Title 48, Chapter 8, Section 39
( 48-8-39)
(a) If a purchaser who gives a certificate stating that property is
purchased for resale makes any use of the property other than
retention, demonstration, or display while holding it for sale in
the regular course of business, the use shall be deemed a retail
sale by the purchaser as of the time the property is first used by
him and the cost of the property to him shall be deemed the gross
receipts from the retail sale. If the sole use of the property other
than retention, demonstration, or display in the regular course of
business is the rental of the property while holding it for sale or
the transportation of persons for hire while holding the property
for sale, the purchaser may elect to include in his gross receipts
either the amount of the rental charged or the total amount of the
charges made by him for the transportation rather than the cost of
the property to him. (b) If a person who engages in the business of processing,
manufacturing, or converting industrial materials into articles of
tangible personal property for sale, whether as custom-made or stock
items, makes any use of the article of tangible personal property
other than retaining, demonstrating, or displaying it for sale, the
use shall be deemed a retail sale as of the time the article is
first used by him and its fair market value at the time shall be
deemed the sales price of the article. If the sole use of the
article other than retaining, demonstrating, or displaying it for
sale is the rental of the article while holding it for sale, the
processor, manufacturer, or converter may elect to treat the amount
of the rental charged rather than the fair market value of the
article as its sales price. |