Notice to Marketplace Facilitators | 7/13/2020
House
Bill 379 of the 2020 Regular Session creates the Mississippi Marketplace
Facilitator Act of 2020. This act defines a marketplace facilitator as any
person who facilitates a retail sales by a seller by:
(i)
listing or advertising
for sale by the retailer in any forum, tangible personal property, services or
digital goods that are subject to tax under Mississippi sales tax law; and
(ii)
either directly or indirectly
through agreements or arrangements with third parties collecting payment from
the customer and transmitting that payment to the retailer regardless of
whether the marketplace provider receives compensation or other consideration
in exchange for its service.
House Bill 379
additionally provides that sales facilitated by third party food delivery
services that deliver food from an unrelated restaurant to a customer are not
considered retail sales. These third party food delivery services should pay
sales tax to the restaurant on the cost of the food purchased from the
restaurant and not charge the customer sales tax on the delivery. For
additional information, please see the following link:
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