10-45-1. Definition of terms. Terms used in this chapter mean: (1)”Agricultural purposes,” the producing, raising, growing, or harvesting of food or fiber upon agricultural land, including dairy products, livestock, and crops. The services of custom harvesters, chemical applicators, fertilizer spreaders, hay grinders, and cultivators are considered agricultural purposes. The harvesting of timber on land within […]
10-45-1.1. Gross receipts not to include late charge fees. For purposes of the tax imposed by this chapter, gross receipts do not include any fees or other interest imposed by a retailer for late charges on overdue accounts, no account, or nonsufficient funds checks. Source: SL 2002, ch 64, §14.
10-45-1.10. Distinct and identifiable products–Exclusions. For the purposes of this chapter, the phrase, distinct and identifiable products, does not include: (1)Packaging, including containers, boxes, sacks, bags, bottles, wrapping, labels, tags, and instruction guides, that accompany the retail sale of the products and are incidental or immaterial to the retail sale; (2)A product provided free of […]
10-45-1.11. One nonitemized price–Exclusions. For the purposes of this chapter, the phrase, one nonitemized price, does not include a price that is separately identified by product on binding sales or other supporting sales-related documentation made available to the customer in paper or electronic form including an invoice, bill of sale, receipt, contract, service agreement, lease […]
10-45-1.12. Bundled transaction–Exclusions. For the purposes of this chapter, the term, bundled transaction, does not include: (1)A transaction that includes the retail sale of real property or services to real property; (2)A transaction that includes the retail sale of any products in which the gross receipts varies, or is negotiable, based on the selection by […]
10-45-1.13. De minimis defined. For the purposes of §10-45-1.12, the term, de minimis, means the retailer’s purchase price or gross receipts of the taxable products is ten percent or less of the total purchase price or gross receipts of the bundled products. A retailer shall use either the purchase price or the gross receipts of […]
10-45-1.14. Gross receipts defined. For the purposes of this chapter, the term, gross receipts, means the total amount or consideration, including cash, credit, property, and services, for which tangible personal property, any product transferred electronically, or services are sold, leased, or rented, valued in money, whether received in money or otherwise, without any deduction for […]
10-45-1.15. Conditions under which gross receipts include consideration retailer received from third parties. Gross receipts, as defined in §10-45-1.14, include consideration received by the retailer from third parties if: (1)The retailer actually receives consideration from a party other than the purchaser and the consideration is directly related to a price reduction or discount on the […]
10-45-1.16. Exclusions from definition of gross receipts. Gross receipts, as defined in §10-45-1.14, do not include: (1)Discounts, including cash, term, or coupons that are not reimbursed by a third party that are allowed by a retailer and taken by a purchaser on a sale; (2)Interest, financing, and carrying charges from credit extended on the sale […]
10-45-1.17. Telecommunications service defined. The term, telecommunications service, as used in this chapter, means the electronic transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points. The term, telecommunications service, includes such transmission, conveyance, or routing in which computer processing applications are […]
10-45-1.18. Definition of terms related to telecommunications service and ancillary services. Terms used in this chapter mean: (1)”Intrastate telecommunications service,” a telecommunications service that originates in one United States state or a United States territory or possession, and terminates in the same United States state or a United States territory or possession; (2)”Interstate telecommunications service,” […]
10-45-1.19. Gross receipts excludes tax imposed by certain chapters and sections. Notwithstanding any other provision of law, gross receipts as defined in this chapter do not include any tax imposed by this chapter and chapters 10-45D, 10-52, and 10-52A, and §§49-34A-45 and 49-34A-46 that is separately stated on the invoice, bill of sale, or similar […]
10-45-1.2. Gross receipts not to include refunded sale price of property. For purposes of the tax imposed by this chapter, the sale price of property returned by customers are not gross receipts if the full sale price thereof is refunded either in cash or by credit. Source: SL 2002, ch 64, §15.
10-45-1.3. Gross receipts not to include credit or trade-in value of certain personal property. For purposes of the tax imposed by this chapter, if any tangible personal property or any product transferred electronically is taken in trade or in a series of trades as a credit or part payment of a retail sale taxable under […]
10-45-1.4. Computation of tax to third decimal place. In computing the tax to be remitted under this chapter as the result of any transaction, the tax amount shall be carried to the third decimal place. Amounts of tax less than one-half of one cent shall be disregarded and amounts of tax of one-half cent or […]
10-45-1.5. Lease or rental defined–Exclusions. For the purposes of the tax imposed by this chapter, the term, lease or rental, means any transfer of possession or control of tangible personal property or any product transferred electronically for a fixed or indeterminate term for consideration. A lease or rental may include future options to purchase or […]
10-45-1.6. Exemption for gross receipts pursuant to contract requiring retailer to display products or signage–Exception. There are hereby exempted from the provisions of this chapter and the tax imposed by it, gross receipts received by a retailer from a manufacturer, wholesaler, or distributor pursuant to a written contract between the retailer and manufacturer, wholesaler, or […]
10-45-1.7. Certain nontaxable portions of bundled telecommunications transactions subject to tax. In the case of a bundled transaction that includes any of the following: telecommunications services, ancillary services, internet access, or audio or video programming services and the charges are attributable to retail sales that are taxable and retail sales that are nontaxable, the portion […]
10-45-1.8. Entire gross receipts from sale of bundled transactions subject to tax. Except for the provisions of §10-45-1.7, the tax imposed by this chapter applies to the entire gross receipts resulting from the sale of bundled transactions. Source: SL 2007, ch 58, §1.
10-45-1.9. Bundled transaction defined. For the purposes of this chapter, the term, bundled transaction, means the retail sale of two or more distinct and identifiable products sold for one nonitemized price. Source: SL 2007, ch 58, §2.
