HB 2008-8_ Filed 03/03/2003, 07:29 Hinkle
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
I move that House Bill 2008 be amended to read as follows:
SOURCE: Page 50, line 16; (03)MO200822.50. -->
Page 50, between lines 16 and 17, begin a new paragraph and
SOURCE: IC 6-2.5-5-39; (03)MO200822.28. -->
"SECTION 28. IC 6-2.5-5-39 IS ADDED TO THE INDIANA
CODE AS A NEW
SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 39. (a) As used in this section,
"product" includes a pilot model, a process, a formula, an
invention, a technique, a patent, or a similar property. The term
includes property to be used in a taxpayer's trade or business and
property to be held for sale, lease, or license, regardless of whether
the property is ultimately placed in service, sold, leased, or
(b) As used in this section, "research and development" means
laboratory or experimental activity to develop or improve a
product or to discover information that would eliminate
uncertainty concerning the development or improvement of a
(c) The term "research and development" does not include any
of the following:
(1) The ordinary testing or inspection of materials or
products for quality control. The quality control testing to
which this subdivision applies includes testing or inspection
to determine whether particular units of materials or
products conform to specified parameters. Quality control
testing does not include testing to determine if the design of
a product is appropriate.
(2) Efficiency surveys.
(3) Management studies.
(4) Consumer surveys.
(5) Advertising or promotions.
(6) The acquisition of another's patent, model, production,
process, or other product.
(7) Research in connection with literary, historical, or similar
(8) Activities to ascertain the existence, location, extent, or
quality of any deposit of oil, gas, ore, or other mineral.
(9) Assembly, construction, or installation of property that is
placed in service or held for sale, lease, or license.
(d) As used in this section, "uncertainty" means the
unavailability to the taxpayer of information necessary to establish
the capability or method for developing or improving the product
or the appropriate design of the product.
(e) Transactions involving tangible personal property are
exempt from the state gross retail tax if the person acquiring the
property acquires it for direct use in research and development.".
SOURCE: Page 82, line 27; (03)MO200822.82. -->
Page 82, between lines 27 and 28, begin a new paragraph and
SOURCE: ; (03)MO200822.65. -->
"SECTION 65. [EFFECTIVE JULY 1, 2003] For purposes of
IC 6-2.5-5-39, as added by this act, all transactions shall be
considered as having occurred after June 30, 2003, to the extent
that delivery of the property or services constituting selling at
retail is made after that date to the purchaser or to the place of
delivery designated by the purchaser. However, a transaction shall
be considered as having occurred before July 1, 2003, to the extent
that the agreement of the parties to the transaction was entered
into before July 1, 2003, and payment for the property or services
furnished in the transaction is made before July 1, 2003,
notwithstanding the delivery of the property or services after June
Renumber all SECTIONS consecutively.
(Reference is to HB 2008 as printed February 26, 2003.)
MO200822/DI 44 2003