<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".46" citation="COMAR 03.06.01.46" title_num="03" subtitle_num="06" chapter_num="01" heading="Parent-Teacher Organization Fundraisers.">
  <paragraph num="A.">
    <text>Definitions.</text>
    <paragraph num="(1)">
      <text>In this regulation, the following terms have the meanings indicated.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Terms Defined.</text>
      <paragraph num="(a)">
        <text>“Organization within an elementary or secondary school” means a formal group of students, teachers, administrators, and/or parents of students that is recognized by an elementary or secondary school and that promotes, leads, or supports participation in an educational or extra-curricular activity at or on behalf of that school and whose activities include fund raising on behalf of the organization.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Organization within a school system” means a formal group of students, teachers, administrators, and/or parents of students that is recognized by a Maryland school system, not including the school itself, and that promotes, leads, or supports participation in an educational or extra-curricular activity at or on behalf of that school system or one or more schools within that school system and whose activities include fund raising on behalf of the organization.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>“Parent-teacher organization” means a formal organization of parents, teachers and school staff of an elementary or secondary school that facilitates parental participation in a school and whose activities include fund raising on behalf of the organization.</text>
      </paragraph>
      <paragraph num="(d)">
        <text>“School system in the State” means one of the twenty-three county school systems in Maryland or the Baltimore City school system.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Except as provided in COMAR 03.06.01.22C(2)(e), a sale by a parent-teacher organization or other organization within an elementary or secondary school in the State or within a school system in the State does not include a sale where the parent-teacher organization or other organization accepts payment on behalf of a third-party vendor, even if said organization receives some portion of the proceeds of the sale.</text>
  </paragraph>
  <paragraph num="C.">
    <text>A sale of tangible personal property, digital codes, or digital products by any of the following organizations is exempt from the tax:</text>
    <paragraph num="(1)">
      <text>A parent-teacher organization within an elementary or secondary school in the State;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A parent-teacher organization within a school system in the State;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>An organization within an elementary or secondary school in the State;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>An organization within a school system in the State.</text>
    </paragraph>
  </paragraph>
</regulation>