Sec. 03.06.01.33. Out-of-State Vendor

A. A person who engages in the business of an out-of-State vendor shall collect and remit sales and use tax on all taxable sales for use in the State.

B. A person engages in the business of an out-of-State vendor if the person:

(1) Permanently or temporarily maintains, occupies, or uses any office, sales or sample room, or distribution, storage, warehouse, or other place for the sale of tangible personal property or a taxable service directly or indirectly through an agent or subsidiary;

(2) Has an agent, canvasser, representative, salesman, or solicitor operating in the State for the purpose of delivering, selling, or taking orders for tangible personal property or a taxable service;

(3) Enters the State on a regular basis to provide service or repair for tangible personal property, either directly or indirectly through an agent, independent contractor, or subsidiary;

(4) Regularly uses the person’s vehicle’s to sell or deliver tangible personal property or a taxable service for use in the State; or

(5) Sells tangible personal property or taxable services for delivery in the State, if, during the previous calendar year or the current calendar year, the person satisfies either of the following criteria:

(a) The person’s gross revenue from the sale of tangible personal property or taxable services delivered in the State exceeds $100,000; or

(b) The person sold tangible personal property or taxable services for delivery into the State in 200 or more separate transactions.

C. The requirements of §B(5) of this regulation shall be effective beginning October 1, 2018.