| (1) If a person purchases a qualifying product during
the exemption period, and, after the exemption period has ended, exchanges
the item for a qualifying product of equal or lesser value, no additional
tax is due. For example, a person purchases a $60 qualifying dehumidifier
during the exemption period. After the exemption period, the person
exchanges it for a $60 qualifying dehumidifier of a different brand.
Tax is not due on the $60 sales price of the new dehumidifier.
(2) If a person purchases a qualifying product during
the exemption period, and after the exemption period has ended, exchanges
the product for a qualifying product of greater value, tax is due
on the difference between the prices of the two products. For example,
assume a person purchases a $60 qualifying dehumidifier during the
exemption period. After the exemption period, the person exchanges
it for $70 in qualifying light bulbs. Tax is due on the $10 difference
between the two sales prices.
(3) If a person purchases a qualifying product during
the exemption period, and after the exemption period has ended, exchanges
the products for a nonqualifying item, tax is due on the original
sales price of the nonqualifying item. For example, assume a person
purchases a $60 qualifying dehumidifier during the exemption period.
After the exemption period, the person exchanges it for a $60 nonqualifying
microwave. Tax is due on the $60 sales price of the nonqualifying
microwave.
(4) If a person purchases a qualifying product before
the exemption period, but, during the exemption period, returns the
product and receives credit on the purchase of a different qualifying
product, no sales tax is due on the sale of the new product if the
new item is purchased during the exemption period. For example, assume
a person purchases a $60 qualifying dehumidifier before the exemption
period. During the exemption period, the person returns the dehumidifier
and receives credit on the purchase of a $70 qualifying ceiling fan.
No tax is due on the sale of the ceiling fan if it is purchased during
the exemption period.
(m) Returned merchandise. When a person returns an
item that would qualify for the exemption, no credit for or refund
of sales tax shall be given unless the person provides a receipt or
invoice that shows tax was paid, or the retailer has sufficient documentation
to show that tax was paid on the specific item.
(n) Documenting exempt sales.
(1) A seller is not required to obtain an exemption
certificate on sales of energy-efficient or WaterSense products during
the exemption period; however, the retailer's records should clearly
identify the type of item sold, the date on which the item was sold,
and the sales price of the item.
(2) A seller is not required to obtain an exemption
certificate on sales of items identified as examples of water-conserving
products in subsection (a)(7)(B) of this section; however, the retailer's
records should clearly identify the type of item sold, the date on
which the item was sold, and the sales price of the item. A seller
should obtain an exemption certificate on sales of items that do not
clearly meet the definition of a water-conserving product.
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