ALABAMA DEPARTMENT OF REVENUE
SALES, USE & BUSINESS TAX DIVISION
SALES & USE TAX RULE
810-6-1-.04. Radio and Television Antennas and Television Satellite
Dishes.
(1) Sales at retail of radio and television antennas, television satellite
dishes, and parts and attachments therefor are subject to sales or use
tax, whichever is applicable.
- (a) Where an antenna or satellite dish, along with parts and attachments
therefor, is sold for a lump sum amount which includes both the antenna
or satellite dish and the cost of erection or installation, such lump sum
amount shall be used as the measure of the tax to be paid to the State.
In instances where separate contracts are made for the sale of the antenna
or satellite dish and other property and for the erection or installation,
the tax should be measured by the sales price only, provided that the billing
to the customer and the books of the seller clearly show the receipts from
sales and from erection and installation.
- (b) In instances where dealers in radio and television receiving sets
sell antennas or satellite dishes with parts and attachments therefor which
they do not themselves furnish or install, but which are furnished and
installed for them by an outside supplier, the sale of antennas or satellite
dishes and other property sold in connection therewith are made at wholesale,
tax free, by the outside supplier to the dealer who has made the retail
sale. The dealer in these instances must collect and remit tax to the State
in accordance with the rule stated in subparagraph (a).
- (c) Where dealers and suppliers make over-the-counter sales of antennas
or satellite dishes and parts and attachments therefor to customers not
for resale, such sales to consumers are subject to sales tax which is to
be collected by the seller and paid to the State.
- (d) The dealers and suppliers who make the sales described in subparagraphs
(a), (b), and (c) above purchase at wholesale, tax free, the antennas or
satellite dishes and parts and attachments therefor which are resold by
them. (Section 40-23-1(a)(10))
(2) Sales of radio and television antennas, television satellite dishes,
and parts and attachments therefor, qualify for the reduced 1 ½
percent machine rate of sales or use tax when sold to radio and television
stations or broadcasting companies for use in their business of producing
and propagating radio or television signals. Kline Iron & Steel
Corp. v. State of Alabama (Circuit Court of Montgomery County, Civil
Action No.s CV-78-1250-P and CV-78-1251-P, April 26, 1979) (Section 40-23-2(3))
(Readopted through APA effective October 1, 1982, amended October 3, 1987)
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