leasing industry overview - sales tax institute

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Leasing Industry Overview Copyright © Sales Tax Institute 1997-2018

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Leasing Industry Overview

Copyright © Sales Tax Institute 1997-2018

Leasing

• Transfer of possession without transfer of title - not a conditional sale

• Generally treated same as sales transaction for exemptions• IL & ME don’t include rental/lease in definition of sale

• Chicago taxes leases of personal property (tangible and intangible)

Copyright © Sales Tax Institute 1997-20182

Leasing

• Option in some states to pay tax up-front & no tax on payments

• Additional charges and fees generally exempt • Flow through type of use exemptions

Copyright © Sales Tax Institute 1997-20183

Other Leasing Issues

• Operating lease or financing lease • Tracking movable property• Lease with operator - service rather than lease• Lessor exemption documentation• Nexus• Lessee use tax when lessor pays tax up front

Copyright © Sales Tax Institute 1997-20184

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