LD 2073
pg. 34
Page 33 of 63 An Act To Bring Maine's Sales and Use Tax Law into Conformity with the Streamli... Page 35 of 63
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LR 3203
Item 1

 
place is 1, 2, 3 or 4 and rounded up to the next whole cent
whenever the 3rd decimal place is 5, 6, 7, 8 or 9.

 
Sec. 39. 36 MRSA §1812, sub-§2, as amended by PL 1991, c. 846, §24, is
further amended to read:

 
2. Several items. When several purchases are made together
and at the same time, the tax must may be computed on each item
individually or on the total amount of the several items, except
that purchases taxed at different rates must be separately
totaled as the retailer may elect.

 
Sec. 40. 36 MRSA §1812, sub-§4 is enacted to read:

 
4.__Application.__The application of any tax rate change under
section 1811 that is applicable to services provided over a
period starting before and ending after the statutory effective
date of that change is as follows:

 
A.__For a rate increase, the new rate applies to billing
periods that start on or after the statutory effective date;
and

 
B.__For a rate decrease, the new rate applies to bills
rendered on or after the statutory effective date.

 
Sec. 41. 36 MRSA §1814, sub-§4 is enacted to read:

 
4.__Recovery by purchaser.__A cause of action against a
retailer for over-collected sales or use taxes does not accrue
until a purchaser has provided written notice to the retailer and
the retailer has had 60 days to respond.__The notice to the
retailer must contain the information necessary to determine the
validity of the request.__In connection with a purchaser's
request to a retailer for return of over-collected sales or use
taxes, a retailer is presumed to have a reasonable business
practice if, in the collection of sales or use taxes, the
retailer uses either a provider or a system, including a
proprietary system, that is certified by the governing board or
the State, and has remitted to the State all taxes collected less
any deductions or credits otherwise provided by law.__The
customer refund procedures in this subsection provide the first
course of remedy available to purchasers seeking a return from
the retailer of over-collected sales or use taxes.

 
Sec. 42. 36 MRSA §1817 is enacted to read:

 
§1817.__Sourcing rules


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