423.19 - DIRECT MAIL SOURCING.

        423.19  DIRECT MAIL SOURCING.         1.  Notwithstanding section 423.15, a purchaser of direct mail      that is not a holder of a direct pay tax permit pursuant to section      423.36 shall provide to the seller in conjunction with the purchase      either a direct mail form or information to show the jurisdictions to      which the direct mail is delivered to recipients.         a.  Upon receipt of the direct mail form, the seller is      relieved of all obligations to collect, pay, or remit the applicable      tax and the purchaser is obligated to pay or remit the applicable tax      on a direct pay basis.  A direct mail form shall remain in effect for      all future sales of direct mail by the seller to the purchaser until      it is revoked in writing.         b.  Upon receipt of information from the purchaser showing the      jurisdictions to which the direct mail is delivered to recipients,      the seller shall collect the tax according to the delivery      information provided by the purchaser.  In the absence of bad faith,      the seller is relieved of any further obligation to collect tax on      any transaction where the seller has collected tax pursuant to the      delivery information provided by the purchaser.         2.  If the purchaser of direct mail does not have a direct pay tax      permit and does not provide the seller with either a direct mail form      or delivery information, as required by subsection 1, the seller      shall collect the tax according to section 423.15, subsection 1,      paragraph "e".  Nothing in this subsection shall limit a      purchaser's obligation for sales or use tax to any state to which the      direct mail is delivered.         3.  If a purchaser of direct mail provides the seller with      documentation of direct pay authority, the purchaser shall not be      required to provide a direct mail form or delivery information to the      seller.  
         Section History: Recent Form
         2003 Acts, 1st Ex, ch 2, §112, 205         Referred to in § 423.16, 423.57