§ 6-2.5-5-35 — Tangible personal property transactions

Indiana § 6-2.5-5-35

• Jurisdiction: Indiana
• Art. 2.5: STATE GROSS RETAIL AND USE TAXES
• Ch. 5: Exempt Transactions of Retail Merchant

Text

(a) Except as provided in subsection (b),
transactions involving tangible personal property are exempt from the
state gross retail tax if:
(1) the:
(A) person acquires the property to facilitate the service or
consumption of food and food ingredients that is not exempted
from the state gross retail tax under section 20 of this chapter;
and
(B) property is:
(i) used, consumed, or removed in the service or consumption
of the food and food ingredients; and
(ii) made unusable for further service or consumption of food
and food ingredients after the property's first use for service
or consumption of food and food ingredients; or
(2) the:
(A) person acquiring the property is engaged in the business of
renting or furnishing rooms, lodgings, or accommodations in a
commercial hotel, motel, inn, tourist camp, or tourist cabin; and
(B) property acquired is:
(i) used up, removed, or otherwise consumed during the
occupation of the rooms, lodgings, or accommodations by a
guest; or
(ii) rendered nonreusable by the property's first use by a guest
during the occupation of the rooms, lodgings, or
accommodations.
(b) The exemption provided by subsection (a) does not apply to
transactions involving electricity, water, gas, or steam.

Legislative History

As added by P.L.43-1992, SEC.8. Amended by P.L.257-2003, SEC.29; P.L.211-2007, SEC.14.