Bill Text: MS SB2414 | 2017 | Regular Session | Introduced
Bill Title: Sales tax; revise definition of terms "retailer," "retail sale" and "doing business" under.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-01-31 - Died In Committee [SB2414 Detail]
Download: Mississippi-2017-SB2414-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Finance
By: Senator(s) Fillingane
Senate Bill 2414
AN ACT TO AMEND SECTION 27-65-7, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF THE TERM "RETAILER" UNDER THE SALES TAX LAW TO INCLUDE A PERSON WHO FACILITATES THE SALE OF TANGIBLE PERSONAL PROPERTY THAT BELONGS TO A THIRD PARTY; TO REVISE THE DEFINITION OF THE TERM "RETAIL SALE" UNDER THE SALES TAX LAW TO INCLUDE A SALE MADE OR FACILITATED BY A PERSON REGULARLY ENGAGED IN THE SALE OR FACILITATION OF SALES OF TANGIBLE PERSONAL PROPERTY; TO AMEND SECTION 27-65-9, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF THE TERM "DOING BUSINESS" UNDER THE SALES TAX LAW TO INCLUDE ANY PERSON FACILITATING THE SALE OF TANGIBLE PERSONAL PROPERTY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 27-65-7, Mississippi Code of 1972, is amended as follows:
27-65-7. "Retailer" shall apply to a person making retail sales through vending machines, by maintaining a store, or operating as a transient vendor, or renting or leasing tangible personal property.
"Retailer" shall also include a person who facilitates the sale of tangible personal property that belongs to a third party.
"Retail sales" shall mean and include all sales of tangible personal property except those defined herein as wholesale and those made to a wholesaler, jobber, manufacturer or custom processor for resale or for further processing.
"Retail sale" shall include the value of any tangible personal property manufactured or purchased at wholesale which is withdrawn from the business or stock in trade and is used or consumed within this state in the business or by the owner or by any other person, whether or not in the regular course of business or trade.
"Retail sale" shall also include a sale invoiced to a retailer but delivered to another person who pays for the merchandise upon taking possession.
"Retail sale" shall also include a sale made or facilitated by a person regularly engaged in the sale or facilitation of sales of tangible personal property.
SECTION 2. Section 27-65-9, Mississippi Code of 1972, is amended as follows:
27-65-9. (1) "Business" shall mean and include all activities or acts engaged in (personal or corporate), for benefit or advantage, either direct or indirect, and not exempting subactivities in connection therewith. Each of such subactivities shall be considered business engaged in, taxable in the class in which it falls.
(2) "Business" shall include activities engaged in by exempt organizations or political entities in competition with privately owned business subject to the provisions of this chapter; however, the term "business" shall not include the following activities:
(a) Sales of prepaid student meal plans by public or private universities, colleges and community or junior colleges;
(b) Sales of prepared meals by any public or private school to students in Kindergarten through Grade 12; and
(c) Retail sales of prepared meals when:
(i) Sold on the campus of a public or private university, college or community or junior college in this state to a student enrolled at such university, college or community or junior college; and
(ii) Payment for the sale is made through the use of a prepaid declining balance account or similar instrument or account issued to such student by the university, college or community or junior college that may be used only to purchase prepared meals.
(3) "Business" shall include the activity or activities of a person in this state performing a service under contract or agreement with another person when the service performed is taxable under the provisions of this chapter.
(4) "Doing business" shall include any person owning personal property located in this state under lease or rental agreement or any person installing personal property within this state.
(5) "Doing business" shall include any person represented in this state by salesmen taking or soliciting orders to be filled from points outside this state for subsequent delivery of the merchandise in equipment owned or leased by the seller to customers located in this state.
(6) "Doing business" shall include any person facilitating the sale of tangible personal property.
SECTION 3. This act shall take effect and be in force from and after July 1, 2017.
