| B. The sale to a retailer that has been issued a resale | certificate pursuant to section 1754-B, subsection 2-B or 2- | C of tangible personal property for resale, lease or rental | in the form of tangible personal property, except resale, | lease or rental as a casual sale; |
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| C. The sale to a retailer that has been issued a resale | certificate pursuant to section 1754-B, subsection 2-B or 2- | C of a taxable service for resale, except resale as a casual | sale; |
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| D. The sale to a retailer that is not required to register | by section 1754-B of tangible personal property for resale, | lease or rental outside the State in the form of tangible | personal property, except resale, lease or rental as a | casual sale; or |
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| E. The sale to a retailer that is not required to register | by section 1754-B of a taxable service for resale outside | the State, except resale as a casual sale. |
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| | 11. Retail sale. "Retail sale" means any sale of tangible | personal property in the ordinary course of business for any | purpose other than for resale, except resale as a casual sale, in | the form of tangible personal property. "Retail sale" also means | any sale of a taxable service in the ordinary course of business | for any purpose other than for resale, except resale as a casual | sale. |
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| A. "Retail sale" includes: |
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| (1) Conditional sales, installment lease sales and any | other transfer of tangible personal property when the | title is retained as security for the payment of the | purchase price and is intended to be transferred later; | and |
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| (2) Sale of products for internal human consumption to | a person for resale through vending machines when sold | to a person more than 50% of whose gross receipts from | the retail sale of tangible personal property are | derived from sales through vending machines. The tax | must be paid by the retailer to the State. |
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| B. "Retail sale" does not include: |
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| (2) Any sale by a personal representative in the settlement of | an estate, unless the sale is made |
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