Sec. 1. (a) A person is a retail merchant making a retail transaction when the person engages in selling at retail. (b) A person is engaged in selling at retail when, in the ordinary course of the person's regularly conducted trade or business, the person: (1) acquires tangible personal property for the purpose of resale; and (2) transfers that property to another person for consideration. (c) For purposes of determining what constitutes selling at retail, it does not matter whether: (1) the property is transferred in the same form as when it was acquired; (2) the property is transferred alone or in conjunction with other property or services; or (3) the property is transferred conditionally or otherwise. (d) Notwithstanding any provision of this article, a person is not making a retail transaction when the person: (1) acquires tangible personal property owned by another person; (2) provides industrial processing or servicing, including enameling or plating, on the property; and (3) transfers the property back to the owner to be sold by that owner either in the same form or as a part of other tangible personal property produced by that owner in the owner's business of manufacturing, assembling, constructing, refining, or processing.
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