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SF 1064

as introduced - 88th Legislature (2013 - 2014) Posted on 03/31/2014 08:35am

KEY: stricken = removed, old language. underscored = added, new language.

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Current Version - as introduced

1.1A bill for an act
1.2relating to taxation; sales and use; modifying definition of retail sale relating
1.3to amusement devices;amending Minnesota Statutes 2012, section 297A.61,
1.4subdivision 4.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2012, section 297A.61, subdivision 4, is amended to read:
1.7    Subd. 4. Retail sale. (a) A "retail sale" means any sale, lease, or rental for any
1.8purpose, other than resale, sublease, or subrent of items by the purchaser in the normal
1.9course of business as defined in subdivision 21.
1.10    (b) A sale of property used by the owner only by leasing it to others or by holding it
1.11in an effort to lease it, and put to no use by the owner other than resale after the lease or
1.12effort to lease, is a sale of property for resale.
1.13    (c) A sale of master computer software that is purchased and used to make copies for
1.14sale or lease is a sale of property for resale.
1.15    (d) A sale of building materials, supplies, and equipment to owners, contractors,
1.16subcontractors, or builders for the erection of buildings or the alteration, repair, or
1.17improvement of real property is a retail sale in whatever quantity sold, whether the sale is
1.18for purposes of resale in the form of real property or otherwise.
1.19    (e) A sale of carpeting, linoleum, or similar floor covering to a person who provides
1.20for installation of the floor covering is a retail sale and not a sale for resale since a sale of
1.21floor covering which includes installation is a contract for the improvement of real property.
1.22    (f) A sale of shrubbery, plants, sod, trees, and similar items to a person who provides
1.23for installation of the items is a retail sale and not a sale for resale since a sale of
2.1shrubbery, plants, sod, trees, and similar items that includes installation is a contract for
2.2the improvement of real property.
2.3    (g) A sale of tangible personal property that is awarded as prizes is a retail sale and
2.4is not considered a sale of property for resale.
2.5    (h) A sale of tangible personal property utilized or employed in the furnishing or
2.6providing of services under subdivision 3, paragraph (g), clause (1), including, but not
2.7limited to, property given as promotional items, is a retail sale and is not considered a
2.8sale of property for resale.
2.9    (i) A sale of tangible personal property used in conducting lawful gambling under
2.10chapter 349 or the State Lottery under chapter 349A, including, but not limited to, property
2.11given as promotional items, is a retail sale and is not considered a sale of property for resale.
2.12    (j) Except as otherwise provided in this paragraph, a sale of machines, equipment,
2.13or devices that are used to furnish, provide, or dispense goods or services, including,
2.14but not limited to, coin-operated devices, is a retail sale and is not considered a sale of
2.15property for resale. A sale of coin-operated entertainment and amusement machines,
2.16including, but not limited to, fortune-telling machines, cranes, foosball and pool tables,
2.17video and pinball games, batting cages, rides, photo or video booths, and jukeboxes is a
2.18sale of property for resale.
2.19    (k) In the case of a lease, a retail sale occurs (1) when an obligation to make a lease
2.20payment becomes due under the terms of the agreement or the trade practices of the
2.21lessor or (2) in the case of a lease of a motor vehicle, as defined in section 297B.01,
2.22subdivision 11
, but excluding vehicles with a manufacturer's gross vehicle weight rating
2.23greater than 10,000 pounds and rentals of vehicles for not more than 28 days, at the time
2.24the lease is executed.
2.25    (l) In the case of a conditional sales contract, a retail sale occurs upon the transfer of
2.26title or possession of the tangible personal property.
2.27    (m) A sale of a bundled transaction in which one or more of the products included
2.28in the bundle is a taxable product is a retail sale, except that if one of the products
2.29is a telecommunication service, ancillary service, Internet access, or audio or video
2.30programming service, and the seller has maintained books and records identifying through
2.31reasonable and verifiable standards the portions of the price that are attributable to the
2.32distinct and separately identifiable products, then the products are not considered part of a
2.33bundled transaction. For purposes of this paragraph:
2.34    (1) the books and records maintained by the seller must be maintained in the regular
2.35course of business, and do not include books and records created and maintained by the
2.36seller primarily for tax purposes;
3.1    (2) books and records maintained in the regular course of business include, but are
3.2not limited to, financial statements, general ledgers, invoicing and billing systems and
3.3reports, and reports for regulatory tariffs and other regulatory matters; and
3.4    (3) books and records are maintained primarily for tax purposes when the books
3.5and records identify taxable and nontaxable portions of the price, but the seller maintains
3.6other books and records that identify different prices attributable to the distinct products
3.7included in the same bundled transaction.
3.8EFFECTIVE DATE.This section is effective for sales and purchases made after
3.9June 30, 2013.

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