Distinction between the categories of construction contracting

*This information is for Model City Tax Code purposes only.

For the purposes of this Chapter, transactions involving improvements to, or sales of, real property are designated into one of the following categories, and these categorizations shall apply, whether or not a person designates himself as a contractor, construction manager, developer, or otherwise:

(a)    A person performing improvements to real property is one of the following:

(1)    an "Owner-Builder" when the work is performed by the owner or lessor or lessee-in-possession. An "owner-builder" may also be a "speculative builder".

(2)    a "Construction Contractor" when performing work for the owner or lessor or lessee-in-possession of the real property, unless that person has provided a written declaration stating that:

(A)    the owner-builder is improving the property for sale; and

(B)    the owner-builder is liable for the tax for such construction contracting activity; and

(C)    the owner-builder has provided the contractor his City Privilege License number.

(3)    a "Subcontractor" as provided in Section ___-415 (c).

(b)    An owner or lessor ("owner-builder") of improved real property is one of the following:

(1)    a "Speculative Builder" as provided in Section ___-100; or

(2)    an "owner-builder who is not a speculative builder" in all other cases.

(c)    The terms "owner", "lessor", and "lessee-in-possession" shall be deemed to include any authorized agent for such person.