Sec. 10.4. (a) Not later than thirty-one (31) days after a sale or transfer of ownership of a taxable aircraft, the transferring owner shall notify the department of the sale or transfer.

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Terms Used In Indiana Code 6-6-6.5-10.4

  • Aircraft: means a device which is designed to provide air transportation for one (1) or more individuals or for cargo. See Indiana Code 6-6-6.5-1
  • Dealer: means a person who has an established place of business in this state, is required to obtain a certificate under Indiana Code 6-6-6.5-1
  • Department: refers to the department of state revenue. See Indiana Code 6-6-6.5-1
  • Owner: means a person who holds or is required to obtain a certificate of registration from the Federal Aviation Administration for a specific aircraft. See Indiana Code 6-6-6.5-1
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
     (b) If the transferring owner is a dealer, the transferring owner shall notify the department by submitting to the department one (1) of the following:

(1) A copy of the applicable department form (ST108AC or, if an out-of-state exemption is claimed, ST-137).

(2) A written list containing all the information contained on form ST108AC, including the complete name and address of seller and purchaser, date of sale, make, model, year, and Federal Aviation Administration N number of the new aircraft, a description of any trade-in allowed, and delivery information. If an exemption is claimed, the purchaser’s certificate of exemption, whether by submission of the ST-137 or by certified statement, shall also be submitted.

     (c) The trade-in, if any, shall be described by the Federal Aviation Administration N number, serial number, make, model, year, and dollar value allowed.

     (d) With regard to sales and transfers, dealers shall comply with all applicable gross retail and use tax statutes, rules, and procedures of the department, including the calculation of selling price and limitations on like-kind exchanges and requirements for proof of exemption. Failure to comply or failure to provide proof of compliance to the department may be cause for immediate revocation of the dealer’s certificate. However, the dealer has one hundred eighty (180) days to sell the dealer’s inventory.

     (e) In addition to the other disclosures required by this chapter, a dealer shall provide a transferee with an “Indiana application for aircraft registration or exemption” form.

As added by P.L.65-1997, SEC.14. Amended by P.L.97-1998, SEC.7.