Sec. 2. (a) A marketplace facilitator (as defined in IC 6-2.5-1-21.9) subject to the requirements to collect sales tax on its own transactions or on behalf of its sellers in accordance with IC 6-2.5-4-18 is also required to collect any taxes imposed under this article on a transaction that it facilitates.
(b) A marketplace facilitator must source the tax imposed under this article on any transaction to the retail location of the seller in each transaction.
(c) Regardless of whether a transaction under this article is made by the marketplace facilitator on its own behalf or facilitated on behalf of a seller, a marketplace facilitator is required to do the following with each retail transaction made on its marketplace:
(1) Collect and remit the tax imposed under this article to the department, even if:
(A) a seller for whom a transaction was facilitated:
(i) does not have a registered retail merchant certificate; or
(ii) would not have been required to collect a food and beverage tax had the transaction not been facilitated by the marketplace facilitator; and
(B) the food and beverage tax is normally remitted directly to a political subdivision of the state.
(2) Comply with all applicable procedures and requirements imposed under this article or IC 6-2.5 as the retail merchant in the transaction.
As added by P.L.108-2019, SEC.143.
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