| place is 1, 2, 3 or 4 and rounded up to the next whole cent | whenever the 3rd decimal place is 5, 6, 7, 8 or 9. |
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| | Sec. 39. 36 MRSA §1812, sub-§2, as amended by PL 1991, c. 846, §24, is | further amended to read: |
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| | 2. Several items. When several purchases are made together | and at the same time, the tax must may be computed on each item | individually or on the total amount of the several items, except | that purchases taxed at different rates must be separately | totaled as the retailer may elect. |
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| | Sec. 40. 36 MRSA §1812, sub-§4 is enacted to read: |
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| | 4.__Application.__The application of any tax rate change under | section 1811 that is applicable to services provided over a | period starting before and ending after the statutory effective | date of that change is as follows: |
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| A.__For a rate increase, the new rate applies to billing | periods that start on or after the statutory effective date; | and |
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| B.__For a rate decrease, the new rate applies to bills | rendered on or after the statutory effective date. |
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| | Sec. 41. 36 MRSA §1814, sub-§4 is enacted to read: |
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| | 4.__Recovery by purchaser.__A cause of action against a | retailer for over-collected sales or use taxes does not accrue | until a purchaser has provided written notice to the retailer and | the retailer has had 60 days to respond.__The notice to the | retailer must contain the information necessary to determine the | validity of the request.__In connection with a purchaser's | request to a retailer for return of over-collected sales or use | taxes, a retailer is presumed to have a reasonable business | practice if, in the collection of sales or use taxes, the | retailer uses either a provider or a system, including a | proprietary system, that is certified by the governing board or | the State, and has remitted to the State all taxes collected less | any deductions or credits otherwise provided by law.__The | customer refund procedures in this subsection provide the first | course of remedy available to purchasers seeking a return from | the retailer of over-collected sales or use taxes. |
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| | Sec. 42. 36 MRSA §1817 is enacted to read: |
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