Section 7213 - Definitions.For the purposes of this Part V-A only, the following words, terms and phrases shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
(a)"Affiliated person." A person that, with respect to another person: (1) Has a direct or indirect ownership interest of more than five percent in the other person, or(2) Is related to the other person because a third person, or group of third persons who are affiliated with each other as defined in this subsection, holds a direct or indirect ownership interest of more than five percent in the related person.(b)"Forum." A place where sales at retail occur, whether physical or electronic. The term includes a store, a booth, a publicly accessible internet website, a catalog or similar place.(c)"Marketplace facilitator." A person that facilitates the sale at retail of tangible personal property. For purposes of this section, a person facilitates a sale at retail if the person or an affiliated person:(1) Lists or advertises tangible personal property for sale at retail in any forum; and(2) Either directly or indirectly through agreements or arrangements with third parties, collects the payment from the purchaser and transmits the payment to the person selling the property. The term includes a person that may also be a vendor.
(d) "Marketplace seller." A person that has an agreement with a marketplace facilitator pursuant to which the marketplace facilitator facilitates sales for the person.(e) "Notice and reporting requirements." The notice requirements under section 213.2 and the reporting requirements under sections 213.3 and 213.4.(f)"Referral." The transfer by a referrer of a potential purchaser to a person that advertises or lists products for sale on the referrer's platform.(g)"Referrer." A person, other than a person engaging in the business of printing or publishing a newspaper, that, pursuant to an agreement or arrangement with a marketplace seller or remote seller, does the following:(1) Agrees to list or advertise for sale at retail one or more products of the marketplace seller or remote seller in a physical or electronic medium.(2) Receives consideration from the marketplace seller or remote seller from the sale offered in the listing or advertisement.(3) Transfers by telecommunications, internet link or other means, a purchaser to a marketplace seller, remote seller or affiliated person to complete a sale.(4) Does not collect a receipt from the purchaser for the sale.The term does not include a person that:
(1) Provides internet advertising services; and(2) Does not provide the marketplace seller's or remote seller's shipping terms or advertise whether a marketplace seller or remote seller collects a sales or use tax. The term includes a person that may also be a vendor.
(h) "Remote seller." A person, other than a marketplace facilitator, marketplace seller or referrer, that does not maintain a place of business in this Commonwealth that, through a forum, sells tangible personal property at retail, the sale or use of which is subject to the tax imposed by this Article. The term does not include an employe who in the ordinary scope of employment renders services to his employer in exchange for wages and salaries.Added by P.L. TBD 2017 No. 43, § 4, eff. 10/30/2017.: Section 33 of 2019 Act 13 provides: "(1) The operation of Sections 213, 213.1, 213.2, 213.3, 213.4, 213.5 and 213.6 of the act shall be suspended as of July 1, 2019. (2) If Section 201(B)(3.5) or 237(B)(1.2) of the act are deemed unconstitutional as a result of a decision of the Pennsylvania supreme court or if a substantially similar statute from another state is deemed unconstitutional by a decision of the United States supreme court, the secretary of revenue shall submit a notice of the decision to the legislative reference bureau for publication in the Pennsylvania bulletin. (3) The suspension of Sections 213, 213.1, 213.2, 213.3, 213.4, 213.5 and 213.6 of the act shall lapse as of the date of the publication of the notice under paragraph (2)."