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Statutes Text

Article - Tax - General




§11–701.

    (a)    In this subtitle the following words have the meanings indicated.

    (b)    (1)    “Engage in the business of an out–of–state vendor” means to sell or deliver tangible personal property or a taxable service for use in the State or a digital product or digital code to a customer tax address in the State.

        (2)    “Engage in the business of an out–of–state vendor” includes:

            (i)    permanently or temporarily maintaining, occupying, or using any office, sales or sample room, or distribution, storage, warehouse, or other place for the sale of tangible personal property, a digital code, a digital product, or a taxable service directly or indirectly through an agent or subsidiary;

            (ii)    having an agent, canvasser, representative, salesman, or solicitor operating in the State for the purpose of delivering, selling, or taking orders for tangible personal property, a digital code, a digital product, or a taxable service; or

            (iii)    entering the State on a regular basis to provide service or repair for tangible personal property or a digital product.

    (c)    (1)    “Engage in the business of a retail vendor” means to sell or deliver tangible personal property, a digital code, a digital product, or a taxable service in the State.

        (2)    “Engage in the business of a retail vendor” includes liquidating a business that sells tangible personal property, a digital code, a digital product, or a taxable service, when the liquidator holds out to the public that the business is conducted by the liquidator.

    (d)    (1)    “License” means a license issued by the Comptroller:

            (i)    to engage in the business of an out–of–state vendor;

            (ii)    to engage in the business of a retail vendor; or

            (iii)    to engage in the business of a marketplace facilitator.

        (2)    “License” includes a special license issued under § 11–707 of this subtitle.



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