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Session Laws, 1958
Volume 619, Page 295   View pdf image (33K)
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THEODORE R. MCKELDIN, GOVERNOR                    295

(1)   The keeping or the retention of possession in this State of
tangible personal property for the purpose of sale in the regular
course of business.

(2)   The keeping or the retention of possession in this State of
tangible personal property for the purpose of incorporating said
property as a material or part of other tangible personal property
to be produced for sale by manufacturing, assembling, processing or
refining.

(f)   "Purchase" means the acquisition for a price by any person of
taxable services or tangible personal property which is used, stored
or consumed within this State. A transaction shall be deemed to be
a purchase if the acquisition of tangible personal property was
effected by:

(1)   The transfer, either conditionally or absolutely, of title or
possession or both of the tangible personal property.

(2)   A lease, rental or grant of a license to use (including royalty
agreements), store or consume the tangible personal property.

(g)   "Price" means the aggregate value in money of any thing or
things paid or delivered, or promised to be paid or delivered by a
purchaser to a vendor in the consummation and complete perform-
ance of a retail sale without any deduction therefrom on account of
the cost of the property sold, cost of materials used, labor or service
cost, or any other expense whatsoever. "Price" shall be deemed to be
the amount received exclusive of the tax hereby imposed provided
the vendor shall establish to the satisfaction of the Comptroller that
the tax was added to the price. "Price" shall not include the fol-
lowing :

(1)   The consideration received for labor or services used in in-
stalling, applying, remodeling or repairing the property sold if the
consideration for such services is separately stated from the con-
sideration received for the tangible personal property in the retail
sale.

(2)   The consideration received for professional services rendered
in connection with the sale of any tangible personal property if the
consideration for such services is separately stated from the con-
sideration received for the tangible personal property transferred in
the retail sale.

(3)   The amount paid by any purchaser as, or in the nature of
interest or finance charges on account of credit extended in connec-
tion with the sale of any tangible personal property if the interest or
finance charges are separately stated from the consideration received
for the tangible personal property transferred in the retail sale.

(4)   The amount paid by any purchaser on account of any bona
fide freight, delivery and other transportation charges in connection
with any sale of tangible personal property if said freight, delivery
or other transportation charges are stated or shown as a separate
item from the price of the tangible personal property transferred
in the retail sale.

(h) "Retail sale" and "sale at retail" mean all sales in any quan-
tity or quantities of tangible personal property, or services taxable

 

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Session Laws, 1958
Volume 619, Page 295   View pdf image (33K)
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