Ind. Code § 6-2.5-4-12

Auction sales; exceptions

  1. (a) A person is a retail merchant making a retail transaction when he sells tangible personal property at auction.
  2. (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.

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