Indiana Code — Title 6 (Taxation)
IC 6-2.5-4-10
Rental or leasing of personal property; sale of property rented
or leased in course of business; exclusion
Sec. 10. (a) A person, other than a public utility, is a retail merchant making a retail transaction when the person rents or leases tangible personal property to another person other than for subrent or sublease.
(b) A person is a retail merchant making a retail transaction when the person sells any tangible personal property which has been rented or leased in the regular course of the person's rental or leasing business.
(c) Notwithstanding subsection (a), a person is not a retail merchant making a retail transaction when the person rents or leases motion picture film, audio tape, or video tape to another person. However, this exclusion only applies if:
# (1)
the person who pays to rent or lease the film charges admission to those who view the film; or
# (2)
the person who pays to rent or lease the film or tape broadcasts the film or tape for home viewing or listening.
(d) The sharing of passenger motor vehicles and trucks through a peer to peer vehicle sharing program (as defined in IC 24-4-9.2-4) is a retail transaction.
As added by Acts 1980, P.L.52, SEC.1. Amended by P.L.257-2003, SEC.20; P.L.108-2019, SEC.111.
Amendment history
As added by Acts 1980, P.L.52, SEC.1. Amended by P.L.257-2003, SEC.20; P.L.108-2019, SEC.111.
Source: view the official text
Nearby sections (25 sections)
- 6-2.5-3.5-27 · Liability for unpaid gasoline use tax
- 6-2.5-4-1 · Selling at retail
- 6-2.5-4-2 · Repealed
- 6-2.5-4-3 · Water softening and conditioning business
- 6-2.5-4-4 · Renting or furnishing rooms, lodgings, or other
- 6-2.5-4-4.2 · Repealed
- 6-2.5-4-4.5 · Repealed
- 6-2.5-4-5 · Power subsidiaries of public utilities
- 6-2.5-4-6 · Taxation of telecommunication services; aggregation of…
- 6-2.5-4-7 · Repealed
- 6-2.5-4-8 · Governmental entities; private or proprietary activities
- 6-2.5-4-9 · Sale of property to be added to structures or facilities;…
- 6-2.5-4-10 · Rental or leasing of personal property; sale of property…
- 6-2.5-4-11 · Cable television service; satellite television or radio…
- 6-2.5-4-12 · Auction sales; exceptions
- 6-2.5-4-13 · Definition of retail merchant making retail transaction
- 6-2.5-4-14 · Notice; proposed public vendors; identification of…
- 6-2.5-4-15 · Bundled transactions
- 6-2.5-4-16 · Repealed
- 6-2.5-4-16.2 · Aircraft leasing or renting and flight instruction…
- 6-2.5-4-16.4 · Specified digital products
- 6-2.5-4-16.7 · Prewritten computer software
- 6-2.5-4-17 · Computer software maintenance contracts
- 6-2.5-4-18 · Marketplace facilitator considered the retail merchant of…
- 6-2.5-5-0.4 · Intent of general assembly adding section 36 of this…