Section 6-2.5-4-1 - Selling at retail(a) A person is a retail merchant making a retail transaction when the person engages in selling at retail.(b) A person is engaged in selling at retail when, in the ordinary course of the person's regularly conducted trade or business, the person: (1) acquires tangible personal property for the purpose of resale; and(2) transfers that property to another person for consideration.(c) For purposes of determining what constitutes selling at retail, it does not matter whether: (1) the property is transferred in the same form as when it was acquired;(2) the property is transferred alone or in conjunction with other property or services; or(3) the property is transferred conditionally or otherwise.(d) Notwithstanding any provision of this article, a person is not making a retail transaction when the person: (1) acquires tangible personal property owned by another person;(2) provides industrial processing or servicing, including enameling or plating, on the property; and(3) transfers the property back to the owner to be sold by that owner either in the same form or as a part of other tangible personal property produced by that owner in the owner's business of manufacturing, assembling, constructing, refining, or processing.Amended by P.L. 137-2022,SEC. 17, eff. 7/1/2022.Amended by P.L. 146-2020,SEC. 12, eff. 7/1/2020.Amended by P.L. 227-2013, SEC. 2, eff. 7/1/2014.As added by Acts1980 , P.L. 52, SEC.1. Amended by P.L. 2-1987, SEC.14; P.L. 6-1987, SEC.5; P.L. 277-1993 (ss), SEC.40; P.L. 257-2003, SEC.19; P.L. 81-2004, SEC.5.