Connecticut Administrative Code
Title 12 - Taxation
426 - Sales and Use Tax
Section 12-426-17 - Casual or isolated sales
Universal Citation: CT Reg of State Agencies 12-426-17
Current through September 9, 2024
(a) Since the tax is predicated upon a sale made by a person engaged in the business of making sales at retail, certain sales which are not sufficient in number, scope and character to constitute an activity requiring a seller's permit are described as casual or isolated sales. Such sales are exempt from the tax except, however, as they involve boats, airplanes, snowmobiles and motor vehicles as hereinafter illustrated.
(b) Casual sales are:
(1) Infrequent sales of a
nonrecurring nature made by a person not engaged in the business of selling
tangible personal property;
(2)
Sales of articles of tangible personal property acquired for use or consumption
by a seller and not sold in the regular course of business engaged in by such
seller.
(c) Examples of exempt sales:
(1) A grocer selling his cash
register or an insurance company selling a typewriter;
(2) Sale of a business in its entirety by
the owner;
(3) Sales by executors,
administrators, trustees and other fiduciaries, except when they continue the
operation of the business as sellers;
(4) Legal sales, executions, etc. under court
order by a proper officer;
(5)
Sales of used machinery, fixtures, equipment and like items by an owner who is
engaged in a business or occupation, such as manufacturing or farming, but who
is not engaged in the selling of such items as a business;
(6) Sales by nonprofit organizations at
bazaars, fairs, picnics or similar events to the extent of two such events of a
day's duration, held during any calendar year; provided, where sales are made
at such events by an organization holding a sales tax permit, or otherwise
required to hold such a permit because its selling events are in excess of the
number permitted, such sales shall constitute sales in the regular course of
business and are not exempted as casual sale, as defined above, is deemed to be
the consumer of that property which it purchases for resale, and as such will
pay the tax on purchases nor otherwise exempt;
(7) A transfer of a motor vehicle, upon which
the transferor has paid the tax, in connection with the organization,
reorganization, dissolution or partial liquidation of a business entity where
no gain or loss is recognized for income tax purposes.
(d) Examples of nonexempt sales:
(1) Retail sales by an auctioneer under any
of the examples of exempt sales given above;
(2) Sales of motor vehicles (see subsection
(c) (7) above), boats, snowmobiles or airplanes by any person other than the
spouse, mother, father, brother, sister or child of the purchaser;
(3) Retail sales by manufacturers,
wholesalers, processors and jobbers even though such sales are infrequent and
only comprise an insignificant fraction of their total business;
(4) Sales which constitute an integral part
of a business, such as the sale of repossessed fixtures or other property by a
finance company, even though the sale of tangible personal property is not the
primary function of such business.
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