LD 1546
pg. 5
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LR 533
Item 1

 
registered retailer at a bazaar, fair, rummage sale, picnic or
similar event. The sale by a registered retailer of tangible
personal property which that that retailer has used in the course
of the retailer's business is not a "casual sale" casual sale if
that property is of like character to that sold by the retailer in
the ordinary course of repeated and successive transactions.
"Casual sale" does not include any transaction in which a retailer
sells tangible personal property is sold by a representative for
the owner's account when that representative is a registered
retailer and the registered retailer shall have the same duties
respecting any such transaction as if the representative had sold
on the representative's own account or a taxable service on behalf
of the owner of that property or the provider of that service.

 
Sec. 13. 36 MRSA §1752, sub-§7-C, as enacted by PL 1987, c. 343, §3,
is amended to read:

 
7-C. Nonprofit. "Nonprofit" means refers to an organization
which has been determined by the United States Internal Revenue
Service to be exempt from taxation under the United States
Internal Revenue Code, Section 501(c) of the Code.

 
Sec. 14. 36 MRSA §1752, sub-§11, ¶A, as amended by PL 2003, c. 588, §3,
is further 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 person more than 50% of whose
gross receipts from the retail sale of tangible
personal property are derived from sales through
vending machines. The tax must be paid by the retailer
to the State.

 
Sec. 15. 36 MRSA §1752, sub-§11, ¶B, as amended by PL 2005, c. 12, Pt.
TTT, §1 and affected by §4, is further amended to read:

 
B. "Retail sale" does not include:

 
(1) Any casual sale;


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