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Business Taxes Law Guide—Revision 2024

Sales and Use Tax Annotations


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B


150.0000 Buildings and Other Property Affixed to Realty—Regulation 1596

Annotation 150.0620


150.0620 Transfer of Building in Place. The transfer (sale) of land to one entity and the building to another entity does not result in a sale of tangible personal property when the building is affixed to the land. The transfer of the building is treated as a sale of personal property and taxable only when the building is to be physically severed by the seller at the time of the sale. If the building is to be severed by the purchaser at the time of the sale, it is real property and the sale is not subject to tax. 9/7/93.