35 Miss. Code R. § 4-03-01-300

Current through June 25, 2024
Rule 35-4-03-01-300

Document Retention to Substantiate Wholesale Sales:

1. The quantity of property or services sold or the price at which they are sold is immaterial in determining whether a sale is at wholesale. Sales may be classed as wholesale, or exempt, only if evidenced by proper and adequate records and invoices to substantiate the exemption from the tax on each individual sale.
2. The substantiation of wholesale or exempt sales must be by an invoice clearly indicating the date, the name and address of the vendor and vendee, the items sold and the price. Vendors making wholesale sales to customers who are issued a permit under Miss. Code Ann. Section 27-65-27 or have a letter ruling indicating an exemption must maintain a copy of the permit or letter ruling for these customers. Such proof of wholesale or exempt sales shall be filed in chronological order and preserved for a period of three (3) years from the date of sale. These records shall be subject to inspection by the Commissioner and his agents, at their discretion, for the verification of returns filed by either the wholesaler or his customers. This requirement shall apply equally to a retailer making wholesale or exempt sales. Please see Title 35, Mississippi Administrative Code, Part I, Chapter 02, Taxpayer Records and Document Retention for general document retention requirements imposed on all taxpayers.
3. Any failure to comply with all the above requirements shall subject the violator to the retail rate of tax on all such violations.
4. Wholesalers and distributors of light wines, light spirit products or beer are further required to file detailed monthly reports of all sales of such light wines, light spirit products or beer with the Commissioner.

35 Miss. Code. R. § 4-03-01-300

Adopted 6/16/2022
Amended 12/7/2023