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BTLG Table of Contents > Sales and Use Tax Annotations > L > 330.0000 Leases Of Tangible Personal Property—In General > Annotation 330.2306

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330.0000 Leases of Tangible Personal Property—In General—Regulation 1660

Annotation 330.2306

(a) In General

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330.2306 Lease of Property to a Museum. The exhibition by a museum of an animated dinosaur exhibit belonging to others, with a fee paid by the museum to the owner for the licensing rights, was not a lease because the museum did not acquire sufficient dominion or control over the properties. Under the licensing agreement the museum agrees: to operate the exhibit on museum premises only; not to move the exhibits without prior written authorization from the owner; to operate the exhibit only during normal exhibit hours; to display the exhibit in a temperature controlled enclosed building … ; not to allow photos or videos to be taken for commercial purposes … ; not to duplicate any of the components of the exhibit. Under these conditions the license was not a lease, the owner was the consumer of the animated dinosaur exhibit, and did not require a seller's permit. 3/11/94.