(J) Building Contractors Guide to Taxes.pdf

IP 2006 (35)

S T A T E O F C O N N E C T I C U T

DEPARTMENT OF REVENUE SERVICES

Issued: March 2007

BUILDING

CONTRACTORS’

GUIDE TO

SALES AND USE

TAXES

2 IP 2006(35), Building Contractors' Guide to Sales and Use Taxes

This document is not intended to be used as a legal ruling, but as a general guide for the proper treatment of sales and use taxes as they relate to the construction industry.

Not every potential tax situation is covered in this guide.

If you have questions about the taxability of goods or services you provide, contact the Department of Revenue Services (DRS) Taxpayer Services Division (see inside back cover).

TO ORDER INFORMATIONAL PUBLICATION 2006(35),

BUILDING CONTRACTORS’ GUIDE TO SALES AND USE TAXES,

SEND A 9" X 12" SELF-ADDRESSED ENVELOPE WITH $1.99 POSTAGE AFFIXED TO:

DEPARTMENT OF REVENUE SERVICES

MAIL UNIT, BUILDING CONTRACTORS’ GUIDE

25 SIGOURNEY STREET

HARTFORD CT 06106-5032

VISIT THE DRS WEBSITE AT WWW.CT.GOV/DRS TO PREVIEW AND

DOWNLOAD FORMS AND PUBLICATIONS.

IP 2006(35), Building Contractors' Guide to Sales and Use Taxes 3

TABLE OF CONTENTS

The Basics

NONTAXABLE CONTRACTS

Purchasing Materials Purchasing Services

TYPES OF NONTAXABLE CONTRACTS

Contracts With Exempt Organizations Contracts With Governmental Agencies Federally Recognized Indian Tribes Connecticut Development Authority (CDA) Low and Moderate Income Housing Waste Treatment Facilities Air Pollution Control Facilities Out-of-State Contracts

EXCLUSION FOR SERVICES RELATED TO

HAZARDOUS WASTE AND OTHER CONTAMINANTS

TANGIBLE PERSONAL PROPERTY

Temporary Sheds, Buildings, and Trailers

INSTALLATION VERSUS REPAIR OR MAINTENANCE

OF TANGIBLE PERSONAL PROPERTY

Installation of Systems Repair or Maintenance of Tangible

Personal Property (Units) Warranty Contracts

EQUIPMENT RENTAL OR SERVICE CONTRACT

Service Contract Equipment Rental

CONDOMINIUMS

CONSTRUCTION CONTRACTS WITH

DIRECT PAYMENT PERMIT HOLDERS

Renovation Construction Projects New Construction Projects Construction Projects That Involve

Renovation and New Construction Recurring Taxable Services Provided to Real Property Purchased by Direct Payment Permit Holders

BOND REQUIREMENTS OF

NONRESIDENT CONTRACTORS

INTRODUCTION

OBTAINING A SALES AND USE TAX PERMIT

ACCOUNTING METHODS

BAD DEBTS

TYPES OF CONSTRUCTION CONTRACTS

Lump-Sum or Fixed Fee Contract Cost-Plus Contract Time and Material Contract With an Upset or

Guaranteed Price That May Not Be Exceeded

REAL PROPERTY

Types of Real Property

New Construction Owner-Occupied Residential Property Commercial Property Industrial Property Income-Producing Property Public Right-of-Way

Services Taxable to Certain Real Property Services Taxable to All Real Property Site Improvements

SERVICE CHARGE

Reimbursed Expenses Contractor’s Labor Subject to Tax Contractor’s Labor Not Subject to Tax Contractor’s Purchase of Subcontractor Services

General Contractor Issues a Resale Certificate to a Subcontractor

General Contractor Does Not Issue a Resale Certificate to a Subcontractor

Temporary Employment Agency Services

MATERIALS USED IN

CONSTRUCTION CONTRACTS

TOOLS OF THE TRADE

CONTRACTOR’S BILL TO THE FINAL CUSTOMER

Tax Held in Trust

4 IP 2006(35), Building Contractors' Guide to Sales and Use Taxes

Air Conditioning (See Central Air Conditioning and Ventilation Systems)

Alarm Systems

Antennas and Communications Towers

Appliances (See Kitchens and Telephone, Audio-Visual, and Computer Cable or Wiring)

Architectural Services

Audio-Visual Cable or Wiring (See Telephone, Audio-Visual, and Computer Cable or Wiring)

Awnings (See also Standard Units of Equipment)

Bathrooms (See also Standard Units of Equipment)

Brickwork/Stonework

Cabinets (See Bathrooms, Kitchens, and Standard Units of Equipment)

Carpentry

Carpet Cleaning (See Janitorial Services)

Carpeting (See Floor Coverings)

Central Air Conditioning

Central Vacuum Systems

Chimneys

Chimney Cleaning

Clean Rooms/HVAC Systems (See also Heating Systems and Ventilation Systems)

Computer Cable or Wiring (See Telephone, Audio-Visual, and Computer Cable or Wiring)

Decks

Demolition

Dredging

Driveways, Parking Lots and Walkways (For asphalt, tar, macadam, and poured concrete areas, see Paving) (For brick, stone areas, or concrete pavers, see Landscaping and Horticulture Services)

Duct Work (See Interior Sheet Metal and Ventilation Systems)

Electrical (Complete wiring or rewiring of structures or the upgrading of the electrical service of a structure)

Electrical Devices

Elevators and Escalators (See also Inclined Stairway Chairlifts)

Energy Audits

Excavating, Grading, and Land Clearing

Exterior Sheet Metal Work (See also Gutters)

Exterminating

Fencing (See also Landscaping and Horticulture Services and Silt Fencing)

Fire, Water, and Wind Damage (Cleaning, deodorizing, and removal of water or debris)

Fireplaces

Floor Coverings

Floor Refinishing

Furnaces (See Heating Systems)

Garage Doors

Garage Door Openers

Garbage Disposals

Gazebos (See Sheds and Gazebos)

Gutters (See also Exterior Sheet Metal Work and Maintenance Services to Real Property)

Hatchways (See Standard Units of Equipment)

Heating Systems (See also Clean Rooms/HVAC Systems)

Home Entertainment/Home Theater Systems

Hot Tubs, Spas, and Saunas

House Washing (See Maintenance Services to Real Property and Painting, Staining, Varnishing, and Waterproofing)

Inclined Stairway Chairlifts

Inspections (See Structural Inspections)

Interior Decorators

Interior Sheet Metal (Duct work)

Janitorial Services (See also Maintenance Services to Real Property)

Kitchens

Landscape Architectural Services

Landscaping and Horticulture Services

Locksmith Services

The Details

IP 2006(35), Building Contractors' Guide to Sales and Use Taxes 5

Mailboxes

Maintenance Services to Real Property

Management

Masonry (See Brickwork/Stonework)

Moving a Structure

Painting, Staining, Varnishing, and Waterproofing

Patio (See Landscaping and Horticulture Services)

Paving (See also Maintenance Services to Real Property)

Pest Control (See Exterminating)

Plumbing

Power Washing (See Maintenance Services to Real Property)

Precast Concrete or Cement Steps (See Standard Units of Equipment)

Protection, Patrol Work, and Watchman Services

Refuse Removal

Retaining Walls (See Landscaping and Horticulture Services)

Roofing

Sandblasting

Saunas (See Hot Tubs, Spas, and Sauna)

Septic Systems (See also Standard Units of Equipment)

Septic System Cleaning

Sheds and Gazebos

Sheet Metal (See Interior Sheet Metal or Exterior Sheet Metal Work)

Siding

Signs

Sign Painting and Lettering Services

Silt Fencing

Snow Plowing/Removal (See Maintenance Services to Real Property)

Spas (See Hot Tubs, Spas, and Sauna)

Sprinkler Systems (Interior) (See also Landscaping and Horticulture Services for exterior sprinkler systems)

Staining (See Painting, Staining, Varnishing, and Waterproofing)

Standard Units of Equipment

Stock Cabinets (See Standard Units of Equipment)

Stonework (See Brickwork/Stonework)

Structural Inspection

Sump Pumps

Swimming Pools (See also Hot Tubs, Spas, and Sauna)

Telephone, Audio-Visual, and Computer Cable or Wiring (See also Home Entertainment/Home Theater Systems) ... 53

Testing for Contaminants

Underground Cables

Underground Storage Tanks

Varnishing (See Painting, Staining, Varnishing, and Waterproofing)

Ventilation Systems (See also Clean Rooms/HVAC Systems)

Wallpapering

Walls (For exterior walls, see also Landscaping and Horticulture Services)

Water Heaters

Waterproofing (See Painting, Staining, Varnishing, and Waterproofing)

Weatherization Products (See also Energy Audits, Heating Systems, Water Heaters, and Windows)

Welding

Wells and Pumps

Windows

Window Cleaning

Window Treatments

Wiring (See Telephone, Audio-Visual, and Computer Cable or Wiring)

APPENDIX

CONNECTICUT TAX FORMS, PUBLICATIONS,

CERTIFICATES, AND SALES TAX REGULATIONS

INDEX

WHERE TO GET HELP

6 IP 2006(35), Building Contractors' Guide to Sales and Use Taxes notes

IP 2006(35), Building Contractors' Guide to Sales and Use Taxes 7

THE BASICS

8 IP 2006(35), Building Contractors' Guide to Sales and Use Taxes

INTRODUCTION

Sales tax is imposed on certain contractor services performed in Connecticut. Generally, services to existing commercial, industrial, and income-producing property are taxable. Some services to residential property are also taxable. This guide presents information on the sale and purchase of services and materials for contractors.

Contractors are unique in that they are both the consumer of materials and retailers of their services. Therefore, building contractors must:

1. Pay sales and use tax on materials, supplies, and equipment used in their construction contracts; and

2. Charge and remit sales tax on their services when appropriate.

You must register with the Department of Revenue Services (DRS) if you are conducting business in Connecticut. Taxes for which you may be liable include sales and use taxes, withholding tax, corporation business tax, and business entity tax. See Informational Publication 2006(11), Getting Started in Business, for more information.

OBTAINING A SALES AND USE TAX PERMIT

All contractors, including subcontractors, must obtain a Connecticut Sales and Use Tax Permit from DRS.

Contractors and subcontractors must register for sales and use taxes prior to providing any services even if the services provided are not taxable.

In addition to obtaining a sales and use tax permit, a nonresident contractor is required to post a bond. See Page 22 for more information on nonresident contractor bond requirements.

If you are purchasing an existing business, you may not use the Sales and Use Tax Permit issued to the previous owner. You must obtain a new Sales and Use Tax Permit.

See Informational Publication 2002(16), Successor Liability for Sales and Use Taxes and Admissions and Dues Tax, for more information.

To register a business, use Form REG-1, Business Taxes Registration Application.

You may register by mail, apply in person at the DRS main office in Hartford or at any of the regional offices, or online. Visit the DRS website at www.ct.gov/DRS and click on Taxpayer Service Center (TSC). If you register online, you must make direct payment of the registration fee online from your savings or checking account.

ACCOUNTING METHODS

Most retailers must report the sales tax on the accrual basis of accounting, under which a retailer reports all sales during the filing period in which the sales are made, not when the customer provides payment. However, there is a limited exception to this rule that allows a retailer to report sales tax on the cash basis method, under which the retailer reports its sales during the filing period in which the customer provides payment regardless of when the services were rendered. To qualify to report on the cash basis, the retailer must sell only services taxable under Conn. Gen. Stat.

§12-407(a)(37) and report sales on the cash basis of accounting for federal income tax purposes. A retailer that sells tangible personal property cannot qualify to report sales tax on the cash basis.

Statutory Authority: Conn. Gen. Stat. §12-408(1)

BAD DEBTS

A worthless accounts receivable is an account receivable determined to be worthless and actually written off as uncollectible for federal income tax purposes. DRS only accepts claims for credit filed by retailers that have determined a sale is worthless for federal income tax purposes and have remitted the tax for the sale to DRS.

This does not include retailers reporting sales on the cash basis for Connecticut sales and use tax reporting purposes.

See Policy Statement 2001(1), Procedure for Retailers Claiming Credit for Sales Tax Previously Paid on Worthless Account Receivable, for more details.

Statutory Authority: Conn. Gen. Stat. §12-408(2); Conn.

Agencies Regs. §12-408-1

TYPES OF CONSTRUCTION CONTRACTS

There are three major types of construction contracts.

Materials cannot be purchased on resale when performing the following three types of construction contracts.

Lump Sum or Fixed Fee Contract This type of contract provides for a single price for the total work to be performed on a construction project. Such contracts are generally not subject to adjustment because of higher than anticipated costs incurred by the contractor.

IP 2006(35), Building Contractors' Guide to Sales and Use Taxes 9

Example: The contractor agrees to install a new roof on a building for $10,000. The contractor cannot charge extra even if more material is used or more time is spent than expected.

Cost-Plus Contract This type of contract provides for reimbursement of allowable or otherwise defined costs plus profit. Cost-plus contracts usually require the contractor to use its best efforts to accomplish the work within a specific time frame and a stated dollar limitation.

Example: The contractor agrees to install a new roof on a building. The contract states the property owner will reimburse the contractor for the cost of materials used and labor costs, plus 15%. The work is to be completed by a specific date within a maximum number of labor hours.

Time and Material Contract With an Upset or Guaranteed Price That May Not Be Exceeded The contractor is paid on the basis of direct labor hours at a fixed hourly rate. The contract includes a maximum amount over which the contractor cannot charge.

A time and material contract with an upset or guaranteed price that may not be exceeded provides for:

• Direct labor hours at a specified fixed hourly rate that includes wages, overhead, general and administrative expenses, and profit;

• Materials at cost, including, if appropriate, material handling costs as part of material costs; and

• A ceiling price the contractor exceeds at its own risk.

Example: The contractor agrees to install a new roof on a building. The contractor will be paid at the rate of $75 per hour plus the cost of materials, with the entire cost to the property owner for time and materials not to exceed $10,000.

REAL PROPERTY

Types of Real Property Real property is land, buildings, and materials permanently affixed to the land or buildings. This guide refers to six types of real property.

New Construction: Types of new construction are:

• The construction of a new building;

• The construction of a new addition that expands the cubic footage of an existing building;

• The replacement of the entire internal structure of a building. This includes removing and replacing floors, support columns, walls, mechanical systems, and electrical systems. Everything in the interior of a building between the floor that touches the ground and the rafters of the roof must be removed;

Example 1: A clothing store is a tenant of one space in a strip mall that has five other stores as tenants. The clothing store completely gutted its space, but the other spaces in the strip mall were left untouched. As the strip mall is only one building and only a portion of the building was gutted, the work done on the tenant’s space does not qualify as new construction.

Example 2: A manufacturer contracts to have 90% of the square footage of its recently purchased facility gutted, removing the internal walls, support columns, floors, and electrical and mechanical systems. The manufacturer plans to have both manufacturing and R&D operations take place in the building. Because the construction work needed is different for the section to be used for manufacturing than the section to be used for R&D, the manufacturer is leaving the internal walls, floors, and columns in 10% of the building where its R&D operations will take place. This contract does not qualify as new construction because 10% of the building will not be gutted.

• Site improvements to real property that put the property to a new use (see Site Improvements on Page 10);

• The substantial rehabilitation of a certified historic structure. For information about the special rules that apply to this type of construction, request CERT-102, Certified Rehabilitation Certificate for Certified Historic Structures; or

• The initial finish out work to the interior of a new building, if there has been no previous use of this space, including storage.

New construction generally ends when the Certificate of Occupancy (C.O.) is issued.

Owner-Occupied Residential Property:

• Is used exclusively for residential purposes;

• Consists of one to three dwelling units (up to a three family house); and

• The owner resides or will reside at the property upon completion of the work.

10 IP 2006(35), Building Contractors' Guide to Sales and Use Taxes

Commercial Property: Property where the buying, selling, or leasing of goods or services usually takes place.

Examples include restaurants, retail stores, office buildings, and gas stations.

Industrial Property: Property where manufacturing or fabricating activities take place. An example is a factory.

The grounds surrounding the factory, warehouse, and shipping dock are all part of the industrial property.

Income-Producing Property: Property held for or used in the production of income. Examples include land used for agricultural production and rental property such as an apartment building or nonowner-occupied residential property.

Public Right-of-Way: Property such as a state or municipal street and adjacent area. This property is not considered commercial, industrial, or income-producing property. Services to mains, lines, poles, pipes, and other facilities located along, above, or under a public right-of-way are generally not taxable.

Statutory Authority: Conn. Gen. Stat. §12-407(a)(37)(I) and Conn. Agencies Regs. §12-407(2)(i)(I)-1

Services Taxable to Certain Real Property Some services are taxable to existing commercial, industrial, or income-producing property, but are not taxable when rendered to owner-occupied residential property or new construction. These services include, but are not limited to:

Air conditioning Paving Carpentry Plastering Carpeting Plumbing Construction management Property management Demolition Refuse removal Electrical Roofing Elevator or escalator work Sandblasting Excavating Siding Exterior sheet metal work Staining Flooring Structural inspection Foundation work Ventilation Heating Wallpapering Masonry Welding Painting

Statutory Authority: Conn. Gen. Stat. §12-407(a)(37)(I)

Services Taxable to All Real Property Some services are taxable in all cases, whether rendered to new construction, owner-occupied residential property, existing commercial property, existing industrial property, or existing income-producing property. These services include, but are not limited to:

Carpet cleaning Maintenance Exterminating Snow plowing and removal House washing Swimming pool cleaning Janitorial Swimming pool maintenance Landscaping Window cleaning Locksmith services

The tax treatment of these and other services can be found in the Details section of this guide beginning on Page 24.

Statutory Authority: Conn. Gen. Stat. §12-407(a)(37)(T), (V), (W), (X), (Y), (Z), and (AA)

Site Improvements

Site improvements are improvements made to real property other than buildings. Certain site improvements put the property to a new use and are considered new construction. The construction of roadways, walkways, driveways, parking lots, patios, inground swimming pools, tennis courts, and decks put the property to a new use. To be considered new construction, walkways, driveways, and patios must be made of poured concrete or asphalt. These services are considered new construction work whether or not these improvements are in connection with the construction of a new building.

Other site improvements merely enhance an existing use of the property and are not considered new construction.

The installation of wells, septic systems, utility lines, storm water drainage systems, and outdoor lighting systems do not put the property to a new use. Such services are not new construction unless the construction of the improvement is directly connected with new construction as defined above.

SERVICE CHARGE

A contractor’s service charge, sometimes referred to as the labor charge, is determined by subtracting the cost of materials (including tax paid on materials) from the total contract price. In other words, every cent above the contractor’s cost of materials physically incorporated into the real property, plus the tax paid on those materials, is considered the service charge.

IP 2006(35), Building Contractors' Guide to Sales and Use Taxes 11

The charge for service includes:

• The actual labor charge;

• Any markup or profit on labor;

• Any markup or profit on materials;

• Overhead expenses;

• Tool or equipment purchase or rental, including tax paid on the rental; and

• Reimbursed expenses incorporated into the bill

(whether or not the charges are separately stated).

Reimbursed Expenses Generally, reimbursed expenses associated with a taxable service are subject to tax even if separately stated on the invoice. For example, if a security company is hired to provide a taxable guard service and charges $2,000 plus $300 of out-of-pocket expenses for travel and meal expenses, the entire $2,300 fee is subject to tax.

There is an exception to this general rule when the contractor pays an expense that is the sole legal or contractual obligation of their customer. An example would be when a building contractor pays for a building permit on behalf of the building owner. The reimbursement of this expense is not subject to sales or use tax.

Otherwise, except in specific instances authorized by law, the general rule is that if a service is taxable, the reimbursed expenses associated with it are also taxable.

Contractor’s Labor Subject to Tax A contractor’s labor is subject to tax when the service is to:

• Existing commercial real property;

• Existing industrial real property;

• Existing income-producing real property; or

• New or existing real property if it is one of the services listed in Services Taxable to All Real Property on Page 10.

Contractor’s Labor Not Subject to Tax

A contractor’s labor is not subject to tax when the service is rendered to:

• New construction (except for services listed in Services

Taxable to All Real Property);

• Owner-occupied residential property (except for services listed in Services Taxable to All Real Property);

• Charitable or religious organizations;

• Qualifying governmental agencies or their agents;

• Real property owned by federally recognized Indian tribes when the service is performed in federally recognized Indian country;

• Low and moderate-income housing;

• Contracts performed out-of-state;

• Hospitals and certain other exempt entities;

• Industrial, commercial, or income-producing real property when the service is for the voluntary evaluation, prevention, treatment, containment, or removal of hazardous waste or other contaminants of air, water, or soil; or

• Real property located within a public right-of-way.

For more information on nontaxable contracts, see Nontaxable Contracts beginning on Page 14.

Contractor’s Purchase of Subcontractor Services General contractors often purchase the services of subcontractors to complete a project. There are two possible methods of purchasing subcontractor services:

1. General Contractor Issues a Resale Certificate to Subcontractor

A general contractor can purchase a subcontracting service for resale as long as both the following conditions are met:

• The subcontracting service is an integral, inseparable component of the service to be sold to the end customer.

An integral, inseparable component is essential to complete the performance of the final service being sold. If the job is taxable, the contractor charges the end user tax on the entire service bill.

The general contractor may not use or consume the service purchased for resale. For example, a general contractor that hires the services of a temporary help agency to provide a secretary for the contractor’s office must pay tax on that service and cannot purchase it on a resale basis because the service of a secretary is not an integral and inseparable part of the service to be sold to the end customer; and

••••• Both the subcontracting service and the final service to be sold are services listed in Conn. Gen. Stat.

§12-407(a)(37) as taxable services. This means the resale exclusion may not be used to purchase or sell:

• Services rendered to new construction*;

• Services rendered to owner-occupied residential real property*;

12 IP 2006(35), Building Contractors' Guide to Sales and Use Taxes

Example 1: A contractor providing taxable renovation services to a thrift shop owned by a church purchases the services of a janitorial company to clean up the job site.

Because the janitorial service is an integral, inseparable component of the services being sold and is enumerated in Conn. Gen. Stat. §12-407(a)(37), the contractor may issue a resale certificate to the janitorial company even though the job will ultimately be exempt because the renovation services are provided to a religious organization.

Example 2: A contractor enters into a construction contract with a nonprofit hospital to construct a new addition to a hospital building. The contractor obtains personnel from a personnel agency to provide carpentry services to the new addition. Because new construction is excluded from taxable services to existing industrial, commercial, or income-producing real property under Conn. Gen. Stat. §12-407(a)(37), the personnel services do not become an integral, inseparable component of another taxable service under Conn. Gen.

Stat. §12-407(a)(37). The contractor is not allowed to purchase personnel services from a personnel agency using a resale certificate.

Statutory Authority: Conn. Gen. Stat. §12-410(5)

2. General Contractor Does Not Issue a Resale Certificate to Subcontractor

If the general contractor does not issue a resale certificate to the subcontractor and it is a taxable transaction, the subcontractor must charge the general contractor tax on the service portion of the bill.

The subcontractor is the consumer of the materials used in fulfilling the construction contract. The subcontractor has two options to choose from when billing the general contractor.

Option One The subcontractor breaks the bill into three parts:

• Materials consumed, including tax paid on the materials;

• Service charges. Service charges include markup on materials, overhead expenses, reimbursed expenses, labor charges, and profit; and

• Sales tax on the service portion of the bill.

Option Two The subcontractor does not break the bill down. Only a total charge is shown on the bill. The bill includes:

• Materials (including tax paid on);

• Service charges; and

• The words sales tax included on services.

• Any other taxable services not enumerated in §12-407(a)(37), such as telecommunications services; and

• Nontaxable services such as engineering and architecture and design services.

* Except for services listed in Services Taxable to All Real Property

Example 1: A property management company providing taxable services to industrial, commercial, or income-producing real property incurs long-distance telephone charges on behalf of its client in the course of rendering its management services. The management company may not purchase telecommunications services on a resale basis because telecommunications services are not an integral, inseparable component of the services being sold and are not enumerated in Conn. Gen. Stat. §12-407(a)(37).

Example 2: A contractor providing taxable renovation services to commercial, industrial, or income-producing property purchases architectural services. The purchase of architectural services by the contractor is not a taxable service and may not be purchased on resale, so the architectural services become an expense of the contractor and are part of the total service charge and subject to sales tax.

Subcontractors are responsible for paying tax on the materials used in performing a subcontract. Subcontractors may only resell the service portion of their bill. A subcontractor’s bill to a general contractor should be broken out into two parts when the general contractor issues a resale certificate:

• Materials consumed, including tax paid on the materials;

and

• Service charges. Service charges include the markup on materials, overhead expenses, reimbursed expenses, labor charges, and profit.

If the sale is a taxable service, the general contractor should charge tax to the property owner on the service portion of the bill only. See Example 1 in the Appendix.

If the subcontractor does not break out the charge for materials from the charge for service, the general contractor is required to charge sales tax on the entire amount of the subcontractor’s bill.

If the service is performed for an exempt entity, a resale certificate may be issued as long as the above conditions are met.

IP 2006(35), Building Contractors' Guide to Sales and Use Taxes 13

Sales tax on the service portion of the bill is figured by multiplying the entire service charge by .943. The result equals gross receipts from services. Subtract the gross receipts from services from the entire service charge. The difference is sales tax on the service. See Example 4 in the Appendix.

Both methods require the subcontractor to charge sales tax on the service portion of the contract.

Only the service portion of the general contractor’s bill to the property owner is subject to tax since the subcontractor has already charged the general contractor tax on the subcontractor’s service. See Example 2 in the Appendix.

Temporary Personnel Agency Services Purchases of temporary personnel agency services are subject to tax. A contractor may purchase temporary personnel services on a resale basis, if both of these conditions are met:

1. The temporary help must be an integral, inseparable component of the contractor’s service. For example, carpenters and plumbers are an integral, inseparable component of the contractor’s service, while secretaries and bookkeepers are not; and

2. The contractor must be performing a taxable service to real property. For example, temporary help cannot be purchased on a resale basis if the contract is for new construction because new construction is not a taxable service to real property.

As long as both of the above conditions are met, the contractor may purchase temporary help on a resale basis.

If the service is performed for an exempt entity, a resale certificate may be issued as long as the above conditions are met.

Example: A contractor constructing a new office building obtains personnel from a temporary personnel agency to provide electrical services. Because new construction is excluded from taxable services to industrial, commercial or income-producing real property under Conn. Gen. Stat.

§12-407(a)(37)(I), the contractor must pay tax on its purchase of the personnel services, which are enumerated under Conn. Gen. Stat. §12-407(a)(37)(C).

MATERIALS USED IN

CONSTRUCTION CONTRACTS

Contractors are the consumers of materials and supplies used in fulfilling their construction contracts. This means the contractor pays tax on purchases of materials. A resale certificate cannot be used when purchasing materials unless one of the following conditions is met. The contractor:

• Has a store that sells building supplies; or

• Sells particular building materials (windows, doors, lumber, sheet metal) to the property owner and states on the invoice all of the following:

Charge for the materials;

Exact quantity of materials being sold; and Additional price for which the contractor will install the products being sold.

In both cases, the contractor must charge sales tax unles the transaction qualifies for an exemption. These exceptions generally apply only to contractors that also maintain storefront businesses, such as plumbing supply stores or lumberyards. Items taken from the inventory of a storefront business for use in a construction contract are subject to the use tax on their cost. The contractor is responsible for self-assessing the use tax and should not charge its customers tax on items taken from inventory. Contractors that merely sell parts from trucks or do not maintain storefront businesses may not purchase materials on resale, but must pay tax on them when they purchase the items, and must not charge their customers tax on these items.

Contractors must self-assess use tax when they purchase taxable goods for use in Connecticut from an out-of-state vendor not registered to collect Connecticut use tax. If the materials were purchased outside Connecticut for use on a Connecticut job and the tax paid to the other state is less than 6%, the difference between the Connecticut tax and the tax paid to the other state must be reported and paid to Connecticut.

A contractor that enters into a construction contract with an exempt entity may purchase, exempt from tax, the materials that will be installed or placed and remain in the real property. See Nontaxable Contracts, beginning on Page 14, for more information.

2006 legislation reinstitutes an exclusion from sales and use taxes for residential weatherization products for the period of June 1, 2006, through June 30, 2007. See Special Notice 2006(1.1), Sales Tax Holiday for Home Weatherization Products, which describes the exclusion and provides rules regarding whether a sale takes place during the exclusion period.

14 IP 2006(35), Building Contractors' Guide to Sales and Use Taxes

Statutory Authority: Conn. Gen. Stat. §12-430(5) and Regulation 12-426-18

TOOLS OF THE TRADE

The contractor must pay tax on the purchase, lease, or rental of all the tools used in the contractor’s trade. This includes hand tools, power tools, sandpaper, ladders, scaffolding, and other equipment.

Generally, if a used item is traded in on the purchase of a new item of the same kind, tax is calculated on the selling price, after allowing for the trade-in credit, provided the retailer intends to resell the item traded. See Informational Publication 2006(13), Sales and Use Taxes on Returned Goods, Even Exchanges, and Trade-Ins.

Statutory Authority: Conn. Gen. Stat. §12-407(a)(8)(B)(v) and §12-430a.

CONTRACTOR'S BILL TO

THE FINAL CUSTOMER

The general contractor has two options to choose from when billing the final customer. The general contractor is the consumer of materials used in fulfilling a construction contract.

Option One The general contractor breaks the bill to the property owner into three components:

• Materials consumed, including tax paid on the materials;

• Service charges, including markup on materials, overhead expenses, labor charges, and profit; and

• Sales tax on the service portion of the bill, if applicable.

Option Two The general contractor does not break the bill down. Only a total charge is shown on the bill. The bill includes:

• Materials consumed, including tax paid on the materials;

• Service charges; and

• The words sales tax included on services, if applicable.

Sales tax on the service portion of the bill may be backed out by multiplying the entire service charge by .943. The result equals gross receipts from services. Subtract the gross receipts from services from the entire service charge. See Examples 3 and 4 in the Appendix.

Regardless of the option chosen, the general contractor must keep accurate records of the actual costs of materials and service, including all subcontracting costs. The general contractor charges tax to the final customer only on the service portion of the contract.

Tax Held in Trust Some contractors reimburse themselves for tax they paid on materials out of the tax they collect from their customers.

This is not correct. Conn. Gen. Stat. §12-408(2) provides that tax collected by a retailer is held in trust for the state and the entire amount of tax collected must be remitted to DRS or refunded to the customer.

Example 1: The contractor bills its customer:

Total Labor and Materials $1,000.00 Sales Tax 60.00 Total Due $1,060.00

Sales tax separately stated is held in trust and must be remitted by the contractor. In this example, the contractor must remit $60 in tax.

Example 2: The contractor bills its customer:

Total Labor and Materials $1,060.00 (sales tax on services included)

The contractor must remit the sales tax on the service portion of the bill only. If the contractor has already paid $12 in tax to its vendors on material purchases of $200, the sales tax on the service portion of the bill is $48.

The purchaser of a taxable good or taxable service is responsible for remitting use tax unless the retailer provides the purchaser with a receipt that shows sales tax in one of the manners described above.

A sales invoice or an American Institute of Architects (AIA) document is an acceptable receipt. A contract does not constitute a receipt.

Statutory Authority: Conn. Gen. Stat. §12-408(2);

§12-411(2)

NONTAXABLE CONTRACTS

Purchasing Materials When a construction contract is with an exempt entity, the contractor may purchase materials and supplies installed or placed in the project exempt from tax. The materials and supplies must be installed or placed in the project and remain in the project after its completion. To purchase materials and supplies exempt from tax, the contractor issues a Contractor’s Exempt Purchase Certificate to its vendor.

Examples of items likely to be exempt from these contracts are bathroom partitions, metal lockers, theater seats, and other items nailed, bolted, or screwed into the real property, as well as appliances and furniture not permanently affixed to the property, but that remain on the property after the contract is completed.

IP 2006(35), Building Contractors' Guide to Sales and Use Taxes 15

Upon completion of the project, the contractor must report and pay use tax on any materials still in inventory that were purchased exempt from tax. If materials or supplies are installed or placed in a project for an exempt entity and the contractor has already paid tax on the materials or supplies, the purchase price of the materials or supplies may be deducted on the next return as an adjustment.

Contractors are the consumers of all the tools, supplies consumed, and equipment used in fulfilling a construction contract. Contractors must pay tax on the purchase of these items because they do not become incorporated or placed in the exempt job even if they are used up during the job.

Purchasing Services When a contractor purchases a service while engaged in a contract with an exempt organization, the contractor must determine if the service will be consumed or resold. Do not assume a contract with an exempt entity means all services can be bought exempt from tax. Only those services resold by the contractor can be purchased exempt from tax. To purchase services for resale, you must issue a resale certificate to the service provider. Services described in Conn. Gen. Stat. §12-407(a)(37) can be resold if they become an integral and inseparable component of the service also enumerated in Conn. Gen. Stat.

§12-407(a)(37) being resold to the exempt entity. Services consumed by the contractor cannot be purchased for resale.

If the contractor is purchasing and consuming a taxable service, the contractor must pay tax to the seller of the service.

For example, a contractor engaged in a contract with an exempt organization purchases secretarial services to process paperwork in the contractor’s business office.

These services are taxable to the contractor because it is a taxable service and the contractor is consuming them.

The services cannot be purchased on resale because they are not considered an integral and inseparable component of the building contract with the exempt entity. However, if a general contractor hires a plumber for a renovation, a resale certificate may be issued to the plumber because the service is considered to be an integral and inseparable component of the building contract.

Note: If the contractor is purchasing services from a temporary employment agency, refer to the section on Temporary Employment Agency Services on Page 13 to determine if the service can be purchased on a resale basis.

Statutory Authority: Conn. Gen. Stat. §12-408(2);

§12-410(5); §12-411(2)

TYPES OF NONTAXABLE CONTRACTS

Contracts With Exempt Organizations The following section defines the type of exempt organization and the exemption certificate issued by the organization to the contractor. In each case, the organization should issue the contractor the applicable certificate for the contractor to retain with its records. The contractor then issues a Contractor’s Exempt Purchase Certificate to its vendors for purchases of materials and supplies installed or placed in the project.

• Entity: A charitable or religious organization that holds an Internal Revenue Service §501(c)(3) or (13) determination letter or a valid exemption permit issued by DRS.

Certificate: CERT-119, Purchases of Tangible Personal Property and Services by Qualifying Exempt Organizations;

• Entity: Nonprofit charitable hospitals, nonprofit nursing homes, nonprofit rest homes, and nonprofit residential care homes licensed by the State of Connecticut under Chapter 368v of the Connecticut General Statutes.

Certificate: CERT-113, Purchases of Tangible Personal Property and Services by a Nonprofit Charitable Hospital, Nonprofit Nursing Home, Nonprofit Rest Home, or Nonprofit Residential Care Home;

• Entity: University of Connecticut Educational Properties Incorporated, with regard to the Connecticut Technology Park.

No certificate;

• Entity: Water companies, as defined in Conn. Gen.

Stat. §16-1.

Certificate: CERT-130, Sales and Use Tax Exemption for Purchases by Water Companies;

• Entity: Tourism districts, as defined in Conn. Gen. Stat.

§32-302.

Certificate: CERT-134, Exempt Purchases by Qualifying Governmental Agencies;

• Entity: Connecticut Resource Recovery Authority (CRRA) or a lessee or operator of a CRRA project.

Certificate: CERT-131, Exemption for Projects of the Connecticut Resource Recovery Authority and Solid Waste-to-Energy Facilities. CERT-131 may also be issued for purchases of services or tangible personal property used or consumed in operating a solid waste-to-energy facility.

16 IP 2006(35), Building Contractors' Guide to Sales and Use Taxes

Contracts With Governmental Agencies Qualifying governmental agencies issue CERT-134, Sales and Use Tax Exemption for Purchases by Qualifying Governmental Agencies, to the contractor. Qualifying governmental agencies include:

• United States government and its agencies;

• State of Connecticut and its agencies;

• Political subdivisions of Connecticut (cities and towns and their agencies including municipal housing authorities);

• State of Connecticut, where through a long term financing contract, it contracts to purchase a particular property from a developer after it is built or renovated;

• Adriaen’s Landing and Rentschler Field; and

• Tax districts.

Turn-Key Contracts: Turn-key contracts with governmental or other exempt entities do not qualify for exemption from tax. Since turn-key contracts are not long-term financing contracts under Conn. Gen. Stat.

§12-412(1)(B), they do not qualify for this exemption. A turn-key contract is one in which the exempt entity contracts for a construction project to be completed by the contractor on land not owned by the exempt entity during the construction period. The title to the property is turned over to the exempt entity at the completion of the project.

Agent of the Government: A governmental agency may appoint a business to act as its agent to purchase goods and services. A principal-agent relationship exists between a business and a governmental agency when all of the following conditions are met:

• The business is expressly acting as an agent for the governmental agency. The contract between the business and the governmental agency must state that the business is acting as an agent for the governmental agency;

• All purchases made by the business for the governmental agency are used exclusively for the governmental agency’s benefit; and

• The governmental agency issues CERT-134 to the business.

The governmental agency signs CERT-134, or in the alternative, the business signs CERT-134 as the purchaser and designates itself as agent of the governmental agency.

The business attaches to the CERT-134 a copy of documentation from the governmental agency expressly designating the business as agent.

Federally Recognized Indian Tribes Contractors performing services in Indian country of a federally recognized Indian tribe must receive a completed CERT-127, Exempt Purchases by an Enrolled Member or by the Tribal Government of the Mashantucket Pequot Tribe or Mohegan Tribe, from the Indian tribe.

Purchases of tangible personal property outside of Indian country of the tribe by contractors or subcontractors of the tribe for use in projects for the tribe within Indian country of the tribe are not subject to Connecticut sales or use tax provided the contractors or subcontractors comply with the provisions of Conn. Gen. Stat. §§12-407(a)(6) or 12-408c.

See DRS Ruling 2002-3 for more information on purchases of tangible personal property outside of Indian country of the tribe.

Contractors issue CERT-128, Exempt Purchases by Contractors in Connection With Construction Projects on the Mashantucket Pequot or Mohegan Reservations, to their vendors when making purchases of tangible personal property where title passes to the contractor in Indian country of the tribe or where delivery of rented property is taken by the contractor in the Indian country of the tribe.

The exemption only applies if the equipment is used exclusively and permanently in Indian country of the tribes and the entire cost of the purchase is passed on to the tribe or an enrolled member of the tribe.

Connecticut Development Authority (CDA) The CDA approves certain projects for exemption under Conn. Gen. Stat. §32-23h. Participants under this program and contractors for such projects should contact the CDA and follow CDA procedures.

Low and Moderate Income Housing Sales of tangible personal property and services used in the construction, rehabilitation, renovation, repair, maintenance, or operation of low and moderate income housing facilities are exempt.

The sponsor of a low and moderate income housing facility applies to DRS using REG-19, Application for a Facility Approval Letter. The letter acknowledges the facility is constructed under the sponsorship of, and owned or operated by, a nonprofit housing organization, as defined in Conn. Gen.

Stat. §12-412(29), or a municipal housing authority as defined in Conn. Gen. Stat. §8-39. For more details, see Policy Statement 2002(6), Sales and Use Tax Exemption for Low and Moderate Income Housing Facilities.

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The sponsoring party issues to the contractor a copy of the Facility Approval Letter specifically identifying the project.

The effective date of the exemption is the issue date of the Facility Approval Letter.

Materials and Labor: To purchase exempt materials and services used in the construction, rehabilitation, renovation, repair, maintenance, or operation of the facility, the contractor must issue CERT-126, Exempt Purchases of Tangible Personal Property or Services for Low and Moderate Income Housing Facilities, to the vendor. The contractor must obtain a copy of the Facility Approval Letter specifically identifying the project from the sponsor, owner, or operator of the facility, and attach it to CERT-126.

The contractor may sell all labor exempt, if the contractor receives CERT-126 with the Facility Approval Letter attached from the sponsor, owner, operator, or another contractor.

Statutory Authority: Conn. Gen. Stat. §12-412(29)

Waste Treatment Facilities There is an exemption for tangible personal property incorporated into or consumed in the operation of industrial waste treatment facilities.

An industrial waste treatment facility treats industrial waste so it may be discharged into the waters of the state or into sewerage systems emptying into those waters. The primary purpose of the treatment is the reduction, control, or elimination of pollution of those waters.

The Department of Environmental Protection (DEP) Water Compliance Unit approves these exempt items.

Materials: Items that appear on the “List of Approved Water Pollution Equipment” contained in Policy Statement 99(3), Tax Exemptions for Certain Water Pollution Control Equipment, and will be incorporated into or used and consumed in the operation of an industrial waste treatment facility are exempt from tax. The contractor purchases the items exempt from tax by issuing its supplier a completed CERT-124, Purchases of Tangible Personal Property Incorporated Into or Consumed in Water Pollution Control Facilities.

If the item is not listed in Policy Statement 99(3) but the purchaser intends to use or consume it in the operation of those facilities, the purchaser must receive written approval from DEP indicating the item is approved for use in a water pollution control facility. The purchaser may then buy the item exempt by issuing both the approval letter and a completed CERT-124 to the purchaser’s supplier.

The contractor must pay tax on all materials and supplies not covered by this exemption.

Labor: Services rendered in the voluntary evaluation, treatment, containment, or removal of hazardous waste or other contaminants of air, water, or soil are not taxable.

Contractors do not charge tax on labor in a voluntary project when incorporating the exempt materials into:

• New construction

• Existing commercial property

• Existing industrial property

• Existing income-producing property.

See Exclusion for Hazardous Waste and Other Contaminant Services on Page 18 for the definition of voluntary.

Statutory Authority: Conn. Gen. Stat. §12-412(21)

Air Pollution Control Facilities There is an exemption for tangible personal property incorporated into or used in an air pollution control facility.

An air pollution control facility reduces, controls, or eliminates air pollution. The DEP approves these exempt items.

Materials: Items that appear on the “List of Approved Air Pollution Equipment” contained in Policy Statement 99(2), Tax Exemptions for Certain Air Pollution Control Equipment, and will be incorporated into or used and consumed in the operation of an air pollution control…