Section R15-5-150. Sale of Photography

A.      In this Section:

1.        “Motion picture” has the same meaning as prescribed in

A.R.S. § 41-1517.

2.        “Motion picture production company” has the same meaning as prescribed in A.R.S. § 41-1517.

3.        “Photography” means the process of taking and supply- ing images to customers, using film, video, or another data storage medium.

4.        “Qualified motion picture production company” means a motion picture production company that holds a valid certificate issued pursuant to A.R.S. § 42-5009(H), estab- lishing the company’s qualification for the A.R.S. § 42- 5061(B)(23) exemption.

B.       Gross income or gross proceeds derived from a sale of photog- raphy   are  subject  to  tax  under  this  Article,  unless,  under

A.A.C. R15-5-104(C), the sale of such photography is consid- ered an inconsequential element of nontaxable activities that are associated with the sale. Examples of nontaxable activities that are associated with a sale of photography include research; script consulting; director, crew, and equipment charges; preproduction or postproduction charges; location scouting fees; and music charges. Activities that are associated with the sale of photography are nontaxable if one of the fol- lowing applies:

1.        The vendor is engaged in both a professional or personal service occupation or a service business under A.R.S. § 42-5061(A)(1) and the business of selling photography at retail; or

2.        The activities are not part of the manufacture, creation, or fabrication of photography and are not otherwise subject to tax under another Article of this Chapter.

C.      Gross income or gross proceeds derived from a sale of photog- raphy used directly in motion picture production by a qualified motion picture production company are exempt from tax under this Article pursuant to A.R.S. § 42-5061(B)(23).

Historical Note

Renumbered from R15-5-1836 and amended effective August 9, 1993 (Supp. 93-3). Amended by final rulemak-

ing at 11 A.A.R. 5493, effective February 6, 2006 (Supp.

05-4).