Sales of tangible personal property directly consumed in agriculture, horticulture, floriculture, or arboriculture

Sec. 13. (a) The state gross retail tax shall not apply to sales of tangible personal property as a material which is to be directly consumed

in direct production by the purchaser in the business of producing agricultural, horticultural, floricultural, or arboricultural commodities.

(b) General rule. Purchases of materials to be directly consumed by the purchaser in the business of producing tangible personal property

are exempt from tax provided that such materials are directly used in the production process; i.e., they have an immediate effect upon the

commodities being produced. Property has an immediate effect on the commodities being produced if it is an essential and integral part of an

integrated process which produces tangible personal property.

(c) Refer to Regs. 6-2.5-5-5.1(010)(7) [45 IAC 2.2-5-12(g)] for the definition of "consumed" as used in this regulation

[45 IAC 2.2].

(d) Refer to Regs. 6-2.5-5-1 [45 IAC 2.2-5-1] for the definition of "farmer" and "farming" as used in this regulation

[45 IAC 2.2].

(e) The term "farmer" will be used in this regulation [45 IAC 2.2] to signify both "farmers" and "other persons engaged

in the business of producing food and agricultural commodities".

(f) "The business of producing tangible personal property by agriculture" means "farming" for purposes of interpreting this regulation

[45 IAC 2.2].

(g)(1) "Have an immediate effect upon commodities being produced". Purchases of materials to be consumed during production of

commodities are taxable unless the consumption of such materials has an immediate effect upon either (1) the food or agricultural commodities being

produced, or (2) machinery, tools, or equipment which are both used in direct production of commodities and are exempt from tax under these

regulations [45 IAC 2.2]. The consumption of property has an immediate effect on the commodity being produced or on the

machinery, tools, or equipment engaged in direct production of commodities if the consumption is an essential and integral part of an integrated

process which produces food or an agricultural commodity.

(h) Other taxable transactions. Purchases of materials consumed in farming beyond the scope of those activities described in subsection

(g) of this section are taxable. Such activities include, but are not limited to: pre-production activities; post-production activities; storage (except

where it is an essential and integral part of an integrated production process); transportation (except where it is an essential and integral part of an

integrated production process); maintenance; testing and inspection (except where it is an essential and integral part of an integrated production

process); management and administration; sales; research and development; exhibition of products; safety and fire prevention; space heating;

ventilation and cooling for general temperature control; illumination; shipping and loading.