Indiana Administrative Code
Title 45 - DEPARTMENT OF STATE REVENUE
Article 2.2 - SALES AND USE TAX
Rule 5 - Exempt Transactions of a Retail Merchant
Section 5-56 - Fraternities, sororities, and student cooperative housing organizations; acquisitions
Universal Citation: 45 IN Admin Code 5-56
Current through September 18, 2024
Authority: IC 6-8.1-3-3
Affected: IC 6-2.5
Sec. 56.
(a) The state gross retail tax exempts transactions occuring [sic.] after December 31, 1976, and involving tangible personal property or service, if the person acquiring the property or service:
(1) Is a fraternity, sorority, or student
cooperative housing organization which is granted a gross income tax exempt
under IC 6-2.1-3-19; and
(2) Uses
the property or service to carry on its ordinary and usual activities and
operations as a fraternity, sorority, or student cooperative housing
organization.
(b) Purchases for the private benefit of any member of the organization or for any other individual are not eligible for exemption.
-EXAMPLE-
(1) A
sorority purchases furniture for the sorority house. The state gross retail tax
will not apply. The furniture is tangible personal property used by the
sorority to carry on its ordinary and usual activities.
(2) A fraternity member purchases a
television set for his own individual use in the fraternity house. The purchase
would not be exempt. The fraternity member can not use the fraternity's
exemption to purchase tangible personal property for his private
benefit.
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