New Hampshire RSA — Title V (Taxation)
RSA 82-A:4-e
Special Rules for Prepaid Wireless Telecommunications Service. –
I. A tax is imposed on each retail transaction in this state of intrastate and interstate communications services that are prepaid wireless telecommunications services. The tax shall be imposed on the gross charge at the rate specified in RSA 82-A:3 and 82-A:4.
II. For purposes of paragraph I, a retail transaction is sourced to New Hampshire:
# (a)
If the retail transaction occurs in person at a seller's location in New Hampshire; or
# (b)
If subparagraph (a) does not apply, the prepaid wireless telecommunications service is evidenced by a physical item, such as a card, and the purchaser provides a New Hampshire delivery address for such item; or
# (c)
If subparagraphs (a) and (b) do not apply, the consumer gives a New Hampshire address during the consummation of the sale, including the address associated with the consumer's payment instrument if no other address is available, and the address is not given in bad faith; or
# (d)
If subparagraphs (a)-(c) do not apply, the consumer's mobile telephone number is associated with a postal zip code, telephone area code, or location within New Hampshire.
III. The tax imposed by this section shall be collected by the seller from the consumer with respect to each retail transaction sourced to New Hampshire, in accordance with RSA 82-A:6; provided, however, the amount of the tax shall be either separately stated on an invoice, receipt, or other similar document that is provided by the seller to the consumer, or otherwise disclosed to the consumer.
IV. If prepaid wireless telecommunications service is sold with one or more other products or services for a single, non-itemized charge, then the tax shall apply to the entire non-itemized charge except as provided in RSA 82-A:2, V(e).
V. If a minimal amount of prepaid wireless telecommunications service is sold with a prepaid wireless device for a single, non-itemized charge, then the seller may elect not to apply the tax to such transaction. For purposes of this subparagraph, an amount of service denominated as 10 minutes or less, or $5 or less, is minimal.
VI. The seller shall be liable to remit all taxes required by this section that are collected from consumers, including all such taxes that the seller is deemed to collect where the amount of the tax has not been separately stated on an invoice, receipt, or other similar document provided by the seller to the consumer, in accordance with RSA 82-A:7.
VII. The prepaid commercial mobile radio service E911 surcharge imposed under RSA 106-H:9, I-a shall not be subject to the tax imposed by this section.
Source: view the official text
In this chapter (24 sections)
- 82-A:1 · Statement of Purpose. –
- 82-A:2 · Definitions. –
- 82-A:3 · Imposition of Tax; Intrastate Communications Services. –
- 82-A:4 · Imposition of Tax; Interstate Communications Services. –
- 82-A:4-a · Computation of Tax; Coin-Operated Telephone Service. –
- 82-A:4-b · Special Rules for Mobile Telecommunications Services. –
- 82-A:4-c · Special Rules for Private Communications Services. –
- 82-A:4-d · Special Rules for VoIP Services. –
- 82-A:4-e · Special Rules for Prepaid Wireless Telecommunications…
- 82-A:5 · Repealed by 2007, 263:79, eff. July 1, 2007. –
- 82-A:6 · Collection of Tax. –
- 82-A:7 · Tax Returns by Retailer; Estimated Payments and Extensions. –
- 82-A:8 · Tax Returns by Taxpayer. –
- 82-A:9 · Resale Number. –
- 82-A:10 · Repealed by 1991, 163:43, XXXIV, eff. May 27, 1991. –
- 82-A:11 · Books, Records, Papers and Other Documents. –
- 82-A:11-a · Examinations of Telephone Company Records; Enhanced 911…
- 82-A:12 · Repealed by 1991, 163:43, XXXV, eff. May 27, 1991. –
- 82-A:13 · Repealed by 1991, 163:43, XXXVI, eff. May 27, 1991. –
- 82-A:14 · Tax Sales. –
- 82-A:15 · Administration; Rulemaking; Proceedings. –
- 82-A:16 · Repealed by 1991, 163:43, XXXVIII, eff. May 27, 1991. –
- 82-A:16-a · Confidentiality of Records. –
- 82-A:17 · Severability. –