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Session Laws, 1988
Volume 770, Page 477   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 2

(B) RETENTION AND EXAMINATION.
A WHOLESALER SHALL:

(1)  KEEP THE RECORDS REQUIRED UNDER SUBSECTION (A) OF
THIS SECTION FOR A PERIOD OF 6 YEARS OR FOR A SHORTER PERIOD THAT
THE COMPTROLLER AUTHORIZES; AND

(2)  ALLOW THE COMPTROLLER TO EXAMINE THE RECORDS.

REVISOR'S NOTE: This section is new language derived
without substantive change from the fifth sentence and
items (5) and (6) of the fourth sentence of former
Art. 81, § 449, the first sentence and the first
clause of the second sentence of § 450, and the first
clause of the second sentence of § 451.

In subsections (a) and (b) of this section, the
defined term "wholesaler" is substituted for the
former references to "[e]very distributor", "[e]ach
distributor", and "[a]ny distributor in the State of
Maryland", for clarity. For a discussion of the
substitution of the word "wholesaler" for a former
reference to a "distributor", see the General
Revisor's Note to Subtitle 1 of this title.

In subsection (a)(3) of this section, the reference to
a sale "for resale outside of the State" is
substituted for the former references to a sale to an
"out-of-state wholesaler or retailer for resale by
such person to out-of-state consumers", for clarity
and brevity.

Subsection (b)(1) of this section is revised so that
the Comptroller may authorize . a shorter period of
retention for records kept in accordance with
subsection (a)(3) -- as well as subsection (a)(1) and
(2) of this section -- since there seemed to be no
reason for a distinction as to those records.
Similarly, subsection (b)(2) of this section is
revised to allow examination of those records.

Former Art. 81, § 449, as it related to records of
licensed wholesalers and licensed subwholesalers and
record retention, now appears in Art. 56, § 626.

Former Art. 81, § 454, which related to records of a
common carrier, now appears in Art. 56, § 625.

Defined terms: "Cigarette" § 12-101
"Comptroller" § 1-101 "Sell" § 12-101
"Tax stamp" § 12-101 "Wholesaler" § 12-201

SUBTITLE 3. TAX PAYMENT.

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Session Laws, 1988
Volume 770, Page 477   View pdf image
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