LD 2073
pg. 36
Page 35 of 63 An Act To Bring Maine's Sales and Use Tax Law into Conformity with the Streamli... Page 37 of 63
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LR 3203
Item 1

 
3.__Sourcing of lease transactions.__The lease or rental of
tangible personal property, except lease or rental of
transportation equipment and except as otherwise provided in
subsection 4, is sourced as follows.

 
A. For a lease or rental that requires recurring periodic
payments, the first periodic payment is sourced in
accordance with the provisions of subsection 2. Periodic
payments made subsequent to the first payment are sourced to
the primary property location for the period covered by each
payment. The primary property location is an address for the
property provided by the lessee that is available to the
lessor from its records maintained in the ordinary course of
business, when use of this address does not constitute bad
faith. The primary property location is not altered by
intermittent use at different locations, such as use of
business property that accompanies employees on business
trips and service calls.

 
B. For a lease or rental that does not require recurring
periodic payments, the payment is sourced in accordance with
the provisions of subsection 2.

 
This subsection does not affect the imposition or computation of
sales or use tax on leases or rentals based on a lump sum or
accelerated basis or on the acquisition of property for lease.

 
4.__Sourcing of certain vehicle leases.__The lease or rental
of motor vehicles, trailers, semitrailers or aircraft that do not
qualify as transportation equipment are sourced as follows.

 
A.__For a lease or rental that requires recurring periodic
payments, each periodic payment is sourced to the primary
property location for the period covered by that payment.
The primary property location is an address for the property
provided by the lessee that is available to the lessor from
its records maintained in the ordinary course of business,
when use of this address does not constitute bad faith. The
primary property location is not altered by intermittent use
at different locations.

 
B. For a lease or rental that does not require recurring
periodic payments, the payment is sourced in accordance with
the provisions of subsection 2.

 
This subsection does not affect the imposition or computation of
sales or use tax on leases or rentals based on a lump sum or
accelerated basis or on the acquisition of property for lease.


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