006.05.08 Ark. Code R. § 9.8 - SERVICES SUBJECT TO TAX - DRY CLEANING AND LAUNDRY SERVICES; INDUSTRIAL LAUNDRY SERVICES:
A. The
gross proceeds or gross receipts derived from the sale of the following
services are subject to sales tax: dry cleaning services, laundry services, and
industrial laundry services. These services shall be defined as follows:
1. "Dry cleaning services" shall mean the
cleaning of leather, cloth, or fabric with any and all dry cleaning solvents,
including the ironing, pressing, folding, or starching of dry cleaned leather,
cloth, or fabric.
2. "Laundry
services" shall mean the washing of cloth or fabric with water, including the
ironing, pressing, folding or starching of washed cloth or fabric.
3. "Industrial laundry services" shall mean
the washing of cloth or fabric with water, including the ironing, pressing,
folding or starching of washed cloth or fabric, by laundry businesses that
service commercial accounts.
4.
"Cloth or fabric" shall include, but not be limited to, items such as clothing,
garments, uniforms, wedding dresses, linens, draperies, tablecloths, rugs,
towels and products that consist at least partially of cloth or fabric, such as
door mats with a rubber base.
B. The gross proceeds or gross receipts
attributable to the following services are not subject to sales tax provided
they are itemized and separately stated on the invoice provided to the
customer: repairs, alterations, and the treatment of cloth or fabric with
chemicals that provide waterproofing or protection from staining or soiling.
However, if these services are provided along with taxable dry cleaning or laundry services and are not itemized and separately stated on the invoice to the customer, the total gross proceeds or gross receipts charged to the customer will be subject to sales tax.
C. The gross proceeds or gross receipts
derived from self-service, coin operated clothing washing and drying machines
or self-service, coin operated dry cleaning machines are not subject to sales
tax.
D. Any hotel; motel; nursing,
retirement, or convalescence facility; or other provider of accommodations that
bills its guests or residents a specific charge for dry cleaning or laundry
services must collect tax on the gross proceeds or gross receipts for the dry
cleaning or laundry services. However, the gross proceeds or gross receipts
derived by a charitable, non-profit nursing, retirement or convalescence
facility from dry cleaning or laundry services provided by such facility to its
residents are not subject to tax.
E. Long-term rentals of uniforms, linens,
towels, mats and similar items are not subject to the tax on the service of
industrial laundry. The purchaser of the items for long-term rental must elect
to pay the tax at the time of the purchase of the items or collect tax on
subsequent long-term rentals of the property. (See GR-20.)
F. Items that are used or consumed in
performing dry cleaning and laundry services may not be purchased tax exempt.
This includes, but is not limited to, uniforms, machines, equipment, detergent,
dry cleaning solvents, bleach, powder, and starch. Such items are subject to
state and local gross receipts or use tax when purchased for use by the service
provider.
Notes
Ark. Code Ann. § 26-52-316
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