Rhode Island Code of Regulations
Title 280 - Department of Revenue
Chapter 20 - Division of Taxation
Subchapter 70 - Sales and Use Tax
Part 46 - Computers and Related Systems (280-RICR-20-70-46)
Section 280-RICR-20-70-46.9 - Sourcing Transactions
Universal Citation: 280 RI Code of Rules 20 70 46.9
Current through September 18, 2024
A. Excluding the lease or rental of tangible personal property which is sourced in accordance with R.I. Gen. Laws § 44-18.1-11(B); the retail sale of a product shall be sourced in accordance with R.I. Gen. Laws § 44-18.1-11(A) as follows:
1. When the product is received
by the purchaser at a business location of the seller, the sale is sourced to
that business location.
2. When the
product is not received by the purchaser at a business location of the seller,
the sale is sourced to the location where receipt by the purchaser (or the
purchaser's donee, designated as such by the purchaser) occurs, including the
location indicated by instructions for delivery to the purchaser (or donee),
known to the seller.
3. When
§§
46.9(A)(1) and
(2) of this Part do not apply, the sale is
sourced to the location indicated by an address for the purchaser that is
available from the business records of the seller that are maintained in the
ordinary course of the seller's business when use of this address does not
constitute bad faith.
4. When
§§
46.9(A)(1),
(2), and (3) of this Part do not apply, the
sale is sourced to the location indicated by an address for the purchaser
obtained during the consummation of the sale, including the address of a
purchaser's payment instrument, if no other address is available, when use of
this address does not constitute bad faith.
5. When none of the previous rules of
§§
46.9(A)(1), (2),
(3), and (4) of this Part apply, including
the circumstance in which the seller is without sufficient information to apply
the previous rules, then the location will be determined by the address from
which tangible personal property was shipped, from which the digital good or
the computer software delivered electronically was first available for
transmission by the seller, or from which the service was provided
(disregarding for these purposes any location that merely provided the digital
transfer of the product sold).
B. For the purposes of R.I. Gen. Laws § 44-18.1-11(A), the terms "receive" and "receipt" mean:
1.
Taking possession of tangible personal property,
2. Making first use of services, or
3. Taking possession or making first use of
digital goods, whichever comes first. The terms "receive" and "receipt" do not
include possession by a shipping company on behalf of the purchaser.
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