2021 -- H 5214 SUBSTITUTE A | |
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LC000622/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2021 | |
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A N A C T | |
RELATING TO TAXATION -- SALES AND USE TAXES -- ENFORCEMENT AND | |
COLLECTION | |
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Introduced By: Representatives Phillips, Caldwell, Serpa, Hawkins, and S Lima | |
Date Introduced: January 27, 2021 | |
Referred To: House Finance | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 44-19-1 and 44-19-2 of the General Laws in Chapter 44-19 entitled |
2 | "Sales and Use Taxes - Enforcement and Collection" are hereby amended to read as follows: |
3 | 44-19-1. Annual permit required – Retail business subject to sales tax – Promotion of |
4 | shows – Revocation of show permit. |
5 | (a)(1) Every person desiring to engage in or conduct within this state a business of making |
6 | sales at retail, or engage in a business of renting living quarters in any hotel, rooming house, or |
7 | tourist camp, the gross receipts from which sales or rental charges are required to be included in |
8 | the measure of the tax imposed under chapter 18 of this title, shall file with the tax administrator |
9 | an application for a permit for each place of business. The application shall be in a form, include |
10 | information, and bear any signatures that the tax administrator may require. At the time of making |
11 | an application, the applicant shall pay to the tax administrator a permit fee of ten dollars ($10.00) |
12 | for each permit. There shall be no fee for this permit. Every permit issued under this chapter expires |
13 | on June 30 of each year at the times prescribed by the tax administrator. |
14 | (2) Every permit holder shall annually, on or before February 1 on forms prescribed and at |
15 | the times prescribed by the tax administrator of each year, renew its permit by filing an application |
16 | for renewal along with a ten dollars ($10.00) renewal fee. The renewal permit is valid for the period |
17 | July 1 of that calendar year through June 30 of the subsequent calendar year unless otherwise |
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1 | canceled, suspended or revoked. All fees received under this section are allocated to the tax |
2 | administrator for enforcement and collection of all taxes. |
3 | (b)(1) Every promoter of a show shall, at least ten (10) days prior to the opening of each |
4 | show, file with the tax administrator a notice stating the location and dates of the show, in a form |
5 | prescribed by the tax administrator. |
6 | (2) The tax administrator shall, within five (5) days after the receipt of that notice, issue to |
7 | the promoter, without charge, a permit to operate the show, unless the provisions of subdivision (5) |
8 | of this subsection have been applied to the promoter. No promoter may operate a show without |
9 | obtaining the permit. The permit shall be prominently displayed at the main entrance of the show. |
10 | (3) Any promoter who is a retailer shall comply with all of the provisions of this chapter |
11 | and chapter 18 relating to retailers, in addition to all of the provisions of this chapter relating to |
12 | promoters. |
13 | (4) A promoter may not permit any person to display or sell tangible personal property, |
14 | services, or food and drink at a show unless that person is registered under subsection (a) of this |
15 | section and displays his or her permit in accordance with the provisions of subsection (a) of this |
16 | section. |
17 | (5) Any promoter who permits any person to display or sell tangible personal property, |
18 | services, or food and drink at a show who is not registered, or does not display a permit, or fails to |
19 | keep a record or file a monthly report of the name, address and permit number of every person |
20 | whom the promoter permitted to sell or display tangible personal property, services, or food and |
21 | drink at a show, is subject to revocation of all existing permits issued pursuant to this section to |
22 | operate a show, and to the denial of a permit to operate any show for a period of not more than two |
23 | (2) years, in addition to the provisions of § 44-19-31. |
24 | 44-19-2. Issuance of permit – Assignment prohibited – Display – Fee for renewal after |
25 | suspension or revocation. |
26 | Upon receipt of the required application and permit fee, the tax administrator shall issue to |
27 | the applicant a separate permit for each place of business within the state. If the applicant, at the |
28 | time of making the application, owes any tax, penalty, or interest imposed under chapters 18 and |
29 | 19 of this title, then before a permit is issued the applicant shall pay the amount owed. A permit is |
30 | not assignable and is valid only for the person in whose name it is issued and for the transaction of |
31 | business at the place designated in the permit. The permit shall at all times be conspicuously |
32 | displayed at the place for which issued. A retailer whose permit has been previously suspended or |
33 | revoked shall pay to the tax administrator a fee of ten dollars ($10.00) for the renewal or issuance |
34 | of a permit. |
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1 | SECTION 2. This act shall take effect on July 1, 2021. |
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LC000622/SUB A | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO TAXATION -- SALES AND USE TAXES -- ENFORCEMENT AND | |
COLLECTION | |
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1 | This act would eliminate the ten dollar ($10.00) fee requirement for the sales tax permit. |
2 | This act would take effect on July 1, 2021. |
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