Montana Code 15-68-103. Presumption of taxability — value — rules
15-68-103. Presumption of taxability — value — rules. (1) In order to prevent evasion of the sales tax or use tax and to aid in its administration, it is presumed that:
Terms Used In Montana Code 15-68-103
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)all sales by a person engaging in business are subject to the sales tax or use tax; and
(b)all property bought or sold by any person for delivery into this state is bought or sold for a taxable use within this state.
(2)In determining the amount of use tax due on the use of property or services, it is presumed, in the absence of preponderant evidence of another value, that value means the total amount of property or service or the reasonable value of other consideration paid for the use of the property or service, exclusive of any type of time-price differential. However, in an exchange in which the amount of money paid does not represent the value of the property or service purchased, the use tax must be imposed on the reasonable value of the property or service purchased.
(3)The department shall adopt rules providing for the payment of the sales tax and use tax based on a rounding method.