Indiana Code 6-2.5-4-12. Auction sales; exceptions

Sec. 12. (a) A person is a retail merchant making a retail transaction when he sells tangible personal property at auction.

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Personal property: All property that is not real property.
Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
Property: includes personal and real property. See Indiana Code 1-1-4-5

(b) Notwithstanding subsection (a), a person is not a retail merchant making a retail transaction when:

(1) he makes isolated or occasional sales of tangible personal property at auction;

(2) the sales occur on the premises of the owner of the tangible personal property; and

(3) the owner of the tangible personal property did not originally acquire that property for resale.

As added by Acts 1980, P.L.52, SEC.1.