| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 36 MRSA §1752, sub-§14, ¶B, as amended by PL 2003, c. 673, Pt. | V, §16 and affected by §29, is further amended to read: |
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| B. "Sale price" does not include: |
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| (1) Discounts allowed and taken on sales; |
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| (2) Allowances in cash or by credit made upon the return | of merchandise pursuant to warranty; |
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| (3) The price of property returned by customers, when the | full price is refunded either in cash or by credit; |
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| (4) The price received for labor or services used in | installing or applying or repairing the property sold, | if separately charged or stated; |
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| (5) Any amount charged or collected, in lieu of a gratuity | or tip, as a specifically stated service charge, when | that amount is to be disbursed by a hotel, motel, | restaurant or other eating establishment to its | employees as wages; |
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| (6) The amount of any tax imposed by the United States on | or with respect to retail sales, whether imposed upon | the retailer or the consumer, except any | manufacturers', importers', alcohol or tobacco excise | tax; |
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| (7) The cost of transportation from the retailer's place | of business or other point from which shipment is made | directly to the purchaser, provided that those charges | are separately stated and the transportation occurs by | means of common carrier, contract carrier or the United | States mail; |
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| (8) The fee imposed by Title 10, section 1169, | subsection 11; |
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| (9) The fee imposed by section 4832, subsection 1; or |
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| (10) The lead-acid battery deposit imposed by Title | 38, section 1604, subsection 2-B. |
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| | Sec. 2. 36 MRSA §1760, sub-§2, as amended by PL 1997, c. 729, Pt. A, | §1, is repealed. |
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