The following are exempt from the use tax imposed by this chapter, provided that the list of exemptions cannot be increased by implication or similarity, and the burden of proof is upon the taxpayer to establish an exemption:
(A) The use or consumption of any construction and building materials the sale of which is subject to a retail sales tax imposed by the town;
(B) The use or consumption of construction and building materials purchased for resale in the town, either in their original form or as an ingredient of a manufactured or compounded product, in the regular course of a business;
(C) The use or consumption of construction and building materials by the federal government, the state or its institutions or political subdivisions in their governmental capacities, or by religious or charitable corporations in the conduct of their regular religious or charitable functions;
(D) The use or consumption of construction and building materials by a person engaged in the business of manufacturing or compounding for sale, profit or use of any article, substance or commodity, which construction and building materials 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;
(E) The use or consumption of any construction and building materials the sale or use of which has already been subjected to a legally imposed sales or use tax of another statutory or home rule town, city, or city and county equal to or in excess of the use tax imposed herein, in which case a credit shall be granted in an amount equal to the tax paid by reason of the imposition of such sales or use tax, provided that the amount of credit shall not exceed the amount of the use tax imposed by this chapter;
(F) The use or consumption of construction and building materials if a written contract for the purchase thereof was entered into prior to January 1, 2008;
(G) The use or consumption of 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 January 1, 2008;
(H) The storage of construction and building materials;
(I) The first $10,000 of the construction valuation for a building permit;
(J) The use or consumption of construction and building materials in the town on which the use tax imposed by this chapter has already been paid; and
(K) Any transaction which the town is prohibited from taxing under applicable law.
(Ord. 37(2007) § 1)