LD 1394
pg. 4
Page 3 of 16 An Act To Modernize the State's Tax System Page 5 of 16
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LR 1697
Item 1

 
PART D

 
Sec. D-1. 36 MRSA §1752, sub-§1-H is enacted to read:

 
1-H.__Construction services.__"Construction services" means
services provided in this State to the general public by a
person engaged in the activity of building.__The activity of
building pertains to any building, highway, road, railroad,
excavation, manufactured building or other structure and
involves any act of construction, alteration, repair,
substantial maintenance, addition to, subtraction from,
improvement, movement or demolition, or the construction of
scaffolding or other structures or work related to the
activity of building.__"Construction services" includes, but
is not limited to, the services typically provided by building
contractors, road and driveway contractors, concrete
contractors, excavators, carpenters, masons, electricians,
plumbers, roofers, siding applicators and house painters.

 
Sec. D-2. 36 MRSA §1752, sub-§5-C is enacted to read:

 
5-C.__Legal services.__"Legal services" means professional
services provided by an attorney-at-law and that attorney's
support staff.

 
Sec. D-3. 36 MRSA §1752, sub-§11, ķA, as enacted by PL 1989, c. 871,
§5, is amended to read:

 
A. "Retail sale" includes:

 
(1) Conditional sales, installment lease sales and
any other transfer of tangible personal property when
the title is retained as security for the payment of
the purchase price and is intended to be transferred
later; and

 
(2) Sale of products for internal human consumption
to a person for resale through coin-operated vending
machines when sold to a retailer whose gross receipts
from the retail sale of tangible personal property
derived through sales from vending machines are more
than 50% of the retailer's gross receipts. The tax
must be paid by the retailer to the State.; and

 
(3)__The provision of a taxable service defined under
subsection 17-A to the extent the taxable service is
provided in this State and only if the relationship
between the provider and the recipient of the taxable
service is not an employment relationship with
respect to the provision of the service.


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