006.05.91 Ark. Code R. § 010 - Sales and Use Tax Construction Contractors 1991-6 Permanent Reg.
Materials purchased for use in construction contracts are expmpt from the additional 1/2% sales and use tax levied by Act 3 of 1991 if the qualifications set out in this regulation are met.
Office of Field Audit Administration
P. 0. Box 1272
Little Rock, Arkansas 72203
Some construction contractors maintain an inventory of materials and pay sales or use tax on "withdrawals from stock" (Ark. Code Ann 26-52-103 ) or "withdrawals for use" (Ark. Code Ann 26-53-102(5)(a)(4). Where a construction contractor claims the exemption, granted by Act 548 ox 1991 for withdrawals, the construction contractor shall maintain all records required by this regulation including maintaining copies of the contracts for which the exemption is claimed.
Some construction contractors report the use tax due on materials purchased from out-of-state sellers directly to the Revenue Division of the Department of Finance and Administration. When such a construction contractor claims the exemption granted by Act 548 of 1991 the construction contractor shall keep all records required by this regulation including maintaining copies of the contracts for which the exemption is claimed.
On May 6, 1991, a construction contractor purchases a hammer and 50 pounds of nails for use in framing an apartment building. The construction contractor furnishes all necessary information required by this regulation to the seller.
The additional one-half cent tax is due on the price of the hammer. The hammer will not become a recognizable part of the completed structure and therefore is not exempt.
The nails are exempt from the additional one-half cent tax. The nails become part of the frame of the house. The nails cannot be seen after the house is completed, but they remain as a recognizable part of the house.
The burden of proving entitlement to an exemption is on the taxpayer. In the case of an audit of a seller's business, the burden is on the seller to keep records adequate to prove the validity of the claimed exemptions. In the case of an audit of a construction contractor's business, the burden is on the construction contractor to keep records adequate to prove the validity of the claimed exemptions. Failure to keep records adequate to prove the validity of the claimed exemptions will result in the exemptions being disallowed and applicable tax, penalty and interest being assessed on the taxpayer.
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