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Business Taxes Law Guide—Revision 2024

Sales and Use Tax Annotations


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S


495.0000 Sale

Annotation 495.0785

(d) Transfers Between Related Legal Entities


495.0785 Agency Agreements. A dump truck operator who obtains a written "agency agreement" with a customer may purchase sand and gravel as agent of the customer provided, as to each acquisition, he/she clearly discloses to the supplier the name of the principal for whom he/she is acting and bills the same amount paid to the supplier. The addition of an agent's fee would not constitute an increase in the amount billed for the product. If all these conditions are met the trucker would not be making a sale and would not need a seller's permit. A separately stated charge by the agent for transporting the product from the supplier to the point designated by the principal would not be considered part of the price billed, as no sale has occurred. 7/3/90.