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BTLG Table of Contents > Sales and Use Tax Annotations > B > 150.0000 Buildings And Other Property Affixed To Realty > Annotation 150.0535

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150.0000 Buildings and Other Property Affixed to Realty—Regulation 1596

Annotation 150.0535

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150.0535 Right of Removal. Company A owns and operates a plant which produces and circulates heated and chilled water to a hotel. The plant is on land owned by the hotel. The contract between A and the hotel runs for 25 years and the hotel has the option of extending for five terms of five years each. The hotel also has the right to purchase the plant at the expiration of the original 25 year term.

The plant was sold in place by A to Company B. A continued to operate the plant.

The sale of the plant constituted a sale of realty. The affixed property was sold in place. Neither A nor B contemplated removal of the property, and neither person had any present right of removal of the property either by the express terms of the lease agreement or by operation of law. 4/4/72.