Section R15-5-104. Service Businesses

A.      Gross receipts from the sale of tangible personal property to a person engaged in a professional or personal service occupa- tion or business are subject to tax if the tangible personal prop- erty is used or consumed in the performance of the service or is sold only as an inconsequential element of the nontaxable service provided.

B.       Gross receipts from the sale of tangible personal property, by a person engaged in a professional or personal service occupa- tion or business, are not subject to tax if the property is sold only as an inconsequential element of the nontaxable service provided.

C.      Sales of tangible personal property are inconsequential ele- ments of the service if:

1.        The purchase price of the tangible personal property to the person rendering the services represents less than 15% of the charge, billing, or statement rendered to the purchaser in connection with the transaction;

2.        At the time of the sale, the tangible personal property transferred is not in a form that is subject to retail sale; and

3.        The charge for the tangible personal property is not sepa- rately stated on the invoice.

D.      A person engaged in both a retail business and a service busi- ness shall keep records of purchases of tangible personal prop- erty sufficient to establish whether the property was resold as a taxable retail sale.

Historical Note

Renumbered from R15-5-1805 and amended effective August 9, 1993 (Supp. 93-3). Amended by final rulemak-

ing at 12 A.A.R. 4099, effective December 4, 2006

(Supp. 06-4).