§ 44-18.1-10. Application of general sourcing rules and exclusions from the rules.
(A) Each member state shall agree to require sellers to source the retail sale of a product in accordance with § 44-18.1-11. The provisions of § 44-18.1-11 apply regardless of the characterization of a product as tangible personal property, a digital good, or a service. The provisions of § 44-18.1-11 only apply to determine a seller’s obligation to pay or collect and remit a sales or use tax with respect to the seller’s retail sale of a product. These provisions do not affect the obligation of a purchaser or lessee to remit tax on the use of the product to the taxing jurisdictions of that use.
(B) Section 44-18.1-11 does not apply to sales or use taxes levied on the following:
(1) The retail sale or transfer of watercraft, modular homes, manufactured homes, or mobile homes. These items must be sourced according to the requirements of each member state.
(2) The retail sale, excluding lease or rental, of motor vehicles, trailers, semi-trailers, or aircraft that do not qualify as transportation equipment, as defined in § 44-18.1-11, subsection (D). The retail sale of these items shall be sourced according to the requirements of each member state, and the lease or rental of these items must be sourced according to § 44-18.1-11, subsection (C).
(3) Telecommunications services, as set out in § 44-18.1-16, shall be sourced in accordance with § 44-18.1-15.
(4) Until December 31, 2007, florist sales as defined by each member state. Prior to this date, these items must be sourced according to the requirements of each member state.
History of Section.P.L. 2006, ch. 246, art. 30, § 12.
Structure Rhode Island General Laws
Chapter 44-18.1 - Adoption of the Streamlined Sales and Use Tax Agreement
Section 44-18.1-1. - Adoption of streamlined sales and use tax agreement — Regulations.
Section 44-18.1-1.1. - “Member State” defined.
Section 44-18.1-2. - State level administration.
Section 44-18.1-3. - State and local tax bases.
Section 44-18.1-4. - Seller registration.
Section 44-18.1-5. - Notice for state tax changes.
Section 44-18.1-6. - Local rate and boundary changes.
Section 44-18.1-7. - Relief from certain liability.
Section 44-18.1-8. - Database requirements and exceptions.
Section 44-18.1-9. - State and local tax rates.
Section 44-18.1-10. - Application of general sourcing rules and exclusions from the rules.
Section 44-18.1-11. - General sourcing rules.
Section 44-18.1-12. - General sourcing definitions.
Section 44-18.1-13. - Repealed.
Section 44-18.1-14. - Direct mail sourcing.
Section 44-18.1-15. - Telecommunication sourcing rule.
Section 44-18.1-16. - Telecommunication sourcing definitions.
Section 44-18.1-17. - Enactment of exemptions.
Section 44-18.1-18. - Administration of exemptions.
Section 44-18.1-19. - Uniform tax returns.
Section 44-18.1-20. - Uniform rules for remittances of funds.
Section 44-18.1-21. - Uniform rules for recovery of bad debts.
Section 44-18.1-22. - Confidentiality and privacy protections under Model 1.
Section 44-18.1-23. - Sales tax holidays.
Section 44-18.1-24. - Caps and thresholds.
Section 44-18.1-25. - Rounding rule.
Section 44-18.1-26. - Customer refund procedures.
Section 44-18.1-27. - Direct pay permits.
Section 44-18.1-28. - Library of definitions.
Section 44-18.1-29. - Taxability matrix.
Section 44-18.1-30. - Effective date for rate changes.
Section 44-18.1-31. - Bundled transactions.
Section 44-18.1-32. - Seller participation.
Section 44-18.1-33. - Amnesty for registration.
Section 44-18.1-34. - Method of remittance.
Section 44-18.1-35. - Registration by an agent.
Section 44-18.1-36. - Monetary allowance under Model 1.
Section 44-18.1-37. - Monetary allowance for Model 2 sellers.
Section 44-18.1-38. - Monetary allowance for Model 3 sellers and all other sellers.