Document Number
94-239
Tax Type
Retail Sales and Use Tax
Description
Printing; Resales; Swatch cards
Topic
Taxability of Persons and Transactions
Date Issued
08-10-1994
August 10, 1994



Re: Request for Ruling: Retail Sales & Use Tax



Dear*************

This will reply to your letter seeking a ruling on the tax status of swatch cards used to advertise and promote the sale of***************** (the "Taxpayer") products.

FACTS


The Taxpayer produces swatch cards to advertise and promote the sale of its products. It has the cards printed and delivered to its Virginia plant where swatches are cut from fabric produced at the plant and glued to the cards. A majority of the completed swatch cards are shipped to customers and salesmen without Virginia to advertise and promote the sale of the fabric. Approximately 10% of the completed swatch cards remain in Virginia.

The Taxpayer currently is reporting and paying Virginia use tax on 100% of the cost of the fabric withdrawn from inventory to be converted into samples and on 10% of the cost of the swatch cards because only this portion is used in Virginia. You seek a ruling to verify whether the Taxpayer is appropriately accounting for the tax.

RULING


Subdivision 4 of Va. Code §58.1-609.6 provides an exemption from the retail sales and use tax for:
    • [c]atalogs, letters, brochures, reports, and similar printed materials, except administrative supplies, the envelopes, containers and labels used for packaging, ... when stored for twelve months or less in the Commonwealth and distributed for use without the Commonwealth.
The department has previously determined that swatch books and other types of compilations that use samples from which to order tangible personal property do not constitute printed materials entitled to the above cited exemption. See P.D. 90-15 (1/11/90), copy enclosed

Accordingly, the Taxpayer should continue to accrue use tax on 100% of the cost of the fabric withdrawn from inventory and pay sales tax to the printer if a registered dealer in Virginia or, if the printer is not a registered dealer, remit use tax on the total cost of the cards.

If you have any further questions about this matter, please let me know.

Sincerely,



Danny M. Payne
Tax Commissioner





OTP/723lH

Rulings of the Tax Commissioner

Last Updated 08/25/2014 16:46