Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2018

Sales and Use Tax Annotations

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475.0000 RESALE CERTIFICATES—Regulation 1668

Annotation 475.0164

475.0164 Photographic Stock House. A photographic stock house has images on loan from contributing photographers who grant the stock house permission to act as their agent in leasing their photographs for advertising and editorial usage. In some cases, the stock house does not have on file a photograph sought by its customer. The stock house will go to another stock house for the photographs and submit these photographs to the customer. If the customer leases the photograph, the stock house inquires as to how these transactions should be handled for sales and use tax purposes.

The stock house should issue a resale certificate to the other stock house. This latter stock house does not need to report, pay, or collect tax on the transaction. Rather, the stock house issuing the resale certificate should report and pay tax on the full charge made to the customer. Tax is due only at the retail level computed upon the retail price. 2/10/87.