A person who constructs precast concrete building elements is a contractor under this City Tax Code.
A. The purchase price paid by or charged to a precast concrete contractor for materials used to fabricate precast concrete building elements within the City and which precast concrete building elements are to be incorporated into any building, dwelling, or other structure or to make improvements to real property shall be exempt from Sales and Use Tax of the City of Colorado Springs when located:
1. Outside of the State; or
2. Outside of the City limits of Colorado Springs and outside of any Colorado jurisdiction (any incorporated town, city or city and county within the State); or
3. In connection with any Federal project which is exempt from Sales or Use Tax by the Colorado jurisdiction; or
4. In any Colorado jurisdiction where the Sales and Use Taxes are not included in the precast concrete contractor's price for precast concrete building elements that are paid by the general contractor to the Colorado jurisdiction (and are not refundable to the precast concrete contractor).
B. Subject to the exceptions set forth in subsection A of this section, the City Sales and Use Tax applicable to the purchase price paid by or charged to a precast concrete contractor for materials used to fabricate precast concrete building elements which are to be incorporated into any building, dwelling or other structure or to make improvements to real property located outside of the City limits of Colorado Springs but within any Colorado jurisdiction (any incorporated town, city or city and county within the State) shall be the applicable Sales and Use Tax rate of the incorporated town, city or city and county, provided that the Sales or Use Tax rate is less than the City of Colorado Springs Sales and Use Tax rate. If the Sales and Use Tax rate is greater than the City of Colorado Springs Sales and Use Tax rate, the City's Sales and Use Tax rate shall apply. (Ord. 93-176; Ord. 01-42)