"Storage" and "use"

# (A)

"Storage" includes any keeping or retaining in this State, for any purpose except sale in the regular course of business or subsequent use solely outside this State, of tangible personal property purchased at retail.

# (B)

"Use" includes the exercise of any right or power over tangible personal property incident to the ownership of that property, or by any transaction in which possession is given; but it does not include the sale of that property in the regular course of business.

# (C)

"Storage" and "use" do not include the keeping, retaining, or exercising of any right or power over tangible personal property:

# (1)

for the exclusive purpose of subsequently transporting it outside the State for first use;

# (2)

for the purpose of first being manufactured, processed, or compounded into other tangible personal property to be transported and used solely outside the State; or

# (3)

for the purpose of being distributed as (i) cooperative direct mail promotional advertising materials, or (ii) promotional maps, brochures, pamphlets, or discount coupons by nonprofit chambers of commerce or convention and visitor bureaus who are exempt from income taxation pursuant to Internal Revenue Code Section 501(c) by means of interstate carrier, a mailing house, or a United States Post Office to residents of this State from locations both inside and outside the State. For purposes of this item, "cooperative direct mail promotional advertising materials" means discount coupons, advertising leaflets, and similar printed advertising, including any accompanying envelopes and labels which are distributed with promotional advertising materials of more than one business in a single package to potential customers, at no charge to the potential customer, of the businesses paying for the delivery of the material.

Last amended: 1990 Act No. 612, Part II, SECTION 74A; 2000 Act No. 387, Part II, SECTION 63A, eff June 1, 2001; 2005 Act No. 145, SECTION 1.A, eff June 7, 2005. Editor's Note 2005 Act No. 145, SECTION 1.C, provides as follows: "This section takes effect for tax years beginning after 2005, but does not authorize or permit refunds of taxes paid."

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