<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 03.06.01.04" title_num="03" subtitle_num="06" chapter_num="01" heading="Published Material.">
  <paragraph num="A.">
    <text>Definition.</text>
    <paragraph num="(1)">
      <text>In this regulation, the following term has the meaning indicated.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Term Defined — Published Material.</text>
      <paragraph num="(a)">
        <text>“Published material” means any textual or graphic material disseminated to another person or persons through printed, electronic, or other media.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Published material” includes a newspaper, magazine, periodical, chat room discussion, weblog, or any other similar product.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The sale of published material for a charge is subject to the sales and use tax, except as described in §C of this regulation.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Printing and Sale of Newspapers.</text>
    <paragraph num="(1)">
      <text>The printing and sale of newspapers that are distributed by the publisher at no charge are not subject to the sales and use tax.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The sale of an item which is to be distributed as a component part of a newspaper, such as an advertising supplement, is not subject to the tax.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Requirements for Classification as a Newspaper.</text>
    <paragraph num="(1)">
      <text>A publication is not a newspaper unless:</text>
      <paragraph num="(a)">
        <text>It is published and distributed not less frequently than once each month;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>It does not, when its successive issues are put together, constitute a book;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>It is intended for circulation among the general public;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>It contains news items, legal and general intelligence, reports of current events, editorial comments, advertising matter, or other miscellaneous information of public interest.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The criteria set forth in §D(1) of this regulation are minimum requirements, the meeting of which does not necessarily result in a publication being classified as a newspaper. A publication which meets the criteria set forth in §D(1) of this regulation, but which is in fact a magazine, shopping advertiser, community newsletter, tip sheet, or other publication which is not a newspaper in the common and popularly accepted usage of the term, is not a newspaper for the purpose of this exemption. A publication is not disqualified solely because it is devoted primarily to matters of specialized interest, such as legal, mercantile, political, religious, or sporting matters.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>The taxability of sales of photographic materials and certain other tangible personal property used in the publication of published material is described in Regulation .11 of this chapter.</text>
  </paragraph>
</regulation>