reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 08 - Liability When Selling a Business and Transfer of Assessments › Section 35-4-01-08-104

Current through June 25, 2024
Exercising responsibility for fiscal management includes,
					 but is not limited to, any one of the following activities:
1. A significant involvement in the
				  day-to-day management of the business;
2. the authority to sign business checks or
				  tax returns;
3. the authority to
				  direct payment of business funds to creditors;
4. the authority to pledge business assets as
				  collateral for loans, advances, or lines of credit for the business;
5. the authority to bind the business to
				  contracts;
6. the authority to
				  hire or fire employees who are authorized to perform any act described in three
				  (3) through five (5) of this paragraph;
7. acting as a high ranking officer of the
				  corporation or LLC including, but not limited to, President, Vice-President,
				  Chief Executive Officer, Chief Financial Officer, Chief Operating Officer,
				  Chairman, Vice-Chairman, Director, Controller, Secretary and/or Treasurer;
8. ownership of more than fifty
				  percent (50%) interest in the corporation or LLC unless an operating agreement
				  exists at the time the tax liability is accrued specifying that the taxpayer is
				  not responsible for fiscal management; or
9. participating in decisions regarding the
				  purchase or sale of the business or the authority to participate in decisions
				  regarding the purchase or sale of the business.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 08 - Liability When Selling a Business and Transfer of Assessments › Section 35-4-01-08-105

Current through June 25, 2024
The Department must transfer the assessment from the
					 corporation or LLC to the person exercising fiscal management within thirty-six
					 (36) months of when the liability of the corporation or LLC becomes final. A
					 notice will be issued to the transferee, and once received the transferee will
					 have sixty (60) days in which to appeal the transfer of assessment. The
					 transfer is appealable on the issue of the ownership interest and fiscal
					 management requirements only.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 01 - Employee and Accommodation Sales › Section 35-4-02-01-100

Current through June 25, 2024
When a person engaged in the business of selling any
					 property or services taxable under the Sales Tax Law sells to his employees or
					 others at discount prices for reason of accommodation, such sales are taxable
					 retail sales.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 01 - Employee and Accommodation Sales › Section 35-4-02-01-101

Current through June 25, 2024
A sale of property which is delivered to and for which
					 collection is made from a person that will consume or use the property rather
					 than resell it, is a retail sales taxable to the person making delivery even
					 though the billing is to another dealer.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 02 - Prizes, Premiums, Gifts, Coupons, Rebates, Discounts, Buy Downs, and Trading Stamps › Section 35-4-02-02-101

Current through June 25, 2024
Miss. Code Ann. Section
					 27-65-3(h)
					 defines gross proceeds of sales to include amounts received by the seller from
					 a third party if:
1. The seller
				  actually receives consideration from someone other than the purchaser and the
				  consideration is directly related to a price reduction or discount on the
				  sale;
2. The seller is required to
				  pass the price reduction or discount on to the purchaser;
3. The amount of the consideration that is
				  attributable to the sale is fixed and determinable by the seller at the time of
				  the sale; and
4. One of the
				  following criteria is met:
a. The purchaser
				  presents a coupon, certificate or other documentation to the seller to claim
				  the price reduction or discount and the coupon, certificate or other
				  documentation is authorized, distributed or granted by a third party and the
				  third party will reimburse the seller;
b. The purchaser identifies himself or
				  herself as a member of a group or organization entitled to a price reduction or
				  discount (a preferred customer card available to any patron does not constitute
				  membership in such a group); or
c.
				  The price reduction or discount is identified as a third party price reduction
				  or discount on the invoices or receipt received by the purchaser or on a
				  coupon, certificate of other documentation presented by the
				  purchaser;
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 02 - Prizes, Premiums, Gifts, Coupons, Rebates, Discounts, Buy Downs, and Trading Stamps › Section 35-4-02-02-102

Current through June 25, 2024
Miss. Code Ann. Section
					 27-65-3
					 provides that gross proceeds of sales also includes the value of property
					 purchased at wholesale that is withdrawn or used by the business for use in the
					 business or for any other purpose by the business or
					 owner(s).
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 02 - Prizes, Premiums, Gifts, Coupons, Rebates, Discounts, Buy Downs, and Trading Stamps › Section 35-4-02-02-103

Current through June 25, 2024
Miss. Code Ann. Section
					 27-67-5
					 levies a use tax on the use, storage or consumption of tangible personal
					 property in this state
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 02 - Prizes, Premiums, Gifts, Coupons, Rebates, Discounts, Buy Downs, and Trading Stamps › Section 35-4-02-02-200 - Prizes, Gifts, or Premiums

Current through June 25, 2024
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 02 - Prizes, Premiums, Gifts, Coupons, Rebates, Discounts, Buy Downs, and Trading Stamps › Section 35-4-02-02-201

Current through June 25, 2024
Persons purchasing property or withdrawing property from
					 inventory to be given away, awarded as prizes in games and contests of chance
					 or skill or distributed for advertising purposes are regarded as the user or
					 consumer of the property and the regular retail sales or use tax
					 applies.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 02 - Prizes, Premiums, Gifts, Coupons, Rebates, Discounts, Buy Downs, and Trading Stamps › Section 35-4-02-02-202

Current through June 25, 2024
The purchase price of goods ordinarily bought for resale
					 but subsequently given away or used must be included in the gross sales of the
					 purchaser and the regular retail tax paid. The value of a gift received from an
					 out-of-state donor is subject to use tax.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 02 - Prizes, Premiums, Gifts, Coupons, Rebates, Discounts, Buy Downs, and Trading Stamps › Section 35-4-02-02-203

Current through June 25, 2024
When a person sells tangible personal property and
					 simultaneously includes other tangible personal property as a premium or gift
					 to the purchaser as a part of the same transaction, the selling price is deemed
					 to include all items to which title passes as the time of
					 sale.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 02 - Prizes, Premiums, Gifts, Coupons, Rebates, Discounts, Buy Downs, and Trading Stamps › Section 35-4-02-02-300 - Coupons, Rebates, Discounts, and Buy-Downs

Current through June 25, 2024
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 02 - Prizes, Premiums, Gifts, Coupons, Rebates, Discounts, Buy Downs, and Trading Stamps › Section 35-4-02-02-301

Current through June 25, 2024
Coupons that may be used at any store location and that are
					 reimbursed by the manufacturer of the merchandise are called manufacturer's
					 coupons. Merchandise purchased in whole or in part by manufacturer's coupons is
					 taxable on the full selling price because the amount of the discount is known,
					 the purchaser has taken an affirmative action to claim the discount and the
					 seller will be reimbursed by the manufacturer for the amount of the coupon.
					 Price reductions given through the use of seller's loyalty cards or preferred
					 customer discount cards are treated as manufacturer's coupon when the discount
					 is identified on the cash register tape as a manufacturer's discount and the
					 seller is reimbursed by a third party.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 02 - Prizes, Premiums, Gifts, Coupons, Rebates, Discounts, Buy Downs, and Trading Stamps › Section 35-4-02-02-302

Current through June 25, 2024
Coupons that can be used only at a particular seller, store
					 or chain of stores are called store coupons. Merchandise purchased in whole or
					 in part by store coupons is taxable on the selling price less any discount
					 allowed for the coupon because the seller is not reimbursed by any third party
					 for the amount of discount. Price reductions given through the use of seller's
					 loyalty cards or preferred customer discount cards are treated as store coupons
					 when the seller does not receive any reimbursement from a third
					 party.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 02 - Prizes, Premiums, Gifts, Coupons, Rebates, Discounts, Buy Downs, and Trading Stamps › Section 35-4-02-02-303

Current through June 25, 2024
A rebate given by the seller is considered to be a discount
					 deductible from the selling price when shown on the invoice and is exempt
					 because the seller is not reimbursed by any third party for the amount of the
					 rebate.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 02 - Prizes, Premiums, Gifts, Coupons, Rebates, Discounts, Buy Downs, and Trading Stamps › Section 35-4-02-02-304

Current through June 25, 2024
A rebate made directly by the manufacturer to the purchaser
					 or to the seller, or assigned to the seller by the purchaser is taxable as a
					 segment of the selling price because the amount of the rebate is known at the
					 time of the sale, the rebate is identified as a manufacturer's rebate on
					 documentation received by the purchaser and the rebate is directly related to
					 the sale.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 02 - Prizes, Premiums, Gifts, Coupons, Rebates, Discounts, Buy Downs, and Trading Stamps › Section 35-4-02-02-305

Current through June 25, 2024
Any discount offered by a seller to all members of a
					 particular group are taxable when the seller receives a reimbursement from a
					 third party and the members of the group are required to identify themselves as
					 a member of the group eligible for a discount.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 02 - Prizes, Premiums, Gifts, Coupons, Rebates, Discounts, Buy Downs, and Trading Stamps › Section 35-4-02-02-306

Current through June 25, 2024
Buy down programs are those programs where a manufacturer
					 enters into an agreement with a seller to provide the seller with a discount
					 for each qualifying sale or purchase of a particular product. The retailer
					 passes the discount through to the customer. The buy down received by the
					 seller is not taxable unless the customer presents some type of documentation
					 to the seller to claim the discount or the discount is identified as a third
					 party discount on the invoice received by the purchaser.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 02 - Prizes, Premiums, Gifts, Coupons, Rebates, Discounts, Buy Downs, and Trading Stamps › Section 35-4-02-02-401

Current through June 25, 2024
The transfer of property through the exchange or redemption
					 of coupons, trading stamps or other thing of value is a transaction in which
					 title of property passes and constitutes a taxable sale. The regular retail
					 rate of tax applies to the stated value of the stamps or coupons or the retail
					 value of the merchandise received, whichever is greater, regardless of whether
					 redeemed by the store originally issuing the stamps or by a merchandise
					 redemption center.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 02 - Prizes, Premiums, Gifts, Coupons, Rebates, Discounts, Buy Downs, and Trading Stamps › Section 35-4-02-02-402

Current through June 25, 2024
Trading stamp firms maintaining a redemption store in
					 Mississippi are not liable for sales tax on the cost of merchandise for resale.
					 Trading stamp firms distributing or selling trading stamp programs in this
					 State are liable for the regular retail rate of sales or use tax on the cost of
					 stamps, stamp books, catalogues, signs, stamp trays, and other supplies for use
					 in this State.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 02 - Prizes, Premiums, Gifts, Coupons, Rebates, Discounts, Buy Downs, and Trading Stamps › Section 35-4-02-02-403

Current through June 25, 2024
Trading stamps redeemed at points outside this State are
					 subject to use tax, and if the tax is not collected and paid by the
					 out-of-state redeemer, it accrues to the person in this State receiving the
					 property.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 02 - Prizes, Premiums, Gifts, Coupons, Rebates, Discounts, Buy Downs, and Trading Stamps › Section 35-4-02-02-500 - Prepaid Discount Voucher Programs

Current through June 25, 2024
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 02 - Prizes, Premiums, Gifts, Coupons, Rebates, Discounts, Buy Downs, and Trading Stamps › Section 35-4-02-02-501

Current through June 25, 2024
Prepaid discount voucher programs are programs in which
					 merchants advertise promotional deals and discounts through a third-party,
					 online marketing agent, such as Groupon and Living Social. The promotional
					 deals or discounts are offered as a voucher that the customer purchases for a
					 percentage, usually fifty percent (50%) or less, of its face value or the value
					 of the goods or services that may be redeemed with the voucher. The customer
					 can use the voucher like a gift card toward the purchase of goods or services
					 from the merchant. No tax is due on the sale of the voucher. The tax at the
					 regular retail rate must be collected by the merchant for the full sale price
					 of the goods or services, including the amount covered by the voucher, or on
					 the amount that would normally be charged for goods or services redeemed with
					 the voucher.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 03 - Mileage, Delivery Charges and Rebilled Expenses › Section 35-4-02-03-100

Current through June 25, 2024
Income received from travel, mileage or delivery charges
					 must be included in gross proceeds of sales or gross income when incurred in
					 connection with the sale of tangible personal property or in the performance of
					 taxable services by vendors doing business within this State. This includes any
					 charges made by the seller for delivery of property sold to the purchaser even
					 though such amounts are separately stated on the seller's invoice apart from
					 the sales price of the property.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 03 - Mileage, Delivery Charges and Rebilled Expenses › Section 35-4-02-03-101

Current through June 25, 2024
Purchases from or sales by out-of-state vendors of tangible
					 personal property are subject to use tax on the full purchase price, including
					 freight charges to the point of use within this State
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 03 - Mileage, Delivery Charges and Rebilled Expenses › Section 35-4-02-03-102

Current through June 25, 2024
Any business which performs a delivery service or which
					 incurs travel expenses recovers this expense through the charge for its goods
					 or services. Separately invoicing the customer with charges representing a
					 recovery of these expenses is in reality an allocation of the selling price to
					 this cost of operation and cannot be excluded from the measure of tax
					 imposed.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 03 - Mileage, Delivery Charges and Rebilled Expenses › Section 35-4-02-03-103

Current through June 25, 2024
Hotel expenses, meals, supplies, freight and other expenses
					 which are itemized by the seller and rebilled to the customer must be included
					 in gross proceeds of sales or gross income even though separately billed and
					 irrespective of the fact that such goods and services may have borne a retail
					 tax.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 04 - Finance Charges and Bad Debts › Section 35-4-02-04-100 - Finance Charges › Section 35-4-02-04-101

Current through June 25, 2024
Sales tax is levied on the gross proceeds of sales or
						gross income as the case may be, excluding charges on account of deferred
						payment by the purchaser, such as finance charges and late payment
						penalties
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 04 - Finance Charges and Bad Debts › Section 35-4-02-04-100 - Finance Charges › Section 35-4-02-04-102

Current through June 25, 2024
Bad check charges as provided for in Miss. Code Ann.
						Section
						97-19-57
						are also to be excluded from the gross proceeds of sales or gross income as the
						case may be.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 04 - Finance Charges and Bad Debts › Section 35-4-02-04-100 - Finance Charges › Section 35-4-02-04-104

Current through June 25, 2024
When credit sales are made and the credit is extended by
						a third party, no sales tax is due on the finance charges collected regardless
						when billed. This includes credit sales made using co-branded credit cards
						where the credit card carries a store or brand name but the credit is extended
						by a third party.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 04 - Finance Charges and Bad Debts › Section 35-4-02-04-100 - Finance Charges › Section 35-4-02-04-105

Current through June 25, 2024
When credit is extended by the retailer and the credit
						instrument or account receivable is later sold to a third party; no sales taxes
						are due on finance charges collected by the third party regardless when
						billed.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 04 - Finance Charges and Bad Debts › Section 35-4-02-04-200 - Bad Debts › Section 35-4-02-04-201

Current through June 25, 2024
Miss. Code Ann. Section
						27-65-33
						provides that any taxpayer reporting credit sales and paying the sales tax on
						such sales may take a credit on any subsequent return for bad debts actually
						charged off as uncollectible accounts. A taxpayer may not be allowed credit or
						refund for the sales tax associated with the uncollectible portion of a credit
						sale unless the taxpayer remitted the tax on the initial sales and also
						extended the credit used to finance the sale.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 04 - Finance Charges and Bad Debts › Section 35-4-02-04-200 - Bad Debts › Section 35-4-02-04-202

Current through June 25, 2024
If any amount that has been written off as bad debt and
						has been taken as a credit on a return is subsequently collected, the tax due
						on the collected amount must be paid on the next return
						filed.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 02 - Gross Income › Chapter 04 - Finance Charges and Bad Debts › Section 35-4-02-04-200 - Bad Debts › Section 35-4-02-04-203

Current through June 25, 2024
When credit is extended by a third party or when the
						credit instrument or account receivable is sold to a third party, neither the
						third party nor the retailer is eligible for a refund of sales tax associated
						with any bad debt charged off for uncollectible accounts.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 01 - Wholesale Sales › Section 35-4-03-01-100 - Definitions

Current through June 25, 2024
Wholesale sales are sales of tangible personal property
					 from a wholesaler, jobber or distributor, known to the trade as such, to
					 licensed retail merchants, jobbers, dealers, or other wholesalers for resale.
					 It does not include sales to users or consumers that are not for
					 resale.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 01 - Wholesale Sales › Rule 35-4-03-01-100

Current through June 25, 2024
Wholesale sales are sales of tangible personal property
					 from a wholesaler, jobber or distributor, known to the trade as such, to
					 licensed retail merchants, jobbers, dealers, or other wholesalers for resale.
					 It does not include sales to users or consumers that are not for
					 resale.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 01 - Wholesale Sales › Section 35-4-03-01-101 - Tax on wholesale sale

Current through June 25, 2024
"Wholesale sales" shall include:
1.
a. A
				  sale of tangible personal property taxable under Section
				  27-65-17
				  or 27-6525 for resale in the regular line of business, when made in good faith
				  to a retailer regularly selling or renting that property and when said dealer
				  is licensed under Section
				  27-65-27
				  if located in this State.
b. A sale
				  of a service taxable under Section
				  27-65-23
				  for resale in the regular line of business, when made to a regular dealer in
				  that service and when said dealer is licensed under Section
				  27-65-27
				  if located in this State, or a charge for custom processing rendered upon
				  merchandise for resale or rental by a dealer licensed under Section
				  27-65-27.
c. A sale of telecommunications services
				  taxable under Section
				  27-65-19 for
				  resale in the regular course of business, when made to a regular
				  telecommunications provider of the service and the provider is the holder of a
				  permit issued under Section
				  27-65-27
				  and is located in this state or is providing telecommunications services in
				  this state.
d. A sale of specified
				  digital product taxable under Section
				  27-65-26
				  for resale in the regular course of business, when made to a regular dealer of
				  specified digital products and the dealer is the holder of a permit issued
				  under Section 2765-27 and is located in this state.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 01 - Wholesale Sales › Rule 35-4-03-01-101 - Wholesale sales

Current through June 25, 2024
"Wholesale sales" shall include:
1.
a. A
				  sale of tangible personal property taxable under Section
				  27-65-17 for resale in the regular
				  line of business, when made in good faith to a retailer regularly selling or
				  renting that property and when said dealer is licensed under Section
				  27-65-27 if located in this
				  State.
b. A sale of a service
				  taxable under Section
				  27-65-23 for resale in the regular
				  line of business, when made to a regular dealer in that service and when said
				  dealer is licensed under Section
				  27-65-27 if located in this State,
				  or a charge for custom processing rendered upon merchandise for resale or
				  rental by a dealer licensed under Section
				  27-65-27.
c. A sale of telecommunications services
				  taxable under Section
				  27-65-19 for resale in the regular
				  course of business, when made to a regular telecommunications provider of the
				  service and the provider is the holder of a permit issued under Section
				  27-65-27 and is located in this
				  state or is providing telecommunications services in this state.
d. A sale of specified digital product
				  taxable under Section
				  27-65-26 for resale in the regular
				  course of business, when made to a regular dealer of specified digital products
				  and the dealer is the holder of a permit issued under Section 27- 65-27 and is
				  located in this state.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 01 - Wholesale Sales › Section 35-4-03-01-102 - Records

Current through June 25, 2024
"Wholesale sales" shall not include a transaction whereby
					 property is delivered to and collection for same is made from a person that
					 will consume the property rather than resell it even though the billing is to a
					 retailer. Provided, however, when a taxpayer sells merchandise and has paid a
					 rate equal to the retail rate of tax on the purchase price to a wholesaler, the
					 taxpayer may take credit for the tax paid to the wholesaler from the tax due on
					 the sale of the merchandise specifically included in his return to the
					 Commissioner.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 01 - Wholesale Sales › Rule 35-4-03-01-102 - Wholesale sales

Current through June 25, 2024
"Wholesale sales" shall not include a transaction whereby
					 property is delivered to and collection for same is made from a person that
					 will consume the property rather than resell it even though the billing is to a
					 retailer. Provided, however, when a taxpayer sells merchandise and has paid a
					 rate equal to the retail rate of tax on the purchase price to a wholesaler, the
					 taxpayer may take credit for the tax paid to the wholesaler from the tax due on
					 the sale of the merchandise specifically included in his return to the
					 Commissioner.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 01 - Wholesale Sales › Section 35-4-03-01-103 - Taxpayer's Discount

Current through June 25, 2024
Items that were purchased at wholesale but are withdrawn
					 from inventory for use of the business are subject to sales tax. This includes
					 any items that are purchased tax free for resale but are withdrawn from
					 inventory and used by the owner, employees or any other person instead of being
					 sold.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 01 - Wholesale Sales › Rule 35-4-03-01-103

Current through June 25, 2024
Items that were purchased at wholesale but are withdrawn
					 from inventory for use of the business are subject to sales tax. This includes
					 any items that are purchased tax free for resale but are withdrawn from
					 inventory and used by the owner, employees, or any other person instead of
					 being sold.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 01 - Wholesale Sales › Section 35-4-03-01-104 - Reserved

Current through June 25, 2024
Wholesale sales of medical cannabis may only be made to
					 licensed medical cannabis cultivators, medical cannabis processors, or medical
					 cannabis dispensaries. The purchaser must provide their sales tax number and
					 ten-digit license number as documentation of a valid wholesale
					 sale.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 01 - Wholesale Sales › Rule 35-4-03-01-104

Current through June 25, 2024
Wholesale sales of medical cannabis may only be made to
					 licensed medical cannabis cultivators, medical cannabis processors, or medical
					 cannabis dispensaries. The purchaser must provide their sales tax number and
					 ten-digit license number as documentation of a valid wholesale
					 sale.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 01 - Wholesale Sales › Section 35-4-03-01-200

Current through June 25, 2024
Tax on Certain Wholesale Sales:
1. Sales of beer and alcoholic beverages to a retailer for resale
				  at retail are subject to wholesale sales tax. The rate is the same as the
				  regular retail rate and the tax paid may be used as a credit against the
				  retailer's liability for retail sales tax.
2. Food and drink for human consumption is taxed at the 8%
				  wholesale rate of tax when the operator of a full-service vending machine
				  places the merchandise in the machine for sale (see Title 35, Mississippi
				  Administrative Code, Part IV, Subpart 4, Chapter 3.). All other sales at
				  wholesale are exempt from sales or use tax.
3. The wholesale tax is not subject to the 2% taxpayer discount
				  and shall not be included in the amount on which the discount is
				  taken
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 01 - Wholesale Sales › Rule 35-4-03-01-200 - Tax on Certain Wholesale Sales

Current through June 25, 2024
1. Food and drink
				  for human consumption is taxed at the 8% wholesale rate of tax when the
				  operator of a full-service vending machine places the merchandise in the
				  machine for sale (see Title 35, Mississippi Administrative Code, Part IV,
				  Subpart 4, Chapter 3.). All other sales at wholesale are exempt from sales or
				  use tax.
2. The wholesale tax is
				  not subject to the 2% taxpayer discount and shall not be included in the amount
				  on which the discount is taken.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 01 - Wholesale Sales › Section 35-4-03-01-300

Current through June 25, 2024
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 or not
				  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
				  Miss. Admin. Code 35.I.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. Wholesale dealers
				  and distributors of beer are further required to file detailed monthly reports
				  with the Commissioner. These reports must show the number of retailers issued
				  retail beer permits in legally wet counties.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 01 - Wholesale Sales › Rule 35-4-03-01-300

Current through June 25, 2024
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.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 02 - Isolated, Casual or Occasional Sales › Section 35-4-03-02-101

Current through June 25, 2024
Isolated or occasional sales, except sales of motor
					 vehicles, made by persons not regularly engaged in business are not subject to
					 sales tax. No sale, except a sale of a motor vehicle, is taxable under the
					 Sales Tax Law if it is not made in the regular course of the business of a
					 person selling tangible personal property.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 02 - Isolated, Casual or Occasional Sales › Section 35-4-03-02-102 - Motor vehicle

Current through June 25, 2024
"Motor vehicle" means a motor vehicle required to be
					 registered or licensed by County Tax Collectors pursuant to Section
					 27-19-43,
					 Mississippi Code of 1972. This includes private carriers of passengers, school
					 buses, church buses, taxicabs, ambulances, hearses, motorcycles, private
					 carriers of property, and private commercial carriers of property and drays of
					 a gross weight of 10,000 pounds or less.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 02 - Isolated, Casual or Occasional Sales › Section 35-4-03-02-103

Current through June 25, 2024
The purchase of a motor vehicle by a person, firm or
					 corporation from another person, firm or corporation, which is not a licensed
					 dealer engaged in selling motor vehicles, is taxable. The purchaser should pay
					 the sales or use tax to the County Tax Collector at the time the vehicle is
					 registered or licensed.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 02 - Isolated, Casual or Occasional Sales › Section 35-4-03-02-104

Current through June 25, 2024
All sales made by officers of a court, pursuant to court
					 orders, are occasional sales, with the exception of sales made by trustees,
					 receivers, assignees, and the like in connection with the liquidation or
					 conduct of a regularly established place of business. Examples of casual sales
					 are those made by sheriffs in foreclosure proceedings, sales of confiscated
					 property, and sales of tangible personal property, such as used equipment when
					 the sale represents the disposal of capital assets that the seller does not
					 offer for sale in his regular course of business. Example: Anyone selling his
					 old boat rather than trading it in on a new one.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 02 - Isolated, Casual or Occasional Sales › Section 35-4-03-02-105

Current through June 25, 2024
The bulk sale of an inventory of merchandise to a dealer
					 is exempt from sales tax. This exemption does not include the liquidation of a
					 business when the inventory is sold to the general public at sale or
					 auction.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 02 - Isolated, Casual or Occasional Sales › Section 35-4-03-02-106

Current through June 25, 2024
Mobile homes, vehicles (except motor vehicles as defined
					 above) or other personal property repossessed by a bank or finance company and
					 resold through the dealer who made the original sale will be regarded as a
					 casual sale and will not be subject to sales tax. All other sales of
					 repossessed property are subject to sales tax.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 02 - Isolated, Casual or Occasional Sales › Section 35-4-03-02-107

Current through June 25, 2024
Sales of personal property (except for motor vehicles as
					 defined above) through auctions, flea markets, antiques malls, or other similar
					 establishments, are not classified as isolated, casual or occasional
					 sales.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 02 - Isolated, Casual or Occasional Sales › Section 35-4-03-02-201

Current through June 25, 2024
Use tax will not be applicable to non-business personal
					 property acquired outside of this State under conditions where a similar
					 acquisition in this State would not be subject to sales tax. Business property
					 acquired in any manner and imported into this State for use in a business is
					 subject to use tax, with proper credit allowed for another state's
					 tax.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 03 - Leased Departments › Section 35-4-03-03-100

Current through June 25, 2024
When an established business leases a portion of its
					 shelves, counters or floor space to another business or person selling tangible
					 personal property or performing taxable services, the sales made by the leased
					 departments or the gross income received shall be reported and paid by the
					 lessor. A lessor not otherwise subject to the tax shall obtain a license on
					 behalf of the lessee.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 03 - Leased Departments › Section 35-4-03-03-101

Current through June 25, 2024
When the lessee conducts the leased department in the same
					 manner as a similar established business and gives evidence to the public of
					 conducting the department separately from the lessor's business, the lessee may
					 apply for a sales tax license and file sales tax returns, provided separate
					 records of the business are maintained. The lessor shall be secondarily liable
					 for the tax in instances where the lessee does not fulfill his tax obligations
					 under such license.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 05 - Interstate Commerce, Sales In › Section 35-4-03-05-101

Current through June 25, 2024
All sales made and taxable services performed from a
					 business location within the state or by a Mississippi dealer are presumed to
					 be taxable Mississippi sales unless and until the dealer can substantiate an
					 authorized claim for exemption. In the case of exemption by reason of delivery
					 of the goods outside the state to an out-of-state customer, the dealer is
					 required to establish that such delivery did, in fact, take place and that such
					 delivery was a condition precedent to consummation of the sale.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 05 - Interstate Commerce, Sales In › Section 35-4-03-05-102

Current through June 25, 2024
Sales and taxable repairs of tangible personal property
					 are exempt from the Mississippi sales tax levy when:
1. The seller is required by the sales
				  agreement to physically deliver the goods sold in the vendor's equipment from a
				  point in this state to a point outside this state, not to be returned to a
				  point within this state, and provided that such delivery is actually made, or
2. The seller is required by the
				  sales agreement to deliver the goods to a common carrier or to the United
				  States Post Office for transportation outside the state at the seller's
				  direction, or
3. The seller is
				  required by the sales agreement to deliver the goods outside the state by use
				  of an independent trucker.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 05 - Interstate Commerce, Sales In › Section 35-4-03-05-104

Current through June 25, 2024
When tangible personal property is purchased in
					 Mississippi for resale in another state by a dealer regularly engaged in
					 selling such property and such dealer holds a valid sales tax permit or its
					 equivalent for that state, the sale is exempt from tax.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 05 - Interstate Commerce, Sales In › Section 35-4-03-05-105

Current through June 25, 2024
Sales of automobiles, trucks, truck-tractors,
					 semi-trailers, trailers, boats, motorhomes (R.V.), travel trailers, motorcycles
					 and all-terrain cycles which are exported from this state within forty-eight
					 (48) hours and registered and first used in another state are exempt from sales
					 tax under Miss. Code Ann. Sections
					 27-65-101(1)(s)
					 and
					 27-65-111(i).
					 A properly executed Certificate of Interstate Sale must be maintained to
					 substantiate sales of boats, all-terrain cycles or other equipment not required
					 to be registered for highway use. A golf cart, regardless of whether it
					 receives aftermarket modifications, is not considered an all-terrain vehicle.
					 If the Certificate of Origin identifies the vehicle as a golf cart, it remains
					 a golf cart for tax purposes and would be taxable at the seven percent (7%)
					 regular rate of tax at the time of purchase, and would not be eligible for the
					 forty-eight (48) hours exemption.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 05 - Interstate Commerce, Sales In › Section 35-4-03-05-201

Current through June 25, 2024
Persons operating a place of business in this state as
					 well as one or more places of business outside this state are liable for sales
					 tax on all sales made by or delivered from the Mississippi business and are
					 liable for collection of use tax on all sales delivered in Mississippi by or
					 from their out-of-state businesses.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 05 - Interstate Commerce, Sales In › Section 35-4-03-05-202

Current through June 25, 2024
Persons who do not maintain a place of business in
					 Mississippi but who are represented in this state by salesmen who solicit or
					 accept orders for merchandise which is subsequently delivered in this state are
					 liable for collection of Mississippi use tax.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 05 - Interstate Commerce, Sales In › Section 35-4-03-05-203

Current through June 25, 2024
Merchandise shipped from a point of origin in Mississippi
					 which passes through another state before reaching a point of destination in
					 Mississippi is not considered as a sale made through channels of interstate
					 commerce and the receipts from the property sold are taxable.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 03 - Taxability › Chapter 05 - Interstate Commerce, Sales In › Section 35-4-03-05-301

Current through June 25, 2024
A drop shipment of merchandise is a shipment from a seller
					 directly to the retailer's Mississippi customer, at the direction of the
					 retailer. Generally, a retailer accepts an order from an end customer, places
					 this order with a third party seller, usually a manufacturer or wholesale
					 distributor, and directs the third party to ship the goods directly to the end
					 customer. This sequence of events results in two transactions: a) the sale by
					 the primary seller (i.e. distributor) to the retailer and b) the sale from the
					 retailer to the retailer's Mississippi customer.