SECTION .4700 ‑ PRINTERS AND NEWSPAPER OR MAGAZINE PUBLISHERS

 

17 NCAC 07B .4701          COMMERCIAL PRINTERS AND PUBLISHERS

(a)  All retail sales of tangible personal property by commercial printers or publishers are subject to the applicable statutory state and local sales or use tax unless the sales are subject to a lesser rate of tax under the provisions of G.S. 105‑164.4(a) or are exempt under the provisions of G.S. 105‑164.13.  The following transactions are also exempt from sales or use tax:

(1)           charges for advertising space in newspapers, magazines and other publications;

(2)           charges made by printers for imprinting or binding books or forms or other similar items which are owned by their customers;

(3)           Printed material which is sold by a retailer to a purchaser within or without this state when the printed material is delivered by the printer directly to a mailing house or to a common carrier or to the United States Postal Service for delivery to a mailing house in this state which will preaddress and presort the material and deliver it to a common carrier or to the United States Postal Service for delivery to recipients outside this state designated by the purchaser.

(A)          Sales of printed material by a retailer located within or without this state which is delivered directly to the purchaser in this state for the original purpose of preparing and delivering the printed material to the United States Postal Service or a common carrier for delivery to prospective customers or other recipients outside this state are exempt from sales and use tax provided the purpose is consummated.  A purchaser of the printed material for preparation and delivery to prospective customers and other recipients outside this state must furnish the vendor a written statement certifying that the printed material is being purchased for use in a mailing program which is in place at the time of purchase; otherwise, the vendor must collect and remit the tax on the sales.  Sales of printed materials to a user or consumer in this state to be placed in the purchaser's inventory for use as needed are subject to sales or use taxes notwithstanding that all or a portion of the printed material may be delivered to the United States Postal Service or a common carrier for delivery to prospective customers or other recipients outside this state.

(B)          A retailer who sells printed material delivered to a common carrier or the United States Postal Service for delivery to the purchaser at a point within this state who prepares the material to be mailed to prospective customers or other recipients without charge and transports the material outside this state to be delivered to the United States Postal Service or a common carrier or to a mailing house outside this state for delivery to designated recipients is liable for sales or use tax except as provided in this Rule.

(b)  Retail sales of advertising circulars, catalogues, booklets, pamphlets, forms, tickets, letterheads, envelopes and similar items and retail sales of books, magazines, periodicals, newspapers and other publications are subject to the applicable statutory state and local sales or use tax unless the sales are exempt from tax under the provisions of G.S. 105‑164.13.  When publications, other than magazines, are sold by subscription, the tax accrues at the time the subscription is accepted.

(c)  Sales to commercial printers and publishers of machinery and equipment and parts therefor and accessories thereto for use directly in the production of newspapers, magazines and other printed matter for sale are exempt from sales tax.  Included herein are custom made plates and dies when title thereto does not pass to the printers' customers.  Sales to commercial printers and publishers of tangible personal property such as wood and metal which is used to fabricate plates and dies for use in the production of printed matter for sale are exempt from sales tax when title to the plates and dies does not pass to the printers' customers.  Sales to commercial printers and publishers of machinery, equipment, film, and similar items of tangible personal property for use or consumption directly in the production of the plates and dies are also exempt from sales tax.  It is a printing trade practice that title to lithographic and gravure plates and dies is retained by the printer or publisher.  Unless it is otherwise agreed in writing, the items purchased by the printer or publisher are exempt from sales tax. 

(d)  Sales to commercial printers of custom made plates and dies for resale are exempt from sales or use tax when supported by Streamlined Sales and Use Tax Agreement Certificates of Exemption, Form E-595E.  Sales to commercial printers of tangible personal property as wood and metal which becomes a component part of printing plates produced by the printers for sale to customers are likewise exempt from sales or use tax when supported by certificates of exemption.  However, sales to commercial printers of machinery, equipment, film, and similar items of tangible personal property which do not enter into or become a component part of the plates and dies but are used or consumed by the printer in the direct production of the plates and dies are exempt from sales tax.  When, at the request of the customer, commercial printers purchase custom made printing plates and dies for use in the direct production of the printed matter or when they purchase wood and metal which becomes a component part of printing plates and dies fabricated by the printer for use in the direct production of printed matter and title to the plates and dies passes to the printers' customers, the items may be purchased for resale.  The printer is liable for collecting and remitting the applicable statutory state and local sales or use tax on the total retail sales price of the plates and dies including charges for tangible personal property and art work or any other services that go into the manufacture or delivery thereof.  In such cases, the printer's sales invoices and records must show that the plates and dies are actually sold to the customer; otherwise, the items are deemed to have been used by the printer, and the cost price of same is exempt from sales tax.

(e)  Sales to commercial printers and publishers of tangible personal property which is not resold as such or which does not become an ingredient or component part of the tangible personal property which they produce for sale or which is not production machinery or parts therefor and accessories thereto are subject to the applicable statutory state and local sales or use tax.

(f)  The provisions of Paragraph (d) of this Rule have no application to sales of printing equipment and supplies to firms which operate print shops for the production of printed matter for their own use and not for sale.  Purchases of printing equipment and supplies by such firms are subject to the applicable statutory state and local sales or use tax.

 

History Note:        Authority G.S. 105‑164.4; 105‑164.5; 105‑164.6; 105‑164.13; 105‑262; 105‑264; Article 39; Article 40; Article 42; Article 43; Article 44; Article 46;

Eff. February 1, 1976;

Amended Eff. October 1, 2009; April 1, 2001; October 1, 1993; June 1, 1992; October 1, 1991; February 1, 1988.