The town use tax shall not apply to:
(A) The storage, use or consumption of any tangible personal property the sale of which is subject to a retail sales tax imposed by the town;
(B) The storage, use or consumption of any tangible personal property purchased for resale in the town, either in its original form or as an ingredient of a manufactured or compounded product, in the regular course of a business;
(C) The storage, use or consumption of tangible personal property brought into the town by a nonresident thereof for the nonresident’s own storage, use or consumption while temporarily within the town; however, this exemption does not apply to the storage, use or consumption of tangible personal property brought into this state by a nonresident to be used in the conduct of a business in this state;
(D) The storage, use or consumption of tangible personal property by the United States government, or the state, or its institutions, or its political subdivisions in their governmental capacities only or by religious or charitable corporations in the conduct of their regular religious or charitable functions;
(E) The storage, use or consumption of tangible personal property by a person engaged in the business of manufacturing or compounding for sale, profit or use any article, substance or commodity, which tangible personal property enters into the processing of or becomes an ingredient or component part of the product or service which is manufactured, compounded or furnished and the container, label or the furnished shipping case thereof;
(F) The storage, use or consumption of any article of tangible personal property the sale or use of which has already been subjected to a legally imposed sales or use tax of another statutory or home rule municipality equal to or in excess of that imposed by this subchapter. A credit shall be granted against the use tax imposed by this subchapter with respect to a person’s storage, use or consumption in the town of tangible personal property purchased by the person in a previous statutory or home rule municipality. The amount of the credit shall be equal to the tax paid by the person by reason of the imposition of a sales or use tax of the previous statutory or home rule municipality on the person’s purchase or use of the property. The amount of the credit shall not exceed the tax imposed by this subchapter;
(G) The storage, use or consumption of tangible personal property and household effects acquired outside of the town, and brought into it by a nonresident acquiring residency;
(H) The storage or use of a motor vehicle if the owner is or was, at the time of purchase, a nonresident of the town, and the owner purchased the vehicle outside of the town for use outside the town and actually so used it for a substantial and primary purpose for which it was acquired and the person registered, titled and licensed said motor vehicle outside of the town;
(I) The storage, use or consumption of any construction and building materials and motor and other vehicles on which registration is required if a written contract for the purchase thereof was entered into prior to the effective date of the town use tax;
(J) The storage, use or consumption of any construction and building materials required or made necessary in the performance of any construction contract bid, let or entered into at any time prior to the effective date of the town use tax;
(K) The use or consumption of taxable tangible personal property within the town that occurs more than three years after the most recent sale of the property if within the three years following such sale, the property has been significantly used within the state for the principal purpose for which it was purchased; or
(L) The storage of construction and building materials.
(Prior Code, § 3.08.110) (Ord. 3.08.010, Series 2001, passed 8-21-2001)