Tuesday, May 31, 2011

Detailed Manufacturing Rules

 Redi-mix Trucks

Every state has different rules for manufacturing.  And I covered the major rules here.  Today, I thought I'd review some of the more detailed taxing policies that you may deal with.

Where does the manufacturing process begin and where does it end?  The first requirement to worry about, for most manufacturing exemptions, is that the item must be used in the manufacturing process.  Usually, it starts at the first machine and ends at the last machine.  The last machine is often packaging the product for the final consumer - putting beer in the can, for example.  Sometimes the manufacturing process includes the transportation of raw materials to the first machine and transportation of the finished goods to the warehouse.  And in a few situations, the process even includes the raw material and finished goods inventory as well as the shipping department.  Not often, though.

Materials handling equipment, like lift trucks, pipes and conveyor systems, if used directly within the manufacturing process, will usually be exempt.  But beware.  There are a couple of states that specifically exclude this type of equipment from the manufacturing exemption.  Also, some states require that the equipment be used exclusively in the process.  The rest usually require that the equipment be used predominantly in the process.  This is a challenge when you're running lift trucks all over the plant.

Concrete mixers are, in many states, considered manufacturing equipment.  This is because, after the materials are loaded into the truck, there is still some processing being done in the drum as it's heading to the job site.  Hence, it could be considered manufacturing equipment.  But note that, in states where this exemption exists, it doesn't extend to the truck itself.  The exemption only applies to the mixer.

Cleaning of manufacturing equipment is usually not considered directly used in manufacturing.  However, if the cleaning is necessary for a food processor, then it's sometimes exempt.

Speaking of clean, clean rooms are sometimes exempt as well.

Sometimes, big manufacturing machines will require specialized concrete foundations.  These may be exempt in some states, even though they are permanent (and really heavy) additions to real property.

Power generation equipment is frequently exempt if the power is being used by manufacturing equipment.  Less often, transformers for electricity coming from mains is exempt.

Employee safety items, such as gloves, goggles, helmets, aprons, etc. are surprisingly not generally exempt, even if they are required by OSHA.  One problem is that they are rarely directly used in the manufacturing process. 

There are even more detailed manufacturing rules, but this should do for now.  And I just realized that there were no jokes in this article.  Sorry.  Maybe next time.




The Sales Tax Guy
http://salestaxguy.blogspot.com

See the disclaimer - this is for education only.  Research these issues thoroughly before making decisions.  Remember: there are details we haven't discussed, and every state is different.  Here's more information

Get these articles in your inbox - subscribe at http://salestaxguy.blogspot.com

Don't forget our upcoming seminars and webinars.
http://www.salestax-usetax.com/
Picture note: the image above is hosted on Flickr. If you'd like to see more, click on the photo. 

Tuesday, May 17, 2011

Golden Rule: Three Different Types of Property

Detail of Jackson Building - 1924

[This is an overhaul of an article originally written in February of 2009]

While there are variations for what constitutes real and tangible personal property, these are pretty good definitions in most states.

Real Property

Real property is generally property that has been:

1. permanently
2. affixed to other real property (like land and buildings) and
3. is integrated into the value or use of that real property.

Permanent usually means there are no plans or expectations to remove the item - it will last as long as the building or at least 10 to 20 years.

Affixed means that you'd cause significant damage if you removed the addition.  

"Integrated" means that the additional property extends the life or increases the value of the existing real property. In addition, it would be something that would be expected in the building or that facilitates the purpose of the building (like a roof).

One test that I've seen is: if the building were purchased, would the new owner retain the addition, or would they probably tear it out?  In other words, is the addition something that is fundamental to the purpose and value of the building?  For example, if someone buys a house, would they keep the old draperies?  Probably not.  They might keep the Venetian blinds, but the drapes?  Blech.  Out they go!

Effect on construction contractors

If a construction contractor permanently affixes TPP to real property, and it becomes integrated into that real property, she has converted that TPP into real property.  In most states, the contractor's sale wouldn't be taxable and she would pay tax on the TPP when purchased by her.

TPP - Tangible Personal Property

Tangible personal property is property that is perceptible to the human senses (tangible), and is not real property. See above.

A simpler way to describe at TPP that is not as accurate, but easier to grasp, is: tangible personal property can be moved without causing damage to the property or to any property it is attached to.


Note that sales of real property are not generally taxable, but that sales of tangible personal property are, by default,taxable.  There are lots of exceptions and variations.

Intangible Personal Property

And then there's a third type of property: intangible personal property.


The Sales Tax Guy
http://salestaxguy.blogspot.com

See the disclaimer - this is for education only. Research these issues thoroughly before making decisions. Remember: there are details we haven't discussed, and every state is different. Here's more information

Get these articles in your inbox - subscribe at http://salestaxguy.blogspot.com

Don't forget our upcoming seminars and webinars.
http://www.salestax-usetax.com/

Picture note: the image above is hosted on Flickr. If you'd like to see more, click on the photo.