Rental or leasing of personal property; sale of property rented or
leased in course of business; exclusion
Sec. 10. (a) A person, other than a public utility, is a retail
merchant making a retail transaction when he rents or leases tangible
personal property to another person other than for subrent or
sublease.
(b) A person is a retail merchant making a retail transaction when
the person sells any tangible personal property which has been rented
or leased in the regular course of the person's rental or leasing
business.
(c) Notwithstanding subsection (a), a person is not a retail
merchant making a retail transaction when the person rents or leases
motion picture film, audio tape, or video tape to another person.
However, this exclusion only applies if:
(1) the person who pays to rent or lease the film charges
admission to those who view the film; or
(2) the person who pays to rent or lease the film or tape
broadcasts the film or tape for home viewing or listening.
As added by Acts 1980, P.L.52, SEC.1. Amended by P.L.257-2003,
SEC.20.
Last modified: May 28, 2006