Claiming to be engaged in a “business”

Article 5.

Sales and Use Tax.

§ 105-164.3.  Definitions.

The following definitions apply in this Article:

(1k) Business. – An activity a person engages in or causes another to engage in with the object of gain, profit, benefit, or advantage, either direct or indirect. The term does not include an occasional and isolated sale or transaction by a person who does not claim to be engaged in business.”

 

What does this tell us about CLAIMING to be in business? You could have an occasional isolated sale, claim it was made in the course of business, and owe a sales/use tax on the sale?

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