139.323(5)

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(5) The retailer has not sold the cigarettes to another retailer or to a jobber.

139.323(1)

(1) The tribal council has filed a claim for the refund with the department.

139.323(2)

(2) The tribal council has approved the retailer.

139.323(4)

(4) The cigarettes were not delivered by the retailer to the buyer by means of a common carrier, a contract carrier or the U.S. postal service.

139.323

139.323 Refunds to Indian tribes. The department shall refund 70% of the taxes collected under § 139.31 (1) in respect to sales on reservations or trust lands of an Indian tribe to the tribal council of the tribe having jurisdiction over the reservation or trust land on which the sale is made if all the following conditions are fulfilled:

139.323(3)

(3) The land on which the sale occurred was designated a reservation or trust land on or before January 1, 1983, or on a later date as determined by an agreement between the department and the tribal council.