Sec. 17. (a) A home service provider is responsible for obtaining and maintaining the customer‘s place of primary use. Subject to section 18 of this chapter, a home service provider may rely on the applicable residential or business street address supplied by the home service provider’s customer and is not liable for any additional taxes, charges, or fees based on a different determination of the place of primary use for taxes, charges, or fees that are customarily passed on to the customer as a separate itemized charge if the reliance on information provided by its customer is in good faith.

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Terms Used In Indiana Code 6-8.1-15-17

  • charges for mobile telecommunications service: means any charge for or associated with the provision of commercial mobile radio service, as defined in Indiana Code 6-8.1-15-1
  • Contract: A legal written agreement that becomes binding when signed.
  • customer: means :

    Indiana Code 6-8.1-15-2

  • home service provider: means the facilities based carrier or reseller with which the customer contracts for the provision of mobile telecommunications service. See Indiana Code 6-8.1-15-5
  • place of primary use: means the street address representative of where the customer's use of the mobile telecommunications service primarily occurs, which must be:

    Indiana Code 6-8.1-15-8

     (b) Except as provided in section 18 of this chapter, a home service provider may treat the address used by the home service provider for tax purposes for any customer under a service contract or agreement in effect on or before July 28, 2002, as that customer’s place of primary use for the remaining term of the service contract or agreement, excluding any extension or renewal of the service contract or agreement, for purposes of determining the taxing jurisdictions to which taxes, charges, or fees on charges for mobile telecommunications service are remitted.

As added by P.L.104-2002, SEC.2.