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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 395.0500

(c) Series of Sales—"Number, Scope and Character"


395.0500 Farm Equipment. A cafe which owned and operated a farm is liable for tax based on the gross receipts from three separate sales of the farm equipment. Although the farming operations were a separate activity from the cafe, no food products of the farm being offered for sale through the cafe, the three sales of $920, $1,800, and $33,600 made within a 12-month period were sufficient in number, scope, and character to require the holding of a seller's permit and to disqualify them as exempt occasional sales. 9/10/64.