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Business Taxes Law Guide—Revision 2024

Sales and Use Tax Annotations


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395.0000 Occasional Sales—Sale of a Business—Business Reorganization—Regulation 1595

Annotation 395.0270

(b) Activities Requiring Permit—Property Held or Used In


395.0270 Occasional Sale—Seasonal Business. A firm operates annually at a county fair. Several months after the close of the annual fair, it sells the fixtures and equipment which it used in its restaurant operation at the fair. The sale of the property is subject to sales tax. The fact that the sale took place during a period in which the retailer was not operating does not support a conclusion that the sale is exempt as an "occasional sale." 10/16/73.