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| 2-C. Resale certificates; contents; presentation to vendor. The | assessor shall annually review the status of each retailer | registered under this section. On on or before December 31st 31, | 2005, and on or before December 31st of each every 3rd year, the | thereafter.__The assessor shall issue to each registered retailer | with gross sales of $10,000 or more during the 12 months preceding | the assessor's review an annual a resale certificate effective for | the next succeeding calendar year 3 years. Each certificate must | contain the name and address of the retailer, the expiration date | of the certificate and the certificate number. If a vendor has a | true copy of a retailer's resale certificate on file, that retailer | need not present the certificate for each subsequent transaction | with that vendor during the calendar year period for which it is | valid. |
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| | Sec. 14. 36 MRSA §1811-B, as enacted by PL 2003, c. 673, Pt. AAA, | §3, is amended to read: |
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| §1811-B. Credit for tax paid on purchases for resale |
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| | A retailer registered under section 1754-B may claim a credit | for sales tax imposed by chapters 211 to 225 this Part if the | retailer has paid the sales tax on an item that it subsequently | resells tangible personal property purchased for resale at retail | sale. The credit may be claimed only on the return on which the | sale of the item is reported that corresponds to the month in | which the tax was paid. The credit must be claimed on a return | filed within 5 years from the date on which the retailer | purchased the item and may not be claimed if the item was used | has been withdrawn from inventory by the retailer for the | retailer's own use prior to its sale. |
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| | Sec. 15. 36 MRSA §2908, as repealed and replaced by PL 1987, c. | 402, Pt. A, §183, is repealed and the following enacted in its | place: |
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| §2908. Refund of tax in certain cases; time limit |
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| | A person who purchases and uses internal combustion engine | fuel for any commercial use other than in the operation of a | registered motor vehicle on the highways of this State or, except | as provided in section 2910, in the operation of an aircraft and | who has paid the tax imposed by this chapter on that fuel is | entitled to reimbursement in the amount of the tax paid, less 1__ | per gallon, upon presenting to the State Tax Assessor a sworn | statement accompanied by the original invoices or other evidence | as the assessor may require. The statement must show the total | amount of internal combustion engine fuel so purchased and used | by that person for a commercial use other than in the operation |
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