45 IAC 2.2-5-51 United States retailer's and manufacturer's excise taxes

Authority: IC 6-8.1-3-3

Affected: IC 6-2.5

Sec. 51. (a) The state gross retail tax shall not apply to such part of the gross income from transactions constituting selling at retail as is exempt from the gross income tax under the provisions of IC 6-2.1-3-6 and IC 6-2.1-3-7.

(b) The state gross retail tax shall not apply to so much of the gross receipts of any transaction from retailer's 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's excise tax imposed by the United States on motor vehicles, motor vehicle bodies and chassis, parts, and accessories therefore, tires, provided that such tax is separately stated and billed by the seller.

(Department of State Revenue; Ch. 5, Reg. 6-2.5-5-24(a)(040); filed Dec 1, 1982, 10:35 am: 6 IR 50)