LD 2073
pg. 40
Page 39 of 63 An Act To Bring Maine's Sales and Use Tax Law into Conformity with the Streamli... Page 41 of 63
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LR 3203
Item 1

 
to collect, pay or remit the applicable tax.__The exemption
certificate remains in effect for all future sales by that seller
to that purchaser, except as to the specific apportionment of
subsequent sales, until it is revoked in writing.__Rules adopted
pursuant to this subsection are routine technical rules as
defined in Title 5, chapter 375, subchapter 2-A.

 
2. Payment of tax.__A business purchaser that provides an
exemption certificate claiming multiple points of use pursuant to
subsection 1 shall report and pay the applicable tax directly to
the assessor.__The tax due must be calculated as if the
apportioned amount of the digital good, computer software or
taxable service had been delivered to each jurisdiction to which
the sale is apportioned. The purchaser may use any reasonable,
but consistent and uniform, method of apportionment that is
supported by the purchaser's books and records kept in connection
with the sale.

 
3.__Certification of apportionment.__If the seller knows that
the digital good, computer software or taxable service will be
concurrently available for use in more than one jurisdiction, but
the business purchaser does not provide an exemption certificate
claiming multiple points of use as required in subsection 1, the
seller may cooperate with the purchaser to determine the correct
apportionment.__The purchaser and seller may use any reasonable,
but consistent and uniform, method of apportionment that is
supported by the seller's and purchaser's books and records kept
in connection with the sale.__If the purchaser certifies to the
accuracy of the apportionment and the seller accepts the
certification, the seller shall collect and remit the tax
pursuant to subsection 2.__In the absence of bad faith, the
seller is relieved of any further obligation to collect tax on
any transaction for which the seller has collected tax pursuant
to the information certified by the purchaser.

 
4.__Direct payment permit.__A holder of a direct payment
permit under section 1966 is not required to provide the
exemption certificate required by subsection 1 to the seller, but
must follow the provisions of subsection 2 in apportioning the
tax due on a digital good, computer software or taxable service
that will be concurrently available for use in more than one
jurisdiction.

 
5.__Sourcing.__If the seller knows that the product will be
concurrently available for use in more than one jurisdiction and
the business purchaser does not have a direct payment permit
under section 1966 and does not provide the seller with an
exemption certificate as required in subsection 1 or
certification pursuant to subsection 3, the seller shall collect


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