§ 6-2.5-4-10 — Rental or leasing of personal property; sale of property rented or leased in course of business; exclusion

Indiana § 6-2.5-4-10

• Jurisdiction: Indiana
• Art. 2.5: STATE GROSS RETAIL AND USE TAXES
• Ch. 4: Retail Transactions of Retail Merchant

Text

(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.