Section 45 IAC 2.2-3-14 - Exemption from use taxAuthority: IC 6-8.1-3-3
Affected: IC 6-2.5-5-24
Sec. 14.
The use tax does not apply to the following:
(1) Storage, use, or other consumption in Indiana of tangible personal property sold in a transaction on which the gross retail tax has been paid.(2) Storage, use, or other consumption in Indiana of tangible personal property sold in a transaction exempt from gross retail tax under any part of IC 6-2.5-5, except IC 6.2.5-5-24(b)[sic.]. Therefore, as provided by IC 6-2.5-5-24(a), the exemption from use tax would extend to transactions described in IC 6-2.1-3-2, IC 6-2.1-3-5, IC 6-2.1-3-6, IC 6-2.1-3-7, and IC 6-2.1-3-13. Such items include:(A) Gross income derived from sales to the United States government, but only to the extent to which the state of Indiana is prohibited from taxing such gross income by the constitution of the United States.(B) Taxes received or collected by the taxpayer as agent for the state of Indiana and/or the United States of America. (This exemption is limited only to taxpayers explicitly designated as a collection agent in the statute under the terms of which tax is imposed.)(C) Retailers' excise taxes imposed by the United States solely on the sale at retail of tangible personal property and collected by a retail merchant as a separate item in addition to the price of the property sold, and which is remitted by such retail merchant to the taxing authority. "Retailers' excise taxes imposed by the United States" includes manufacturer excise tax imposed by the United States on motor vehicle bodies and chassis, parts, and accessories therefore, tires, tubes for tires, tread rubber and laminated tires, provided that such tax is separately stated by the seller.Department of State Revenue; Ch. 3, Reg. 6-2.5-3-4 a (010); filed Dec 1, 1982, 10:35 am: 6 IR 14