LD 1546
pg. 6
Page 5 of 26 An Act Concerning Technical Changes to the Tax Laws Page 7 of 26
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LR 533
Item 1

 
of furniture, audio media or audio equipment for rental
pursuant to a rental-purchase agreement as defined in
Title 9-A, section 11-105.

 
Sec. 16. 36 MRSA §1752, sub-§15, as amended by PL 1999, c. 521, Pt. A,
§5 and affected by §11, is further amended to read:

 
15. Storage. "Storage" includes any keeping or retention in
this State of tangible personal property purchased at retail
sale.

 
Sec. 17. 36 MRSA §1752, sub-§21, as amended by PL 1965, c. 361, is
further amended to read:

 
21. Use. "Use" includes the exercise in this State of any
right or power over tangible personal property incident to its
ownership when purchased by the user at retail sale, including
the derivation of income, whether received in money or in the
form of other benefits, by a lessor from the rental of tangible
personal property located in this State.

 
Sec. 18. 36 MRSA §1754-B, sub-§1, ¶¶D and F, as enacted by PL 1995, c.
640, §3, are amended to read:

 
D. Every consignee, agent or salesperson person that makes
retail sales in this State of tangible personal property or
taxable services on behalf of a principal that is outside of
this State if the principal is not the holder of a valid
registration certificate;

 
F. Every person that manages or operates a hotel, rooming
house or tourist or trailer camp in this State or collects
or receives rents from a hotel, rooming house or tourist or
trailer camp; and

 
Sec. 19. 36 MRSA §1754-B, sub-§1, ¶G, as amended by PL 1997, c. 504,
§8, is further amended to read:

 
G. Every seller of tangible personal property or taxable
services that has a substantial physical presence in this
State sufficient to satisfy the requirements of the due
process and commerce clauses of the United States
Constitution. The following activities do not constitute a
substantial physical presence for the purpose of this
paragraph:

 
(1) Solicitation of business in this State through
catalogs, flyers, telephone or electronic media when
delivery of ordered goods is effected by the United
States mail or by an interstate 3rd-party common
carrier;


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