Section 328 Taxability Matrix

Transcription

1 Completed by: Eric K. Wayne, Director address: Phone number: Date Submitted: 10/27/2011 Each of the items listed in the chart is defined in the in the Streamlined Sales and Use Tax Agreement (SSUTA) as amended through December 13, Refer to Appendix C of the SSUTA for each definition. Place an in the appropriate column under the heading Treatment of definition to indicate the treatment of each definition in your state. If a product definition was not adopted by your state, enter NA in the column under the heading Reference and indicate in the Treatment of definition columns the treatment of the product in your state. In accordance with the SSUTA, your state must adopt the definitions in the Library of Definitions that apply to your state without qualifications except for those allowed by the SSUTA. For this reason, do not enter any comments or qualifications in the two columns under the heading Treatment of definition. If your state has adopted a definition in the with a qualification not specified in the SSUTA, do not place an in either column under the heading Treatment of definition but include a comment in the Reference column explaining the qualification. Enter the applicable statute/rule cite in the Reference column. Sellers and certified service providers are relieved from tax liability to the member state and its local jurisdictions for having charged and collected the incorrect amount of sales and use tax resulting from the seller or certified service provider relying on erroneous data provided by the member state relative to treatment of the terms defined in the. Administrative Definitions Treatment of definition Reference Sales price: Identify how the options listed below are treated in your state. The following options may be excluded from the definition of sales price only if they are separately stated on the bill to the purchaser. Charges by the seller for any services necessary to complete the sale other Included in Sales Price Excluded from Sales Price Statute/Rule Cite/Comment G.S (37) than delivery and installation Telecommunication nonrecurring charges G.S (37) Installation charges G.S (49) Value of trade-in G.S (37) Delivery Charges for personal property or services other than direct mail. The following charges are included in the definition of sales price unless your state excludes them from sales price when such charges are separately stated on the bill to the purchaser. For responses below assume the charges are separately stated on the bill to the purchaser. Handling, crating, packing, preparation for mailing or delivery, and similar charges Included in Sales Price Excluded from Sales Price Statute/Rule Cite/Comment G.S (6) & G.S (37) Transportation, shipping, postage, and similar charges G.S (6) & SSTGB Form F0014 (Revised June 7, 2011) 1

2 Delivery Charges for direct mail. The following charges are included in the definition of sales price unless your state excludes them from sales price when such charges are separately stated on the bill to the purchaser. For responses below assume the charges are separately stated on the bill to the purchaser. Handling, crating, packing, preparation for mailing or delivery, and similar Included in Sales Price Excluded from Sales Price G.S (37) Statute/Rule Cite/Comment G.S (6) G.S (49a) charges Transportation, shipping, and similar charges G.S (6) G.S (49a) Postage G.S (6) G.S (49a) Sales Tax Holidays Yes No Statute/Rule Cite/Comment Sales Tax Holidays: Does your state have a sales tax holiday? If yes, indicate the tax treatment during your state sales tax holiday Amount of Taxable Exempt Statute/Rule Cite/Comment for the following products. Threshold All Energy star qualified products See specific items Specific energy star qualified products or energy star qualified classifications G.S (8g) & G.S D(a) Clothes washers G.S (8g) & G.S D(a)(1) Freezers and refrigerators G.S (8g) & G.S D(a)(2) Central air conditioners and room air conditioners G.S (8g) & G.S D(a)(3); Air-source heat pumps and geothermal heat pumps G.S (8g) & G.S D(a)(4); effective 6/27/11, geothermal heat pumps were removed from the list of qualified products per SB 267, s. 19, S. L Ceiling fans G.S (8g) & G.S D(a)(5) Dehumidifiers G.S (8g) & G.S D(a)(6) Programmable thermostats G.S (8g) & G.S D(a)(7) All Disaster Preparedness Supply SSTGB Form F0014 (Revised June 7, 2011) 2

3 Specific Disaster Preparedness Supply Disaster preparedness general supply Disaster preparedness safety supply Disaster preparedness food-related supply Disaster preparedness fastening supply School supply G.S (37d) & G.S C(a)(2) School art supply G.S (37d) & G.S C(a)(2) School instructional material G.S (37b) & G.S C(a)(2a) School computer supply G.S (4d) & G.S C(a)(3a) Other products defined in Part II of the Amount of Taxable Exempt Statute/Rule Cite/Comment included in your state sales tax holiday. Threshold Clothing G.S (3) & G.S C(a)(1) Computers G.S (4b) & G.S C(a)(3) Prewritten computer software G.S (29a) Clothing accessories or equipment G.S (4) & G.S C(b)(1) Protective Equipment G.S (31) & G.S C(b)(2) Sport and Recreational Equipment G.S (42) & G.S C(a)(4) Product Definitions Clothing and related products Taxable Exempt Statute/Rule Cite/Comment Clothing G.S (3) Essential clothing priced below a state specific threshold NA. See G.S (3) Fur clothing NA. See G.S (3) Clothing accessories or equipment G.S (4) Protective equipment G.S (31) Sport or recreational equipment G.S (42) Computer related products Taxable Exempt Statute/Rule Cite/Comment Computer G.S (4b) SSTGB Form F0014 (Revised June 7, 2011) 3

4 Prewritten computer software G.S (29a) Prewritten computer software delivered electronically G.S (29a); Prewritten computer software delivered via load and leave G.S (29a); Non-prewritten (custom) computer software G.S (5b) & Non-prewritten (custom) computer software delivered electronically G.S (5b) & Non-prewritten (custom) computer software delivered via load and leave G.S (5b) & Mandatory computer software maintenance contracts Taxable Exempt Statute/Rule Cite/Comment Mandatory computer software maintenance contracts with respect to prewritten computer software Mandatory computer software maintenance contracts with respect to prewritten computer software which is delivered electronically Mandatory computer software maintenance contracts with respect to prewritten computer software which is delivered via load and leave NA G.S (29a); G.S (37). NA G.S (29a); G.S (37). NA G.S (29a); G.S (37). G.S (43a) &(43b) Mandatory computer software maintenance contracts with respect to nonprewritten (custom) computer software NA G.S (5c) & Mandatory computer software maintenance contracts with respect to nonprewritten (custom) software which is delivered electronically NA G.S (5c) & Mandatory computer software maintenance contracts with respect to nonprewritten (custom) software which is delivered via load and leave NA G.S (5c) & Optional computer software maintenance contracts Taxable Exempt Statute/Rule Cite/Comment Optional computer software maintenance contracts with respect to prewritten computer software that only provide updates or upgrades with respect to the software NA G.S (29a) G.S (37) Optional computer software maintenance contracts with respect to prewritten NA G.S (29a) SSTGB Form F0014 (Revised June 7, 2011) 4

5 computer software that only provide updates or upgrades delivered electronically with respect to the software Optional computer software maintenance contracts with respect to prewritten computer software that only provide updates or upgrades delivered via load and leave with respect to the software Optional computer software maintenance contracts with respect to nonprewritten (custom) computer software that only provide updates or upgrades with respect to the software Optional computer software maintenance contracts with respect to nonprewritten (custom) computer software that only provide updates or upgrades delivered electronically with respect to the software Optional computer software maintenance contracts with respect to nonprewritten (custom) computer software that only provide updates or upgrades delivered via load and leave with respect to the software Optional computer software maintenance contracts with respect to nonprewritten (custom) computer software that only provide support services to the software Optional computer software maintenance contracts with respect to nonprewritten (custom) computer software that provide updates or upgrades and support services to the software Optional computer software maintenance contracts with respect to nonprewritten (custom) computer software that provide updates or upgrades delivered electronically and support services to the software Optional computer software maintenance contracts with respect to nonprewritten (custom) computer software provide updates or upgrades delivered via load and leave and support services to the software Indicate your state s tax treatment for optional computer software maintenance contracts with respect to prewritten computer software sold for one non-itemized price that include updates and upgrades and/or support services. Use percentages in the taxable and exempt columns to denote tax treatment in your state. For example: if all taxable put 100% in the taxable column; if all nontaxable/exempt put 100% in the exempt column; if 50% taxable and 50% nontaxable/exempt put 50% in the taxable column and 50% in the exempt column. Optional computer software maintenance contracts with respect to prewritten computer software that provide updates or upgrades and support services to the software SSTGB Form F0014 (Revised June 7, 2011) 5 Taxable Percentage Exempt Percentage G.S (37) NA G.S (29a) G.S (37) NA G.S (5c) & NA G.S (5c) & NA G.S (5c) & N/A NC does not impose a tax on services of this nature. G.S (5c) &. NA G.S (5c) & NA G.S (5c) & NA G.S (5c) & Statute/Rule Cite/Comment 100% NA G.S (29a) G.S (37)

6 Optional computer software maintenance contracts with respect to prewritten computer software that provide updates and upgrades delivered electronically and support services to the software Optional computer software maintenance contracts with respect to prewritten computer software that provide updates and upgrades delivered via load and leave and support services to the software Optional computer software maintenance contracts with respect to prewritten computer software that only provide support services to the software 100% NA G.S (29a) G.S (37) and support services if separately stated 100% NA G.S (29a) G.S (37) and support services if separately stated 100% NC does not impose a tax on services of this nature. Digital products(excludes telecommunications services, ancillary services and computer Yes No Statute/Rule Cite/Comment software) A state imposing tax on products transferred electronically is not required to adopt (a)(6b) definitions for specified digital products. ( Specified digital products includes the defined terms: digital audio visual works; digital audio works; and digital books.) Does your state impose tax on products transferred electronically other than digital audio visual works, digital audio works, or digital books? Taxable Exempt Statute/Rule Cite/Comment Digital audio visual works sold to an end user with rights for permanent use G.S (1g) & (a)(6b) Digital audio works sold to an end user with rights for permanent use G.S (1e) & (a)(6b) Digital books sold to an end user with rights for permanent use (a)(6b) For transactions other than those included above, a state must specifically impose and Yes No Statute/Rule Cite/Comment separately enumerate a broader imposition of the tax. Does your state impose tax on: Digital audio visual works sold to users other than the end user. G.S (1g) & (a)(6b) Digital audio visual works sold with rights of use less than permanent use. G.S (1g) & (a)(6b) Digital audio visual works sold with rights of use conditioned on continued payment. SSTGB Form F0014 (Revised June 7, 2011) 6 G.S (1g) & (a)(6b)

7 Digital audio works sold to users other than the end user. G.S (1e) & (a)(6b) Digital audio works sold with rights of use less than permanent. G.S (1e) & (a)(6b) Digital audio works sold with rights of use conditioned on continued payments. G.S (1e) & (a)(6b) Digital books sold to users other than the end user. (a)(6b) Digital books sold with rights of use less than permanent. (a)(6b) Digital books sold with rights of use conditioned on continued payments. (a)(6b) Does your state treat subscriptions to products transferred electronically differently than a non-subscription purchase of such product? (a)(6b) Section 332H provides that states may have product based exemptions for specific items within specified digital products. ( Specified digital products includes the defined terms: digital audio visual works; digital audio works; and digital books.) List product based exemptions for specific items included in specified digital products. Example: digital textbooks NA Statute/Rule Cite/Comment Food and food products Taxable Exempt Statute/Rule Cite/Comment Food and food ingredients excluding alcoholic beverages and tobacco G.S (10) & G.S B; SSTGB Form F0014 (Revised June 7, 2011) 7

8 Subject to 2% rate. o Candy G.S (2) & G.S B o Dietary Supplements G.S (7) & G.S B o Soft Drinks G.S (40) & G.S B G.S (50) Subject to tax on 50% of gross receipts when sold from vending machines. o Bottled water G.S (10)& G.S B; Subject to 2% rate. Included in definition of food. Food sold through vending machines G.S (11) & G.S B G.S (50) Subject to 2% rate of 50% of gross receipts (excluding candy or prepared food) Prepared Food G.S (28) & G.S B Some exemptions G.S (26),(26a),(27),(27a) & G.S B Prepared food options - The following food items heated, mixed or combined by the seller are included in the definition of prepared food unless a state elects to exclude them from the definition of prepared food. Such food items excluded from prepared food are taxed the same as food and food ingredients. (Indicate how the options for the following food items that otherwise meet the definition of prepared food are treated in your state.) Food sold without eating utensils provided by the seller whose primary NAICS classification is manufacturing in sector 311, except subsector 3118 (bakeries) Food sold without eating utensils provided by the seller in an unheated state by weight or volume as a single item Bakery items sold without eating utensils provided by the seller, including bread, rolls, buns, biscuits, bagels, croissants, pastries, donuts, Danish, cakes, tortes, pies, tarts, muffins, bars, cookies, tortillas Included in Prepared Food Excluded from Prepared Food Statute/Rule Cite/Comment G.S (28) G.S (28) G.S (28) G.S B(a)(4) artisan SSTGB Form F0014 (Revised June 7, 2011) 8

9 bakery Health-care products Taxable Exempt Statute/Rule Cite/Comment Drugs (indicate how the options are treated in your state) Drugs for human use Drugs for human use without a prescription G.S (8a) & Drugs for human use with a prescription G.S (8a) & Insulin for human use without a prescription G.S (13) Insulin for human use with a prescription Medical oxygen for human use without a prescription G.S (8a) & Medical oxygen for human use with a prescription G.S (8a) & Over-the-counter drugs for human use without a prescription G.S (25a) & Over-the-counter drugs for human use with a prescription G.S (25a) & Grooming and hygiene products for human use G.S (46) & Drugs for human use to hospitals G.S (8a) & Drugs for human use to other medical facilities G.S (8a) & Prescription drugs for human use to hospitals G.S (8a) & Prescription drugs for human use to other medical facilities G.S (8a) & Free samples of drugs for human use G.S (8a) & Free samples of prescription drugs for human use G.S (8a) & Drugs for animal use Drugs for animal use without a prescription G.S (8a) & Drugs for animal use with a prescription G.S (8a) & Insulin for animal use without a prescription Insulin for animal use with a prescription SSTGB Form F0014 (Revised June 7, 2011) 9

10 Medical oxygen for animal use without a prescription G.S (8a) & Medical oxygen for animal use with a prescription G.S (8a) & Over-the-counter drugs for animal use without a prescription G.S (25a) & Over-the-counter drugs for animal use with a prescription G.S (25a) & Grooming and hygiene products for animal use G.S (46) & Drugs for animal use to veterinary hospitals and other animal medical facilities G.S (8a) & Prescription drugs for animal use to hospitals and other animal medical facilities G.S (8a) & Free samples of drugs for animal use G.S (8a) & Free samples of prescription drugs for animal use G.S (8a) & Durable medical equipment (indicate how the options are treated in your state) Taxable Exempt Statute/Rule Cite/Comment Durable medical equipment, not for home use, without a prescription Durable medical equipment, not for home use, with a prescription Durable medical equipment, not for home use, with a prescription paid for by Durable medical equipment, not for home use, with a prescription reimbursed by Durable medical equipment, not for home use, with a prescription paid for by Durable medical equipment, not for home use, with a prescription reimbursed by Durable medical equipment for home use without a prescription Durable medical equipment for home use with a prescription Durable medical equipment for home use with a prescription paid for by Durable medical equipment for home use with a prescription reimbursed by SSTGB Form F0014 (Revised June 7, 2011) 10 G.S (8b) &

11 Durable medical equipment for home use with a prescription paid for by Durable medical equipment for home use with a prescription reimbursed by Oxygen delivery equipment, not for home use, without a prescription Oxygen delivery equipment, not for home use, with a prescription Oxygen delivery equipment, not for home use, with a prescription paid for by Oxygen delivery equipment, not for home use, with a prescription reimbursed by Oxygen delivery equipment, not for home use, with a prescription paid for by Oxygen delivery equipment, not for home use, with a prescription reimbursed by Oxygen delivery equipment for home use without a prescription Oxygen delivery equipment for home use with a prescription Oxygen delivery equipment for home use with a prescription paid for by Oxygen delivery equipment for home use with a prescription reimbursed by Oxygen delivery equipment for home use with a prescription paid for by Oxygen delivery equipment for home use with a prescription reimbursed by Kidney dialysis equipment, not for home use, without a prescription Kidney dialysis equipment, not for home use, with a prescription Kidney dialysis equipment, not for home use, with a prescription paid for by Kidney dialysis equipment, not for home use, with a prescription reimbursed by Kidney dialysis equipment, not for home use, with a prescription paid for by Kidney dialysis equipment, not for home use, with a prescription reimbursed by SSTGB Form F0014 (Revised June 7, 2011) 11

12 Kidney dialysis equipment for home use without a prescription Kidney dialysis equipment for home use with a prescription Kidney dialysis equipment for home use with a prescription paid for by Kidney dialysis equipment for home use with a prescription reimbursed by Kidney dialysis equipment for home use with a prescription paid for by G.S (8b) & Kidney dialysis equipment for home use with a prescription reimbursed by Enteral feeding systems, not for home use, without a prescription (8b) & G.S Enteral feeding systems, not for home use, with a prescription Enteral feeding systems, not for home use, with a prescription paid for by Enteral feeding systems, not for home use, with a prescription reimbursed by Enteral feeding systems, not for home use, with a prescription paid for by Enteral feeding systems, not for home use, with a prescription reimbursed by Enteral feeding systems for home use without a prescription (8b) & G.S Enteral feeding systems for home use with a prescription Enteral feeding systems for home use with a prescription paid for by Enteral feeding systems for home use with a prescription reimbursed by G.S (8b) & Enteral feeding systems for home use with a prescription paid for by Enteral feeding systems for home use with a prescription reimbursed by G.S (8b) & Repair and replacement parts for durable medical equipment which are for single patient use G.S (8b) & SSTGB Form F0014 (Revised June 7, 2011) 12

13 Mobility enhancing equipment (indicate how the options are treated in your state) Taxable Exempt Statue/Rule Cite/Comment Mobility enhancing equipment without a prescription G.S (21a) & Mobility enhancing equipment with a prescription G.S (21a) & Mobility enhancing equipment with a prescription paid for by G.S (21a) & Mobility enhancing equipment with a prescription reimbursed by G.S (21a) & Mobility enhancing equipment with a prescription paid for by G.S (21a) & Mobility enhancing equipment with a prescription reimbursed by G.S (21a) & Prosthetic devices (indicate how the options are treated in your state) Taxable Exempt Statute/Rule Cite/Comment Prosthetic devices without a prescription G.S (30b) & Prosthetic devices with a prescription G.S (30b) & Prosthetic devices with a prescription paid for by G.S (30b) & Prosthetic devices with a prescription reimbursed by G.S (30b) & Prosthetic devices with a prescription paid for by G.S (30b) & Prosthetic devices with a prescription reimbursed by G.S (30b) & Corrective eyeglasses without a prescription G.S (30b) & Corrective eyeglasses with a prescription G.S (30b) & Corrective eyeglasses with a prescription paid for by G.S (30b) & Corrective eyeglasses with a prescription reimbursed by G.S (30b) & Corrective eyeglasses with a prescription paid for by G.S (30b) & Corrective eyeglasses with a prescription reimbursed by G.S (30b) & SSTGB Form F0014 (Revised June 7, 2011) 13

14 Contact lenses without a prescription G.S (30b) & Contact lenses with a prescription G.S (30b) & Contact lenses with a prescription paid for by G.S (30b) & Contact lenses with a prescription reimbursed by G.S (30b) & Contact lenses with a prescription paid for by G.S (30b) & Contact lenses with a prescription reimbursed by G.S (30b) & Hearing aids without a prescription G.S (30b) & Hearing aids with a prescription G.S (30b) & Hearing aids with a prescription paid for by G.S (30b) & Hearing aids with a prescription reimbursed by G.S (30b) & Hearing aids with a prescription paid for by G.S (30b) & Hearing aids with a prescription reimbursed by G.S (30b) & Dental prosthesis without a prescription G.S (30b) & Dental prosthesis with a prescription G.S (30b) & Dental prosthesis with a prescription paid for by G.S (30b) & Dental prosthesis with a prescription reimbursed by G.S (30b) & Dental prosthesis with a prescription paid for by G.S (30b) & Dental prosthesis with a prescription reimbursed by G.S (30b) & Telecommunications & related products Taxable Exempt Statute/Rule Cite/Comment Ancillary Services G.S (1a), (a)(4c), & SSTGB Form F0014 (Revised June 7, 2011) 14

15 Conference bridging service G.S (1a) Detailed telecommunications billing service G.S (1a) Directory assistance G.S (1a) Vertical service G.S (1a) Voice mail service G.S (1a) Telecommunications (Indicate how the options are treated in your state) Taxable Exempt Statute/Rule Cite/Comment Intrastate Telecommunications Service G.S (48) Interstate Telecommunications Service G.S (48) International Telecommunications Service G.S (48) International 800 service G.S (48) International 900 service G.S (48), G.S (21) International fixed wireless service G.S (48) International mobile wireless service G.S (48) SSTGB Form F0014 (Revised June 7, 2011) 15

16 International prepaid calling service G.S (27) (a)(4d) International prepaid wireless calling service G.S (27) (a)(4d) International private communications service C(h)(7) International value-added non-voice data service G.S (48) International residential telecommunications service G.S (48) Interstate 800 service G.S (48) Interstate 900 service G.S (48) Interstate fixed wireless service G.S (48) Interstate mobile wireless service G.S (48) Interstate prepaid calling service G.S (27) (a)(4d) Interstate prepaid wireless calling service G.S (27) (a)(4d) Interstate private communications service C(h)(7) Interstate value-added non-voice data service G.S (48) Interstate residential telecommunications service G.S (48) SSTGB Form F0014 (Revised June 7, 2011) 16

17 Intrastate 800 service G.S (48) Intrastate 900 service G.S (48) Intrastate fixed wireless service G.S (48) Intrastate mobile wireless service G.S (48) Intrastate prepaid calling service G.S (27) (a)(4d) Intrastate prepaid wireless calling service G.S (27) (a)(4d) Intrastate private communications service C(h)(7) Intrastate value-added non-voice data service G.S (48) Intrastate residential telecommunications service G.S (48) Paging service G.S (48) Sales & Use Tax Technical Bulletin 21-1 J.1.A.(7) Coin-operated telephone service G.S (54) Pay telephone service G.S (54) Sales and Use Tax Technical Bulletin TB 21-1J.1b.(4) Local Service as defined by (state) N/A SSTGB Form F0014 (Revised June 7, 2011) 17