Indiana Administrative Code — Title 45 (Dept. of State Revenue)
45 IAC 2.2-5-15
Sales for resale
Sec. 15. (a) The state gross retail tax shall not apply to sales of any tangible personal property to a purchaser who purchases the same for
the purpose of reselling, renting or leasing, in the regular course of the purchaser's business, such tangible personal property in the form in which
it is sold to such purchaser.
(b) General rule. Sales of tangible personal property for resale, rental or leasing are exempt from tax if all of the following conditions are
satisfied:
(1) The tangible personal property is sold to a purchaser who purchases this property to resell, rent or lease it;
(2) The purchaser is occupationally engaged in reselling, renting or leasing such property in the regular course of his business;
and
(3) The property is resold, rented or leased in the same form in which it was purchased.
(c) Application of general rule.
(1) The tangible personal property must be sold to a purchaser who makes the purchase with the intention of reselling, renting or
leasing the property. This exemption does not apply to purchasers who intend to consume or use the property or add value to the property through
the rendition of services or performance of work with respect to such property.
(2) The purchaser must be occupationally engaged in reselling, renting or leasing such property in the regular course of his business.
Occasional sales and sales by servicemen in the course of rendering services shall be conclusive evidence that the purchaser is not occupationally
engaged in reselling the purchased property in the regular course of his business.
(3) The property must be resold, rented or leased in the same form in which it was purchased.
Amendment history
(Department of State Revenue; Ch. 5, Reg. 6-2.5-5-8(010); filed Dec 1, 1982, 10:35 am: 6 IR 37)
Source: view the official text
Nearby sections (25 sections)
- 2.2-5-3 · Sales to farmers; agricultural commodities
- 2.2-5-4 · Farmers and others engaged in agricultural production
- 2.2-5-5 · Raising horses, donkeys and ponies; application for sales tax
- 2.2-5-6 · Direct production of agricultural commodities; sales of…
- 2.2-5-7 · Direct production of grain; sales of agricultural machinery
- 2.2-5-8 · Sales of manufacturing machinery, tools and equipment used in…
- 2.2-5-9 · Sales of manufacturing machinery, tools and equipment to be…
- 2.2-5-10 · Sales of manufacturing machinery, tools and equipment to be…
- 2.2-5-11 · Sales of tangible personal property used in the direct…
- 2.2-5-12 · Sales of tangible personal property directly consumed in…
- 2.2-5-13 · Sales of tangible personal property directly consumed in…
- 2.2-5-14 · Material incorporated into tangible personal property…
- 2.2-5-15 · Sales for resale
- 2.2-5-16 · Wrapping materials and containers
- 2.2-5-17 · Exempt accounts for utilities which furnish or sell…
- 2.2-5-18 · Exempt accounts for utilities which furnish or sell natural…
- 2.2-5-19 · Exempt accounts for utilities which furnish or sell water
- 2.2-5-20 · Exempt accounts for utilities which furnish or sell…
- 2.2-5-21 · Sales of motor vehicles, trailers or aircraft, delivery for…
- 2.2-5-22 · Motor vehicles (Repealed)
- 2.2-5-23 · Aircraft (Repealed)
- 2.2-5-24 · Sales to Indiana and its instrumentalities
- 2.2-5-25 · Government agencies and units purchases; application of…
- 2.2-5-26 · Sales of newspapers
- 2.2-5-27 · Medical exemptions; definitions