006.05.98 Ark. Code R. § 006 - Arkansas Gross Receipts Tax Regulation GR-53 - Exemptions from Tax-Sales for Resale Manufacturers, Compounders and Processors (Amended 1997)
Gross Receipts Tax Regulation GR-53(A) is hereby amended to read as follows:
"The gross receipts or gross proceeds derived from sales for resale to persons regularly engaged in the business of reselling the articles or services purchased whether purchased within or without the State are exempt from the tax; provided, however, that such sales within the state are made to persons to whom sales tax permits have been issued as provided in Ark. Code Ann. § 26-52-201 et seq. and regulation number GR-72. (See also GR-74.)"
Gross Receipts Tax Regulation GR-53(B) is hereby amended to read as follows:
"It is necessary that the person claiming the benefits of this sale for resale exemption prove to the seller that he is engaged in the business of reselling the articles or services purchased by him. The purchaser must provide the seller with the purchaser's retail permit number if the sale is made within Arkansas. In addition to furnishing his retail permit number to the seller, the purchaser must certify in writing to the seller that he (the purchaser) is engaged in the business of reselling the articles or services purchased. Failure to so certify, or to falsely certify with the knowledge that the items or services purchased are not for resale, shall be sufficient grounds upon which the Commissioner may cause the purchaser's retail permit to be canceled. Certification may be made on the bill, invoice or sales slip retained by the seller by furnishing a certification letter to the seller which contain the following:
If certification is made directly on the bill, sales slip or invoice, the purchaser need only note his retail permit number and write the following statement (or a reasonable approximation thereof): 'I, (name, position, business name), hereby certify that the (materials or services) listed on the (bill, invoice or sales slip) are purchased for resale and that I am regularly engaged in the business of reselling the (items or services) noted on this (bill, invoice or sales slip).' The purchaser or his authorized agent must then sign the bill, invoice or sales slip and return a copy thereof to the seller for his records.
Alternatively, certification may be made in compliance with this regulation by completing the Resale Certificate printed as Exhibit 'A' following this regulation."
Gross Receipts Tax Regulation GR-53(C) is hereby amended to read as follows:
"If a retail permit holder purchases goods, services, wares, and merchandise from a seller on a regular basis, then the permit holder may furnish the Resale Certificate or certification letter described in Section (B) of this regulation to the seller and the seller may subsequently make sales of tangible personal property or services to retail permit holder without requiring a certification letter or certification statement for each subsequent sale. The retail permit holder must notify the seller of all purchases which are not for resale and remit the applicable amount of tax thereon. If the retail permit holder fails to so notify the seller of purchases not intended for resale, then sufficient grounds shall exist for the Commissioner to cancel the retail permit of the retail permit holder who failed to so notify the seller."
Gross Receipts Tax Regulation GR-53(D) is hereby amended to read as follows:
Gross Receipts Tax Regulation GR-53(E) is hereby amended to read as follows:
Other services performed for the business engaged in manufacturing, compounding, processing, assembling, or preparing items for sale shall not be entitled to the sale for resale exemption."
Gross Receipts Tax Regulation GR-53 is amended to add a new subsection (J) to read as follows:
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