Sec. 18. (a) A marketplace facilitator shall be considered the retail merchant of each retail transaction (including a retail transaction under section 4 of this chapter) that is facilitated on its marketplace, regardless as to whether the marketplace facilitator has a contractual relationship with the seller, when it does any of the following: (1) Collects the sales price or purchase price of the seller's products. (2) Provides access to payment processing services, either directly or indirectly. (3) Charges, collects, or otherwise receives fees or other consideration from the purchaser for transactions made on its electronic marketplace. (b) A marketplace facilitator is required to do the following with each retail transaction made on its marketplace: (1) Collect and remit the gross retail tax, even if a seller for whom a transaction was facilitated: (A) does not have a registered retail merchant certificate; or (B) would not have been required to collect gross retail tax had the transaction not been facilitated by the marketplace facilitator. (2) Comply with all applicable procedures and requirements imposed under this article as the retail merchant in such transaction. (c) The gross retail income from a transaction under this section is equal to the total amount of consideration paid by the purchaser, including the payment of any fee, commission, or other charge by the marketplace facilitator, except that the gross retail income does not include any taxes on the transaction that are imposed directly on the consumer other than taxes described under IC 6-2.5-1-5 (c)(2). IC 6-2.5-5 Chapter 5. Exempt Transactions of Retail Merchant 6-2.5-5-0.4 Intent of general assembly adding section 36 of this chapter 6-2.5-5-1 Animals, feed, seed, and chemicals; race horse in a claiming race 6-2.5-5-2 Agricultural machinery, tools, and equipment; scope of exemption; proration 6-2.5-5-3 Exemption; acquisition for direct use in direct production 6-2.5-5-4 Property for use in producing machinery, tools, or equipment 6-2.5-5-5 Repealed 6-2.5-5-5.1 Exemption; acquisition for direct consumption in direct production; industrial processing service; direct application of fertilizers; direct harvesting of agricultural commodities 6-2.5-5-6 Exemption; acquisition for incorporation into product for sale 6-2.5-5-7 Materials used in construction business, public street, or utility service 6-2.5-5-8 "New motor vehicle"; property acquired for resale, rental, or leasing in the course of business 6-2.5-5-8.2 Aircraft acquired for rental or leasing in the ordinary course of the person's business; determination of the exemption; rental threshold 6-2.5-5-8.5 Power subsidiary; public utility 6-2.5-5-9 Returnable containers; nonreturnable packaging 6-2.5-5-10 Electric or steam utilities; production plant or power production expenses 6-2.5-5-10.5 Tangible personal property exemption; public utility or power subsidiary; "utility scale battery energy storage system" 6-2.5-5-10.7 Tangible personal property exemption; component of solar or wind energy system 6-2.5-5-11 Gas utilities; production or storage plants and expenses 6-2.5-5-12 Water utilities; plants and expenses 6-2.5-5-12.5 Wastewater utilities; plants and expenses 6-2.5-5-13 Intrastate telecommunication services; video, Internet access, or VOIP services; equipment 6-2.5-5-14 Public utilities; acquisitions of personal property 6-2.5-5-15 Repealed 6-2.5-5-15.5 Motor vehicles; intrafamilial title transfers 6-2.5-5-16 State or local government acquisitions 6-2.5-5-16.5 Repealed 6-2.5-5-17 Newspapers 6-2.5-5-18 Drugs, medical equipment, supplies, and devices; acquisition by patient 6-2.5-5-19 Drugs, insulin, oxygen, blood, or blood plasma; acquisition by licensed practitioner 6-2.5-5-19.5 Drugs; insulin; oxygen; blood glucose monitoring supply; blood or blood plasma 6-2.5-5-20 "Food and food ingredients for human consumption" 6-2.5-5-21 Exemption; sales of food and food ingredients by nonprofit entities to confined or hospitalized persons 6-2.5-5-21.5 Repealed 6-2.5-5-22 Exemption; sales of meals; schools; fraternities; sororities; student cooperatives 6-2.5-5-23 School building materials 6-2.5-5-24 Exemption; sales to the United States government; commercial printing; receipts or collection or taxes; amounts represented by an encumbrance in like kind exchange of tangible personal property 6-2.5-5-25 Exemption; nonprofit organizations; uses to carry on its not-for-profit purpose; ordinary and usual activities and operations; required application process 6-2.5-5-26 Nonprofit organizations; less than $100,000 in sales; sale for educational, cultural, or religious purpose; sale by a church or school; sale by a public library 6-2.5-5-27 Exemptions for property and services used for public transportation; temporary taxation of natural gas products used for public transportation 6-2.5-5-27.5 Rolling stock 6-2.5-5-28 Repealed 6-2.5-5-29 Manufactured homes; industrialized residential structures 6-2.5-5-30 Environmental quality compliance; manufacturing, mining, agriculture, or recycling 6-2.5-5-31 Free distribution newspaper; related transactions 6-2.5-5-33 Tangible personal property purchased with food stamps 6-2.5-5-34 Sale of lottery tickets; gross retail tax 6-2.5-5-35 Tangible personal property transactions 6-2.5-5-36 Commercial printing contracts 6-2.5-5-37 Professional motor racing vehicle parts exemption; two-seater Indy car exemption; tires and accessories excluded 6-2.5-5-38 Repealed 6-2.5-5-38.1 Qualified computer equipment sales 6-2.5-5-38.2 Vehicle lease transactions 6-2.5-5-39 Cargo trailers and recreational vehicles registered for use outside Indiana 6-2.5-5-40 Research and development property 6-2.5-5-41 Repealed 6-2.5-5-42 Aircraft titled, registered, or based outside Indiana 6-2.5-5-43 Type II gambling games 6-2.5-5-44 Sales to city or town for municipal golf course 6-2.5-5-45 Gross retail and use tax exemption; cigarette and tobacco tax meter machines 6-2.5-5-45.8 Recycling and recycling materials 6-2.5-5-46 Aircraft repair and maintenance 6-2.5-5-47 Coins, bullion, and legal tender 6-2.5-5-48 Drainage water management system 6-2.5-5-49 Aviation fuel 6-2.5-5-49.5 Expired 6-2.5-5-50 Required product labels 6-2.5-5-51 Special fuel 6-2.5-5-52 Hot mix asphalt plant equipment; trucks; pavers 6-2.5-5-53 Special rule for renting or furnishing rooms, lodging, or other accommodations in a house, condominium, or apartment for fewer than 15 days 6-2.5-5-54 Special rule for sharing of a passenger motor vehicle for fewer than 15 days 6-2.5-5-55 "Public safety equipment and materials"; exemption 6-2.5-5-56 Transportation facility 6-2.5-5-57 Children's diapers 6-2.5-5-58 Agricultural commodities
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