Changes to Existing Law

Exemption certificate--Timing--Alternative Information. Notwithstanding the provisions of §§ 10-45-61, 10-59-3, and 10-59-7, if the seller has not obtained an exemption certificate or all relevant data elements for an exemption certificates certificate, the seller may, within one hundred twenty days subsequent to a request for substantiation, either prove that the transaction was not subject to tax by other means or obtain a by the Department of Revenue, do either of the following: (1) Obtain a fully completed exemption certificate from the purchaser, taken in good faith which means that the seller obtained a certificate that claims an exemption that: (a) Was statutorily available on the date of the transaction in the jurisdiction where the transaction is sourced; (b) May be applicable to the item being purchased; and (c) Is reasonable for the purchaser's type of business; or (2) Obtain other information establishing that the transaction was not subject to the tax. Any exemption certificate presented after one hundred twenty days need not be considered by the department. 20