WILLIAM DONALD SCHAEFER, Governor                            Ch. 1

11-408.

(b) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, THE duty of a vendor to collect the sales and use tax from a buyer is
waived if the buyer provides the vendor with a signed resale certificate that:

(i) is in the form that the Comptroller requires by regulation;

(ii) states the name, address, and registration certificate number of the
buyer; and

(iii) contains a statement to the effect that the tangible personal
property or taxable service is bought for the purpose of resale.

(2)     A vendor may not accept a resale certificate:

(I)     FOR A CASH, CHECK, OR CREDIT CARD SALE IF THE
TAXABLE PRICE IS LESS THAN $500; OR

(II)    if the vendor knows or should know that the sale is not for the
purpose of resale.

(3)     A vendor shall obtain a resale certificate from a buyer:

(i) before the sale is consummated; or

(ii) if the vendor receives a notice of the Comptroller's intent to assess
sales and use tax for failure to obtain a proper resale certificate, within 60 days after the
date on which the notice is mailed.

(4)     If the vendor fails to obtain the resale certificate as required, the
Comptroller's assessment under paragraph (3)(ii) of this subsection is final.

(C) IF THE TAXABLE PRICE IS LESS THAN $500 FOR A CASH, CHECK,
OR CREDIT CARD SALE OR SALE FOR USE THAT IS NOT A RETAIL SALE:

(1)     THE SALES AND USE TAX SHALL BE PAID WHEN THE SALE IS
MADE OR WHEN THE USE BECOMES TAXABLE; AND

(2)     THE BUYER WHO PAYS THE SALES AND USE TAX MAY FILE
A CLAIM FOR A REFUND WITH THE COMPTROLLER.

11-501.

(a) A buyer who fails to pay the sales and use tax on a purchase or use subject to
the tax to the vendor as required in § 11-403 of this title or who is required by regulation
to file a return for a purchase or use subject to the tax shall complete and file with the
Comptroller a sales and use tax return:

(1) on or before the [21st] 15TH day of the month that follows the month
in which the buyer makes that purchase or use; and

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