LD 1410
pg. 1
LD 1410 Title Page An Act Clarifying the Tax Treatment of Prepaid Calling Arrangements Page 2 of 2
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LR 2646
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 36 MRSA §1752, sub-§7-D is enacted to read:

 
7-D.__Prepaid calling arrangement.__"Prepaid calling
arrangement" means the purchase exclusively of telecommunications
services that must be paid for in advance and that enables the
origination of calls using an access number or authorization
code, whether manually or electronically dialed.__The sale of
these services or of additional services is deemed a sale within
the State if the transfer for consideration takes place at the
vendor's place of business in the State.__If the sale of a
prepaid telephone calling arrangement or of additional services
does not take place at the vendor's place of business, the sale
must be conclusively determined to take place at the customer's
shipping address or, if there is no item shipped, at the
customer's billing address or the location associated with the
customer's mobile telephone number.__The sale of these services
is deemed to occur on the date of transfer for consideration of
these services.

 
Sec. 2. 36 MRSA §1752, sub-§17-A, ¶G, as amended by PL 1993, c. 701,
§4, is further amended to read:

 
G. Rental of video tapes and video equipment; and

 
Sec. 3. 36 MRSA §1752, sub-§17-A, ¶H, as amended by PL 1995, c. 281,
§14 and affected by §42, is further amended to read:

 
H. Rental or lease of an automobile.; and

 
Sec. 4. 36 MRSA §1752, sub-§17-A, ¶I is enacted to read:

 
I.__Prepaid calling arrangement.

 
Sec. 5. 36 MRSA §1752, sub-§18-A, as amended by PL 1997, c. 668, §22,
is further amended to read:

 
18-A. Telephone or telegraph service. "Telephone or telegraph
service" means all telecommunications or telegraph service,
including installation or use of telecommunication or telegraphic
equipment, but not including telecommunications or telegraph
service originating or terminating outside this State.
"Telecommunications or telegraphic equipment" means any 2-way
interactive communications device, system or process for
transmitting or receiving signals and capable of exchanging
audio, database or textual information. "Telecommunications
service" does not include access services provided by a local
exchange carrier to an interstate or intrastate interexchange
carrier. "Telephone or telegraph service" does not include


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