I learned a very valuable and costly lesson this week regarding tax exempt sales in the state of PA. I thought I’d share my “lesson”. My business rents and sells handset concrete forms and accessories to pour concrete projects such as house foundations, sidewalks, curbs, etc. These concrete projects can either be taxable or tax exempt depending on who you are doing the construction for. To take this a step further, only particular pieces of the tax exempt project may be tax exempt. It’s important to know which is which!
61 PA Code 31.12(a)(3) states:
A construction contractor shall pay tax upon all tools and equipment such as backhoes, cranes, saws, drills, motor vehicles, and the like, which are used but not transferred in conjunction with his construction activities. Effective March 4, 1971, a construction contractor performing contracts for public utilizes may no longer claim the exemption of the utility upon the purchase or rental of such items.
There is also a link to the PA Department of Revenue online Customer Service area that breaks it down into greater detail… http://bit.ly/cWIbDk Great info here.
This is my conclusion from my research. If you are renting equipment for the tax exempt entity (in our case, handset concrete forms or sidewalk/curb forms) it is not tax exempt. Also, if you are purchasing equipment for your company to complete this project, it is not tax exempt as the equipment will stay in your inventory. If you are purchasing equipment that will stay within the structure, affixed to the real estate or damage would be done to the items or its surroundings upon removal (in our case wall ties, foundation windows, etc.) that sale of equipment would be tax exempt.
Know the tax laws well and you’ll save yourself time and money!