Minn. R. agency 181, ch. 8130, GENERAL PROVISIONS, pt. 8130.0110

Current through Register Vol. 49, No. 20, November 12, 2024

Part 8130.0110 - SCOPE AND INTERPRETATION

Subpart 1.Application of chapter.

Terms not specifically defined in the Sales and Use Tax Law or this chapter will be given the meanings ascribed to them in accordance with legal, accounting, business, or common usage. Unless otherwise specifically noted, this chapter is limited to interpreting the sales and use tax laws in Minnesota Statutes, chapter 297A, and laws related to the administration of the sales and use tax laws.

Subp. 2.Sales.

Certain transactions defined in this chapter constitute sales. All sales of tangible personal property are deemed to be retail sales unless made to purchasers who intend to resell the property to others in the normal course of business as defined in Minnesota Statutes, section 297A.61, subdivision 21. The tax required to be collected by sellers on behalf of the commissioner is based upon the gross receipts from sales not specifically exempt. "Gross receipts" are defined in part 8130.1800.

Subp. 3.Use tax situations.

The use tax complements the sales tax and basically applies to the following situations:

A. property to be used in Minnesota purchased outside this state in a transaction that otherwise would have been a taxable sale if it had occurred in Minnesota;

B. property purchased for resale or other nontaxable use and used by the purchaser for a taxable purpose; and

C. property purchased from a Minnesota vendor on which no sales tax was paid.

Subp. 4. [Repealed, L 2005 c 151 art 7 s 23]

Minn. R. agency 181, ch. 8130, GENERAL PROVISIONS, pt. 8130.0110

L 2005 c 151 art 1 s 114; art 7 s 23; 31 SR 449

Statutory Authority: MS s 14.388; 270C.06; 297A.29