1320-05-01-.54
Repair Services
Cite as Tenn. Comp. R. & Regs. 1320-05-01-.54
(1)
All charges for repair services and repairs of any kind of tangible personal property, such as
automobiles, clothing, watches and jewelry, office equipment, machinery, tires, etc., including
all parts and/or labor, are subject to the Sales Tax. This includes occasions when there may
be no new parts involved in the transaction, and occasions when a customer may furnish any
or all of the parts necessary for the repair work. Any factor entering into the consideration
STATE SALES AND USE TAX RULES
CHAPTER 1320-05-01
charged for repair services and repairs such as “service call”, minimum charge, hourly or flat
rates, mileage, etc., shall be subject to the Sales Tax.
(2)
For the purposes of this rule, “repair services” and “repairs” of tangible personal property
shall mean and include any one or all of the following for a user and consumer; work done to
preserve or restore to or near the original condition made necessary by wear, normal use,
wastage, injury, decay, partial destruction, or dilapidation; mending, correction, or adjustment
made for any defect or defective portion; alterations; refinishing; any cleaning that is a
necessary part of any repair work; “service calls” where any repair work is done or
contemplated; and changes in the size, shape, or content. Repair services and repairs of
tangible personal property shall not include any maintenance or other work on buildings, or
electrical wiring, plumbing, or fixtures attached to and a part of any real property; installation
of tangible personal property not incidental to a sale or repair thereof; service calls where no
repair is contemplated; work done on one’s own property insofar as labor is concerned, either
personally, or by one’s own employees, (but not to include parts, supplies, etc., all of which
are taxable); or engraving not incidental to a sale of tangible personal property. In the event
any services and repairs are not taxable, the charges therefor must be billed separately to
the customer and indicated as such on the books and records of the dealer.
(3)
Dealers performing repair services and repairs of tangible personal property may purchase
repair parts, repair services, and containers, labels, etc., for packaging work repaired, without
tax, on a certificate of resale. All equipment, energy fuel, and other supplies and taxable
services are subject to the Sales or Use Tax, and the tax due thereon must be paid to the
vendor.