R15-2D-804 Property Delivered or Shipped to a Purchaser within this State A.

Property is deemed to be delivered or shipped to a purchaser within this state if the recipient is located in this state, even though the property is ordered from outside this state. Example: The taxpayer, with inventory in State A, sells $100,000 of its products to a purchaser with branch stores in several states, including this state. The order for the purchase is placed by the purchaser’s central purchasing department, located in State B. The taxpayer ships $25,000 of the purchase order directly to purchaser’s branch store in this state. The branch store in this state is the “purchaser within this state” with respect to $25,000 of the taxpayer’s sales. B. Property is delivered or shipped to a purchaser within this state if the shipment terminates in this state, even though the prop- erty is subsequently transferred by the purchaser to another state. Example: The taxpayer makes a sale to a purchaser who maintains a central warehouse in this state at which all merchandise purchases are received. The purchaser reships the goods to its branch stores in other states for sale. All of the taxpayer’s products shipped to the pur- chaser’s warehouse in this state constitute property deliv- ered or shipped to a purchaser within this state. C. The term “purchaser within this state” includes the ultimate recipient of the property if the taxpayer in this state, at the des- ignation of the purchaser, delivers to or has the property shipped to the ultimate recipient within this state. Example: A taxpayer in this state sells merchandise to a purchaser in State A. The taxpayer directs the manufac- turer or supplier of the merchandise in State B to ship the merchandise to the purchaser’s customer in this state according to purchaser’s instructions. The sale by the tax- payer is “in this state.” D. If property being shipped by a seller from the state of origin to a consignee in another state is diverted while en route to a pur- chaser in this state, the sales are in this state. Example: The taxpayer, a produce grower in State A, begins shipment of perishable produce to the purchaser’s place of business in State B. While en route, the produce is diverted to the purchaser’s place of business in this state in which the taxpayer is subject to tax. The sale by the taxpayer is in this state. Historical Note Recodified at 6 A.A.R. 2308, filed in the Office of the Secretary of State June 2, 2000 (Supp. 00-2). Amended by final rulemaking at 7 A.A.R. 4973, effective October 5, 2001 (Supp. 01-4).