Situs for imposition of tax

Act 6 of 1991, § 504, under PENNSYLVANIA INTERGOVERNMENTAL COOPERATION AUTHORITY ACT FOR CITIES OF THE FIRST CLASS.

Act 6 of 1991, § 504

Section 504. Situs for imposition of tax.

(a) Situs for retail sales.--For purposes of this chapter and except as otherwise provided in this subsection, a sale at retail shall be deemed to be consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-State destination or to a common carrier for delivery to an out-of-State destination or the United States mails for delivery to an out-of-State destination. In the event a retailer has more than one place of business in this Commonwealth which participates in the sale, the sale shall be deemed to be consummated at the place of business of the retailer where the initial order for the tangible personal property is taken, even though the order must be forwarded elsewhere for acceptance, approval of credit, shipment or billing. A sale by a retailer's employee shall be deemed to be consummated at the place of business from which that employee works.

(b) Situs for vehicle, aircraft and motorcraft sales.--The sale at retail or use of a motor vehicle, trailer, semitrailer or mobile home, as defined in 75 Pa.C.S. (relating to vehicles), or of a motorboat, aircraft or other similar tangible personal property, required under either Federal or State laws to be registered or licensed, shall be deemed to have been completed or used at the address of the purchaser or user. The tax due shall be paid by the purchaser or user directly to the Department of Transportation at the time of making application for the issuance of a certificate of title or directly to the department if licensing by the Department of Transportation is not required or obtained.

(c) Situs for utility services.--The sale or use of steam, natural and manufactured gas, electricity, and telephone and telegraph service shall be deemed to occur at the service address in the city, which is the address where the telephone equipment is located and to which the telephone number is assigned or where the telegraph originated or where the meter which registers the service is located, without regard to where the services are rendered.

Compiler's Note: Section 24 of Act 23 of 2001 provided that section 504 is repealed insofar as it is inconsistent with section 202-A of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.

Compiler's Note: Section 42 of Act 48 of 1994 provided that section 504(b) is repealed insofar as it is inconsistent with Article II-A of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.