Ind. Code § 6-2.5-4-12 – Auction sales; exceptions

(a) A person is a retail merchant making a retail transaction when he sells tangible personal property at auction.
(b) Notwithstanding subsection (a), a person is not a retail merchant making a retail transaction when:
1. (1) he makes isolated or occasional sales of tangible personal property at auction;
2. (2) the sales occur on the premises of the owner of the tangible personal property; and
3. (3) the owner of the tangible personal property did not originally acquire that property for resale.
  As added by Acts 1980, P.L.52, SEC.1.