Page:United States Statutes at Large Volume 63 Part 1.djvu/152

 PUBLIC LAWS-CH. 146-MAY 27, 1949 real property, regardless of whether or not such real property is to be sold or resold. (6) The grant of the right to continuous possession or use of any article of tangible personal property granted under a lease or contract if such grant of possession would be taxable if outright sale were made; in such event such lease or contract shall be considered the sale of such article and the tax shall be computed and paid by the vendor upon the rentals paid. Exemptions. (b) The term "retail sale" and "sale at retail" shall not include the following: (1) Sales of tickets for admission to places of amusement and sports. (2) Sales of transportation and communication services. (3) Professional, insurance, or personal service transactions which involve sales as inconsequential elements for which no separate charges are made. (4) Any sale in which the only transaction in the District is the mere execution of the contract of sale and in which the tangible personal property sold is not in the District at the time of such execution: Provided, however, That nothing contained in this sub- section shall be construed to be an exemption from the tax imposed post, p.1 under title II of this Act. " Return." SEC. 115. "Return" includes any return filed or required to be filed as herein provided. "Sales price." SEC. 116. (a) "Sales price" means the total amount paid by a pur- chaser to a vendor as consideration for a retail sale, valued in money, whether paid in money or otherwise, without any deduction on account of any of the following: (1) The cost of the property sold. (2) The cost of materials used, labor or service cost, interest charged, losses, or any other expenses. (3) The cost of transportation of the property prior to its sale at retail. The total amount of the sales price includes all of the follow- ing: a. Any services that are a part of the sale. b. Any amount for which credit is given to the purchaser by the vendor. Exemptions. The term 'sales price" does not include any of the following: 1 Cash discounts allowed and taken on sales. (2 The amount charged for property returned by purchasers to vendors upon rescission of contracts of sale when the entire amounts charged therefor are refunded either in cash or credit, and when the property is returned within ninety days from the date of sale. (3) The amount charged for labor or services rendered in installing or applying the property sold. (4) The amount of reimbursement of tax paid by the purchaser to the vendor under this title. (5) Transportation charges separately stated, if the transportation occurs after the sale of the property is made. ale;seling." SEC. 117. "Sale" and "selling" mean any transaction whereby title or possession, or both, of tangible personal property is or is to be transferred by any means whatsoever for a consideration by a vendor to a purchaser, or any transaction whereby services subject to tax under this title are rendered for consideration or are sold to any purchaser by any vendor, and shall include, but not be limited to, any "sale at retail" as defined in this title. Such consideration may be either in the form of a price in money, rights, or property, or by exchange or barter, and may be payable immediately, in the future, or by installments. tutionb. c inst- SEC. 118. "Semipublic institution" means any corporation, and any community chest, fund, or foundation, organized exclusively for 114 [63 STAT.

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