45 IAC 2.2-5-70 Environmental quality control equipment

Authority: IC 6-8.1-3-3

Affected: IC 6-2.5

Sec. 70. (a) The state gross retail tax does not apply to sales of tangible personal property which constitutes, is incorporated into, or is consumed in the operation of, a device, facility, or structure predominately used and acquired for the purpose of complying with any state, local or federal environmental qaulity $sic.$ statutes, regulations or standards; and the person acquiring the property is engaged in the business of manufacturing, processing, refining, mining, or agriculture.

(b) Definitions. (1) Consumed as used in this regulation $45 IAC 2.2$ means the dissipation or expenditure by combustion, use or application, and does not mean or include the obsolescence, discarding, disuse, depreciation, damage, wear or breakage of tools, machinery, devices or furnishings.

(2) Incorporated as used in this regulation $45 IAC 2.2$ means the material must be physically combined into and become a component of the environmental quality device, facility, or structure. The material must constitue a material or integral part of the finished product.

(c) Portion exemption: The total sales price; multiplied by the percentage prescribed in the following table equals the portion of the sales price exempt from the state gross retail tax:

DATE OF SALE

PERCENTAGE

(1) After June 30, 1980 and before July 1, 1981

33 %

(2) After June 30, 1981 and before July 1, 1982

66 2/3%

(3) After June 30, 1982

100%

(Department of State Revenue; Ch. 5, Reg. 6-2.5-5-30(010); filed Dec 1, 1982, 10:35 am: 6 IR 60)