 2910, in the operation of an aircraft and
who has paid the tax imposed by this chapter on that fuel is
entitled to reimbursement in the amount of the tax paid, less 1__
per gallon, upon presenting to the State Tax Assessor a sworn
statement accompanied by the original invoices or other evidence
as the assessor may require. The statement must show the total
amount of internal combustion engine fuel so purchased and used
by that person for a commercial use other than in the operation


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