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BTLG Table of Contents > Sales and Use Tax Annotations > L > 330.0000 Leases Of Tangible Personal Property—In General > Annotation 330.2473

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330.0000 Leases of Tangible Personal Property—In General—Regulation 1660

Annotation 330.2473

(a) In General

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330.2473 Option to Obtain Services of Operator. If a lessee has the option of obtaining the leased property with or without an operator furnished by the lessor, the transaction will be taxed as a lease. If the lessor did not purchase the property tax-paid, tax will apply to lease receipts. If the property is leased in substantially the same form as acquired, the lessor may elect at the time of purchasing the property to pay tax or tax reimbursement on the purchase price. In that event, tax will not apply to lease receipts and it will not matter if the furnishing of an operator by the lessor is optional or mandatory. 12/9/93.