§ 44-19-39 - Exclusion of certain small sales.
SECTION 44-19-39
§ 44-19-39 Exclusion of certain smallsales. – (a) Notwithstanding any of the provisions of chapters 18 and 19 of this title,any retailer who can establish to the satisfaction of the tax administratorthat sixty percent (60%) or more of his or her receipts from the sale ofnonexempt tangible personal property arise from individual transactions wherethe total sales price is less than the minimum amount on which the retailer cancollect the tax in accordance with the brackets prescribed in § 44-18-19may exclude the receipts from those sales when reporting and paying the taximposed by this chapter. No retailer shall avail himself or herself of thisprovision without prior written approval of the tax administrator. The taxadministrator shall grant that approval when the administrator is satisfiedthat the retailer qualifies on the basis stated in this section and when theretailer has submitted satisfactory evidence that the retailer can and willmaintain records adequate to substantiate the exclusion authorized by thissection. Any attempt on the part of any retailer to exercise this provisionwithout prior written approval of the tax administrator is deemed to be afailure to pay the tax and the retailer is subject to assessment for taxes onthose sales plus penalties and interest as provided for in this chapter.
(b) Regardless of the provisions contained in subsection (a)of this section, any retailer must have the permit and file the returnsprescribed by this chapter even though the entire receipts of that retailerfrom the sale of tangible personal property consist of excludable receipts.