Saturday, June 2, 2012

Revenue Finds Equipment Purchased and Used in Kentucky Not Subject to Indiana Sales and Use Tax

Taxpayer asserts that its equipment purchases are not subject to Indiana use tax because the equipment was not used in Indiana. Taxpayer maintains that the equipment was delivered to its Kentucky business location, was used exclusively in Kentucky and Tennessee, and did not come into Indiana. Taxpayer states that all its customers are outside of Indiana, it runs it business operations out of the Kentucky location, and that it is only its administrative office that is located in Indiana.

During the course of the protest Taxpayer provided invoices, delivery documentation, its client list, and various other documents to demonstrate that the equipment was delivered to Kentucky and used exclusively in Kentucky and Tennessee. Therefore, Taxpayer has met its burden of demonstrating that these pieces of equipment were not delivered to or used in Indiana.