[§237-29.55]  Exemption for sale oftangible personal property for resale at wholesale.  (a)  There shall beexempted from, and excluded from the measure of, the taxes imposed by thischapter all of the gross proceeds or gross income arising from the sale oftangible personal property imported to Hawaii from a foreign or domestic sourceto a licensed taxpayer for subsequent resale for the purpose of wholesale asdefined under section 237-4.

(b)  The department, by rule, may provide thata seller may take from the purchaser of imported tangible personal property, acertificate, in a form that the department shall prescribe, certifying that thepurchaser of the imported tangible personal property shall resell the importedtangible personal property at wholesale as defined under section 237-4.  Anypurchaser who furnishes a certificate shall be obligated to pay to the seller,upon demand, if the sale in fact is not a sale for the purpose of resale atwholesale, the amount of the additional tax which by reason thereof is imposedupon the seller.  The absence of a certificate, unless the sales of thebusiness are exclusively a sale for the purpose of resale at wholesale, initself, shall give rise to the presumption that the sale is not a sale for thepurpose of resale at wholesale. [L 1998, c 247, §1]