ALABAMA DEPARTMENT OF REVENUE
SALES, USE & BUSINESS TAX DIVISION
SALES & USE TAX RULE
810-6-1-.95. Materials Used in Repairing.
(1) Materials used in repairing, for tax purposes, fall into the following
classes:
- (a) Materials which pass to the repairman's customer and which do not
lose their identity when used by the repairman and which are a substantial
part of the repair job (such as auto repair parts, radio tubes, and condensers)
are sold at retail by the repairman. He must collect and report sales tax
on such sales, including tax on the service incidental thereto. He may,
however, if making a separate agreement to sell the repair parts and to
perform the labor and service required, collect and remit the tax only
upon the price of the parts if his records and his invoices clearly show
a separation of the amounts received from sales and parts and from rendering
service.
- (b) Materials which pass to the repairman's customer but which lose
their identity when used by the repairman or which are inconsequential
in amount, such as paint, solder, and tacks, are considered to have been
used or consumed by the repairman and are taxable at the time of sale to
him.
- (c) Materials which are used or consumed by the repairman and which
do not pass on to his customer are supplies and taxable when sold to the
repairman. (Section 40-23- 1(a)(10))
- (d) Materials which fall in classes (b) or (c) are purchased at wholesale
for use by a repairman who, in addition to using such materials as a repairman,
sells the same kinds of materials for use by others. These materials become
subject to the sales tax upon their withdrawal for use by the repairman under
the withdrawal feature of Section 40-23-1(6), (8), and (10). Note however, that
a repairman is not to be considered a vendor of these classes of materials unless
he carries a stock of them and sells outright therefrom a substantial amount.
If the repairman makes only isolated sales or "accommodation" sales of these
materials he is not to be considered as a seller of them under the sales tax
law, in which case his supplier must collect the tax.
(2) In all instances, materials are taxable when sold to repairmen for
use in making repairs where such materials lose their identity as a result
of such use, for instance, solder used in welding, paint used in automobile
refinishing, thread used in mending clothing. In all instances where the
shape or composition of the repair material is materially changed, such
altered or changed material is considered to have been used or consumed
by the repairman and, for that reason, subject to tax when sold to him.
No tax on this material is to be collected by the repairman from his customer.
(3) In instances where repair materials and repair parts are passed
to the repairman's customer without change, except necessary and customary
minor adjustments, such parts or materials may be purchased at wholesale
by the repairman licensed under the Sales Tax Law. The repairman is then
required to collect sales tax from his customer. (Readopted through APA
effective October 1, 1982, amended October 8, 1985)
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