The seller of the maintenance contract is the consumer of parts and materials used for the maintenance of the printer under the two contracts. However, it is the toner/ink cartridge dispenser that has been put in place as part of the “group maintenance contract.” The taxpayer should separate the retail price of toner/ink cartridges in their invoices and registrations. 8/26/96. Many retailers sell warranties or maintenance contracts with products such as cars, computers and appliances. This publication explains how the revenue and usage tax applies when you sell a warranty or maintenance contract (sometimes called a “service plan”) or if you make a repair that falls under such an agreement. However, if a contract with OEMs and distributors provides that A (which is not the seller of computer disks to OEMs or distributors) is reimbursed in lump sums (for example. B, A receives a fixed amount or a flat annual fee on the basis of units sold) for any guarantee it requires to honour, the maintenance contract between A and the OEMs/concessionaires is considered an optional warranty or maintenance contract. As such, A is the consumer of furnished parts and materials. This could be done regardless of whether the guarantees offered by OEMs or distributors were optional or mandatory to their customers. 8/23/90. The boundary between the taxable plant and the tax-free repair work can be difficult to discern. For example, changing new clothing is taxable, but changing used clothing is tax-exempt. Therefore, when a person buys new clothes and causes them to change a suit, the tailor must calculate both the working price and the price of the materials provided.
Reason: the amendment is considered a step in the creation of a new taxable property. (See California Sales and Use Tax Regulation 1524 (b) (1) (A).) 490.0571 Optional maintenance contracts. The workshop is the consumer of personal physical goods used in the execution of optional maintenance contracts on U.S. government property, even though the contract contains a ownership clause that explains that the title is transferred to the owner of the repaired object during installation, and even if the workshop does not use the property outside the facility for the item to be repaired. 8/22/90; 5/29/96.