Laws, Regulations & Annotations

B

205.0000 BUSINESS INVENTORY EXEMPTION

Annotation 205.0270

205.0270 Returnable Containers. Pallets and rigid delivery cases are not normally containers within the meaning of Property Tax Rule 133, since their primary use is to facilitate transportation and handling of groups of products rather than containment of products as the rule contemplates, but they can be. For example, pallets containing manufactured bricks sold to and consumed by bricklayers are the primary containers of the bricks, and such pallets are eligible for the exemption if title to the pallets passes to the bricklayers.

Title provisions in a written contract, cost or value of containers vis-a-vis deposit amounts, conditions of return of containers, inclusion of sales tax reimbursement on containers, distinctive marking or construction of containers, and the merchant's method of accounting, where applicable, should be considered when determining whether title to returnable containers passes to the purchaser of the product. LTA 5/10/1983 (No. 83/59).