HR 25 IHCommentsClose CommentsPermalink

To promote freedom, fairness, and economic opportunity by repealing the income tax and other taxes, abolishing the Internal Revenue Service, and enacting a national sales tax to be administered primarily by the States.CommentsClose CommentsPermalink

January 6, 2009CommentsClose CommentsPermalink

Mr. LINDER (for himself, Mr. KINGSTON, Mr. WESTMORELAND, Ms. GINNY BROWN-WAITE of Florida, Mr. YOUNG of Alaska, Mr. ALEXANDER, Mr. TIAHRT, Mr. AKIN, Mr. MCCAUL, Mr. PRICE of Georgia, Mr. HENSARLING, Mr. GINGREY of Georgia, Mr. DEAL of Georgia, Mr. WITTMAN, Mr. BURTON of Indiana, Mr. PENCE, Mr. POE of Texas, Mr. BROWN of South Carolina, Mr. BARTLETT, Mr. STEARNS, Mr. CARTER, Mr. FRANKS of Arizona, Mr. BRADY of Texas, Mr. SULLIVAN, Mr. CONAWAY, Mr. THORNBERRY, Mr. BILBRAY, Mr. DUNCAN, Mr. CULBERSON, Ms. FALLIN, Mr. BACHUS, Mr. KING of Iowa, Mr. LAMBORN, Mr. LUCAS, and Mr. NEUGEBAUER) introduced the following bill; which was referred to the Committee on Ways and MeansCommentsClose CommentsPermalink

To promote freedom, fairness, and economic opportunity by repealing the income tax and other taxes, abolishing the Internal Revenue Service, and enacting a national sales tax to be administered primarily by the States.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Fair Tax Act of 2009’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Congressional findings.CommentsClose CommentsPermalink

TITLE I--REPEAL OF THE INCOME TAX, PAYROLL TAXES, AND ESTATE AND GIFT TAXES

Sec. 101. Income taxes repealed.CommentsClose CommentsPermalink





Sec. 102. Payroll taxes repealed.CommentsClose CommentsPermalink





Sec. 103. Estate and gift taxes repealed.CommentsClose CommentsPermalink





Sec. 104. Conforming amendments; effective date.CommentsClose CommentsPermalink

TITLE II--SALES TAX ENACTED

Sec. 201. Sales tax.CommentsClose CommentsPermalink





Sec. 202. Conforming and technical amendments.CommentsClose CommentsPermalink

TITLE III--OTHER MATTERS

Sec. 301. Phase-out of administration of repealed Federal taxes.CommentsClose CommentsPermalink





Sec. 302. Administration of other Federal taxes.CommentsClose CommentsPermalink





Sec. 303. Sales tax inclusive Social Security benefits indexation.CommentsClose CommentsPermalink

TITLE IV--SUNSET OF SALES TAX IF SIXTEENTH AMENDMENT NOT REPEALED

Sec. 401. Elimination of sales tax if Sixteenth Amendment not repealed.CommentsClose CommentsPermalink

SEC. 2. CONGRESSIONAL FINDINGS.

(a) Findings Relating to Federal Income Tax- Congress finds the Federal income tax--CommentsClose CommentsPermalink





(1) retards economic growth and has reduced the standard of living of the American public;CommentsClose CommentsPermalink





(2) impedes the international competitiveness of United States industry;CommentsClose CommentsPermalink





(3) reduces savings and investment in the United States by taxing income multiple times;CommentsClose CommentsPermalink





(4) slows the capital formation necessary for real wages to steadily increase;CommentsClose CommentsPermalink





(5) lowers productivity;CommentsClose CommentsPermalink





(6) imposes unacceptable and unnecessary administrative and compliance costs on individual and business taxpayers;CommentsClose CommentsPermalink





(7) is unfair and inequitable;CommentsClose CommentsPermalink





(8) unnecessarily intrudes upon the privacy and civil rights of United States citizens;CommentsClose CommentsPermalink





(9) hides the true cost of government by embedding taxes in the costs of everything Americans buy;CommentsClose CommentsPermalink





(10) is not being complied with at satisfactory levels and therefore raises the tax burden on law abiding citizens; andCommentsClose CommentsPermalink





(11) impedes upward social mobility.CommentsClose CommentsPermalink





(b) Findings Relating to Federal Payroll Taxes- Congress finds further that the Social Security and Medicare payroll taxes and self-employment taxes--CommentsClose CommentsPermalink





(1) raise the cost of employment;CommentsClose CommentsPermalink





(2) destroy jobs and cause unemployment; andCommentsClose CommentsPermalink





(3) have a disproportionately adverse impact on lower income Americans.CommentsClose CommentsPermalink





(c) Findings Relating to Federal Estate and Gift Taxes- Congress finds further that the Federal estate and gift taxes--CommentsClose CommentsPermalink





(1) force family businesses and farms to be sold by the family to pay such taxes;CommentsClose CommentsPermalink





(2) discourage capital formation and entrepreneurship;CommentsClose CommentsPermalink





(3) foster the continued dominance of large enterprises over small family-owned companies and farms; andCommentsClose CommentsPermalink





(4) impose unacceptably high tax planning costs on small businesses and farms.CommentsClose CommentsPermalink





(d) Findings Relating to National Sales Tax- Congress finds further that a broad-based national sales tax on goods and services purchased for final consumption--CommentsClose CommentsPermalink





(1) is similar in many respects to the sales and use taxes in place in 45 of the 50 States;CommentsClose CommentsPermalink





(2) will promote savings and investment;CommentsClose CommentsPermalink





(3) will promote fairness;CommentsClose CommentsPermalink





(4) will promote economic growth;CommentsClose CommentsPermalink





(5) will raise the standard of living;CommentsClose CommentsPermalink





(6) will increase investment;CommentsClose CommentsPermalink





(7) will enhance productivity and international competitiveness;CommentsClose CommentsPermalink





(8) will reduce administrative burdens on the American taxpayer;CommentsClose CommentsPermalink





(9) will improve upward social mobility; andCommentsClose CommentsPermalink





(10) will respect the privacy interests and civil rights of taxpayers.CommentsClose CommentsPermalink





(e) Findings Relating to Administration of National Sales Tax- Congress further finds that--CommentsClose CommentsPermalink





(1) most of the practical experience administering sales taxes is found at the State governmental level;CommentsClose CommentsPermalink





(2) it is desirable to harmonize Federal and State collection and enforcement efforts to the maximum extent possible;CommentsClose CommentsPermalink





(3) it is sound tax administration policy to foster administration and collection of the Federal sales tax at the State level in return for a reasonable administration fee to the States; andCommentsClose CommentsPermalink





(4) businesses that must collect and remit taxes should receive reasonable compensation for the cost of doing so.CommentsClose CommentsPermalink





(f) Findings Relating to Repeal of Present Federal Tax System- Congress further finds that the 16th amendment to the United States Constitution should be repealed.CommentsClose CommentsPermalink

TITLE I--REPEAL OF THE INCOME TAX, PAYROLL TAXES, AND ESTATE AND GIFT TAXESCommentsClose CommentsPermalink

SEC. 101. INCOME TAXES REPEALED.

Subtitle A of the Internal Revenue Code of 1986 (relating to income taxes and self-employment taxes) is repealed.CommentsClose CommentsPermalink

SEC. 102. PAYROLL TAXES REPEALED.

(a) In General- Subtitle C of the Internal Revenue Code of 1986 (relating to payroll taxes and withholding of income taxes) is repealed.CommentsClose CommentsPermalink





(b) Funding of Social Security- For funding of the Social Security Trust Funds from general revenue, see section 201 of the Social Security Act (42 U.S.C. 401).CommentsClose CommentsPermalink

SEC. 103. ESTATE AND GIFT TAXES REPEALED.

Subtitle B of the Internal Revenue Code of 1986 (relating to estate and gift taxes) is repealed.CommentsClose CommentsPermalink

SEC. 104. CONFORMING AMENDMENTS; EFFECTIVE DATE.

(a) Conforming Amendments- The Internal Revenue Code of 1986 is amended--CommentsClose CommentsPermalink





(1) by striking subtitle H (relating to financing of Presidential election campaigns), andCommentsClose CommentsPermalink





(2) by redesignating--CommentsClose CommentsPermalink





(A) subtitle D (relating to miscellaneous excise taxes) as subtitle B,CommentsClose CommentsPermalink





(B) subtitle E (relating to alcohol, tobacco, and certain other excise taxes) as subtitle C,CommentsClose CommentsPermalink





(C) subtitle F (relating to procedure and administration) as subtitle D,CommentsClose CommentsPermalink





(D) subtitle G (relating to the Joint Committee on Taxation) as subtitle E,CommentsClose CommentsPermalink





(E) subtitle I (relating to the Trust Fund Code) as subtitle F,CommentsClose CommentsPermalink





(F) subtitle J (relating to coal industry health benefits) as subtitle G, andCommentsClose CommentsPermalink





(G) subtitle K (relating to group health plan portability, access, and renewability requirements) as subtitle H.CommentsClose CommentsPermalink





(b) Redesignation of 1986 Code-CommentsClose CommentsPermalink





(1) IN GENERAL- The Internal Revenue Code of 1986 enacted on October 22, 1986, as heretofore, hereby, or hereafter amended, may be cited as the Internal Revenue Code of 2009.CommentsClose CommentsPermalink





(2) REFERENCES IN LAWS, ETC- Except when inappropriate, any reference in any law, Executive order, or other document--CommentsClose CommentsPermalink





(A) to the Internal Revenue Code of 1986 shall include a reference to the Internal Revenue Code of 2009, andCommentsClose CommentsPermalink





(B) to the Internal Revenue Code of 2009 shall include a reference to the provisions of law formerly known as the Internal Revenue Code of 1986.CommentsClose CommentsPermalink





(c) Additional Amendments- For additional conforming amendments, see section 202 of this Act.CommentsClose CommentsPermalink





(d) Effective Date- Except as otherwise provided in this Act, the amendments made by this Act shall take effect on January 1, 2011.CommentsClose CommentsPermalink

TITLE II--SALES TAX ENACTEDCommentsClose CommentsPermalink

SEC. 201. SALES TAX.

(a) In General- The Internal Revenue Code of 2009 is amended by inserting before subtitle B (as redesignated by section 104(a)(2)(A)) the following new subtitle:CommentsClose CommentsPermalink

‘Subtitle A--Sales TaxCommentsClose CommentsPermalink

‘Sec. 1. Principles of interpretation.CommentsClose CommentsPermalink





‘Sec. 2. Definitions.CommentsClose CommentsPermalink

‘Chapter 1. Interpretation; Definitions; Imposition of Tax; etc.

‘Chapter 2. Credits; Refunds

‘Chapter 3. Family Consumption Allowance

‘Chapter 4. Federal and State Cooperative Tax Administration

‘Chapter 5. Other Administrative Provisions

‘Chapter 6. Collections; Appeals; Taxpayer Rights

‘Chapter 7. Special Rules

‘Chapter 8. Financial Intermediation Services

‘Chapter 9. Additional Matters

‘SEC. 1. PRINCIPLES OF INTERPRETATION.

‘(a) In General- Any court, the Secretary, and any sales tax administering authority shall consider the purposes of this subtitle (as set forth in subsection (b)) as the primary aid in statutory construction.CommentsClose CommentsPermalink





‘(b) Purposes- The purposes of this subtitle are as follows:CommentsClose CommentsPermalink





‘(1) To raise revenue needed by the Federal Government in a manner consistent with the other purposes of this subtitle.CommentsClose CommentsPermalink





‘(2) To tax all consumption of goods and services in the United States once, without exception, but only once.CommentsClose CommentsPermalink





‘(3) To prevent double, multiple, or cascading taxation.CommentsClose CommentsPermalink





‘(4) To simplify the tax law and reduce the administration costs of, and the costs of compliance with, the tax law.CommentsClose CommentsPermalink





‘(5) To provide for the administration of the tax law in a manner that respects privacy, due process, individual rights when interacting with the government, the presumption of innocence in criminal proceedings, and the presumption of lawful behavior in civil proceedings.CommentsClose CommentsPermalink





‘(6) To increase the role of State governments in Federal tax administration because of State government expertise in sales tax administration.CommentsClose CommentsPermalink





‘(7) To enhance generally cooperation and coordination among State tax administrators; and to enhance cooperation and coordination among Federal and State tax administrators, consistent with the principle of intergovernmental tax immunity.CommentsClose CommentsPermalink





‘(c) Secondary Aids to Statutory Construction- As a secondary aid in statutory construction, any court, the Secretary, and any sales tax administering authority shall consider--CommentsClose CommentsPermalink





‘(1) the common law canons of statutory construction;CommentsClose CommentsPermalink





‘(2) the meaning and construction of concepts and terms used in the Internal Revenue Code of 1986 as in effect before the effective date of this subtitle; andCommentsClose CommentsPermalink





‘(3) construe any ambiguities in this Act in favor of reserving powers to the States respectively, or to the people.CommentsClose CommentsPermalink

‘SEC. 2. DEFINITIONS.

‘(a) In General- For purposes of this subtitle--CommentsClose CommentsPermalink





‘(1) AFFILIATED FIRMS- A firm is affiliated with another if 1 firm owns 50 percent or more of--CommentsClose CommentsPermalink





‘(A) the voting shares in a corporation, orCommentsClose CommentsPermalink





‘(B) the capital interests of a business firm that is not a corporation.CommentsClose CommentsPermalink





‘(2) CONFORMING STATE SALES TAX- The term ‘conforming State sales tax’ means a sales tax imposed by a State that adopts the same definition of taxable property and services as adopted by this subtitle.CommentsClose CommentsPermalink





‘(3) DESIGNATED COMMERCIAL PRIVATE COURIER SERVICE- The term ‘designated commercial private courier service’ means a firm designated as such by the Secretary or any sales tax administering authority, upon application of the firm, if the firm--CommentsClose CommentsPermalink





‘(A) provides its services to the general public,CommentsClose CommentsPermalink





‘(B) records electronically to its data base kept in the regular course of its business the date on which an item was given to such firm for delivery, andCommentsClose CommentsPermalink





‘(C) has been operating for at least 1 year.CommentsClose CommentsPermalink





‘(4) EDUCATION AND TRAINING- The term ‘education and training’ means tuition for primary, secondary, or postsecondary level education, and job-related training courses. Such term does not include room, board, sports activities, recreational activities, hobbies, games, arts or crafts or cultural activities.CommentsClose CommentsPermalink





‘(5) GROSS PAYMENTS- The term ‘gross payments’ means payments for taxable property or services, including Federal taxes imposed by this title.CommentsClose CommentsPermalink





‘(6) INTANGIBLE PROPERTY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘intangible property’ includes copyrights, trademarks, patents, goodwill, financial instruments, securities, commercial paper, debts, notes and bonds, and other property deemed intangible at common law. The Secretary shall, by regulation resolve differences among the provisions of common law of the several States.CommentsClose CommentsPermalink





‘(B) CERTAIN TYPES OF PROPERTY- Such term does not include tangible personal property (or rents or leaseholds of any term thereon), real property (or rents or leaseholds of any term thereon) and computer software.CommentsClose CommentsPermalink





‘(7) PERSON- The term ‘person’ means any natural person, and unless the context clearly does not allow it, any corporation, partnership, limited liability company, trust, estate, government, agency, administration, organization, association, or other legal entity (foreign or domestic.)CommentsClose CommentsPermalink





‘(8) PRODUCE, PROVIDE, RENDER, OR SELL TAXABLE PROPERTY OR SERVICES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A taxable property or service is used to produce, provide, render, or sell a taxable property or service if such property or service is purchased by a person engaged in a trade or business for the purpose of employing or using such taxable property or service in the production, provision, rendering, or sale of other taxable property or services in the ordinary course of that trade or business.CommentsClose CommentsPermalink





‘(B) RESEARCH, EXPERIMENTATION, TESTING, AND DEVELOPMENT- Taxable property or services used in a trade or business for the purpose of research, experimentation, testing, and development shall be treated as used to produce, provide, render, or sell taxable property or services.CommentsClose CommentsPermalink





‘(C) INSURANCE PAYMENTS- Taxable property or services purchased by an insurer on behalf of an insured shall be treated as used to produce, provide, render, or sell taxable property or services if the premium for the insurance contract giving rise to the insurer’s obligation was subject to tax pursuant to section 801 (relating to financial intermediation services).CommentsClose CommentsPermalink





‘(D) EDUCATION AND TRAINING- Education and training shall be treated as services used to produce, provide, render, or sell taxable property or services.CommentsClose CommentsPermalink





‘(9) REGISTERED SELLER- The term ‘registered seller’ means a person registered pursuant to section 502.CommentsClose CommentsPermalink





‘(10) SALES TAX ADMINISTERING AUTHORITY- The term ‘sales tax administering authority’ means--CommentsClose CommentsPermalink





‘(A) the State agency designated to collect and administer the sales tax imposed by this subtitle, in an administering State, orCommentsClose CommentsPermalink





‘(B) the Secretary, in a State that is neither--CommentsClose CommentsPermalink





‘(i) an administering State, norCommentsClose CommentsPermalink





‘(ii) a State that has elected to have its sales tax administered by an administering State.CommentsClose CommentsPermalink





‘(11) SECRETARY- The term ‘Secretary’ means the Secretary of the Treasury.CommentsClose CommentsPermalink





‘(12) TAXABLE EMPLOYER-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘taxable employer’ includes--CommentsClose CommentsPermalink





‘(i) any household employing domestic servants, andCommentsClose CommentsPermalink





‘(ii) any government except for government enterprises (as defined in section 704).CommentsClose CommentsPermalink





‘(B) EXCEPTIONS- The term ‘taxable employer’ does not include any employer which is--CommentsClose CommentsPermalink





‘(i) engaged in a trade or business,CommentsClose CommentsPermalink





‘(ii) a not-for-profit organization (as defined in section 706), orCommentsClose CommentsPermalink





‘(iii) a government enterprise (as defined in section 704).CommentsClose CommentsPermalink





‘(C) CROSS REFERENCE- For rules relating to collection and remittance of tax on wages by taxable employers, see section 103(b)(2).CommentsClose CommentsPermalink





‘(13) TAX INCLUSIVE FAIR MARKET VALUE- The term ‘tax inclusive fair market value’ means the fair market value of taxable property or services plus the tax imposed by this subtitle.CommentsClose CommentsPermalink





‘(14) TAXABLE PROPERTY OR SERVICE-CommentsClose CommentsPermalink





‘(A) GENERAL RULE- The term ‘taxable property or service’ means--CommentsClose CommentsPermalink





‘(i) any property (including leaseholds of any term or rents with respect to such property) but excluding--CommentsClose CommentsPermalink





‘(I) intangible property, andCommentsClose CommentsPermalink





‘(II) used property, andCommentsClose CommentsPermalink





‘(ii) any service (including any financial intermediation services as determined by section 801).CommentsClose CommentsPermalink





‘(B) SERVICE- For purposes of subparagraph (A), the term ‘service’--CommentsClose CommentsPermalink





‘(i) shall include any service performed by an employee for which the employee is paid wages or a salary by a taxable employer, andCommentsClose CommentsPermalink





‘(ii) shall not include any service performed by an employee for which the employee is paid wages or a salary--CommentsClose CommentsPermalink





‘(I) by an employer in the regular course of the employer’s trade or business,CommentsClose CommentsPermalink





‘(II) by an employer that is a not-for-profit organization (as defined in section 706),CommentsClose CommentsPermalink





‘(III) by an employer that is a government enterprise (as defined in section 704), andCommentsClose CommentsPermalink





‘(IV) by taxable employers to employees directly providing education and training.CommentsClose CommentsPermalink





‘(15) UNITED STATES- The term ‘United States’, when used in the geographical sense, means each of the 50 states, the District of Columbia, and any commonwealth, territory, or possession of the United States.CommentsClose CommentsPermalink





‘(16) USED PROPERTY- The term ‘used property’ means--CommentsClose CommentsPermalink





‘(A) property on which the tax imposed by section 101 has been collected and for which no credit has been allowed under section 202, 203, or 205, orCommentsClose CommentsPermalink





‘(B) property that was held other than for a business purpose (as defined in section 102(b)) on December 31, 2010.CommentsClose CommentsPermalink





‘(17) WAGES AND SALARY- The terms ‘wage’ and ‘salary’ mean all compensation paid for employment service including cash compensation, employee benefits, disability insurance, or wage replacement insurance payments, unemployment compensation insurance, workers’ compensation insurance, and the fair market value of any other consideration paid by an employer to an employee in consideration for employment services rendered.CommentsClose CommentsPermalink





‘(b) Cross References-CommentsClose CommentsPermalink





‘(1) For the definition of business purposes, see section 102(b).CommentsClose CommentsPermalink





‘(2) For the definition of insurance contract, see section 206(e).CommentsClose CommentsPermalink





‘(3) For the definition of qualified family, see section 302.CommentsClose CommentsPermalink





‘(4) For the definition of monthly poverty level, see section 303.CommentsClose CommentsPermalink





‘(5) For the definition of large seller, see section 501(e)(3).CommentsClose CommentsPermalink





‘(6) For the definition of hobby activities, see section 701.CommentsClose CommentsPermalink





‘(7) For the definition of gaming sponsor, see section 701(a).CommentsClose CommentsPermalink





‘(8) For the definition of a chance, see section 701(b).CommentsClose CommentsPermalink





‘(9) For the definition of government enterprise, see section 704(b).CommentsClose CommentsPermalink





‘(10) For the definition of mixed use property, see section 705.CommentsClose CommentsPermalink





‘(11) For the definition of qualified not-for-profit organization, see section 706.CommentsClose CommentsPermalink





‘(12) For the definition of financial intermediation services, see section 801.CommentsClose CommentsPermalink

‘CHAPTER 1--INTERPRETATION; DEFINITIONS; IMPOSITION OF TAX; ETC

‘Sec. 101. Imposition of sales tax.CommentsClose CommentsPermalink





‘Sec. 102. Intermediate and export sales.CommentsClose CommentsPermalink





‘Sec. 103. Rules relating to collection and remittance of tax.CommentsClose CommentsPermalink

‘SEC. 101. IMPOSITION OF SALES TAX.

‘(a) In General- There is hereby imposed a tax on the use or consumption in the United States of taxable property or services.CommentsClose CommentsPermalink





‘(b) Rate-CommentsClose CommentsPermalink





‘(1) FOR 2011- In the calendar year 2011, the rate of tax is 23 percent of the gross payments for the taxable property or service.CommentsClose CommentsPermalink





‘(2) FOR YEARS AFTER 2011- For years after the calendar year 2011, the rate of tax is the combined Federal tax rate percentage (as defined in paragraph (3)) of the gross payments for the taxable property or service.CommentsClose CommentsPermalink





‘(3) COMBINED FEDERAL TAX RATE PERCENTAGE- The combined Federal tax rate percentage is the sum of--CommentsClose CommentsPermalink





‘(A) the general revenue rate (as defined in paragraph (4),CommentsClose CommentsPermalink





‘(B) the old-age, survivors and disability insurance rate, andCommentsClose CommentsPermalink





‘(C) the hospital insurance rate.CommentsClose CommentsPermalink





‘(4) GENERAL REVENUE RATE- The general revenue rate shall be 14.91 percent.CommentsClose CommentsPermalink





‘(c) Coordination With Import Duties- The tax imposed by this section is in addition to any import duties imposed by chapter 4 of title 19, United States Code. The Secretary shall provide by regulation that, to the maximum extent practicable, the tax imposed by this section on imported taxable property and services is collected and administered in conjunction with any applicable import duties imposed by the United States.CommentsClose CommentsPermalink





‘(d) Liability for Tax-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The person using or consuming taxable property or services in the United States is liable for the tax imposed by this section, except as provided in paragraph (2) of this subsection.CommentsClose CommentsPermalink





‘(2) EXCEPTION WHERE TAX PAID TO SELLER- A person using or consuming a taxable property or service in the United States is not liable for the tax imposed by this section if the person pays the tax to a person selling the taxable property or service and receives from such person a purchaser’s receipt within the meaning of section 509.CommentsClose CommentsPermalink

‘SEC. 102. INTERMEDIATE AND EXPORT SALES.

‘(a) In General- For purposes of this subtitle--CommentsClose CommentsPermalink





‘(1) BUSINESS AND EXPORT PURPOSES- No tax shall be imposed under section 101 on any taxable property or service purchased for a business purpose in a trade or business.CommentsClose CommentsPermalink





‘(2) INVESTMENT PURPOSE- No tax shall be imposed under section 101 on any taxable property or service purchased for an investment purpose and held exclusively for an investment purpose.CommentsClose CommentsPermalink





‘(3) STATE GOVERNMENT FUNCTIONS- No tax shall be imposed under section 101 on State government functions that do not constitute the final consumption of property or services.CommentsClose CommentsPermalink





‘(b) Business Purposes- For purposes of this section, the term ‘purchased for a business purpose in a trade or business’ means purchased by a person engaged in a trade or business and used in that trade or business--CommentsClose CommentsPermalink





‘(1) for resale,CommentsClose CommentsPermalink





‘(2) to produce, provide, render, or sell taxable property or services, orCommentsClose CommentsPermalink





‘(3) in furtherance of other bona fide business purposes.CommentsClose CommentsPermalink





‘(c) Investment Purposes- For purposes of this section, the term ‘purchased for an investment purpose’ means property purchased exclusively for purposes of appreciation or the production of income but not entailing more than minor personal efforts.CommentsClose CommentsPermalink

‘SEC. 103. RULES RELATING TO COLLECTION AND REMITTANCE OF TAX.

‘(a) Liability for Collection and Remittance of the Tax- Except as provided otherwise by this section, any tax imposed by this subtitle shall be collected and remitted by the seller of taxable property or services (including financial intermediation services).CommentsClose CommentsPermalink





‘(b) Tax To Be Remitted by Purchaser in Certain Circumstances-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In the case of taxable property or services purchased outside of the United States and imported into the United States for use or consumption in the United States, the purchaser shall remit the tax imposed by section 101.CommentsClose CommentsPermalink





‘(2) CERTAIN WAGES OR SALARY- In the case of wages or salary paid by a taxable employer which are taxable services, the employer shall remit the tax imposed by section 101.CommentsClose CommentsPermalink





‘(c) Conversion of Business or Export Property or Services- Property or services purchased for a business purpose in a trade or business or for export (sold untaxed pursuant to section 102(a)) that is subsequently converted to personal use shall be deemed purchased at the time of conversion and shall be subject to the tax imposed by section 101 at the fair market value of the converted property as of the date of conversion. The tax shall be due as if the property had been sold at the fair market value during the month of conversion. The person using or consuming the converted property is liable for and shall remit the tax.CommentsClose CommentsPermalink





‘(d) Barter Transactions- If gross payment for taxable property or services is made in other than money, then the person responsible for collecting and remitting the tax shall remit the tax to the sales tax administering authority in money as if gross payment had been made in money at the tax inclusive fair market value of the taxable property or services purchased.CommentsClose CommentsPermalink

‘CHAPTER 2--CREDITS; REFUNDS

‘Sec. 201. Credits and refunds.CommentsClose CommentsPermalink





‘Sec. 202. Business use conversion credit.CommentsClose CommentsPermalink





‘Sec. 203. Intermediate and export sales credit.CommentsClose CommentsPermalink





‘Sec. 204. Administration credit.CommentsClose CommentsPermalink





‘Sec. 205. Bad debt credit.CommentsClose CommentsPermalink





‘Sec. 206. Insurance proceeds credit.CommentsClose CommentsPermalink





‘Sec. 207. Refunds.CommentsClose CommentsPermalink

‘SEC. 201. CREDITS AND REFUNDS.

‘(a) In General- Each person shall be allowed a credit with respect to the taxes imposed by section 101 for each month in an amount equal to the sum of--CommentsClose CommentsPermalink





‘(1) such person’s business use conversion credit pursuant to section 202 for such month,CommentsClose CommentsPermalink





‘(2) such person’s intermediate and export sales credit pursuant to section 203 for such month,CommentsClose CommentsPermalink





‘(3) the administration credit pursuant to section 204 for such month,CommentsClose CommentsPermalink





‘(4) the bad debt credit pursuant to section 205 for such month,CommentsClose CommentsPermalink





‘(5) the insurance proceeds credit pursuant to section 206 for such month,CommentsClose CommentsPermalink





‘(6) the transitional inventory credit pursuant to section 902, andCommentsClose CommentsPermalink





‘(7) any amount paid in excess of the amount due.CommentsClose CommentsPermalink





‘(b) Credits Not Additive- Only one credit allowed by chapter 2 may be taken with respect to any particular gross payment.CommentsClose CommentsPermalink

‘SEC. 202. BUSINESS USE CONVERSION CREDIT.

‘(a) In General- For purposes of section 201, a person’s business use conversion credit for any month is the aggregate of the amounts determined under subsection (b) with respect to taxable property and services--CommentsClose CommentsPermalink





‘(1) on which tax was imposed by section 101 (and actually paid), andCommentsClose CommentsPermalink





‘(2) which commenced to be 95 percent or more used during such month for business purposes (within the meaning of section 102(b)).CommentsClose CommentsPermalink





‘(b) Amount of Credit- The amount determined under this paragraph with respect to any taxable property or service is the lesser of--CommentsClose CommentsPermalink





‘(1) the product of--CommentsClose CommentsPermalink





‘(A) the rate imposed by section 101, andCommentsClose CommentsPermalink





‘(B) the quotient that is--CommentsClose CommentsPermalink





‘(i) the fair market value of the property or service when its use is converted, divided byCommentsClose CommentsPermalink





‘(ii) the quantity that is 1 minus the tax rate imposed by section 101, orCommentsClose CommentsPermalink





‘(2) the amount of tax paid with respect to such taxable property or service, including the amount, if any, determined in accordance with section 705 (relating to mixed use property).CommentsClose CommentsPermalink

‘SEC. 203. INTERMEDIATE AND EXPORT SALES CREDIT.

‘For purposes of section 201, a person’s intermediate and export sales credit is the amount of sales tax paid on the purchase of any taxable property or service purchased for--CommentsClose CommentsPermalink





‘(1) a business purpose in a trade or business (as defined in section 102(b)), orCommentsClose CommentsPermalink





‘(2) export from the United States for use or consumption outside the United States.CommentsClose CommentsPermalink

‘SEC. 204. ADMINISTRATION CREDIT.

‘(a) In General- Every person filing a timely monthly report (with regard to extensions) in compliance with section 501 shall be entitled to a taxpayer administrative credit equal to the greater of--CommentsClose CommentsPermalink





‘(1) $200, orCommentsClose CommentsPermalink





‘(2) one-quarter of 1 percent of the tax remitted.CommentsClose CommentsPermalink





‘(b) Limitation- The credit allowed under this section shall not exceed 20 percent of the tax due to be remitted prior to the application of any credit or credits permitted by section 201.CommentsClose CommentsPermalink

‘SEC. 205. BAD DEBT CREDIT.

‘(a) Financial Intermediation Services- Any person who has experienced a bad debt (other than unpaid invoices within the meaning of subsection (b)) shall be entitled to a credit equal to the product of--CommentsClose CommentsPermalink





‘(1) the rate imposed by section 101, andCommentsClose CommentsPermalink





‘(2) the quotient that is--CommentsClose CommentsPermalink





‘(A) the amount of the bad debt (as defined in section 802), divided byCommentsClose CommentsPermalink





‘(B) the quantity that is 1 minus the rate imposed by section 101.CommentsClose CommentsPermalink





‘(b) Unpaid Invoices- Any person electing the accrual method pursuant to section 503 that has with respect to a transaction--CommentsClose CommentsPermalink





‘(1) invoiced the tax imposed by section 101,CommentsClose CommentsPermalink





‘(2) remitted the invoiced tax,CommentsClose CommentsPermalink





‘(3) actually delivered the taxable property or performed the taxable services invoiced, andCommentsClose CommentsPermalink





‘(4) not been paid 180 days after date the invoice was due to be paid,CommentsClose CommentsPermalink





shall be entitled to a credit equal to the amount of tax remitted and unpaid by the purchaser.CommentsClose CommentsPermalink





‘(c) Subsequent Payment- Any payment made with respect to a transaction subsequent to a section 205 credit being taken with respect to that transaction shall be subject to tax in the month the payment was received as if a tax inclusive sale of taxable property and services in the amount of the payment had been made.CommentsClose CommentsPermalink





‘(d) Partial Payments- Partial payments shall be treated as pro rata payments of the underlying obligation and shall be allocated proportionately--CommentsClose CommentsPermalink





‘(1) for fully taxable payments, between payment for the taxable property and service and tax, andCommentsClose CommentsPermalink





‘(2) for partially taxable payments, among payment for the taxable property and service, tax and other payment.CommentsClose CommentsPermalink





‘(e) Related Parties- The credit provided by this section shall not be available with respect to sales made to related parties. For purposes of this section, related party means affiliated firms and family members (as defined in section 302(b)).CommentsClose CommentsPermalink

‘SEC. 206. INSURANCE PROCEEDS CREDIT.

‘(a) In General- A person receiving a payment from an insurer by virtue of an insurance contract shall be entitled to a credit in an amount determined by subsection (b), less any amount paid to the insured by the insurer pursuant to subsection (c), if the entire premium (except that portion allocable to the investment account of the underlying policy) for the insurance contract giving rise to the insurer’s obligation to make a payment to the insured was subject to the tax imposed by section 101 and said tax was paid.CommentsClose CommentsPermalink





‘(b) Credit Amount- The amount of the credit shall be the product of--CommentsClose CommentsPermalink





‘(1) the rate imposed by section 101, andCommentsClose CommentsPermalink





‘(2) the quotient that is--CommentsClose CommentsPermalink





‘(A) the amount of the payment made by the insurer to the insured, divided byCommentsClose CommentsPermalink





‘(B) the quantity that is 1 minus the rate imposed by section 101.CommentsClose CommentsPermalink





‘(c) Administrative Option- The credit determined in accordance with subsection (b) shall be paid by the insurer to the insured and the insurer shall be entitled to the credit in lieu of the insured, except that the insurer may elect, in a form prescribed by the Secretary, to not pay the credit and require the insured to make application for the credit. In the event of such election, the insurer shall provide to the Secretary and the insured the name and tax identification number of the insurer and of the insured and indicate the proper amount of the credit.CommentsClose CommentsPermalink





‘(d) Coordination With Respect to Exemption- If taxable property or services purchased by an insurer on behalf of an insured are purchased free of tax by virtue of section 2(a)(8)(C), then the credit provided by this section shall not be available with respect to that purchase.CommentsClose CommentsPermalink





‘(e) Insurance Contract- For purposes of subsection (a), the term insurance contract’ shall include a life insurance contract, a health insurance contract, a property and casualty loss insurance contract, a general liability insurance contract, a marine insurance contract, a fire insurance contract, an accident insurance contract, a disability insurance contract, a long-term care insurance contract, and an insurance contract that provides a combination of these types of insurance.CommentsClose CommentsPermalink

‘SEC. 207. REFUNDS.

‘(a) Registered Sellers- If a registered seller files a monthly tax report with an overpayment, then, upon application by the registered seller in a form prescribed by the sales tax administering authority, the overpayment shown on the report shall be refunded to the registered seller within 60 days of receipt of said application. In the absence of such application, the overpayment may be carried forward, without interest, by the person entitled to the credit.CommentsClose CommentsPermalink





‘(b) Other Persons- If a person other than a registered seller has an overpayment for any month, then, upon application by the person in a form prescribed by the sales tax administering authority, the credit balance due shall be refunded to the person within 60 days of receipt of said application.CommentsClose CommentsPermalink





‘(c) Interest- No interest shall be paid on any balance due from the sales tax administering authority under this subsection for any month if such balance due is paid within 60 days after the application for refund is received. Balances due not paid within 60 days after the application for refund is received shall bear interest from the date of application. Interest shall be paid at the Federal short-term rate (as defined in section 511).CommentsClose CommentsPermalink





‘(d) Suspension of Period To Pay Refund Only if Federal or State Court Ruling- The 60-day periods under subsections (a) and (b) shall be suspended with respect to a purported overpayment (or portion thereof) only during any period that there is in effect a preliminary, temporary, or final ruling from a Federal or State court that there is reasonable cause to believe that such overpayment may not actually be due.CommentsClose CommentsPermalink

‘CHAPTER 3--FAMILY CONSUMPTION ALLOWANCE

‘Sec. 301. Family consumption allowance.CommentsClose CommentsPermalink





‘Sec. 302. Qualified family.CommentsClose CommentsPermalink





‘Sec. 303. Monthly poverty level.CommentsClose CommentsPermalink





‘Sec. 304. Rebate mechanism.CommentsClose CommentsPermalink





‘Sec. 305. Change in family circumstances.CommentsClose CommentsPermalink

‘SEC. 301. FAMILY CONSUMPTION ALLOWANCE.

‘Each qualified family shall be eligible to receive a sales tax rebate each month. The sales tax rebate shall be in an amount equal to the product of--CommentsClose CommentsPermalink





‘(1) the rate of tax imposed by section 101, andCommentsClose CommentsPermalink





‘(2) the monthly poverty level.CommentsClose CommentsPermalink

‘SEC. 302. QUALIFIED FAMILY.

‘(a) General Rule- For purposes of this chapter, the term ‘qualified family’ shall mean 1 or more family members sharing a common residence. All family members sharing a common residence shall be considered as part of 1 qualified family.CommentsClose CommentsPermalink





‘(b) Family Size Determination-CommentsClose CommentsPermalink





‘(1) IN GENERAL- To determine the size of a qualified family for purposes of this chapter, family members shall mean--CommentsClose CommentsPermalink





‘(A) an individual,CommentsClose CommentsPermalink





‘(B) the individual’s spouse,CommentsClose CommentsPermalink





‘(C) all lineal ancestors and descendants of said individual (and such individual’s spouse),CommentsClose CommentsPermalink





‘(D) all legally adopted children of such individual (and such individual’s spouse), andCommentsClose CommentsPermalink





‘(E) all children under legal guardianship of such individual (or such individual’s spouse).CommentsClose CommentsPermalink





‘(2) IDENTIFICATION REQUIREMENTS- In order for a person to be counted as a member of the family for purposes of determining the size of the qualified family, such person must--CommentsClose CommentsPermalink





‘(A) have a bona fide Social Security number; andCommentsClose CommentsPermalink





‘(B) be a lawful resident of the United States.CommentsClose CommentsPermalink





‘(c) Children Living Away From Home-CommentsClose CommentsPermalink





‘(1) STUDENTS LIVING AWAY FROM HOME- Any person who was a registered student during not fewer than 5 months in a calendar year while living away from the common residence of a qualified family but who receives over 50 percent of such person’s support during a calendar year from members of the qualified family shall be included as part of the family unit whose members provided said support for purposes of this chapter.CommentsClose CommentsPermalink





‘(2) CHILDREN OF DIVORCED OR SEPARATED PARENTS- If a child’s parents are divorced or legally separated, a child for purposes of this chapter shall be treated as part of the qualified family of the custodial parent. In cases of joint custody, the custodial parent for purposes of this chapter shall be the parent that has custody of the child for more than one-half of the time during a given calendar year. A parent entitled to be treated as the custodial parent pursuant to this paragraph may release this claim to the other parent if said release is in writing.CommentsClose CommentsPermalink





‘(d) Annual Registration- In order to receive the family consumption allowance provided by section 301, a qualified family must register with the sales tax administering authority in a form prescribed by the Secretary. The annual registration form shall provide--CommentsClose CommentsPermalink





‘(1) the name of each family member who shared the qualified family’s residence on the family determination date,CommentsClose CommentsPermalink





‘(2) the Social Security number of each family member on the family determination date who shared the qualified family’s residence on the family determination date,CommentsClose CommentsPermalink





‘(3) the family member or family members to whom the family consumption allowance should be paid,CommentsClose CommentsPermalink





‘(4) a certification that all listed family members are lawful residents of the United States,CommentsClose CommentsPermalink





‘(5) a certification that all family members sharing the common residence are listed,CommentsClose CommentsPermalink





‘(6) a certification that no family members were incarcerated on the family determination date (within the meaning of subsection (l)), andCommentsClose CommentsPermalink





‘(7) the address of the qualified family.CommentsClose CommentsPermalink





Said registration shall be signed by all members of the qualified family that have attained the age of 21 years as of the date of filing.CommentsClose CommentsPermalink





‘(e) Registration Not Mandatory- Registration is not mandatory for any qualified family.CommentsClose CommentsPermalink





‘(f) Effect of Failure To Provide Annual Registration- Any qualified family that fails to register in accordance with this section within 30 days of the family determination date, shall cease receiving the monthly family consumption allowance in the month beginning 90 days after the family determination date.CommentsClose CommentsPermalink





‘(g) Effect of Curing Failure To Provide Annual Registration- Any qualified family that failed to timely make its annual registration in accordance with this section but subsequently cures its failure to register, shall be entitled to up to 6 months of lapsed sales tax rebate payments. No interest on lapsed payment amount shall be paid.CommentsClose CommentsPermalink





‘(h) Effective Date of Annual Registrations- Annual registrations shall take effect for the month beginning 90 days after the family registration date.CommentsClose CommentsPermalink





‘(i) Effective Date of Revised Registrations- A revised registration made pursuant to section 305 shall take effect for the first month beginning 60 days after the revised registration was filed. The existing registration shall remain in effect until the effective date of the revised registration.CommentsClose CommentsPermalink





‘(j) Determination of Registration Filing Date- An annual or revised registration shall be deemed filed when--CommentsClose CommentsPermalink





‘(1) deposited in the United States mail, postage prepaid, to the address of the sales tax administering authority;CommentsClose CommentsPermalink





‘(2) delivered and accepted at the offices of the sales tax administering authority; orCommentsClose CommentsPermalink





‘(3) provided to a designated commercial private courier service for delivery within 2 days to the sales tax administering authority at the address of the sales tax administering authority.CommentsClose CommentsPermalink





‘(k) Proposed Registration To Be Provided- 30 or more days before the family registration date, the sales tax administering authority shall mail to the address shown on the most recent rebate registration or change of address notice filed pursuant to section 305(d) a proposed registration that may be simply signed by the appropriate family members if family circumstances have not changed.CommentsClose CommentsPermalink





‘(l) Incarcerated Individuals- An individual shall not be eligible under this chapter to be included as a member of any qualified family if that individual--CommentsClose CommentsPermalink





‘(1) is incarcerated in a local, State, or Federal jail, prison, mental hospital, or other institution on the family determination date, andCommentsClose CommentsPermalink





‘(2) is scheduled to be incarcerated for 6 months or more in the 12-month period following the effective date of the annual registration or the revised registration of said qualified family.CommentsClose CommentsPermalink





‘(m) Family Determination Date- The family determination date is a date assigned to each family by the Secretary for purposes of determining qualified family size and other information necessary for the administration of this chapter. The Secretary shall promulgate regulations regarding the issuance of family determination dates. In the absence of any regulations, the family determination date for all families shall be October 1. The Secretary may assign family determination dates for administrative convenience. Permissible means of assigning family determination dates include a method based on the birthdates of family members.CommentsClose CommentsPermalink





‘(n) Cross Reference- For penalty for filing false rebate claim, see section 504(i).CommentsClose CommentsPermalink

‘SEC. 303. MONTHLY POVERTY LEVEL.

‘(a) In General- The monthly poverty level for any particular month shall be one-twelfth of the ‘annual poverty level.’ For purposes of this section the ‘annual poverty level’ shall be the sum of--CommentsClose CommentsPermalink





‘(1) the annual level determined by the Department of Health and Human Services poverty guidelines required by sections 652 and 673(2) of the Omnibus Reconciliation Act of 1981 for a particular family size, andCommentsClose CommentsPermalink





‘(2) in case of families that include a married couple, the ‘annual marriage penalty elimination amount’.CommentsClose CommentsPermalink





‘(b) Annual Marriage Penalty Elimination Amount- The annual marriage penalty elimination amount shall be the amount that is--CommentsClose CommentsPermalink





‘(1) the amount that is two times the annual level determined by the Department of Health and Human Services poverty guidelines required by sections 652 and 673(2) of the Omnibus Reconciliation Act of 1981 for a family of one, lessCommentsClose CommentsPermalink





‘(2) the annual level determined by the Department of Health and Human Services poverty guidelines required by sections 652 and 673(2) of the Omnibus Reconciliation Act of 1981 for a family of two.CommentsClose CommentsPermalink

‘SEC. 304. REBATE MECHANISM.

‘(a) General Rule- The Social Security Administration shall provide a monthly sales tax rebate to duly registered qualified families in an amount determined in accordance with section 301.CommentsClose CommentsPermalink





‘(b) Persons Receiving Rebate- The payments shall be made to the persons designated by the qualifying family in the annual or revised registration for each qualified family in effect with respect to the month for which payment is being made. Payments may only be made to persons 18 years or older. If more than 1 person is designated in a registration to receive the rebate, then the rebate payment shall be divided evenly between or among those persons designated.CommentsClose CommentsPermalink





‘(c) When Rebates Mailed- Rebates shall be mailed on or before the first business day of the month for which the rebate is being provided.CommentsClose CommentsPermalink





‘(d) Smartcards and Direct Electronic Deposit Permissible- The Social Security Administration may provide rebates in the form of smartcards that carry cash balances in their memory for use in making purchases at retail establishments or by direct electronic deposit.CommentsClose CommentsPermalink

‘SEC. 305. CHANGE IN FAMILY CIRCUMSTANCES.

‘(a) General Rule- In the absence of the filing of a revised registration in accordance with this chapter, the common residence of the qualified family, marital status and number of persons in a qualified family on the family registration date shall govern determinations required to be made under this chapter for purposes of the following calendar year.CommentsClose CommentsPermalink





‘(b) No Double Counting- In no event shall any person be considered part of more than 1 qualified family.CommentsClose CommentsPermalink





‘(c) Revised Registration Permissible- A qualified family may file a revised registration for purposes of section 302(d) to reflect a change in family circumstances. A revised registration form shall provide--CommentsClose CommentsPermalink





‘(1) the name of each family member who shared the qualified family’s residence on the filing date of the revised registration,CommentsClose CommentsPermalink





‘(2) the Social Security number of each family member 2 years of age or older who shared the qualified family’s residence on the filing date of the revised registration,CommentsClose CommentsPermalink





‘(3) the family member or family members to whom the family consumption allowance should be paid,CommentsClose CommentsPermalink





‘(4) a certification that all listed family members are lawful residents of the United States,CommentsClose CommentsPermalink





‘(5) a certification that all family members sharing the commoner residence are listed,CommentsClose CommentsPermalink





‘(6) a certification that no family members were incarcerated on the family determination date (within the meaning of section 302(1)), andCommentsClose CommentsPermalink





‘(7) the address of the qualified family.CommentsClose CommentsPermalink





Said revised registration shall be signed by all members of the qualified family that have attained the age of 21 years as of the filing date of the revised registration.CommentsClose CommentsPermalink





‘(d) Change of Address- A change of address for a qualified family may be filed with the sales tax administering authority at any time and shall not constitute a revised registration.CommentsClose CommentsPermalink





‘(e) Revised Registration Not Mandatory- Revised registrations reflecting changes in family status are not mandatory.CommentsClose CommentsPermalink

‘CHAPTER 4--FEDERAL AND STATE COOPERATIVE TAX ADMINISTRATION

‘Sec. 401. Authority for States to collect tax.CommentsClose CommentsPermalink





‘Sec. 402. Federal administrative support for States.CommentsClose CommentsPermalink





‘Sec. 403. Federal-State tax conferences.CommentsClose CommentsPermalink





‘Sec. 404. Federal administration in certain States.CommentsClose CommentsPermalink





‘Sec. 405. Interstate allocation and destination determination.CommentsClose CommentsPermalink





‘Sec. 406. General administrative matters.CommentsClose CommentsPermalink





‘Sec. 407. Jurisdiction.CommentsClose CommentsPermalink

‘SEC. 401 AUTHORITY FOR STATES TO COLLECT TAX.

‘(a) In General- The tax imposed by section 101 on gross payments for the use or consumption of taxable property or services within a State shall be administered, collected, and remitted to the United States Treasury by such State if the State is an administering State.CommentsClose CommentsPermalink





‘(b) Administering State- For purposes of this section, the term ‘administering State’ means any State--CommentsClose CommentsPermalink





‘(1) which maintains a sales tax, andCommentsClose CommentsPermalink





‘(2) which enters into a cooperative agreement with the Secretary containing reasonable provisions governing the administration by such State of the taxes imposed by the subtitle and the remittance to the United States in a timely manner of taxes collected under this chapter.CommentsClose CommentsPermalink





‘(c) Cooperative Agreements- The agreement under subsection (b)(2) shall include provisions for the expeditious transfer of funds, contact officers, dispute resolution, information exchange, confidentiality, taxpayer rights, and other matters of importance. The agreement shall not contain extraneous matters.CommentsClose CommentsPermalink





‘(d) Timely Remittance of Tax-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Administering States shall remit and pay over taxes collected under this subtitle on behalf of the United States (less the administration fee allowable under paragraph (2)) not later than 5 days after receipt. Interest at 150 percent of the Federal short-term rate shall be paid with respect to amounts remitted after the due date.CommentsClose CommentsPermalink





‘(2) ADMINISTRATION FEE- An administering State may retain an administration fee equal to one-quarter of 1 percent of the amounts otherwise required to be remitted to the United States under this chapter by the administering State.CommentsClose CommentsPermalink





‘(e) Limitation on Administration of Tax by United States- The Secretary may administer the tax imposed by this subtitle in an administering State only if--CommentsClose CommentsPermalink





‘(1)(A) such State has failed on a regular basis to timely remit to the United States taxes collected under this chapter on behalf of the United States, orCommentsClose CommentsPermalink





‘(B) such State has on a regular basis otherwise materially breached the agreement referred to in subsection (b)(2);CommentsClose CommentsPermalink





‘(2) the State has failed to cure such alleged failures and breaches within a reasonable time;CommentsClose CommentsPermalink





‘(3) the Secretary provides such State with written notice of such alleged failures and breaches; andCommentsClose CommentsPermalink





‘(4) a District Court of the United States within such State, upon application of the Secretary, has rendered a decision--CommentsClose CommentsPermalink





‘(A) making findings of fact that--CommentsClose CommentsPermalink





‘(i) such State has failed on a regular basis to timely remit to the United States taxes collected under this chapter on behalf of the United States, or such State has on a regular basis otherwise materially breached the agreement referred to in subsection (b)(2);CommentsClose CommentsPermalink





‘(ii) the Secretary has provided such State with written notice of such alleged failures and breaches; andCommentsClose CommentsPermalink





‘(iii) the State has failed to cure such alleged failures and breaches within a reasonable time; andCommentsClose CommentsPermalink





‘(B) making a determination that it is in the best interest of the citizens of the United States that the administering State’s authority to administer the tax imposed by this subtitle be revoked and said tax be administered directly by the Secretary.CommentsClose CommentsPermalink





The order of the District Court revoking the authority of an Administering State shall contain provisions governing the orderly transfer of authority to the Secretary.CommentsClose CommentsPermalink





‘(f) Reinstitution- A State that has had its authority revoked pursuant to subsection (e) shall not be an administering State for a period of not less than 5 years after the date of the order of revocation. For the first calendar year commencing 8 years after the date of the order of revocation, the State shall be regarded without prejudice as eligible to become an administering State.CommentsClose CommentsPermalink





‘(g) Third State Administration Permissible- It shall be permissible for a State to contract with an administering State to administer the State’s sales tax for an agreed fee. In this case, the agreement contemplated by subsection (c) shall have both the State and the Federal Government as parties.CommentsClose CommentsPermalink





‘(h) Investigations and Audits- Administering States shall not conduct investigations or audits at facilities in other administering States in connection with the tax imposed by section 101 or conforming State sales tax but shall instead cooperate with other administering States using the mechanisms established by section 402, by compact or by other agreement.CommentsClose CommentsPermalink

‘SEC. 402. FEDERAL ADMINISTRATIVE SUPPORT FOR STATES.

‘(a) In General- The Secretary shall administer a program to facilitate information sharing among States.CommentsClose CommentsPermalink





‘(b) State Compacts- The Secretary shall facilitate, and may be a party to a compact among States for purposes of facilitating the taxation of interstate purchases and for other purposes that may facilitate implementation of this subtitle.CommentsClose CommentsPermalink





‘(c) Agreement With Conforming States- The Secretary is authorized to enter into and shall enter into an agreement among conforming States enabling conforming States to collect conforming State sales tax on sales made by sellers without a particular conforming State to a destination within that particular conforming State.CommentsClose CommentsPermalink





‘(d) Secretary’s Authority- The Secretary shall have the authority to promulgate regulations, to provide guidelines, to assist States in administering the national sales tax, to provide for uniformity in the administration of the tax and to provide guidance to the public.CommentsClose CommentsPermalink

‘SEC. 403. FEDERAL-STATE TAX CONFERENCES.

‘Not less than once annually, the Secretary shall host a conference with the sales tax administrators from the various administering States to evaluate the state of the national sales tax system, to address issues of mutual concern and to develop and consider legislative, regulatory, and administrative proposals to improve the tax system.CommentsClose CommentsPermalink

‘SEC. 404. FEDERAL ADMINISTRATION IN CERTAIN STATES.

‘The Secretary shall administer the tax imposed by this subtitle in any State or other United States jurisdiction that--CommentsClose CommentsPermalink





‘(1) is not an administering State, orCommentsClose CommentsPermalink





‘(2) elected to have another State administer its tax in accordance with section 401(g).CommentsClose CommentsPermalink

‘SEC. 405. INTERSTATE ALLOCATION AND DESTINATION DETERMINATION.

‘(a) Destination Generally- The tax imposed by this subtitle is a destination principle tax. This section shall govern for purposes of determining--CommentsClose CommentsPermalink





‘(1) whether the destination of taxable property and services is within or without the United States, andCommentsClose CommentsPermalink





‘(2) which State or territory within the United States is the destination of taxable property and services.CommentsClose CommentsPermalink





‘(b) Tangible Personal Property- Except as provided in subsection (f) (relating to certain leases), the destination of tangible personal property shall be the State or territory in which the property was first delivered to the purchaser (including agents and authorized representatives).CommentsClose CommentsPermalink





‘(c) Real Property- The destination of real property, or rents or leaseholds on real property, shall be the State or territory in which the real property is located.CommentsClose CommentsPermalink





‘(d) Other Property- The destination of any other taxable property shall be the residence of the purchaser.CommentsClose CommentsPermalink





‘(e) Services-CommentsClose CommentsPermalink





‘(1) GENERAL RULE- The destination of services shall be the State or territory in which the use or consumption of the services occurred. Allocation of service invoices relating to more than 1 jurisdiction shall be on the basis of time or another method determined by regulation.CommentsClose CommentsPermalink





‘(2) TELECOMMUNICATIONS SERVICES- The destination of telecommunications services shall be the residence of the purchaser. Telecommunications services include telephone, telegraph, beeper, radio, cable television, satellite, and computer on-line or network services.CommentsClose CommentsPermalink





‘(3) DOMESTIC TRANSPORTATION SERVICES- For transportation services where all of the final destinations are within the United States, the destination of transportation services shall be the final destination of the trip (in the case of round or multiple trip fares, the services amount shall be equally allocated among each final destination).CommentsClose CommentsPermalink





‘(4) INTERNATIONAL TRANSPORTATION SERVICES- For transportation services where the final destination or origin of the trip is without the United States, the service amount shall be deemed 50 percent attributable to the United States destination or origin.CommentsClose CommentsPermalink





‘(5) ELECTRICAL SERVICE- The destination of electrical services shall be the residence of the purchaser.CommentsClose CommentsPermalink





‘(f) Financial Intermediation Services- The destination of financial intermediation services shall be the residence of the purchaser.CommentsClose CommentsPermalink





‘(g) Rents Paid for the Lease of Tangible Property-CommentsClose CommentsPermalink





‘(1) GENERAL RULE- Except as provided in paragraph (2), the destination of rents paid for the lease of tangible property and leaseholds on such property shall be where the property is located while in use.CommentsClose CommentsPermalink





‘(2) LAND VEHICLES; AIRCRAFT, WATER CRAFT- The destination of rental and lease payments on land vehicles, aircraft and water craft shall be--CommentsClose CommentsPermalink





‘(A) in the case of rentals and leases of a term of 1 month or less, the location where the land vehicle, aircraft, or water craft was originally delivered to the renter or lessee; andCommentsClose CommentsPermalink





‘(B) in the case of rentals and leases of a term greater than 1 month, the residence of the renter or lessee.CommentsClose CommentsPermalink





‘(h) Allocation Rules- For purposes of allocating revenue--CommentsClose CommentsPermalink





‘(1) between or among administering States from taxes imposed by this subtitle or from State sales taxes administered by third-party administering States, orCommentsClose CommentsPermalink





‘(2) between or among States imposing conforming State sales taxes,CommentsClose CommentsPermalink





the revenue shall be allocated to those States that are the destination of the taxable property or service.CommentsClose CommentsPermalink





‘(i) Federal Office of Revenue Allocation- The Secretary shall establish an Office of Revenue Allocation to arbitrate any claims or disputes among administering States as to the destination of taxable property and services for purposes of allocating revenue between or among the States from taxes imposed by this subtitle. The determination of the Administrator of the Office of Revenue Allocation shall be subject to judicial review in any Federal court with competent jurisdiction. The standard of review shall be abuse of discretion.CommentsClose CommentsPermalink

‘SEC. 406. GENERAL ADMINISTRATIVE MATTERS.

‘(a) In General- The Secretary and each sales tax administering authority may employ such persons as may be necessary for the administration of this subtitle and may delegate to employees the authority to conduct interviews, hearings, prescribe rules, promulgate regulations, and perform such other duties as are required by this subtitle.CommentsClose CommentsPermalink





‘(b) Resolution of Any Inconsistent Rules and Regulations- In the event that the Secretary and any sales tax administering authority have issued inconsistent rules or regulations, any lawful rule or regulation issued by the Secretary shall govern.CommentsClose CommentsPermalink





‘(c) Adequate Notice To Be Provided- Except in the case of an emergency declared by the Secretary (and not his designee), no rule or regulation issued by the Secretary with respect to any internal revenue law shall take effect before 90 days have elapsed after its publication in the Federal Register. Upon issuance, the Secretary shall provide copies of all rules or regulations issued under this title to each sales tax administering authority.CommentsClose CommentsPermalink





‘(d) No Rules, Rulings, or Regulations With Retroactive Effect- No rule, ruling, or regulation issued or promulgated by the Secretary relating to any internal revenue law or by a sales tax administering authority shall apply to a period prior to its publication in the Federal Register (or State equivalent) except that a regulation may take retroactive effect to prevent abuse.CommentsClose CommentsPermalink





‘(e) Review of Impact of Regulations, Rules, and Rulings on Small Business-CommentsClose CommentsPermalink





‘(1) SUBMISSION TO SMALL BUSINESS ADMINISTRATION- After publication of any proposed or temporary regulation by the Secretary relating to internal revenue laws, the Secretary shall submit such regulation to the Chief Counsel for Advocacy of the Small Business Administration for comment on the impact of such regulation on small businesses. Not later than the date 30 days after the date of such submission, the Chief Counsel for Advocacy of the Small Business Administration shall submit comments on such regulation to the Secretary.CommentsClose CommentsPermalink





‘(2) CONSIDERATION OF COMMENTS- In prescribing any final regulation which supersedes a proposed or temporary regulation which had been submitted under this subsection to the Chief Counsel for Advocacy of the Small Business Administration, the Secretary shall--CommentsClose CommentsPermalink





‘(A) consider the comments of the Chief Counsel for Advocacy of the Small Business Administration on such proposed or temporary regulation, andCommentsClose CommentsPermalink





‘(B) in promulgating such final regulation, include a narrative that describes the response to such comments.CommentsClose CommentsPermalink





‘(3) SUBMISSION OF CERTAIN FINAL REGULATION- In the case of promulgation by the Secretary of any final regulations (other than a temporary regulation) which do not supersede a proposed regulation, the requirements of paragraphs (1) and (2) shall apply, except that the submission under paragraph (1) shall be made at least 30 days before the date of such promulgation, and the consideration and discussion required under paragraph (2) shall be made in connection with the promulgation of such final regulation.CommentsClose CommentsPermalink





‘(f) Small Business Regulatory Safeguards- The Small Business Regulatory Enforcement Fairness Act (Public Law 104-121; 110 Stat. 857 (‘SBREFA’)) and the Regulatory Flexibility Act (5 U.S.C. 601-612 (‘RFA’)) shall apply to regulations promulgated under this subtitle.CommentsClose CommentsPermalink

‘SEC. 407. JURISDICTION.

‘(a) State Jurisdiction- A sales tax administering authority shall have jurisdiction over any gross payments made which have a destination (as determined in accordance with section 405) within the State of said sales tax administering authority. This grant of jurisdiction is not exclusive of any other jurisdiction that such sales tax administering authority may have.CommentsClose CommentsPermalink





‘(b) Federal Jurisdiction- The grant of jurisdiction in subsection (a) shall not be in derogation of Federal jurisdiction over the same matter. The Federal Government shall have the right to exercise preemptive jurisdiction over matters relating to the taxes imposed by this subtitle.CommentsClose CommentsPermalink

‘CHAPTER 5--OTHER ADMINISTRATIVE PROVISIONS

‘Sec. 501. Monthly reports and payments.CommentsClose CommentsPermalink





‘Sec. 502. Registration.CommentsClose CommentsPermalink





‘Sec. 503. Accounting.CommentsClose CommentsPermalink





‘Sec. 504. Penalties.CommentsClose CommentsPermalink





‘Sec. 505. Burden of persuasion and burden of production.CommentsClose CommentsPermalink





‘Sec. 506. Attorneys’ and accountancy fees.CommentsClose CommentsPermalink





‘Sec. 507. Summons, examinations, audits, etc.CommentsClose CommentsPermalink





‘Sec. 508. Records.CommentsClose CommentsPermalink





‘Sec. 509. Tax to be separately stated and charged.CommentsClose CommentsPermalink





‘Sec. 510. Coordination with title 11.CommentsClose CommentsPermalink





‘Sec. 511. Applicable interest rate.CommentsClose CommentsPermalink

‘SEC. 501. MONTHLY REPORTS AND PAYMENTS.

‘(a) Tax Reports and Filing Dates-CommentsClose CommentsPermalink





‘(1) IN GENERAL- On or before the 15th day of each month, each person who is--CommentsClose CommentsPermalink





‘(A) liable to collect and remit the tax imposed by this subtitle by reason of section 103(a), orCommentsClose CommentsPermalink





‘(B) liable to pay tax imposed by this subtitle which is not collected pursuant to section 103(a),CommentsClose CommentsPermalink





shall submit to the appropriate sales tax administering authority (in a form prescribed by the Secretary) a report relating to the previous calendar month.CommentsClose CommentsPermalink





‘(2) CONTENTS OF REPORT- The report required under paragraph (1) shall set forth--CommentsClose CommentsPermalink





‘(A) the gross payments referred to in section 101,CommentsClose CommentsPermalink





‘(B) the tax collected under chapter 4 in connection with such payments,CommentsClose CommentsPermalink





‘(C) the amount and type of any credit claimed, andCommentsClose CommentsPermalink





‘(D) other information reasonably required by the Secretary or the sales tax administering authority for the administration, collection, and remittance of the tax imposed by this subtitle.CommentsClose CommentsPermalink





‘(b) Tax Payments Date-CommentsClose CommentsPermalink





‘(1) GENERAL RULE- The tax imposed by this subtitle during any calendar month is due and shall be paid to the appropriate sales tax administering authority on or before the 15th day of the succeeding month. Both Federal tax imposed by this subtitle and confirming State sales tax (if any) shall be paid in 1 aggregate payment.CommentsClose CommentsPermalink





‘(2) CROSS REFERENCE- See subsection (e) relating to remitting of separate segregated funds for sellers that are not small sellers.CommentsClose CommentsPermalink





‘(c) Extensions for Filing Reports-CommentsClose CommentsPermalink





‘(1) AUTOMATIC EXTENSIONS FOR NOT MORE THAN 30 DAYS- On application, an extension of not more than 30 days to file reports under subsection (a) shall be automatically granted.CommentsClose CommentsPermalink





‘(2) OTHER EXTENSIONS- On application, extensions of 30 to 60 days to file such reports shall be liberally granted by the sales tax administering authority for reasonable cause. Extensions greater than 60 days may be granted by the sales tax administering authority to avoid hardship.CommentsClose CommentsPermalink





‘(3) NO EXTENSION FOR PAYMENT OF TAXES- Notwithstanding paragraphs (1) and (2), no extension shall be granted with respect to the time for paying or remitting the taxes under this subtitle.CommentsClose CommentsPermalink





‘(d) Telephone Reporting of Violations- The Secretary shall establish a system under which a violation of this subtitle can be brought to the attention of the sales tax administering authority for investigation through the use of a toll-free telephone number and otherwise.CommentsClose CommentsPermalink





‘(e) Separate Segregated Accounts-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Any registered seller that is not a small seller shall deposit all sales taxes collected pursuant to section 103 in a particular week in a separate segregated account maintained at a bank or other financial institution within 3 business days of the end of such week. Said registered seller shall also maintain in that account sufficient funds to meet the bank or financial institution minimum balance requirements, if any, and to pay account fees and costs.CommentsClose CommentsPermalink





‘(2) SMALL SELLER- For purposes of this subsection, a small seller is any person that has not collected $20,000 or more of the taxes imposed by this subtitle in any of the previous 12 months.CommentsClose CommentsPermalink





‘(3) LARGE SELLERS- Any seller that has collected $100,000 or more of the taxes imposed by this subtitle in any of the previous 12 months is a large seller. A large seller shall remit to the sales tax administering authority the entire balance of deposited taxes in its separate segregated account on the first business day following the end of the calendar week. The Secretary may by regulation require the electronic transfer of funds due from large sellers.CommentsClose CommentsPermalink





‘(4) WEEK- For purposes of this subsection, the term ‘week’ shall mean the 7-day period ending on a Friday.CommentsClose CommentsPermalink





‘(f) Determination of Report Filing Date- A report filed pursuant to subsection (a) shall be deemed filed when--CommentsClose CommentsPermalink





‘(1) deposited in the United States mail, postage prepaid, addressed to the sales tax administering authority,CommentsClose CommentsPermalink





‘(2) delivered and accepted at the offices of the sales tax administering authority,CommentsClose CommentsPermalink





‘(3) provided to a designated commercial private courier service for delivery within 2 days to the sales tax administering authority at the address of the sales tax administering authority, orCommentsClose CommentsPermalink





‘(4) by other means permitted by the Secretary.CommentsClose CommentsPermalink





‘(g) Security Requirements- A large seller (within the meaning of subsection (e)(3)) shall be required to provide security in an amount equal to the greater of $100,000 or one and one-half times the seller’s average monthly tax liability during the previous 6 calendar months. Security may be a cash bond, a bond from a surety company approved by the Secretary, a certificate of deposit, or a State or United States Treasury bond. A bond qualifying under this subsection must be a continuing instrument for each calendar year (or portion thereof) that the bond is in effect. The bond must remain in effect until the surety or sureties are released and discharged. Failure to provide security in accordance with this section shall result in revocation of the seller’s section 502 registration. If a person who has provided security pursuant to this subsection--CommentsClose CommentsPermalink





‘(1) fails to pay an amount indicated in a final notice of amount due under this subtitle (within the meaning of section 605(d)),CommentsClose CommentsPermalink





‘(2) no Taxpayer Assistance Order is in effect relating to the amount due,CommentsClose CommentsPermalink





‘(3) either the time for filing an appeal pursuant to section 604 has passed or the appeal was denied, andCommentsClose CommentsPermalink





‘(4) the amount due is not being litigated in any judicial forum,CommentsClose CommentsPermalink





then the security or part of the security, as the case may be, may be forfeited in favor of the Secretary to the extent of such tax due (plus interest if any).CommentsClose CommentsPermalink





‘(h) Rewards Program- The Secretary is authorized to maintain a program of awards wherein individuals that assist the Secretary or sales tax administering authorities in discovering or prosecuting tax fraud may be remunerated.CommentsClose CommentsPermalink





‘(i) Cross Reference- For interest due on taxes remitted late, see section 6601.CommentsClose CommentsPermalink

‘SEC. 502. REGISTRATION.

‘(a) In General- Any person liable to collect and remit taxes pursuant to section 103(a) who is engaged in a trade or business shall register as a seller with the sales tax administering authority administering the taxes imposed by this subtitle.CommentsClose CommentsPermalink





‘(b) Affiliated Firms- Affiliated firms shall be treated as 1 person for purposes of this section. Affiliated firms may elect, upon giving notice to the Secretary in a form prescribed by the Secretary, to treat separate firms as separate persons for purposes of this subtitle.CommentsClose CommentsPermalink





‘(c) Designation of Tax Matters Person- Every person registered pursuant to subsection (a) shall designate a tax matters person who shall be an individual whom the sales tax administering authority may contact regarding tax matters. Each person registered must provide notice of a change in the identity of the tax matters person within 30 days of said change.CommentsClose CommentsPermalink





‘(d) Effect of Failure To Register- Any person that is required to register and who fails to do so is prohibited from selling taxable property or services. The Secretary or a sales tax administering authority may bring an action seeking a temporary restraining order, an injunction, or such other order as may be appropriate to enforce this section.CommentsClose CommentsPermalink

‘SEC. 503. ACCOUNTING.

‘(a) Cash Method To Be Used Generally- Registered sellers and other persons shall report transactions using the cash method of accounting unless an election to use the accrual method of accounting is made pursuant to subsection (b).CommentsClose CommentsPermalink





‘(b) Election To Use Accrual Method- A person may elect with respect to a calender year to remit taxes and report transactions with respect to the month where a sale was invoiced and accrued.CommentsClose CommentsPermalink





‘(c) Cross Reference- See section 205 for rules relating to bad debts for sellers electing the accrual method.CommentsClose CommentsPermalink

‘SEC. 504. PENALTIES.

‘(a) Failure To Register- Each person who is required to register pursuant to section 502 but fails to do so prior to notification by the sales tax administering authority shall be liable for a penalty of $500.CommentsClose CommentsPermalink





‘(b) Reckless or Willful Failure To Collect Tax-CommentsClose CommentsPermalink





‘(1) CIVIL PENALTY; FRAUD- Each person who is required to and recklessly or willfully fails to collect taxes imposed by this subtitle shall be liable for a penalty equal to the greater of $500 or 20 percent of tax not collected.CommentsClose CommentsPermalink





‘(2) CRIMINAL PENALTY- Each person who is required to and willfully fails as part of a trade or business to collect taxes imposed by this subtitle may be fined an amount up to the amount determined in accordance with paragraph (1) or imprisoned for a period of not more than 1 year or both.CommentsClose CommentsPermalink





‘(c) Reckless or Willful Assertion of Invalid Exemption-CommentsClose CommentsPermalink





‘(1) CIVIL PENALTY; FRAUD- Each person who recklessly or willfully asserts an invalid intermediate or export sales exemption from the taxes imposed by this subtitle shall be liable for a penalty equal to the greater of $500 or 20 percent of the tax not collected or remitted.CommentsClose CommentsPermalink





‘(2) CRIMINAL PENALTY- Each person who willfully asserts an invalid intermediate or export sales exemption from the taxes imposed by this subtitle may be fined an amount up to the amount determined in accordance with paragraph (1) or imprisoned for a period of not more than 1 year or both.CommentsClose CommentsPermalink





‘(d) Reckless or Willful Failure To Remit Tax Collected-CommentsClose CommentsPermalink





‘(1) CIVIL PENALTY; FRAUD- Each person who is required to and recklessly or willfully fails to remit taxes imposed by this subtitle and collected from purchasers shall be liable for a penalty equal to the greater of $1,000 or 50 percent of the tax not remitted.CommentsClose CommentsPermalink





‘(2) CRIMINAL PENALTY- Each person who willfully fails to remit taxes imposed by this subtitle and collected from purchasers may be fined an amount up to the amount determined in accordance with paragraph (1) or imprisoned for a period of not more than 2 years or both.CommentsClose CommentsPermalink





‘(e) Reckless or Willful Failure To Pay Tax- Each person who is required to and recklessly or willfully fails to pay taxes imposed by this subtitle shall be liable for a penalty equal to the greater of $500 or 20 percent of the tax not paid.CommentsClose CommentsPermalink





‘(f) Penalty for Late Filing-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In the case of a failure by any person who is required to and fails to file a report required by section 501 on or before the due date (determined with regard to any extension) for such report, such person shall pay a penalty for each month or fraction thereof that said report is late equal to the greater of--CommentsClose CommentsPermalink





‘(A) $50, orCommentsClose CommentsPermalink





‘(B) 0.5 percent of the gross payments required to be shown on the report.CommentsClose CommentsPermalink





‘(2) INCREASED PENALTY ON RETURNS FILED AFTER WRITTEN INQUIRY- The amount of the penalty under paragraph (1) shall be doubled with respect to any report filed after a written inquiry with respect to such report is received by the taxpayer from the sales tax administering authority.CommentsClose CommentsPermalink





‘(3) LIMITATION- The penalty imposed under this subsection shall not exceed 12 percent.CommentsClose CommentsPermalink





‘(4) EXCEPTIONS-CommentsClose CommentsPermalink





‘(A) REASONABLE CAUSE- No penalty shall be imposed under this subsection with respect to any failure if it is shown that such failure is due to reasonable cause.CommentsClose CommentsPermalink





‘(B) OTHER WAIVER AUTHORITY- In addition to penalties not imposed by reason of subparagraph (A), the sales tax administering authority, on application, shall waive the penalty imposed by paragraph (1) once per registered person per 24-month period. The preceding sentence shall not apply to a penalty determined under paragraph (2).CommentsClose CommentsPermalink





‘(g) Penalty for Willfully or Recklessly Accepting a False Intermediate or Export Sales Certificate- A person who willingly or recklessly accepts a false intermediate or export sales certificate shall pay a penalty equal to 20 percent of the tax not collected by reason of said acceptance.CommentsClose CommentsPermalink





‘(h) Penalty for Late Remittance of Taxes-CommentsClose CommentsPermalink





‘(1) IN GENERAL- A person who is required to timely remit taxes imposed by this subtitle and remits taxes more than 1 month after such taxes are due shall pay a penalty equal to 1 percent per month (or fraction thereof) from the due date.CommentsClose CommentsPermalink





‘(2) LIMITATION- The penalty imposed under this subsection shall not exceed 24 percent.CommentsClose CommentsPermalink





‘(3) EXCEPTIONS FOR REASONABLE CAUSE- No penalty shall be imposed under paragraph (1) with respect to any late remittance if it is shown that such late remittance is due to reasonable cause.CommentsClose CommentsPermalink





‘(i) Penalty for Filing False Rebate Claim-CommentsClose CommentsPermalink





‘(1) CIVIL PENALTY; FRAUD- A person who willingly or recklessly files a false claim for a family consumption allowance rebate (within the meaning of chapter 3) shall--CommentsClose CommentsPermalink





‘(A) pay a penalty equal to the greater of $500 or 50 percent of the claimed annual rebate amount not actually due, andCommentsClose CommentsPermalink





‘(B) repay any rebates received as a result of the false rebate claim (together with interest).CommentsClose CommentsPermalink





‘(2) CRIMINAL PENALTY- A person who willingly files a false claim for a family consumption allowance rebate (within the meaning of chapter 3) may be fined an amount up to the amount determined in accordance with paragraph (1) or imprisoned for a period not more than 1 year or both.CommentsClose CommentsPermalink





‘(j) Penalty for Bad Check- If any check or money order in payment of any amount receivable under this subtitle is not duly paid, in addition to other penalties provided by law, the person who tendered such check shall pay a penalty equal to the greater of--CommentsClose CommentsPermalink





‘(1) $25, orCommentsClose CommentsPermalink





‘(2) two percent of the amount of such check.CommentsClose CommentsPermalink





‘(k) Penalty for Failure To Maintain a Separate Segregated Account- Any person required to maintain a separate segregated account pursuant to section 501(e) that fails to maintain such a separate segregated account shall pay a penalty of $1,000.CommentsClose CommentsPermalink





‘(l) Penalty for Failure To Deposit Collected Taxes in a Separate Segregated Account- Any person required to deposit collected taxes into a separate segregated account maintained pursuant to section 501(e) that fails to timely deposit said taxes into the separate segregated account shall pay a penalty equal to 1 percent of the amount required to be deposited. The penalty imposed by the previous sentence shall be tripled unless said taxes have been deposited in the separate segregated account or remitted to the sales tax administering authority within 16 days of the date said deposit was due.CommentsClose CommentsPermalink





‘(m) Joint and Several Liability for Tax Matters Person and Responsible Officers- The tax matters person (designated pursuant to section 502(c)) and responsible officers or partners of a firm shall be jointly and severally liable for the tax imposed by this subtitle and penalties imposed by this subtitle.CommentsClose CommentsPermalink





‘(n) Right of Contribution- If more than 1 person is liable with respect to any tax or penalty imposed by this subtitle, each person who paid such tax or penalty shall be entitled to recover from other persons who are liable for such tax or penalty an amount equal to the excess of the amount paid by such person over such person’s proportionate share of the tax or penalty.CommentsClose CommentsPermalink





‘(o) Civil Penalties and Criminal Fines Not Exclusive-CommentsClose CommentsPermalink





‘(1) CIVIL PENALTY- The fact that a civil penalty has been imposed shall not prevent the imposition of a criminal fine.CommentsClose CommentsPermalink





‘(2) CRIMINAL FINE- The fact that a criminal fine has been imposed shall not prevent the imposition of a civil penalty.CommentsClose CommentsPermalink





‘(p) Confidentiality- Any person who violates the requirements relating to confidentiality of tax information (as provided in section 605(e)) may be fined up to $10,000 or imprisoned for a period of not more than 1 year, or both.CommentsClose CommentsPermalink





‘(q) Cross Reference- For interest due on late payments, see section 6601.CommentsClose CommentsPermalink

‘SEC. 505. BURDEN OF PERSUASION AND BURDEN OF PRODUCTION.

‘In all disputes concerning taxes imposed by this subtitle, the person engaged in a dispute with the sales tax administering authority or the Secretary, as the case may be, shall have the burden of production of documents and records but the sales tax administering authority or the Secretary shall have the burden of persuasion. In all disputes concerning an exemption claimed by a purchaser, if the seller has on file an intermediate sale or export sale certificate from the purchaser and did not have reasonable cause to believe that the certificate was improperly provided by the purchaser with respect to such purchase (within the meaning of section 103), then the burden of production of documents and records relating to that exemption shall rest with the purchaser and not with the seller.CommentsClose CommentsPermalink

‘SEC. 506. ATTORNEYS’ AND ACCOUNTANCY FEES.

‘In all disputes concerning taxes imposed by this subtitle, the person engaged in a dispute with the sales tax administering authority or the Secretary, as the case may be, shall be entitled to reasonable attorneys’ fees, accountancy fees, and other reasonable professional fees incurred in direct relation to the dispute unless the sales tax administering authority or the Secretary establishes that its position was substantially justified.CommentsClose CommentsPermalink

‘SEC. 507. SUMMONS, EXAMINATIONS, AUDITS, ETC.

‘(a) Summons- Persons are subject to administrative summons by the sales tax administering authority for records, documents, and testimony required by the sales tax administering authority to accurately determine liability for tax under this subtitle. A summons shall be served by the sales tax administering authority by an attested copy delivered in hand to the person to whom it is directed or left at his last known address. The summons shall describe with reasonable certainty what is sought.CommentsClose CommentsPermalink





‘(b) Examinations and Audits- The sales tax administering authority has the authority to conduct at a reasonable time and place examinations and audits of persons who are or may be liable to collect and remit tax imposed by this subtitle and to examine the books, papers, records, or other data of such persons which may be relevant or material to the determination of tax due.CommentsClose CommentsPermalink





‘(c) Limitation on Authority in Case of Referral- No administrative summons may be issued by the sales tax administering authority and no action be commenced to enforce an administrative summons with respect to any person if a Justice Department referral or referral to a State Attorney General’s Office is in effect with respect to such person relating to a tax imposed by this subtitle. Such referral is in effect with respect to any person if the sales tax administering authority or the Secretary has recommended to the Justice Department or a State Attorney General’s Office a grand jury investigation of such person or a criminal prosecution of such person that contemplates criminal sanctions under this title. A referral shall be terminated when--CommentsClose CommentsPermalink





‘(1) the Justice Department or a State Attorney General’s Office notifies the sales tax administering authority or the Secretary that he will not--CommentsClose CommentsPermalink





‘(A) prosecute such person for any offense connected with the internal revenue laws,CommentsClose CommentsPermalink





‘(B) authorize a grand jury investigation of such person with respect to such offense, orCommentsClose CommentsPermalink





‘(C) continue such a grand jury investigation, orCommentsClose CommentsPermalink





‘(2) a final disposition has been made of any criminal proceeding connected with the internal revenue laws, or conforming State sales tax, against such person.CommentsClose CommentsPermalink

‘SEC. 508. RECORDS.

‘Any person liable to remit taxes pursuant to this subtitle shall keep records (including a record of all section 509 receipts provided, complete records of intermediate and export sales, including purchaser’s intermediate and export sales certificates and tax number and the net of tax amount of purchase) sufficient to determine the amounts reported, collected, and remitted for a period of 6 years after the latter of the filing of the report for which the records formed the basis or when the report was due to be filed. Any purchaser who purchased taxable property or services but did not pay tax by reason of asserting an intermediate and export sales exemption shall keep records sufficient to determine whether said exemption was valid for a period of 7 years after the purchase of taxable property or services.CommentsClose CommentsPermalink

‘SEC. 509. TAX TO BE SEPARATELY STATED AND CHARGED.

‘(a) In General- For each purchase of taxable property or services for which a tax is imposed by section 101, the seller shall charge the tax imposed by section 101 separately from the purchase. For purchase of taxable property or services for which a tax is imposed by section 101, the seller shall provide to the purchaser a receipt for each transaction that includes--CommentsClose CommentsPermalink





‘(1) the property or services price exclusive of tax;CommentsClose CommentsPermalink





‘(2) the amount of tax paid;CommentsClose CommentsPermalink





‘(3) the property or service price inclusive of tax;CommentsClose CommentsPermalink





‘(4) the tax rate (the amount of tax paid (per paragraph (2)) divided by the property or service price inclusive of tax (per paragraph (3));CommentsClose CommentsPermalink





‘(5) the date that the good or service was sold;CommentsClose CommentsPermalink





‘(6) the name of the vendor; andCommentsClose CommentsPermalink





‘(7) the vendor registration number.CommentsClose CommentsPermalink





‘(b) Vending Machine Exception- The requirements of subsection (a) shall be inapplicable in the case of sales by vending machines. Vending machines for purposes of this subsection are machines--CommentsClose CommentsPermalink





‘(1) that dispense taxable property in exchange for coins or currency; andCommentsClose CommentsPermalink





‘(2) that sell no single item exceeding $10 per unit in price.CommentsClose CommentsPermalink





‘(c) Financial Intermediation Services Exception- The requirements of subsection (a) shall be inapplicable in the case of sales financial intermediation service. Receipts shall be issued when the tax is imposed (in accordance with section 803 (relating to timing of tax on financial intermediation services)).CommentsClose CommentsPermalink

‘SEC. 510. COORDINATION WITH TITLE 11.

‘No addition to tax shall be made under section 504 with respect to a period during which a case is pending under title 11, United States Code--CommentsClose CommentsPermalink





‘(1) if such tax was incurred by the estate and the failure occurred pursuant to an order of the court finding probable insufficiency of funds of the estate to pay administrative expenses; orCommentsClose CommentsPermalink





‘(2) if--CommentsClose CommentsPermalink





‘(A) such tax was incurred by the debtor before the earlier of the order for relief or (in the involuntary case) the appointment of a trustee; andCommentsClose CommentsPermalink





‘(B) the petition was filed before the due date prescribed by law (including extensions) for filing a return of such tax, or the date for making the addition to tax occurs on or after the date the petition was filed.CommentsClose CommentsPermalink

‘SEC. 511. APPLICABLE INTEREST RATE.

‘(a) In General-CommentsClose CommentsPermalink





‘(1) FEDERAL SHORT-TERM RATE- In the case of a debt instrument, investment, financing lease, or account with a term of not over 3 years, the applicable interest rate is the Federal short-term rate.CommentsClose CommentsPermalink





‘(2) FEDERAL MID-TERM RATE- In the case of a debt instrument, investment, financing lease, or account with a term of over 3 years but not over 9 years, the applicable interest rate is the Federal mid-term rate.CommentsClose CommentsPermalink





‘(3) FEDERAL LONG-TERM RATE- In the case of a debt instrument, investment, financing lease, or account with a term of over 9 years, the applicable interest rate is the Federal long-term rate.CommentsClose CommentsPermalink





‘(b) Federal Short-Term Rate- The Federal short-term rate shall be the rate determined by the Secretary based on the average market yield (selected by the Secretary and ending in the calendar month in which the determination is made during any one month) on outstanding marketable obligations of the United States with remaining periods to maturity of 3 years or fewer.CommentsClose CommentsPermalink





‘(c) Federal Mid-Term Rate- The Federal mid-term rate shall be the rate determined by the Secretary based on the average market yield (selected by the Secretary and ending in the calendar month in which the determination is made during any 1 month) on outstanding marketable obligations of the United States with remaining periods to maturity of more than 3 years and not over 9 years.CommentsClose CommentsPermalink





‘(d) Federal Long-Term Rate- The Federal long-term rate shall be the rate determined by the Secretary based on the average market yield (selected by the Secretary and ending in the calendar month in which the determination is made during any 1 month) on outstanding marketable obligations of the United States with remaining periods to maturity of over 9 years.CommentsClose CommentsPermalink





‘(e) Determination of Rates- During each calendar month, the Secretary shall determine the Federal short-term rate, the Federal mid-term rate and the Federal long-term rate which shall apply during the following calendar month.CommentsClose CommentsPermalink

‘CHAPTER 6--COLLECTIONS; APPEALS; TAXPAYER RIGHTS

‘Sec. 601. Collections.CommentsClose CommentsPermalink





‘Sec. 602. Power to levy, etc.CommentsClose CommentsPermalink





‘Sec. 603. Problem resolution offices.CommentsClose CommentsPermalink





‘Sec. 604. Appeals.CommentsClose CommentsPermalink





‘Sec. 605. Taxpayer rights.CommentsClose CommentsPermalink





‘Sec. 606. Installment agreements compromises.CommentsClose CommentsPermalink

‘SEC. 601. COLLECTIONS.

‘The sales tax administering authority shall collect the taxes imposed by this subtitle, except as provided in section 404 (relating to Federal administration in certain States).CommentsClose CommentsPermalink

‘SEC. 602. POWER TO LEVY, ETC.

‘(a) In General- The sales tax administering authority may levy and seize property, garnish wages or salary and file liens to collect amounts due under this subtitle, pursuant to enforcement of--CommentsClose CommentsPermalink





‘(1) a judgment duly rendered by a court of law;CommentsClose CommentsPermalink





‘(2) an amount due if the taxpayer has failed to exercise his appeals rights under section 604; orCommentsClose CommentsPermalink





‘(3) an amount due if the appeals process determined that an amount remained due and the taxpayer has failed to timely petition the Tax Court for relief.CommentsClose CommentsPermalink





‘(b) Exemption From Levy, Seizure, and Garnishments- There shall be exempt from levy, seizure, and garnishment or penalty in connection with any tax imposed by this subtitle--CommentsClose CommentsPermalink





‘(1) wearing apparel, school books, fuel, provisions, furniture, personal effects, tools of a trade or profession, livestock in a household up to an aggregate value of $15,000; andCommentsClose CommentsPermalink





‘(2) monthly money income equal to 150 percent of the monthly poverty level (as defined in section 303).CommentsClose CommentsPermalink





‘(c) Liens To Be Timely Released- Subject to such reasonable regulations as the Secretary may provide, any lien imposed with respect to a tax imposed by this title shall be released not later than 30 days after--CommentsClose CommentsPermalink





‘(1) the liability was satisfied or became unenforceable; orCommentsClose CommentsPermalink





‘(2) a bond was accepted as security.CommentsClose CommentsPermalink

‘SEC. 603. PROBLEM RESOLUTION OFFICES.

‘(a) Problem Resolution Office To Be Established- Each sales tax administering authority shall establish an independent Problem Resolution Office and appoint an adequate number of problem resolution officers. The head of the problem resolution office must be appointed by, and serve at the pleasure of either the State Governor (in the case of an administering State) or the President of the United States.CommentsClose CommentsPermalink





‘(b) Authority of Problem Resolution Officers- Problem resolution officers shall have the authority to investigate complaints and issue a Taxpayer Assistance Order to administratively enjoin any collection activity if, in the opinion of the problem resolution officer, said collection activity is reasonably likely to not be in compliance with law or to prevent hardship (other than by reason of having to pay taxes lawfully due). Problem resolution officers shall also have the authority to issue Taxpayer Assistance Orders releasing or returning property that has been levied upon or seized, ordering that a lien be released and that garnished wages be returned. A Taxpayer Assistance Order may only be rescinded or modified by the problem resolution officer that issued it, by the highest official in the relevant sales tax administering authority or by its general counsel upon a finding that the collection activity is justified by clear and convincing evidence. The authority to reverse this Taxpayer Assistance Order may not be delegated.CommentsClose CommentsPermalink





‘(c) Form of Request for Taxpayer Assistance Order- The Secretary shall establish a form and procedure to aid persons requesting the assistance of the Problem Resolution Office and to aid the Problem Resolution Office in understanding the needs of the person seeking assistance. The use of this form, however, shall not be a prerequisite to a problem resolution officer taking action, including issuing a Taxpayer Assistance Order.CommentsClose CommentsPermalink





‘(d) Content of Taxpayer Assistance Order- A Taxpayer Assistance Order shall contain the name of the problem resolution officer, any provision relating to the running of any applicable period of limitation, the name of the person that the Taxpayer Assistance Order assists, the government office (or employee or officer of said government office) to whom it is directed and the action or cessation of action that the Taxpayer Assistance Order requires of said government officer (or employee or officer of said government office). The Taxpayer Assistance Order need not contain findings of fact or its legal basis; however, the problem resolution officer must provide findings of fact and the legal basis for the issuance of the Taxpayer Assistance Order to the sales tax administering authority upon the request of an officer of said authority within 2 weeks of the receipt of such request.CommentsClose CommentsPermalink





‘(e) Independence Protected- Problem resolution officers shall not be disciplined or adversely affected for the issuance of administrative injunctions unless a pattern of issuing injunctions that are manifestly unreasonable is proven in an administrative hearing by a preponderance of the evidence.CommentsClose CommentsPermalink





‘(f) Other Rights Not Limited- Nothing in this section shall limit the authority of the sales tax administering authority, the registered person or other person from pursuing any legal remedy in any court with jurisdiction over the dispute at issue.CommentsClose CommentsPermalink





‘(g) Limitations- The running of any applicable period of limitation shall be suspended for a period of 8 weeks following the issuance of a Taxpayer Assistance Order or, if specified, for a longer period set forth in the Taxpayer Assistance Order provided the suspension does not exceed 6 months.CommentsClose CommentsPermalink

‘SEC. 604 APPEALS.

‘(a) Administrative Appeals- The sales tax administering authority shall establish an administrative appeals process wherein the registered person or other person in disagreement with a decision of the sales tax administering authority asserting liability for tax is provided a full and fair hearing in connection with any disputes said person has with the sales tax administering authority.CommentsClose CommentsPermalink





‘(b) Timing of Administrative Appeals- Said administrative appeal must be made within 60 days of receiving a final notice of amount due pursuant to section 605(d) unless leave for an extension is granted by the appeals officer in a form prescribed by the Secretary. Leave shall be granted to avoid hardship.CommentsClose CommentsPermalink

‘SEC. 605. TAXPAYER RIGHTS.

‘(a) Rights To Be Disclosed- The sales tax administering authority shall provide to any person against whom it has--CommentsClose CommentsPermalink





‘(1) commenced an audit or investigation;CommentsClose CommentsPermalink





‘(2) issued a final notice of amount due;CommentsClose CommentsPermalink





‘(3) filed an administrative lien, levy, or garnishment;CommentsClose CommentsPermalink





‘(4) commenced other collection action;CommentsClose CommentsPermalink





‘(5) commenced an action for civil penalties; orCommentsClose CommentsPermalink





‘(6) any other legal action,CommentsClose CommentsPermalink





a document setting forth in plain English the rights of the person. The document shall explain the administrative appeals process, the authority of the Problem Resolution Office (established pursuant to section 603) and how to contact that Office, the burden of production and persuasion that the person and the sales tax administering authority bear (pursuant to section 505), the right of the person to professional fees (pursuant to section 506), the right to record interviews and such other rights as the person may possess under this subtitle. Said document will also set forth the procedures for entering into an installment agreement.CommentsClose CommentsPermalink





‘(b) Right to Professional Assistance- In all dealings with the sales tax administering authority, a person shall have the right to assistance, at their own expense, of 1 or more professional advisors.CommentsClose CommentsPermalink





‘(c) Right To Record Interviews- Any person who is interviewed by an agent of the sales tax administering authority shall have the right to video or audio tape the interview at the person’s own expense.CommentsClose CommentsPermalink





‘(d) Right to Final Notice of Amount Due- No collection or enforcement action will be commenced against a person until 30 days after they have been provided with a final notice of amount due under this subtitle by the sales tax administering authority. The final notice of amount due shall set forth the amount of tax due (along with any interest and penalties due) and the factual and legal basis for such amounts being due with sufficient specificity that such basis can be understood by a reasonable person who is not a tax professional reading the notice. The final notice shall be sent by certified mail, return receipt requested, to--CommentsClose CommentsPermalink





‘(1) the address last provided by a registered seller; orCommentsClose CommentsPermalink





‘(2) the best available address to a person who is not a registered seller.CommentsClose CommentsPermalink





‘(e) Confidentiality of Tax Information-CommentsClose CommentsPermalink





‘(1) IN GENERAL- All reports and report information (related to any internal revenue law) shall be confidential and except as authorized by this title--CommentsClose CommentsPermalink





‘(A) no officer or employee (including former officers and employees) of the United States;CommentsClose CommentsPermalink





‘(B) no officer or employee (including former officers and employees) of any State or local agency who has had access to returns or return information; andCommentsClose CommentsPermalink





‘(C) no other person who has had access to returns or return information;CommentsClose CommentsPermalink





shall disclose any report or report information obtained by him in any manner in connection with his service as such officer or employee or otherwise.CommentsClose CommentsPermalink





‘(2) DESIGNEES- The sales tax administering authority may, subject to such requirements as the Secretary may impose, disclose the report and report information of a person to that person or persons as that person may designate to receive said information or return.CommentsClose CommentsPermalink





‘(3) OTHER SALES TAX ADMINISTERING AUTHORITIES- A sales tax administering authority may impose, disclose the report and report information to another sales tax administering authority.CommentsClose CommentsPermalink





‘(4) INCOMPETENCY- A sales tax administering authority may, subject to such requirements as the Secretary may impose, disclose the report and report information to the committee, trustee, or guardian of a person who is incompetent.CommentsClose CommentsPermalink





‘(5) DECEASED PERSONS- A sales tax administering authority may, subject to such requirements as the Secretary may impose, disclose the report and report information to the decedent’s--CommentsClose CommentsPermalink





‘(A) administrator, executor, estate trustee, orCommentsClose CommentsPermalink





‘(B) heir at law, next of kin, or beneficiary under a will who has a material interest that will be affected by the information.CommentsClose CommentsPermalink





‘(6) BANKRUPTCY- A sales tax administering authority may, subject to such requirements as the Secretary may impose, disclose the report and report information to a person’s trustee in bankruptcy.CommentsClose CommentsPermalink





‘(7) CONGRESS- Upon written request from the Chairman of the Committee on Ways and Means, the Chairman of the Committee on Finance of the Senate, or the Chairman or Chief of Staff of the Joint Committee on Taxation, a sales tax administering authority shall disclose the report and report information, except that any report or report information that can be associated with or otherwise identify a particular person shall be furnished to such committee only when sitting in closed executive session unless such person otherwise consents in writing to such disclosure.CommentsClose CommentsPermalink





‘(8) WAIVER OF PRIVACY RIGHTS- A person may waive confidentiality rights provided by this section. Such waiver must be in writing.CommentsClose CommentsPermalink





‘(9) INTERNAL USE- Disclosure of the report or report information by officers or employees of a sales tax administering authority to other officers or employees of a sales tax administering authority in the ordinary course of tax administration activities shall not constitute unlawful disclosure of the report or report information.CommentsClose CommentsPermalink





‘(10) STATISTICAL USE- Upon request in writing by the Secretary of Commerce, the Secretary shall furnish such reports and report information to officers and employees of the Department of Commerce as the Secretary may prescribe by regulation for the purposes of, and only to the extent necessary in, the structuring of censuses and national economic accounts and conducting related statistical activities authorized by law.CommentsClose CommentsPermalink





‘(11) DEPARTMENT OF THE TREASURY- Returns and return information shall be open for inspection by officers and employees of the Department of the Treasury whose official duties require such inspection or disclosure for the purpose of, and only to the extent necessary for, preparing economic or financial forecasts, projections, analyses, or estimates. Such inspection or disclosure shall be permitted only upon written request that sets forth the reasons why such inspection or disclosure is necessary and is signed by the head of the bureau or office of the Department of the Treasury requesting the inspection or disclosure.CommentsClose CommentsPermalink

‘SEC. 606. INSTALLMENT AGREEMENTS; COMPROMISES.

‘The sales tax administering authority is authorized to enter into written agreements with any person under which the person is allowed to satisfy liability for payment of any tax under this subtitle (and penalties and interest relating thereto) in installment payments if the sales tax administering authority determines that such agreement will facilitate the collection of such liability. The agreement shall remain in effect for the term of the agreement unless the information that the person provided to the sales tax administering authority was materially inaccurate or incomplete. The sales tax administering authority may compromise any amounts alleged to be due.CommentsClose CommentsPermalink

‘CHAPTER 7--SPECIAL RULES

‘Sec. 701. Hobby activities.CommentsClose CommentsPermalink





‘Sec. 702. Gaming activities.CommentsClose CommentsPermalink





‘Sec. 703. Government purchases.CommentsClose CommentsPermalink





‘Sec. 704. Government enterprises.CommentsClose CommentsPermalink





‘Sec. 705. Mixed use property.CommentsClose CommentsPermalink





‘Sec. 706. Not-for-profit organizations.CommentsClose CommentsPermalink

‘SEC. 701. HOBBY ACTIVITIES.

‘(a) Hobby Activities- Neither the exemption afforded by section 102 for intermediate sales nor the credits available pursuant to section 202 or 203 shall be available for any taxable property or service purchased for use in an activity if that activity is not engaged in for-profit.CommentsClose CommentsPermalink





‘(b) Status Deemed- If the activity has received gross payments for the sale of taxable property or services that exceed the sum of--CommentsClose CommentsPermalink





‘(1) taxable property and services purchased;CommentsClose CommentsPermalink





‘(2) wages and salary paid; andCommentsClose CommentsPermalink





‘(3) taxes (of any type) paid,CommentsClose CommentsPermalink





in 2 or more of the most recent 3 calendar years during which it operated when the business activity shall be conclusively deemed to be engaged in for profit.CommentsClose CommentsPermalink

‘SEC. 702. GAMING ACTIVITIES.

‘(a) Registration- Any person selling 1 or more chances is a gaming sponsor and shall register, in a form prescribed by the Secretary, with the sales tax administering authority as a gaming sponsor.CommentsClose CommentsPermalink





‘(b) Chance Defined- For purposes of this section, the term ‘chance’ means a lottery ticket, a raffle ticket, chips, other tokens, a bet or bets placed, a wager or wagers placed, or any similar device where the purchase of the right gives rise to an obligation by the gaming sponsor to pay upon the occurrence of--CommentsClose CommentsPermalink





‘(1) a random or unpredictable event; orCommentsClose CommentsPermalink





‘(2) an event over which neither the gaming sponsor nor the person purchasing the chance has control over the outcome.CommentsClose CommentsPermalink





‘(c) Chances Not Taxable Property or Service- Notwithstanding any other provision in this subtitle, a chance is not taxable property or services for purposes of section 101.CommentsClose CommentsPermalink





‘(d) Tax on Gaming Services Imposed- A 23-percent tax is hereby imposed on the taxable gaming services of a gaming sponsor. This tax shall be paid and remitted by the gaming sponsor. The tax shall be remitted by the 15th day of each month with respect to taxable gaming services during the previous calendar month.CommentsClose CommentsPermalink





‘(e) Taxable Gaming Services Defined- For purposes of this section, the term ‘taxable gaming services’ means--CommentsClose CommentsPermalink





‘(1) gross receipts of the gaming sponsor from the sale of chances, minusCommentsClose CommentsPermalink





‘(2) the sum of--CommentsClose CommentsPermalink





‘(A) total gaming payoffs to chance purchasers (or their designees); andCommentsClose CommentsPermalink





‘(B) gaming specific taxes (other than the tax imposed by this section) imposed by the Federal, State, or local government.CommentsClose CommentsPermalink

‘SEC. 703. GOVERNMENT PURCHASES.

‘(a) Government Purchases-CommentsClose CommentsPermalink





‘(1) PURCHASES BY THE FEDERAL GOVERNMENT- Purchases by the Federal Government of taxable property and services shall be subject to the tax imposed by section 101.CommentsClose CommentsPermalink





‘(2) PURCHASE BY STATE GOVERNMENTS AND THEIR POLITICAL SUBDIVISIONS- Purchases by State governments and their political subdivisions of taxable property and services shall be subject to the tax imposed by section 101.CommentsClose CommentsPermalink





‘(b) Cross References- For purchases by government enterprises see section 704.CommentsClose CommentsPermalink

‘SEC. 704. GOVERNMENT ENTERPRISES.

‘(a) Government Enterprises To Collect and Remit Taxes on Sales- Nothing in this subtitle shall be construed to exempt any Federal, State, or local governmental unit or political subdivision (whether or not the State is an administering State) operating a government enterprise from collecting and remitting tax imposed by this subtitle on any sale of taxable property or services., Government enterprises shall comply with all duties imposed by this subtitle and shall be liable for penalties and subject to enforcement action in the same manner as private persons that are not government enterprises.CommentsClose CommentsPermalink





‘(b) Government Enterprise- Any entity owned or operated by a Federal, State, or local governmental unit or political subdivision that receives gross payments from private persons is a government enterprise, except that a government-owned entity shall not become a government enterprise for purposes of this section unless in any quarter it has revenues from selling taxable property or services that exceed $2,500.CommentsClose CommentsPermalink





‘(c) Government Enterprises Intermediate Sales-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Government enterprises shall not be subject to tax on purchases that would not be subject to tax pursuant to section 102(b) if the government enterprise were a private enterprise.CommentsClose CommentsPermalink





‘(2) EXCEPTION- Government enterprises may not use the exemption afforded by section 102(b) to serve as a conduit for tax-free purchases by government units that would otherwise be subject to taxation on purchases pursuant to section 703. Transfers of taxable property or services purchased exempt from tax from a government enterprise to such government unit shall be taxable.CommentsClose CommentsPermalink





‘(d) Separate Books of Account- Any government enterprise must maintain books of account, separate from the nonenterprise government accounts, maintained in accordance with generally accepted accounting principles.CommentsClose CommentsPermalink





‘(e) Trade or Business- A government enterprise shall be treated as a trade or business for purposes of this subtitle.CommentsClose CommentsPermalink





‘(f) Enterprise Subsidies Constitute Taxable Purchase- A transfer of funds to a government enterprise by a government entity without full consideration shall constitute a taxable government purchase with the meaning of section 703 to the extent that the transfer of funds exceeds the fair market value of the consideration.CommentsClose CommentsPermalink