Maine Statutes
§ 36 §1763 — Presumptions
The burden of proving that a transaction was not taxable is on the person charged with tax liability. The presumption that a sale was not for resale may be overcome during an audit or upon reconsideration if the seller proves that the purchaser was the holder of a currently valid resale certificate as provided in section 1754‑B at the time of the sale or proves through other means that the property purchased was purchased for resale by the purchaser in the ordinary course of business. Notwithstanding section 1752, subsection 11, paragraph B, if the seller satisfies the seller's burden of proof, the sale is not considered a retail sale.
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Legislative History
PL 2007, c. 693, §16 (AMD).
Nearby Sections
15
§ 36 §171
Demand letter§ 36 §173
Collection by warrant§ 36 §174
Collection by civil action§ 36 §175-A
Tax lien§ 36 §1751
Short title§ 36 §1752
Definitions§ 36 §1752-A
Residence§ 36 §1753
Tax is a levy on consumer§ 36 §1754
Registration of sellers§ 36 §1754-B
Registration of sellers§ 36 §1755
No registration unless tax paid§ 36 §1756
Voluntary registration