Section 323 Clause Samples

Section 323. CAPS AND THRESHOLDS 13 A. No member state may have caps or thresholds on the application of state sales or use tax 14 rates or exemptions that are based on the value of the transaction or item or have caps 15 that are based on the application of the rates unless the member state assumes the 16 administrative responsibility in a manner that places no additional burden on the retailer. 17 B. No member state that has local jurisdictions that levy a sales or use tax may place caps or 18 thresholds on the application of local rates or use tax rates or exemptions that are based 19 on the value of the transaction or item. 20 C. The provisions of this section do not apply to sales or use taxes levied on the retail sale or 21 transfer of motor vehicles, aircraft, watercraft, modular homes, manufactured homes, or

Section 323. CAPS AND THRESHOLDS 14 A. Each member state shall: 15 1. 16 17 18 2. 19 20 21 B. 22 23 24 25 C. 26 27 28 29 Not have caps or thresholds on the application of state sales or use tax rates or exemptions that are based on the value of the transaction or item after December 31, 2005. A member state may continue to have caps and thresholds until that date. Not have caps that are based on the application of the rates unless the member state assumes the administrative responsibility in a manner that places no additional burden on the retailer. Each member state that has local jurisdictions that levy a sales or use tax shall not place caps or thresholds on the application of local rates or use tax rates or exemptions that are based on the value of the transaction or item after December 31, 2005. A member state may continue to have caps and thresholds until that date. The provisions of this section do not apply to sales or use taxes levied on the retail sale or transfer of motor vehicles, aircraft, watercraft, modular homes, manufactured homes, or mobile homes or to instances where the burden of administration has been shifted from the retailer.