§ 44-18-12 - "Sale price" defined.
SECTION 44-18-12
§ 44-18-12 "Sale price" defined. –(a) "Sales price" applies to the measure subject to sales tax and means thetotal amount of consideration, including cash, credit, property, and services,for which personal property or services are sold, leased, or rented, valued inmoney, whether received in money or otherwise, without any deduction for thefollowing:
(i) The seller's cost of the property sold;
(ii) The cost of materials used, labor or service cost,interest, losses, all costs of transportation to the seller, all taxes imposedon the seller, and any other expense of the seller;
(iii) Charges by the seller for any services necessary tocomplete the sale, other than delivery and installation charges;
(iv) Delivery charges, as defined in § 44-18-7.1(i); or
(v) Credit for any trade-in, as determined by state law.
(b) "Sales price" shall not include:
(i) Discounts, including cash, term, or coupons that are notreimbursed by a third party that are allowed by a seller and taken by apurchaser on a sale;
(ii) The amount charged for labor or services rendered ininstalling or applying the property sold when the charge is separately statedby the retailer to the purchaser; provided that in transactions subject to theprovisions of this chapter the retailer shall separately state such charge whenrequested by the purchaser and, further, the failure to separately state suchcharge when requested may be restrained in the same manner as other unlawfulacts or practices prescribed in chapter 13.1 of title 6.
(iii) Interest, financing, and carrying charges from creditextended on the sale of personal property or services, if the amount isseparately stated on the invoice, bill of sale or similar document given to thepurchaser; and
(iv) Any taxes legally imposed directly on the consumer thatare separately stated on the invoice, bill of sale or similar document given tothe purchaser.
(v) Manufacturer rebates allowed on the sale of motorvehicles.
(c) "Sales price" shall include consideration received by theseller from third parties if:
(i) The seller actually receives consideration from a partyother than the purchaser and the consideration is directly related to a pricereduction or discount on the sale;
(ii) The seller has an obligation to pass the price reductionor discount through to the purchaser;
(iii) The amount of the consideration attributable to thesale is fixed and determinable by the seller at the time of the sale of theitem to the purchaser; and
(iv) One of the following criteria is met:
(A) The purchaser presents a coupon, certificate or otherdocumentation to the seller to claim a price reduction or discount where thecoupon, certificate or documentation is authorized, distributed or granted by athird party with the understanding that the third party will reimburse anyseller to whom the coupon, certificate or documentation is presented;
(B) The purchaser identifies himself or herself to the selleras a member of a group or organization entitled to a price reduction ordiscount (a "preferred customer" card that is available to any patron does notconstitute membership in such a group), or
(C) The price reduction or discount is identified as a thirdparty price reduction or discount on the invoice received by the purchaser oron a coupon, certificate or other documentation presented by the purchaser.