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Volume 1 - Executive Summary - Office of the Chief Financial Officer

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SEC. 217. Section 103 <strong>of</strong> <strong>the</strong> District <strong>of</strong> Columbia Home Rule Act, approved December<br />

24, 1973 (87 Stat. 777; D.C. Official Code § 1-201.03), is amended by adding a new paragraph<br />

(16) to read as follows:<br />

“(16) The term “Attorney General” means <strong>the</strong> Attorney General for <strong>the</strong> District <strong>of</strong><br />

Columbia provided for by part C-I <strong>of</strong> title IV.”.<br />

SEC. 218. Section 602(a)(5) <strong>of</strong> <strong>the</strong> District <strong>of</strong> Columbia Home Rule Act, approved<br />

December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(a)(5)), is amended by striking <strong>the</strong><br />

phrase “<strong>of</strong> any individual not a resident <strong>of</strong> <strong>the</strong> District” and inserting <strong>the</strong> phrase “<strong>of</strong> any individual<br />

not a resident <strong>of</strong> <strong>the</strong> District, except pr<strong>of</strong>essional athletes,” in its place.<br />

SEC. 219. (a) Within 120 days <strong>of</strong> <strong>the</strong> effective date <strong>of</strong> this section, <strong>the</strong> District government<br />

shall require every remote-vendor not qualifying as an exempted vendor to collect and remit to <strong>the</strong><br />

District remote sales taxes on sales made via <strong>the</strong> internet to a purchaser in <strong>the</strong> District <strong>of</strong> Columbia;<br />

Provided, that <strong>the</strong> District government has established pursuant to local law:<br />

(1) A registry, with privacy and confidentiality controls so that it cannot be used for<br />

any purpose o<strong>the</strong>r than <strong>the</strong> administration <strong>of</strong> remote sales taxes, where each remote vendor, not<br />

qualifying as an exempted vendor, shall be required to register;<br />

(2) Appropriate protections for consumer privacy;<br />

(3) A means for a remote-vendor to determine <strong>the</strong> current District sales and use tax<br />

rate and taxability;<br />

(4)(A) A formula and procedure that permits a remote-vendor to deduct reasonable<br />

compensation for expenses incurred in <strong>the</strong> administration, collection, and remittance <strong>of</strong> remote<br />

sales taxes, o<strong>the</strong>r than remote sales taxes paid by <strong>the</strong> remote-vendor for goods or services<br />

purchased for its own consumption.<br />

(B) The compensation authorized by subparagraph (A) <strong>of</strong> this paragraph<br />

may be claimed by a third-party service provider that <strong>the</strong> remote-vendor has contracted with to<br />

perform <strong>the</strong> responsibilities related to <strong>the</strong> administration, collection, and remittance <strong>of</strong> remote<br />

sales taxes;<br />

(5) The date that <strong>the</strong> collection <strong>of</strong> remote sales taxes shall commence;<br />

(6) A small-vendor exemption, including a process for an exempted vendor to<br />

apply for a certificate <strong>of</strong> exemption;<br />

(7) Subject to subsection (c) <strong>of</strong> this section, <strong>the</strong> products and types <strong>of</strong> products that<br />

shall be exempt from <strong>the</strong> remote sales taxes;<br />

(8) Rules:<br />

(A) For accounting for bad debts and rounding;<br />

(B) That address refunds and credits for remote sales taxes relating to:<br />

(i) Customer returns;<br />

(ii) Restocking fees;<br />

(iii) Discounts; and<br />

(iv) Coupons;<br />

(C) For allocating shipping and handling and discounts that apply to<br />

multiple items;<br />

(D) Regarding notice and procedural requirements for registry enrollment<br />

by remote-vendors; and<br />

(E) That <strong>the</strong> Mayor determines are necessary or appropriate to fur<strong>the</strong>r <strong>the</strong><br />

purposes <strong>of</strong> this section; and<br />

(9) A plan to substantially reduce <strong>the</strong> administrative burdens associated with sales<br />

and use taxes, including remote sales taxes.<br />

26

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