| | | Sec. 55. 36 MRSA §2551, sub-§§15-A and 16-A are enacted to read: |
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| | | 15-A. Sale price. "Sale price" means the total amount of | | consideration, including cash, credit, property and services, for | | which personal property or services are sold, leased or rented, | | valued in money, whether received in money or otherwise, without | | any deduction for the cost of materials used, labor or service | | cost, interest, losses or any other expense of the seller. |
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| | | A. "Sale price" includes the value of any property or | | service that is transferred to the purchaser along with a | | service subject to tax under this chapter in a bundled | | transaction. |
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| | | B. "Sale price" includes consideration received by the | | seller from 3rd parties if: |
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| | | (1) The seller actually receives consideration from a | | party other than the purchaser and the consideration is | | directly related to a price reduction or discount on | | the sale; |
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| | | (2) The seller has an obligation to pass the price | | reduction or discount through to the purchaser; |
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| | | (3) The amount of the consideration attributable to the | | sale is fixed and determinable by the seller at the | | time of the sale of the item to the purchaser; and |
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| | | (4) One of the following criteria is met: |
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| | | (a) The purchaser presents a coupon, certificate | | or other documentation to the seller to claim a | | price reduction or discount where the coupon, | | certificate or documentation is authorized, | | distributed or granted by a 3rd party with the | | understanding that the 3rd party will reimburse | | any seller to whom the coupon, certificate or | | documentation is presented; |
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| | | (b) The purchaser identifies the purchaser to the | | seller as a member of a group or organization | | entitled to a price reduction or discount. A | | preferred customer card that is available to any | | customer does not constitute membership in such a | | group; or |
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| | | (c) The price reduction or discount is identified as a 3rd-party | | price reduction or discount on the |
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