Ohio § 5739.02

§ 5739.02.

For the purpose of providing revenue with which to meet the needs of the state, for

the use of the general revenue fund of the state, for the purpose of securing a thorough

and efficient system of common schools throughout the state, for the purpose of affording

revenues, in addition to those from general property taxes, permitted under constitutional

limitations, and from other sources, for the support of local governmental functions,

and for the purpose of reimbursing the state for the expense of administering this

chapter, an excise tax is hereby levied on each retail sale made in this state. (A)(1) The tax shall be collected as provided in section 5739.025 of the Revised Code .  The rate of the tax shall be five and three-fourths per cent.  The tax applies and is collectible when the sale is made, regardless of the time

when the price is paid or delivered. (2) In the case of the lease or rental, with a fixed term of more than thirty days or

an indefinite term with a minimum period of more than thirty days, of any motor vehicles

designed by the manufacturer to carry a load of not more than one ton, watercraft,

outboard motor, or aircraft, or of any tangible personal property, other than motor

vehicles designed by the manufacturer to carry a load of more than one ton, to be

used by the lessee or renter primarily for business purposes, the tax shall be collected

by the vendor at the time the lease or rental is consummated and shall be calculated

by the vendor on the basis of the total amount to be paid by the lessee or renter

under the lease agreement.  If the total amount of the consideration for the lease or rental includes amounts

that are not calculated at the time the lease or rental is executed, the tax shall

be calculated and collected by the vendor at the time such amounts are billed to the

lessee or renter.  In the case of an open-end lease or rental, the tax shall be calculated by the vendor

on the basis of the total amount to be paid during the initial fixed term of the lease

or rental, and for each subsequent renewal period as it comes due.  As used in this division, “motor vehicle” has the same meaning as in section 4501.01 of the Revised Code , and “ watercraft ” includes an outdrive unit attached to the watercraft. A lease with a renewal clause and a termination penalty or similar provision that

applies if the renewal clause is not exercised is presumed to be a sham transaction.  In such a case, the tax shall be calculated and paid on the basis of the entire

length of the lease period, including any renewal periods, until the termination penalty

or similar provision no longer applies.  The taxpayer shall bear the burden, by a preponderance of the evidence, that the

transaction or series of transactions is not a sham transaction. (3) Except as provided in division (A)(2) of this section, in the case of a sale, the

price of which consists in whole or in part of the lease or rental of tangible personal

property, the tax shall be measured by the installments of that lease or rental. (4) In the case of a sale of a physical fitness facility service or recreation and sports

club service, the price of which consists in whole or in part of a membership for

the receipt of the benefit of the service, the tax applicable to the sale shall be

measured by the installments thereof. (B) The tax does not apply to the following: (1) Sales to the state or any of its political subdivisions, or to any other state or

its political subdivisions if the laws of that state exempt from taxation sales made

to this state and its political subdivisions including either of the following: (a) Sales or rentals of tangible personal property by construction contractors or subcontractors

to provide temporary traffic control or temporary structures, including material and

equipment used to comply with the Ohio manual of uniform traffic control devices adopted

pursuant to section 4511.09 of the Revised Code , whereby the state or any of its political subdivisions take title to, or permanent

or temporary possession of, such tangible personal property for use by the state or

any of its political subdivisions, including for use by the general public thereof; (b) Sales of services by construction contractors or subcontractors to provide temporary

traffic control or structures, including labor used to comply with the Ohio manual

of uniform traffic control devices adopted pursuant to section 4511.09 of the Revised Code , whereby the state or any of its political subdivisions, including the general public

thereof, receive the benefit of such services. As used in divisions (B)(1)(a) and (b) of this section, “ temporary structures ” include temporary roads, bridges, drains, and pavement. (2) Sales of food for human consumption off the premises where sold; (3) Sales of food sold to students only in a cafeteria, dormitory, fraternity, or sorority

maintained in a private, public, or parochial school, college, or university; (4) Sales of newspapers and sales or transfers of magazines distributed as controlled

circulation publications; (5) The furnishing, preparing, or serving of meals without charge by an employer to an

employee provided the employer records the meals as part compensation for services

performed or work done; (6)(a) Sales of motor fuel upon receipt, use, distribution, or sale of which in this state

a tax is imposed by the law of this state, but this exemption shall not apply to the

sale of motor fuel on which a refund of the tax is allowable under division (A) of section 5735.14 of the Revised Code ;  and the tax commissioner may deduct the amount of tax levied by this section applicable

to the price of motor fuel when granting a refund of motor fuel tax pursuant to division (A) of section 5735.14 of the Revised Code and shall cause the amount deducted to be paid into the general revenue fund of this

state; (b) Sales of motor fuel other than that described in division (B)(6)(a) of this section

and used for powering a refrigeration unit on a vehicle other than one used primarily

to provide comfort to the operator or occupants of the vehicle. (7) Sales of natural gas by a natural gas company or municipal gas utility, of water

by a water-works company, or of steam by a heating company, if in each case the thing

sold is delivered to consumers through pipes or conduits, and all sales of communications

services by a telegraph company, all terms as defined in section 5727.01 of the Revised Code , and sales of electricity delivered through wires; (8) Casual sales by a person, or auctioneer employed directly by the person to conduct

such sales, except as to such sales of motor vehicles, watercraft or outboard motors

required to be titled under section 1548.06 of the Revised Code , watercraft documented with the United States coast guard, snowmobiles, and all-purpose

vehicles as defined in section 4519.01 of the Revised Code ; (9)(a) Sales of services or tangible personal property, other than motor vehicles, mobile

homes, and manufactured homes, by churches, organizations exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986, or nonprofit organizations operated exclusively for charitable purposes

as defined in division (B)(12) of this section, provided that the number of days on

which such tangible personal property or services, other than items never subject

to the tax, are sold does not exceed six in any calendar year, except as otherwise

provided in division (B)(9)(b) of this section.  If the number of days on which such sales are made exceeds six in any calendar year,

the church or organization shall be considered to be engaged in business and all subsequent

sales by it shall be subject to the tax.  In counting the number of days, all sales by groups within a church or within an

organization shall be considered to be sales of that church or organization. (b) The limitation on the number of days on which tax-exempt sales may be made by a church

or organization under division (B)(9)(a) of this section does not apply to sales made

by student clubs and other groups of students of a primary or secondary school, or

a parent-teacher association, booster group, or similar organization that raises money

to support or fund curricular or extracurricular activities of a primary or secondary

school. (c) Divisions (B)(9)(a) and (b) of this section do not apply to sales by a noncommercial

educational radio or television broadcasting station. (10) Sales not within the taxing power of this state under the Constitution or laws of

the United States or the Constitution of this state including either of the following: (a) Sales or rentals of tangible personal property by construction contractors or subcontractors

to provide temporary traffic control or temporary structures, including material and

equipment used to comply with the Ohio manual of uniform traffic control devices adopted

pursuant to section 4511.09 of the Revised Code , whereby the United States takes title to, or permanent or temporary possession of,

such tangible personal property for use by the United States including for use by

the general public thereof; (b) Sales of services by construction contractors or subcontractors to provide temporary

traffic control or structures, including labor used to comply with the Ohio manual

of uniform traffic control devices adopted pursuant to section 4511.09 of the Revised Code , whereby the United States, including the general public thereof, receives the benefit

of such services. As used in divisions (B)(10)(a) and (b) of this section, “ temporary structures ” include temporary roads, bridges, drains, and pavement. (11) Except for transactions that are sales under division (B)(3)(p) of section 5739.01 of the Revised Code , the transportation of persons or property, unless the transportation is by a private

investigation and security service; (12) Sales of tangible personal property or services to churches, to organizations exempt

from taxation under section 501(c)(3) of the Internal Revenue Code of 1986 , and to any other nonprofit organizations operated exclusively for charitable purposes

in this state, no part of the net income of which inures to the benefit of any private

shareholder or individual, and no substantial part of the activities of which consists

of carrying on propaganda or otherwise attempting to influence legislation;  sales

to offices administering one or more homes for the aged or one or more hospital facilities

exempt under section 140.08 of the Revised Code ;  and sales to organizations described in division (D) of section 5709.12 of the Revised Code . “ Charitable purposes ” means the relief of poverty;  the improvement of health through the alleviation

of illness, disease, or injury;  the operation of an organization exclusively for

the provision of professional, laundry, printing, and purchasing services to hospitals

or charitable institutions;  the operation of a home for the aged, as defined in section 5701.13 of the Revised Code ;  the operation of a radio or television broadcasting station that is licensed by

the federal communications commission as a noncommercial educational radio or television

station;  the operation of a nonprofit animal adoption service or a county humane

society;  the promotion of education by an institution of learning that maintains

a faculty of qualified instructors, teaches regular continuous courses of study, and

confers a recognized diploma upon completion of a specific curriculum;  the operation

of a parent-teacher association, booster group, or similar organization primarily

engaged in the promotion and support of the curricular or extracurricular activities

of a primary or secondary school;  the operation of a community or area center in

which presentations in music, dramatics, the arts, and related fields are made in

order to foster public interest and education therein;  the production of performances

in music, dramatics, and the arts;  or the promotion of education by an organization

engaged in carrying on research in, or the dissemination of, scientific and technological

knowledge and information primarily for the public. Nothing in this division shall be deemed to exempt sales to any organization for use

in the operation or carrying on of a trade or business, or sales to a home for the

aged for use in the operation of independent living facilities as defined in division (A) of section 5709.12 of the Revised Code . (13) Building and construction materials and services sold to construction contractors

for incorporation into a structure or improvement to real property under a construction

contract with this state or a political subdivision of this state, or with the United

States government or any of its agencies;  building and construction materials and

services sold to construction contractors for incorporation into a structure or improvement

to real property that are accepted for ownership by this state or any of its political

subdivisions, or by the United States government or any of its agencies at the time

of completion of the structures or improvements;  building and construction materials

sold to construction contractors for incorporation into a horticulture structure or

livestock structure for a person engaged in the business of horticulture or producing

livestock;  building materials and services sold to a construction contractor for

incorporation into a house of public worship or religious education, or a building

used exclusively for charitable purposes under a construction contract with an organization

whose purpose is as described in division (B)(12) of this section;  building materials

and services sold to a construction contractor for incorporation into a building under

a construction contract with an organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986 when the building is to be used exclusively for the organization's exempt purposes;

 tangible personal property sold for incorporation into the construction of a sports

facility under section 307.696 of the Revised Code ;  building and construction materials and services sold to a construction contractor

for incorporation into real property outside this state if such materials and services,

when sold to a construction contractor in the state in which the real property is

located for incorporation into real property in that state, would be exempt from a

tax on sales levied by that state;  building and construction materials for incorporation

into a transportation facility pursuant to a public-private agreement entered into

under sections 5501.70 to 5501.83 of the Revised Code ;  until one calendar year after the construction of a convention center that qualifies

for property tax exemption under section 5709.084 of the Revised Code is completed, building and construction materials and services sold to a construction

contractor for incorporation into the real property comprising that convention center;

 and building and construction materials sold for incorporation into a structure or

improvement to real property that is used primarily as, or primarily in support of,

a manufacturing facility or research and development facility and that is to be owned

by a megaproject operator upon completion and located at the site of a megaproject

that satisfies the criteria described in division (A)(11)(a)(ii) of section 122.17 of the Revised Code , provided that the sale occurs during the period that the megaproject operator has

an agreement for such megaproject with the tax credit authority under division (D) of section 122.17 of the Revised Code that remains in effect and has not expired or been terminated. This division does not apply to building and construction materials and services sold

to construction contractors for incorporation into a structure or improvement to real

property under a construction contract with a port authority if the contract is subject

to section 4582.72 of the Revised Code but approval from the appropriate board of county commissioners, as required by that

section, has not been obtained. (14) Sales of ships or vessels or rail rolling stock used or to be used principally in

interstate or foreign commerce, and repairs, alterations, fuel, and lubricants for

such ships or vessels or rail rolling stock; (15) Sales to persons primarily engaged in any of the activities mentioned in division

(B)(42)(a), (g), or (h) of this section, to persons engaged in making retail sales,

or to persons who purchase for sale from a manufacturer tangible personal property

that was produced by the manufacturer in accordance with specific designs provided

by the purchaser, of packages, including material, labels, and parts for packages,

and of machinery, equipment, and material for use primarily in packaging tangible

personal property produced for sale, including any machinery, equipment, and supplies

used to make labels or packages, to prepare packages or products for labeling, or

to label packages or products, by or on the order of the person doing the packaging,

or sold at retail.  “ Packages ” includes bags, baskets, cartons, crates, boxes, cans, bottles, bindings, wrappings,

and other similar devices and containers, but does not include motor vehicles or bulk

tanks, trailers, or similar devices attached to motor vehicles.  “ Packaging ” means placing in a package.  Division (B)(15) of this section does not apply to persons engaged in highway transportation

for hire. (16) Sales of food to persons using supplemental nutrition assistance program benefits

to purchase the food.  As used in this division, “food” has the same meaning as in 7 U.S.C. 2012 and federal regulations adopted pursuant to the Food and Nutrition Act of 2008. 1 (17) Sales to persons engaged in farming, agriculture, horticulture, or floriculture,

of tangible personal property for use or consumption primarily in the production by

farming, agriculture, horticulture, or floriculture of other tangible personal property

for use or consumption primarily in the production of tangible personal property for

sale by farming, agriculture, horticulture, or floriculture;  or material and parts

for incorporation into any such tangible personal property for use or consumption

in production;  and of tangible personal property for such use or consumption in the

conditioning or holding of products produced by and for such use, consumption, or

sale by persons engaged in farming, agriculture, horticulture, or floriculture, except

where such property is incorporated into real property; (18) Sales of drugs for a human being that may be dispensed only pursuant to a prescription;

 insulin as recognized in the official United States pharmacopoeia;  urine and blood

testing materials when used by diabetics or persons with hypoglycemia to test for

glucose or acetone;  hypodermic syringes and needles when used by diabetics for insulin

injections;  epoetin alfa when purchased for use in the treatment of persons with

medical disease;  hospital beds when purchased by hospitals, nursing homes, or other

medical facilities;  and medical oxygen and medical oxygen-dispensing equipment when

purchased by hospitals, nursing homes, or other medical facilities; (19) Sales of prosthetic devices, durable medical equipment for home use, or mobility

enhancing equipment, when made pursuant to a prescription and when such devices or

equipment are for use by a human being. (20) Sales of emergency and fire protection vehicles and equipment to nonprofit organizations

for use solely in providing fire protection and emergency services, including trauma

care and emergency medical services, for political subdivisions of the state; (21) Sales of tangible personal property manufactured in this state, if sold by the manufacturer

in this state to a retailer for use in the retail business of the retailer outside

of this state and if possession is taken from the manufacturer by the purchaser within

this state for the sole purpose of immediately removing the same from this state in

a vehicle owned by the purchaser; (22) Sales of services provided by the state or any of its political subdivisions, agencies,

instrumentalities, institutions, or authorities, or by governmental entities of the

state or any of its political subdivisions, agencies, instrumentalities, institutions,

or authorities; (23) Sales of motor vehicles to nonresidents of this state under the circumstances described

in division (B) of section 5739.029 of the Revised Code ; (24) Sales to persons engaged in the preparation of eggs for sale of tangible personal

property used or consumed directly in such preparation, including such tangible personal

property used for cleaning, sanitizing, preserving, grading, sorting, and classifying

by size;  packages, including material and parts for packages, and machinery, equipment,

and material for use in packaging eggs for sale;  and handling and transportation

equipment and parts therefor, except motor vehicles licensed to operate on public

highways, used in intraplant or interplant transfers or shipment of eggs in the process

of preparation for sale, when the plant or plants within or between which such transfers

or shipments occur are operated by the same person.  “ Packages ” includes containers, cases, baskets, flats, fillers, filler flats, cartons, closure

materials, labels, and labeling materials, and “ packaging ” means placing therein. (25)(a) Sales of water to a consumer for residential use; (b) Sales of water by a nonprofit corporation engaged exclusively in the treatment, distribution,

and sale of water to consumers, if such water is delivered to consumers through pipes

or tubing. (26) Fees charged for inspection or reinspection of motor vehicles under section 3704.14 of the Revised Code ; (27) Sales to persons licensed to conduct a food service operation pursuant to section 3717.43 of the Revised Code , of tangible personal property primarily used directly for the following: (a) To prepare food for human consumption for sale; (b) To preserve food that has been or will be prepared for human consumption for sale

by the food service operator, not including tangible personal property used to display

food for selection by the consumer; (c) To clean tangible personal property used to prepare or serve food for human consumption

for sale. (28) Sales of animals by nonprofit animal adoption services or county humane societies; (29) Sales of services to a corporation described in division (A) of section 5709.72 of the Revised Code , and sales of tangible personal property that qualifies for exemption from taxation

under section 5709.72 of the Revised Code ; (30) Sales and installation of agricultural land tile, as defined in division (B)(5)(a) of section 5739.01 of the Revised Code ; (31) Sales and erection or installation of portable grain bins, as defined in division (B)(5)(b) of section 5739.01 of the Revised Code ; (32) The sale, lease, repair, and maintenance of, parts for, or items attached to or incorporated

in, motor vehicles that are primarily used for transporting tangible personal property

belonging to others by a person engaged in highway transportation for hire, except

for packages and packaging used for the transportation of tangible personal property; (33) Sales to the state headquarters of any veterans' organization in this state that

is either incorporated and issued a charter by the congress of the United States or

is recognized by the United States veterans administration, for use by the headquarters; (34) Sales to a telecommunications service vendor, mobile telecommunications service vendor,

or satellite broadcasting service vendor of tangible personal property and services

used directly and primarily in transmitting, receiving, switching, or recording any

interactive, one- or two-way electromagnetic communications, including voice, image,

data, and information, through the use of any medium, including, but not limited to,

poles, wires, cables, switching equipment, computers, and record storage devices and

media, and component parts for the tangible personal property.  The exemption provided in this division shall be in lieu of all other exemptions

under division (B)(42)(a) or (n) of this section to which the vendor may otherwise

be entitled, based upon the use of the thing purchased in providing the telecommunications,

mobile telecommunications, or satellite broadcasting service. (35) Sales of strollers meant for transporting children from infancy to about thirty-six

months of age that meet the United States consumer product safety commission safety

standard for carriages and strollers under 16 C.F.R. 1227.2 . (36) Sales to a person engaged in the business of horticulture or producing livestock

of materials to be incorporated into a horticulture structure or livestock structure; (37) Sales of personal computers, computer monitors, computer keyboards, modems, and other

peripheral computer equipment to an individual who is licensed or certified to teach

in an elementary or a secondary school in this state for use by that individual in

preparation for teaching elementary or secondary school students; (38) Sales of tangible personal property that is not required to be registered or licensed

under the laws of this state to a citizen of a foreign nation that is not a citizen

of the United States, provided the property is delivered to a person in this state

that is not a related member of the purchaser, is physically present in this state

for the sole purpose of temporary storage and package consolidation, and is subsequently

delivered to the purchaser at a delivery address in a foreign nation.  As used in division (B)(38) of this section, “related member” has the same meaning

as in section 5733.042 of the Revised Code , and “ temporary storage ” means the storage of tangible personal property for a period of not more than sixty

days. (39) Sales of used manufactured homes and used mobile homes, as defined in section 5739.0210 of the Revised Code , made on or after January 1, 2000; (40) Sales of tangible personal property and services to a provider of electricity used

or consumed directly and primarily in generating, transmitting, or distributing electricity

for use by others, including property that is or is to be incorporated into and will

become a part of the consumer's production, transmission, or distribution system and

that retains its classification as tangible personal property after incorporation;

 fuel or power used in the production, transmission, or distribution of electricity;

 energy conversion equipment as defined in section 5727.01 of the Revised Code ;  and tangible personal property and services used in the repair and maintenance

of the production, transmission, or distribution system, including only those motor

vehicles as are specially designed and equipped for such use.  The exemption provided in this division shall be in lieu of all other exemptions

in division (B)(42)(a) or (n) of this section to which a provider of electricity may

otherwise be entitled based on the use of the tangible personal property or service

purchased in generating, transmitting, or distributing electricity. (41) Sales to a person providing services under division (B)(3)(p) of section 5739.01 of the Revised Code of tangible personal property and services used directly and primarily in providing

taxable services under that section. (42) Sales where the purpose of the purchaser is to do any of the following: (a) To incorporate the thing transferred as a material or a part into tangible personal

property to be produced for sale by manufacturing, assembling, processing, or refining;

 or to use or consume the thing transferred directly in producing tangible personal

property for sale by mining, including, without limitation, the extraction from the

earth of all substances that are classed geologically as minerals, or directly in

the rendition of a public utility service, except that the sales tax levied by this

section shall be collected upon all meals, drinks, and food for human consumption

sold when transporting persons.  This paragraph does not exempt from “retail sale” or “sales at retail” the sale

of tangible personal property that is to be incorporated into a structure or improvement

to real property. (b) To hold the thing transferred as security for the performance of an obligation of

the vendor; (c) To resell, hold, use, or consume the thing transferred as evidence of a contract

of insurance; (d) To use or consume the thing directly in commercial fishing; (e) To incorporate the thing transferred as a material or a part into, or to use or consume

the thing transferred directly in the production of, magazines distributed as controlled

circulation publications; (f) To use or consume the thing transferred in the production and preparation in suitable

condition for market and sale of printed, imprinted, overprinted, lithographic, multilithic,

blueprinted, photostatic, or other productions or reproductions of written or graphic

matter; (g) To use the thing transferred, as described in section 5739.011 of the Revised Code , primarily in a manufacturing operation to produce tangible personal property for

sale; (h) To use the benefit of a warranty, maintenance or service contract, or similar agreement,

as described in division (B)(7) of section 5739.01 of the Revised Code , to repair or maintain tangible personal property, if all of the property that is

the subject of the warranty, contract, or agreement would not be subject to the tax

imposed by this section; (i) To use the thing transferred as qualified research and development equipment; (j) To use or consume the thing transferred primarily in storing, transporting, mailing,

or otherwise handling purchased sales inventory in a warehouse, distribution center,

or similar facility when the inventory is primarily distributed outside this state

to retail stores of the person who owns or controls the warehouse, distribution center,

or similar facility, to retail stores of an affiliated group of which that person

is a member, or by means of direct marketing.  This division does not apply to motor vehicles registered for operation on the public

highways.  As used in this division, “affiliated group” has the same meaning as in division (B)(3)(e) of section 5739.01 of the Revised Code and “ direct marketing ” means the method of selling where consumers order tangible personal property by

United States mail, delivery service, or telecommunication and the vendor delivers

or ships the tangible personal property sold to the consumer from a warehouse, catalogue

distribution center, or similar fulfillment facility by means of the United States

mail, delivery service, or common carrier. (k) To use or consume the thing transferred to fulfill a contractual obligation incurred

by a warrantor pursuant to a warranty provided as a part of the price of the tangible

personal property sold or by a vendor of a warranty, maintenance or service contract,

or similar agreement the provision of which is defined as a sale under division (B)(7) of section 5739.01 of the Revised Code ; (l) To use or consume the thing transferred in the production of a newspaper for distribution

to the public; (m) To use tangible personal property to perform a service listed in division (B)(3) of section 5739.01 of the Revised Code , if the property is or is to be permanently transferred to the consumer of the service

as an integral part of the performance of the service; (n) To use or consume the thing transferred primarily in producing tangible personal

property for sale by farming, agriculture, horticulture, or floriculture.  Persons engaged in rendering farming, agriculture, horticulture, or floriculture

services for others are deemed engaged primarily in farming, agriculture, horticulture,

or floriculture.  This paragraph does not exempt from “retail sale” or “sales at retail” the sale

of tangible personal property that is to be incorporated into a structure or improvement

to real property. (q) 2 To use or consume the thing transferred directly in production of crude oil and natural

gas for sale.  Persons engaged in rendering production services for others are deemed engaged in

production. As used in division (B)(42)(q) of this section, “ production ” means operations and tangible personal property directly used to expose and evaluate

an underground reservoir that may contain hydrocarbon resources, prepare the wellbore

for production, and lift and control all substances yielded by the reservoir to the

surface of the earth. (i) For the purposes of division (B)(42)(q) of this section, the “ thing transferred ” includes, but is not limited to, any of the following: (I) Services provided in the construction of permanent access roads, services provided

in the construction of the well site, and services provided in the construction of

temporary impoundments; (II) Equipment and rigging used for the specific purpose of creating with integrity a

wellbore pathway to underground reservoirs; (III) Drilling and workover services used to work within a subsurface wellbore, and tangible

personal property directly used in providing such services; (IV) Casing, tubulars, and float and centralizing equipment; (V) Trailers to which production equipment is attached; (VI) Well completion services, including cementing of casing, and tangible personal property

directly used in providing such services; (VII) Wireline evaluation, mud logging, and perforation services, and tangible personal

property directly used in providing such services; (VIII) Reservoir stimulation, hydraulic fracturing, and acidizing services, and tangible

personal property directly used in providing such services, including all material

pumped downhole; (IX) Pressure pumping equipment; (X) Artificial lift systems equipment; (XI) Wellhead equipment and well site equipment used to separate, stabilize, and control

hydrocarbon phases and produced water; (XII) Tangible personal property directly used to control production equipment. (ii) For the purposes of division (B)(42)(q) of this section, the “ thing transferred ” does not include any of the following: (I) Tangible personal property used primarily in the exploration and production of any

mineral resource regulated under Chapter 1509. of the Revised Code other than oil

or gas; (II) Tangible personal property used primarily in storing, holding, or delivering solutions

or chemicals used in well stimulation as defined in section 1509.01 of the Revised Code ; (III) Tangible personal property used primarily in preparing, installing, or reclaiming

foundations for drilling or pumping equipment or well stimulation material tanks; (IV) Tangible personal property used primarily in transporting, delivering, or removing

equipment to or from the well site or storing such equipment before its use at the

well site; (V) Tangible personal property used primarily in gathering operations occurring off the

well site, including gathering pipelines transporting hydrocarbon gas or liquids away

from a crude oil or natural gas production facility; (VI) Tangible personal property that is to be incorporated into a structure or improvement

to real property; (VII) Well site fencing, lighting, or security systems; (VIII) Communication devices or services; (IX) Office supplies; (X) Trailers used as offices or lodging; (XI) Motor vehicles of any kind; (XII) Tangible personal property used primarily for the storage of drilling byproducts

and fuel not used for production; (XIII) Tangible personal property used primarily as a safety device; (XIV) Data collection or monitoring devices; (XV) Access ladders, stairs, or platforms attached to storage tanks. The enumeration of tangible personal property in division (B)(42)(q)(ii) of this section

is not intended to be exhaustive, and any tangible personal property not so enumerated

shall not necessarily be construed to be a “thing transferred” for the purposes of

division (B)(42)(q) of this section. The commissioner shall adopt and promulgate rules under sections 119.01 to 119.13 of the Revised Code that the commissioner deems necessary to administer division (B)(42)(q) of this section. As used in division (B)(42) of this section, “ thing ” includes all transactions included in divisions (B)(3)(a), (b), and (e) of section

5739.01 of the Revised Code. (43) Sales conducted through a coin operated device that activates vacuum equipment or

equipment that dispenses water, whether or not in combination with soap or other cleaning

agents or wax, to the consumer for the consumer's use on the premises in washing,

cleaning, or waxing a motor vehicle, provided no other personal property or personal

service is provided as part of the transaction. (44) Sales of replacement and modification parts for engines, airframes, instruments,

and interiors in, and paint for, aircraft used primarily in a fractional aircraft

ownership program, and sales of services for the repair, modification, and maintenance

of such aircraft, and machinery, equipment, and supplies primarily used to provide

those services. (45) The fee imposed by section 3743.22 of the Revised Code , if it is separately stated on the invoice, bill of sale, or similar document given

by the vendor to the consumer for a retail sale made in this state. (46) Sales by a telecommunications service vendor of 900 service to a subscriber.  This division does not apply to information services. (47) Sales of value-added non-voice data service.  This division does not apply to any similar service that is not otherwise a telecommunications

service. (48) Sales of feminine hygiene products. (49) Sales of materials, parts, equipment, or engines used in the repair or maintenance

of aircraft or avionics systems of such aircraft, and sales of repair, remodeling,

replacement, or maintenance services in this state performed on aircraft or on an

aircraft's avionics, engine, or component materials or parts.  As used in division (B)(49) of this section, “ aircraft ” means aircraft of more than six thousand pounds maximum certified takeoff weight

or used exclusively in general aviation. (50) Sales of full flight simulators that are used for pilot or flight-crew training,

sales of repair or replacement parts or components, and sales of repair or maintenance

services for such full flight simulators.  “ Full flight simulator ” means a replica of a specific type, or make, model, and series of aircraft cockpit.  It includes the assemblage of equipment and computer programs necessary to represent

aircraft operations in ground and flight conditions, a visual system providing an

out-of-the-cockpit view, and a system that provides cues at least equivalent to those

of a three-degree-of-freedom motion system, and has the full range of capabilities

of the systems installed in the device as described in appendices A and B of part 60 of chapter 1 of title 14 of the Code of Federal Regulations . (51) Any transfer or lease of tangible personal property between the state and JobsOhio

in accordance with section 4313.02 of the Revised Code . (52)(a) Sales to a qualifying corporation. (b) As used in division (B)(52) of this section: (i) “ Qualifying corporation ” means a nonprofit corporation organized in this state that leases from an eligible

county land, buildings, structures, fixtures, and improvements to the land that are

part of or used in a public recreational facility used by a major league professional

athletic team or a class A to class AAA minor league affiliate of a major league professional

athletic team for a significant portion of the team's home schedule, provided the

following apply: (I) The facility is leased from the eligible county pursuant to a lease that requires

substantially all of the revenue from the operation of the business or activity conducted

by the nonprofit corporation at the facility in excess of operating costs, capital

expenditures, and reserves to be paid to the eligible county at least once per calendar

year. (II) Upon dissolution and liquidation of the nonprofit corporation, all of its net assets

are distributable to the board of commissioners of the eligible county from which

the corporation leases the facility. (ii) “Eligible county” has the same meaning as in section 307.695 of the Revised Code . (53) Sales to or by a cable service provider, video service provider, or radio or television

broadcast station regulated by the federal government of cable service or programming,

video service or programming, audio service or programming, or electronically transferred

digital audiovisual or audio work.  As used in division (B)(53) of this section, “cable service” and “cable service

provider” have the same meanings as in section 1332.01 of the Revised Code , and “video service,” “video service provider,” and “video programming” have the

same meanings as in section 1332.21 of the Revised Code . (54) Sales of a digital audio work electronically transferred for delivery through use

of a machine, such as a juke box, that does all of the following: (a) Accepts direct payments to operate; (b) Automatically plays a selected digital audio work for a single play upon receipt

of a payment described in division (B)(54)(a) of this section; (c) Operates exclusively for the purpose of playing digital audio works in a commercial

establishment. (55)(a) Sales of the following occurring on the first Friday of August and the following

Saturday and Sunday of any year, except in 2024 or any subsequent year in which a

sales tax holiday is held pursuant to section 5739.41 of the Revised Code : (i) An item of clothing, the price of which is seventy-five dollars or less; (ii) An item of school supplies, the price of which is twenty dollars or less; (iii) An item of school instructional material, the price of which is twenty dollars or

less. (b) As used in division (B)(55) of this section: (i) “ Clothing ” means all human wearing apparel suitable for general use.  “ Clothing ” includes, but is not limited to, aprons, household and shop;  athletic supporters;

 baby receiving blankets;  bathing suits and caps;  beach capes and coats;  belts

and suspenders;  boots;  coats and jackets;  costumes;  diapers, children and adult,

including disposable diapers;  earmuffs;  footlets;  formal wear;  garters and garter

belts;  girdles;  gloves and mittens for general use;  hats and caps;  hosiery;  insoles

for shoes;  lab coats;  neckties;  overshoes;  pantyhose;  rainwear;  rubber pants;

 sandals;  scarves;  shoes and shoe laces;  slippers;  sneakers;  socks and stockings;

 steel-toed shoes;  underwear;  uniforms, athletic and nonathletic;  and wedding apparel.  “Clothing” does not include items purchased for use in a trade or business;  clothing

accessories or equipment;  protective equipment;  sports or recreational equipment;

 belt buckles sold separately;  costume masks sold separately;  patches and emblems

sold separately;  sewing equipment and supplies including, but not limited to, knitting

needles, patterns, pins, scissors, sewing machines, sewing needles, tape measures,

and thimbles;  and sewing materials that become part of “clothing” including, but

not limited to, buttons, fabric, lace, thread, yarn, and zippers. (ii) “ School supplies ” means items commonly used by a student in a course of study.  “ School supplies ” includes only the following items:  binders;  book bags;  calculators;  cellophane

tape;  blackboard chalk;  compasses;  composition books;  crayons;  erasers;  folders,

expandable, pocket, plastic, and manila;  glue, paste, and paste sticks;  highlighters;

 index cards;  index card boxes;  legal pads;  lunch boxes;  markers;  notebooks;

 paper, loose-leaf ruled notebook paper, copy paper, graph paper, tracing paper, manila

paper, colored paper, poster board, and construction paper;  pencil boxes and other

school supply boxes;  pencil sharpeners;  pencils;  pens;  protractors;  rulers;  scissors;

 and writing tablets.  “ School supplies ” does not include any item purchased for use in a trade or business. (iii) “ School instructional material ” means written material commonly used by a student in a course of study as a reference

and to learn the subject being taught.  “ School instructional material ” includes only the following items:  reference books, reference maps and globes,

textbooks, and workbooks.  “ School instructional material ” does not include any material purchased for use in a trade or business. (56)(a) Sales of adult diapers or incontinence underpads sold pursuant to a prescription,

for the benefit of a medicaid recipient with a diagnosis of incontinence, and by a

medicaid provider that maintains a valid provider agreement under section 5164.30 of the Revised Code with the department of medicaid, provided that the medicaid program covers diapers

or incontinence underpads as an incontinence garment. (b) As used in division (B)(56)(a) of this section, “ incontinence underpad ” means an absorbent product, not worn on the body, designed to protect furniture

or other tangible personal property from soiling or damage due to human incontinence. (57) Sales of investment metal bullion and investment coins.  “ Investment metal bullion ” means any bullion described in section 408(m)(3)(B) of the Internal Revenue Code , regardless of whether that bullion is in the physical possession of a trustee.  “ Investment coin ” means any coin composed primarily of gold, silver, platinum, or palladium. (58) Sales of tangible personal property used primarily for any of the following purposes

by a megaproject operator at the site of a megaproject that satisfies the criteria

described in division (A)(11)(a)(ii) of section 122.17 of the Revised Code , provided that the sale occurs during the period that the megaproject operator has

an agreement for such megaproject with the tax credit authority under division (D) of section 122.17 of the Revised Code that remains in effect and has not expired or been terminated: (a) To store, transmit, convey, distribute, recycle, circulate, or clean water, steam,

or other gases used in or produced as a result of manufacturing activity, including

items that support or aid in the operation of such property; (b) To clean or prepare inventory, at any stage of storage or production, or equipment

used in a manufacturing activity, including chemicals, solvents, catalysts, soaps,

and other items that support or aid in the operation of property; (c) To regulate, treat, filter, condition, improve, clean, maintain, or monitor environmental

conditions within areas where manufacturing activities take place; (d) To handle, transport, or convey inventory during production or manufacturing. (59) Documentary services charges imposed pursuant to section 4517.261 or 4781.24 of the Revised Code . (60) Sales of children's diapers. (61) Sales of therapeutic or preventative creams and wipes marketed primarily for use

on the skin of children. (62) Sales of a child restraint device or booster seat that meets the national highway

traffic safety administration standard for child restraint systems under 49 C.F.R. 571.213 . (63) Sales of cribs intended to provide sleeping accommodations for children that comply

with the United States consumer product safety commission's safety standard for full-size

baby cribs under 16 C.F.R. 1219 or the commission's safety standard for non-full-size baby cribs under 16 C.F.R. 1220 . (64)  Sales of eligible tangible personal property occurring during the period of a sales

tax holiday held pursuant to section 5739.41 of the Revised Code . (C) For the purpose of the proper administration of this chapter, and to prevent the

evasion of the tax, it is presumed that all sales made in this state are subject to

the tax until the contrary is established. (D) The tax collected by the vendor from the consumer under this chapter is not part

of the price, but is a tax collection for the benefit of the state, and of counties

levying an additional sales tax pursuant to section 5739.021 or 5739.026 of the Revised Code and of transit authorities levying an additional sales tax pursuant to section 5739.023 of the Revised Code .  Except for the discount authorized under section 5739.12 of the Revised Code and the effects of any rounding pursuant to section 5703.055 of the Revised Code , no person other than the state or such a county or transit authority shall derive

any benefit from the collection or payment of the tax levied by this section or section 5739.021 , 5739.023 , or 5739.026 of the Revised Code . 1

 7 U.S.C.A. § 2011 et seq. 2

 Division designation so as a result of 2025 H 96 line item veto.