Texas Tax Code 151.011 – “Use” and “Storage”
(a) Except as provided by Subsection (c) of this section, “use” means the exercise of a right or power incidental to the ownership of tangible personal property over tangible personal property, including tangible personal property other than printed material that has been processed, fabricated, or manufactured into other property or attached to or incorporated into other property transported into this state, and, except as provided by § 151.056(b) of this code, includes the incorporation of tangible personal property into real estate or into improvements of real estate whether or not the real estate is subsequently sold.
(b) With respect to a taxable service, “use” means the derivation in this state of direct or indirect benefit from the service.
Terms Used In Texas Tax Code 151.011
- Personal property: All property that is not real property.
- Personal property: means property that is not real property. See Texas Tax Code 1.04
- Property: means real and personal property. See Texas Government Code 311.005
- Tangible personal property: means personal property that can be seen, weighed, measured, felt, or otherwise perceived by the senses, but does not include a document or other perceptible object that constitutes evidence of a valuable interest, claim, or right and has negligible or no intrinsic value. See Texas Tax Code 1.04
(c) “Use” does not include the sale of tangible personal property or a taxable service in the regular course of business, the transfer of a taxable service as an integral part of the transfer of tangible personal property in the regular course of business, or the transfer of tangible personal property as an integral part of the transfer of a taxable service in the regular course of business.
(d) Except as provided by Subsection (e) of this section, “storage” means the keeping or retaining for any purpose in this state of tangible personal property sold by a retailer.
(e) “Storage” does not include the keeping or retaining of tangible personal property for sale in the regular course of business.
(f) Neither “use” nor “storage” includes the exercise of a right or power over or the keeping or retaining of tangible personal property for the purpose of:
(1) transporting the property outside the state for use solely outside the state; or
(2) processing, fabricating, or manufacturing the property into other property or attaching the property to or incorporating the property into other property to be transported outside the state for use solely outside the state.