Rhode Island General Laws
Chapter 44-18.1 - Adoption of the Streamlined Sales and Use Tax Agreement
Section 44-18.1-16. - Telecommunication sourcing definitions.

§ 44-18.1-16. Telecommunication sourcing definitions.
For the purpose of §§ 44-18.1-15 and 44-18-7, the following definitions apply:
(A) “Air-to-Ground Radiotelephone service” means a radio service, as that term is defined in 47 CFR 22.99, in which common carriers are authorized to offer and provide radio telecommunications service for hire to subscribers in aircraft.
(B) “Call-by-call Basis” means any method of charging for telecommunications services where the price is measured by individual calls.
(C) “Communications Channel” means a physical or virtual path of communications over which signals are transmitted between or among customer channel termination points.
(D) “Customer” means the person or entity that contracts with the seller of telecommunications services. If the end user of telecommunications services is not the contracting party, the end user of the telecommunications service is the customer of the telecommunication service, but this sentence only applies for the purpose of sourcing sales of telecommunications services under § 44-18.1-15. “Customer” does not include a reseller of telecommunications service or for mobile telecommunications service of a serving carrier under an agreement to serve the customer outside the home service provider’s licensed service area.
(E) “Customer Channel Termination Point” means the location where the customer either inputs or receives the communications.
(F) “End user” means the person who utilizes the telecommunication service. In the case of an entity, “end user” means the individual who utilizes the service on behalf of the entity.
(G) “Home service provider” means the same as that term is defined in Section 124(5) of Public Law 106-252 (Mobile Telecommunications Sourcing Act).
(H) “Mobile telecommunications service” means the same as that term is defined in Section 124(7) of Public Law 106-252 (Mobile Telecommunications Sourcing Act).
(I) “Place of primary use” means the street address representative of where the customer’s use of the telecommunications service primarily occurs, which must be the residential street address or the primary business street address of the customer. In the case of mobile telecommunications services, “place of primary use” must be within the licensed service area of the home service provider.
(J) “Post-paid calling service” means the telecommunications service obtained by making a payment on a call-by-call basis either through the use of a credit card or payment mechanism such as a bank card, travel card, credit card, or debit card, or by charge made to a telephone number which is not associated with the origination or termination of the telecommunications service. A post-paid calling service includes a telecommunications service, except a prepaid wireless calling service, that would be a prepaid calling service except it is not exclusively a telecommunication service.
(K) “Service address” means:
(1) The location of the telecommunications equipment to which a customer’s call is charged and from which the call originates or terminates, regardless of where the call is billed or paid.
(2) If the location in subsection (K)(1) is not known, service address means the origination point of the signal of the telecommunications services first identified by either the seller’s telecommunications system or in information received by the seller from its service provider, where the system used to transport such signals is not that of the seller.
(3) If the location in subsection (K)(1) and subsection (K)(2) are not known, the service address means the location of the customer’s place of primary use.
History of Section.P.L. 2006, ch. 246, art. 30, § 12.

Structure Rhode Island General Laws

Rhode Island General Laws

Title 44 - Taxation

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.