SB 500-1_ Filed 02/06/2007, 09:46 Kenley
that Senate Bill 500 be amended to read as follows:
SOURCE: Page 4, line 26; (07)MO050002.4. -->
Page 4, between lines 26 and 27, begin a new paragraph and insert:
SOURCE: IC 6-2.5-3-7; (07)MO050002.4. -->
"SECTION 4. IC 6-2.5-3-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 7. (a) A person who
acquires tangible personal property from a retail merchant for delivery
in Indiana is presumed to have acquired the property for storage, use,
or consumption in Indiana. However,
unless the person or the retail
merchant can produce evidence to rebut that presumption.
(b) A retail merchant is not required to produce evidence of
nontaxability under subsection (a) if the retail merchant receives from
the person who acquired the property an exemption certificate which
certifies, in the form prescribed by the department, that the acquisition
is exempt from the use tax.
(c) A retail merchant that sells tangible personal property to a
person that purchases the tangible personal property for use or
consumption in providing public transportation under
IC 6-2.5-5-27 may verify the exemption by obtaining the person's:
(2) address; and
(3) motor carrier number, United States Department of
Transportation number, or any other identifying number
authorized by the department.
The person engaged in public transportation shall provide a
signature to affirm under penalties of perjury that the information
provided to the retail merchant is correct and that the tangible
personal property is being purchased for an exempt purpose.".
SOURCE: Page 29, line 38; (07)MO050002.29. -->
Page 29, between lines 38 and 39, begin a new paragraph and insert:
SOURCE: ; (07)MO050002.31. -->
"SECTION 31. [EFFECTIVE JANUARY 1, 2007
(RETROACTIVE)] (a) As used in this SECTION, "department"
refers to the department of state revenue.
(b) A retail merchant that sold tangible personal property to a
person that used or consumed the tangible personal property in
providing public transportation under IC 6-2.5-5-27 may verify
that the sale was exempt from taxation under IC 6-2.5 by using the
information contained in form ST-135 for the transaction.
(c) If a retail merchant provides the department with the
information from form ST-135 to verify that a sale described in
subsection (b) is exempt from taxation under IC 6-2.5, the retail
merchant may request:
(1) a refund of gross retail tax plus any penalties and interest
paid to the department; or
(2) that the department satisfy any outstanding gross retail
tax liabilities, including any penalties and interest for tax
for the tangible personal property used or consumed in providing
(d) This SECTION expires December 31, 2008.".
Renumber all SECTIONS consecutively.
(Reference is to SB 500 as printed January 30, 2007.)