Ind. Code § 6-2.5-5-3 – Exemption; acquisition for direct use in direct production

(a) For purposes of this section:
1. (1) the:
  1. (A) retreading of tires; and
  2. (B) felling of trees for further use in production or for sale in the ordinary course of business;
    shall be treated as the processing of tangible personal property; and
2. (2) commercial printing shall be treated as the production and manufacture of tangible personal property.
(b) Except as provided in subsection (d), transactions involving manufacturing machinery, tools, and equipment, including material handling equipment purchased for the purpose of transporting materials into activities described in this subsection from an onsite location, are exempt from the state gross retail tax if the person acquiring that property acquires it for direct use in the direct production, manufacture, fabrication, assembly, extraction, mining, processing, refining, or finishing of other tangible personal property.
(c) Except as provided in subsection (d), transactions involving manufacturing machinery, tools, and equipment, including material handling equipment purchased for the purpose of transporting materials into an industrial process from an onsite location, are exempt from the state gross retail tax if the person acquiring that property:
1. (1) acquires it for the person's direct use in an industrial processing service; and
2. (2) is an industrial processor.
(d) The exemptions provided in subsections (b) and (c) do not apply to transactions involving distribution equipment or transmission equipment acquired by a public utility engaged in generating electricity.
As added by Acts 1980, P.L.52, SEC.1. Amended by P.L.76-1985, SEC.9; P.L.78-1989, SEC.4; P.L.192-2002(ss), SEC.50; P.L.211-2007, SEC.12; P.L.250-2015, SEC.10; P.L.181-2016, SEC.22; P.L.239-2017, SEC.5.