It is presumed that all gross proceeds are subject to the tax until the contrary is established. The burden of proof that the sale of tangible personal property is not a sale at retail is on the seller.
However, if the seller receives a resale certificate signed by the purchaser stating that the property is purchased for resale, the liability for the sales tax shifts from the seller to the purchaser.
The resale certificate must include the purchaser's name, address, retail sales tax license number, and any other provisions or information considered necessary by the department.
The department may require the seller to provide information it considers necessary for the administration of this section.
HISTORY: 1990 Act No. 612, Part II, Section 74A; 1991 Act No. 109, Section 9.
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