Tax Type
Retail Sales and Use Tax
Description
Manufacturing, processing, assembling, or refining; Research and development
Topic
Taxability of Persons and Transactions
Date Issued
08-09-1993
August 9, 1993
Re: Request for Ruling: Retail Sales and Use Tax
Dear******************
This will reply to your letter of January 22, 1993 in which you request a ruling on the applicability of the Virginia retail sales and use tax to research activities conducted under a specific contract by***************(the "Taxpayer").
FACTS
The statement of work for the contract under consideration provides that the overall objective of the contract is to use the vantage point of space to increase the understanding of the natural and man-induced changes in the Earth's atmosphere. This is done by developing an understanding of the fundamental processes of radiation, chemistry and dynamics through the use of atmospheric simulation modeling and analysis of satellite-borne observations and complementary measurements from aircraft, balloon, and groundbased systems. The Taxpayer is required to provide all scientific and analysis support necessary to develop, maintain, and update empirical and simulation models used in conducting atmospheric science research.
RULING
Va. Code §58.1-608(A)(3)(e) provides an exemption for "tangible personal property for use or consumption directly and exclusively in basic research or research and development in the experimental or laboratory sense." (Emphasis added).
Interpreting the statute, Virginia Regulation (VR) 630-10-92 (copy enclosed) defines "basic research" as "a systematic study or search in a scientific or technical field of endeavor with the ultimate goal of advancing knowledge or technology in that field." "Research and development" is defined as:
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- a systematic study or search directed toward new knowledge or new understanding of a particular scientific or technical subject and the gradual transformation of such new knowledge or new understanding into a usable product or process.
- a systematic study or search directed toward new knowledge or new understanding of a particular scientific or technical subject and the gradual transformation of such new knowledge or new understanding into a usable product or process.
Based on the facts presented, the statement of work for the contract and the above referenced regulations, the Taxpayer in this case qualifies for exemption from the tax when purchasing items for direct and exclusive use in basic research in the atmospheric sciences. Examples of items which would qualify for this exemption if used directly and exclusively in such research are paper and supplies used to record research findings, computers used to store, retrieve and process research data, and technical and journals for use in performing background research. In order to claim this exemption, the Taxpayer must provide its suppliers with copies of the enclosed certificate of exemption (Form ST-11) at the time of making such purchases.
The exemption granted in this letter is strictly limited to the facts presented, and has no application to any other activities engaged in by the Taxpayer. For example, the exemption does not apply to items purchased for use by the Taxpayer in activities which occur either before or after the actual research process. The exemption granted herein is also inapplicable to administrative equipment and supplies used by the Taxpayer's research or clerical personnel such as desks, chairs, copy machines, file cabinets, etc. The Taxpayer should refer to the examples of taxable and exempt items listed in subsection G of VR 630-10-92 in determining whether a particular purchase qualifies for the exemption.
I hope the foregoing has responded to your question. Please contact the department if you have any further questions.
Sincerely,
W. H. Forst
Tax Commissioner
OTP/6682F
Rulings of the Tax Commissioner