(a) Definitions.
(1) Clip Art. Clip art is prepackaged art
(including photographic images) which is not produced to the special order of
the customer and which is commercially available on CD ROM, other electronic
media, or by computer program for use in digital page layout. Images that are
enlarged, reduced, or rotated are not considered "produced to the special order
of the customer."
(2) Color
Separator. A color separator is a person who engages in the process of color
separation. The process of color separation divides a full color photographic
image into four separate components, corresponding to the four primary colors
used in process color printing. The color separator may accomplish this
photographically or electronically, and the products of this process may be
either a negative or positive film separation or a separated printing
plate.
(3) Color Separation Working
Products. Color separation working products consist of property such as
photographic film for making transparencies, masks, internegatives,
interpositives, halftone negatives, composite color separation negatives,
goldenrod paper and mylar plastic used in making flats, tape used in stripping
negatives into flats, developing chemicals which become a component part of
negatives and positives, proofing material and ink used in making final proofs,
progressive proofs, and similar items, which are similar in function to special
printing aids as defined in subdivision (a)(12).
(4) Digital Pre-Press Instruction. Digital
pre-press instruction is the creation of original information in electronic
form by combining more than one computer program into specific instructions or
information necessary to prepare and link files for electronic transmission for
output to film, plate, or direct to press, which is then transferred on
electronic media such as tape or compact disc.
(5) Finished Art. Finished art is the final
artwork used for actual reproduction by photomechanical or other processes, or
used for display. It includes electronic artwork, illustrations (e.g. drawings,
diagrams, halftones, or color images), photographic images, sculptures,
paintings, and handlettering.
(6)
Intermediate Production Aids. Intermediate production aids include items such
as artwork, illustrations, photographic images, photo engravings, and other
similar materials which are used to produce special printing aids or finished
artother intermediate production aids.
(7) Mechanical or Paste-Up. A mechanical or
paste-up (also called camera-ready art or camera-ready copy) is produced by
preparing copy to make it camera-ready with all type and design elements, and
then pasting the prepared copy on artboard or illustration board in exact
position along with instructions, either in the margins or on an overlay, for
the platemaker.
(8) Print Broker. A
print broker is a person who contracts to sell printed matter, but who does not
actually engage in the printing process to produce the printed matter to be
sold, instead purchasing the printed matter from a printer or from another
print broker for resale to the print broker's customer. A person who sells
printed matter for which that person did not engage in the printing process is
acting as a print broker even if that person engages in the print process for
other contracts.
(9) Printer. A
printer is a person engaged in the printing process.
(10) Printing Process. The printing process
involves activities related to the production of printed matter such as
letterpress, flexography, gravure, offset lithography, reprography, screen
printing, steel-die engraving, thermography, laser printing, inkjet printing,
and photocopying.
(11) Reproduction
Proof. A reproduction proof is used exclusively for reproduction. It consists
of either a direct impression of composed type forms containing type matter
only or type matter combined with clip art, or a copy of that direct impression
made by any method, including the diffusion transfer method.
(12) Special Printing Aids. Special printing
aids are reusable manufacturing aids which are used by a printer during the
printing process and are of unique utility to a particular customer. Special
printing aids include electrotypes, stereotypes, photoengravings, silk screens,
steel dies, cutting dies, lithographic plates, film, single color or multicolor
separation negatives, and flats. For purposes of this regulation, special
printing aids includes items defined by subdivision (a)(6) as intermediate
production aids.
(b)
Application of Tax.
(1) Sales by Printers.
The production of printed matter for a consumer is a sale of tangible personal
property whether the materials incorporated into the printed matter are
furnished by the consumer or the printer. Unless that sale is exempt from tax,
tax applies to the total gross receipts or sales price of the sale with no
deduction on account of: the cost of the raw materials or other components;
labor or service costs of any step in the process of producing, fabricating,
processing, printing, or imprinting the tangible personal property; or any
other expenses or services that are a part of the sale. Services that are a
part of the sale of tangible personal property to consumers include charges for
overtime, set-up, die cutting, embossing, folding (except as provided in
subdivision (h)), and other binding operations. Printers may not deduct from
the gross receipts or sales price from their sales of printed matter charges
related to their typography work or the cost of typography or typesetting to
them, nor can they deduct the costs of special printing aids for which they are
consumers under subdivision (c)(1)(A), whether or not a separate charge is made
to the customer for the special printing aids. Receipts attributable to such
costs are includable in the measure of tax.
Tax applies to a printer's sale of special printing aids as
provided in subdivision (c).
(2) Purchases by Printers. Printers are
consumers of tangible personal property which is not sold prior to use or
physically incorporated into the article to be sold. Tax applies to the sale of
such property to, or to the use of the property by, a printer and also to any
sale subsequent to its use by the printer. Property ordinarily consumed by a
printer includes machinery (e.g., printing presses, cameras, digital pre-press
equipment, and plate makers), office equipment, and printing aids. Printers,
however, may purchase special printing aids for resale as explained in
subdivision (c).
(c)
Special Printing Aids. In recognition of the unique utility that special
printing aids have to the production of printed matter, the practices of the
industry, and the need to avoid burdening businesses with unnecessary
paperwork, the presumptions and rules set forth in this subdivision apply to a
printer's purchase and sale of special printing aids used to produce printed
matter sold by the printer.
(1) Printer's
Purchase of Special Printing Aids.
(A) When a
printer who uses special printing aids to produce printed matter does not wish
to sell those special printing aids in connection with the printer's sale of
the printed matter so produced, the printer shall include the following or
substantially similar statement in the contract or the sales invoice: "Special
printing aids are not being sold to the customer as part of the sale of the
printed matter, and the selling price of the printed matter does not include
the transfer of title to the special printing aids." When this statement, or a
substantially similar statement, is included in the contract or sales invoice,
the printer retains title to the special printing aids and is the consumer
thereof, without regard to whether the printer separately itemizes a charge for
the special printing aids. Accordingly, the printer may not issue a resale
certificate to purchase such special printing aids for resale, and tax applies
to the cost to the printer of those special printing aids.
(B) Unless the printer includes a statement
in the contract or sales invoice retaining title to the special printing aids,
as described in subdivision (c)(1)(A), it shall be irrebuttably presumed that
the printer resold to the customer the special printing aids purchased or
produced by the printer for use on the customer's job, prior to any use, along
with the printed matter produced with the special printing aids, without regard
to whether the printer separately itemizes a charge for the special printing
aids. Accordingly, unless the printer includes a statement in the contract or
sales invoice retaining title, the printer may issue a resale certificate when
purchasing such special printing aids or their components. If the vendor of the
special printing aids to the printer does not take a valid and timely resale
certificate from the printer stating that the special printing aids are for
resale, the vendor has the burden of showing that the printer actually resold
the special printing aids prior to use as provided in this
subdivision.
(2)
Printer's Sale of Special Printing Aids. When the printer is regarded as
purchasing the special printing aids for resale under subdivision (c)(1)(B),
the following rules apply to determine the application of tax to the printer's
sale of those special printing aids along with the printed matter produced with
the special printing aids.
(A) Retail Sales
of Special Printing Aids.
1. Sales to the
United States Government. When a printer makes a retail sale of special
printing aids along with the printed matter produced with those special
printing aids to the United States Government, the sale of the printed matter
and the special printing aids to the United States Government is exempt from
tax as provided in Regulation 1614.
2. With nontaxable sale of printed matter.
When a printer makes a retail sale of special printing aids to anyone other
than the United States Government along with a nontaxable sale of printed
matter (such as an exempt sale in interstate commerce, an exempt sale of
qualifying newspapers, periodicals, or printed sales messages, or a nontaxable
sale for resale), the printer's sale of the special printing aids is subject to
sales tax. The printer's taxable gross receipts or sales price from the sale of
the special printing aids is deemed to be the sale price of the special
printing aids, or their components, to the printer without regard to whether
the printer separately states a charge for the special printing aids or, if the
printer does so, without regard to the amount of that separately stated charge,
and tax is due measured by that sale price. If the printer has paid California
sales tax reimbursement or use tax on the sale price of the special printing
aids or their components to the printer, no additional tax is due.
3. With taxable sale of printed matter. When
a printer makes a retail sale of special printing aids along with the taxable
retail sale of printed matter, tax applies to the entire charge for the printed
matter and special printing aids, without regard to whether the charge for the
special printing aids is separately stated. If the printer does not make a
separate charge for the special printing aids, the charge for the printed
matter is deemed to include the taxable charge for the special printing aids,
and no further tax is due on account of the sale of those special printing
aids.
(B) Nontaxable
Sales of Special Printing Aids for Resale. A person purchasing printed matter
for resale may also purchase the special printing aids used to produce the
printed matter for resale if that person will, in fact, resell the special
printing aids prior to any use. A printer will not be regarded as selling
special printing aids for resale unless:
1)
the printer separately states the sale price of the special printing aids in an
amount not less than the sale price of the special printing aids, or their
components, to the printer; and
2)
the printer accepts a timely and valid resale certificate in good faith from
the printer's customer stating that the special printing aids are purchased for
resale. The term "special printing aids" on a resale certificate shall be
sufficient to cover all special printing aids as defined in subdivision
(a)(12), and a printer accepting such a resale certificate in good faith will
be regarded as selling the special printing aids for resale provided the
printer includes the required separately stated price for them. Otherwise, the
printer will be regarded as selling the special printing aids at retail, and
will owe tax on that retail sale accordingly. A printer might sell special
printing aids for resale along with printed matter under circumstances where
the sale of the printed matter is for resale and also qualifies for exemption,
such as a sale in interstate commerce where the purchaser will then resell the
printed matter prior to use. However, since a purchaser of special printing
aids from a printer would not be regarded as purchasing them for resale unless
reselling them as part of the sale of the printed matter produced with those
special printing aids, a printer claiming its sale of special printing aids is
for resale should take a resale certificate for its sale of the printed matter
as well, even if the sale of that printed matter would also qualify for
exemption.
1. Sales of printed matter to
multiple purchasers. A person is not purchasing special printing aids for
resale when title to the special printing aids does not pass to that person's
customer prior to any use. If that person's customer does not obtain the right
to exercise dominion and control over the special printing aids, the person
will not be selling the special printing aids to its customer and cannot
purchase the special printing aids for resale. A person does not purchase
special printing aids for resale when the printed matter produced with those
special printing aids is sold to several purchasers. For example, a person
purchasing newspapers for individual sale cannot purchase special printing aids
for resale because the individual purchasers of the newspaper are not also
purchasing the special printing aids. A person purchasing posters for sale to
the general public is not purchasing special printing aids for resale to the
general public. A person purchasing printed cartons to pack items for
individual sale is not purchasing the special printing aids used to produce the
cartons for resale to the ultimate purchasers of the contents of the carton. In
addition to the fact that the multiple purchasers in each of these cases could
not at any time be regarded as purchasing the special printing aids, the retail
purchaser of the end product is not known at the time the special printing aids
are used, meaning that the special printing aids could not in any event be
resold to those purchasers prior to use.
2. Existing obligation to resell special
printing aids. A person cannot purchase special printing aids for resale when
that person does not have an existing obligation to resell those particular
special printing aids since, if the purchaser does not have such an existing
obligation to resell the special printing aids, the printer will use them on
the purchaser's behalf before they could be resold by the purchaser. An
existing obligation may be represented by a purchase order, invoice, or other
existing agreement, whether oral or in writing. If the existing obligation is
an oral agreement, the person purchasing the special printing aids for resale
must have some means to establish that the agreement was in existence no later
than the time the special printing aids were used in the printing
process.
(C)
Split Sales. A printer may use special printing aids to produce printed matter
where a portion of the sale is taxable and a portion of the sale is not
taxable, such as the sale of printed sales messages some of which are delivered
as required for exemption by Regulation 1541.5 and some of which are delivered
directly to the purchaser. If a printer makes a sale of printed matter where a
portion of the sale is taxable and a portion is not taxable along with a retail
sale of the special printing aids used to produce that printed matter, tax is
due on the full sale price of the special printing aids. If the printer
separately states a charge for the special printing aids in an amount not less
than the sale price of the special printing aids or their components to the
printer, tax applies to that separate charge. In the absence of such a separate
charge, the taxable portion of the sale of printed matter will be regarded as
including the sale of the special printing aids provided that the measure of
tax on that sale is at least equal to the sale price of the special printing
aids or their components to the printer. If so, no further tax is due for the
printer's sale of the special printing aids. If the measure of tax on the sale
of the printed matter is less than the sale price of the special printing aids
or their components to the printer, then the printer owes tax on the
difference.
(3) Purchases
and Sales of Special Printing Aids by Print Brokers.
(A) Print Broker's Purchase of Special
Printing Aids for Resale. A person who purchases special printing aids for
resale with printed matter but who will not itself use those special printing
aids in the printing process is a print broker for that purchase and resale. A
print broker who will acquire title to special printing aids from a printer or
other print broker will be irrebuttably presumed to have resold the special
printing aids to the customer, prior to any use, along with the printed matter
produced with the special printing aids provided the print broker has, at the
time of acquisition of the special printing aids, an existing obligation with a
customer for the sale of printed matter and the print broker does not include a
statement in the contract or sales invoice retaining title to the special
printing aids, as described in subdivision (c)(1)(A). Accordingly, unless the
print broker includes a statement in the contract or sales invoice retaining
title, the print broker may purchase such special printing aids for resale
pursuant to its existing obligation and issue a resale certificate for both the
special printing aids and the printed matter. However, without regard to the
taking of a resale certificate, a printer or print broker is regarded as making
a retail sale of the special printing aids, and not a sale for resale, unless
the printer or print broker separately states the charge for those special
printing aids, which charge cannot be less than the sale price of such printing
aids, or their components, to the printer.
(B) Print Broker Issuing Resale Certificate.
A print broker who issues a resale certificate for the purchase of special
printing aids is liable for tax on the print broker's sale price of the special
printing aids, even if the print broker's sale of the printed material produced
with the special printing aids is not subject to tax (such as an exempt sale in
interstate commerce, an exempt sale of qualifying newspapers, periodicals, or
printed sales messages, or a nontaxable sale for resale), unless the print
broker sells the special printing aids to the United States Government or to
another print broker who issues a timely and valid resale certificate in good
faith as provided in this subdivision (c).
(C) Print Broker's Retail Sales of Special
Printing Aids.
1. Sales to the United States
Government. When a print broker who purchases special printing aids under a
resale certificate sells those special printing aids along with the printed
matter produced with those special printing aids to the United States
Government, the sale of the special printing aids to the United States
Government is exempt from tax as provided in Regulation 1614.
2. With nontaxable sale of printed matter.
When a print broker who purchases special printing aids under a resale
certificate makes a retail sale of special printing aids to anyone other than
the United States Government along with a sale of printed matter that is not
taxable (such as an exempt sale in interstate commerce, an exempt sale of
qualifying newspapers, periodicals, or printed sales messages, or a nontaxable
sale for resale), that sale of the special printing aids is subject to tax. If
the print broker separately states a charge for the special printing aids that
is not less than the printer's separately stated sale price for the special
printing aids to the print broker, then tax applies to that separately stated
sale price. Otherwise, tax applies to the the print broker's sale of the
special printing aids measured by the printer's separately stated sale price to
the print broker.
3. With taxable
sale of printed matter. When a print broker who purchases special printing aids
under a resale certificate makes a retail sale of those special printing aids
along with the taxable retail sale of printed matter, tax applies to the entire
charge for the printed matter and special printing aids, without regard to
whether the charge for the special printing aids is separately stated. If the
print broker does not make a separate charge for the special printing aids, the
charge for the printed matter is deemed to include the taxable charge for the
special printing aids, and no further tax is due on account of those special
printing aids.
4. Split Sales. A
print broker may sell special printing aids to produce printed matter the sale
of which is partially exempt and partially subject to tax, such as the sale of
printed sales messages some of which are delivered as required for exemption by
Regulation 1541.5 and some of which are delivered directly to the purchaser. If
a print broker makes a sale of printed matter where a portion of the sale is
taxable and a portion is not taxable along with a retail sale of the special
printing aids used to produce that printed matter, tax is due on the full sale
price of the special printing aids. If the print broker separately states a
charge for the special printing aids in an amount not less than the printer's
separately stated sale price of the special printing aids to the print broker,
tax applies to that separate charge. In the absence of such a separate charge,
the taxable portion of the sale of printed matter will be regarded as including
the sale of the special printing aids provided that the measure of tax on that
sale is at least equal to the printer's separately stated sale price of the
special printing aids to the print broker; if so, no further tax is due for the
print broker's sale of the special printing aids, but if the measure of tax on
the sale of the printed matter is less than the printer's separately stated
sale price of the special printing aids to the print broker, then the print
broker owes tax on the difference.
(d) Conceptual Services.
(1) When the printer makes a lump sum charge
for a taxable sale of printed matter, the full lump sum charge is subject to
tax with no deduction on account of any conceptual or other services performed
to produce that printed matter. When the printer itemizes its charges for a
taxable sale of printed matter, tax applies to the printer's entire charge
except as provided below.
(2) As
part of its contract to produce and sell printed matter, a printer may also
agree to acquire finished art for use in producing the printed matter, and the
acquisition of that finished art may involve the providing of services to
convey ideas, concepts, looks, or messages to a printer's customer which result
in a transfer, enhancement, or revision of either electronic artwork, hard
copies of electronic artwork, or copies of manually prepared artwork. If the
printer states a separate charge for such services which are itemized as
"design charges," "preliminary art," "concept development," or any other
designation that clearly indicates that the charges are for such services and
not for finished art, they are nontaxable unless the contract of sale provides
that the printer will pass to its customer title or the right to permanent
possession of the artwork in tangible form, such as on electronic media or hard
copy, or permanent possession of the artwork in tangible form is, in fact,
transferred to the client. The remainder of the printer's charge is subject to
tax.
(3) If a printer separately
itemizes charges for finished art that also include charges for conceptual
services described in subdivision (d)(2), it will be rebuttably presumed that
75 percent of the combined charge for the finished art and conceptual services
is for the nontaxable services. If, however, the printer acquires the finished
art and conceptual services from a commercial artist (rather than producing the
finished art itself) and the commercial artist itemizes a separate charge for
conceptual services that is less than 75 percent of the commercial artist's
combined charge for conceptual services and finished art, that lesser
percentage shall be applied to the printer's combined charge for final art and
conceptual services to determine the total nontaxable charges for conceptual
services. Tax applies to the remaining portion of the combined charge for final
art and conceptual services unless:
1) the
printer passes title to the final art to its customer; and
2) that transfer qualifies a technology
transfer agreement under subdivision (b)(2)(D)2 of Regulation 1540, in which
case tax applies to the charge for finished art in accordance with that
provision. A separately itemized charge for special printing aids is not a
separately itemized charge for finished art and conceptual services, and no
portion of that charge is excluded from tax as a charge for nontaxable
conceptual services.
(e) Color Separators. The application of tax
to printers as explained in this regulation also applies to color separators.
Color separators are consumers and not retailers of tangible personal property
which is not sold prior to use or physically incorporated into the article to
be sold. Tax applies to the sale of such property to, or to the use of such
property by, the color separator. Examples of such property include filters and
screens, trial proofing materials, disposable lithographic plates, and
developing chemicals which do not become incorporated into the article sold.
Color separator working products are special printing aids for purposes of this
regulation, and the provisions of subdivision (c) apply to their purchase and
sale. Color separators, and persons such as printers when acting as color
separators, may purchase color separator working products for resale when title
to such property passes to the customer prior to use by the color separator as
described in subdivision (c). The term "color separator working products" or
"special printing aids" on a resale certificate shall be sufficient to cover
all such products.
Charges for alterations of film work for $100 or less shall
be considered charges for restoring property to its original condition and not
subject to tax. Charges greater than $100 shall be considered charges for
fabrication labor and subject to tax.
(f) Composed Type.
(1) In General. Tax does not apply to the
fabrication or transfer by a typographer or typesetter of composed type, or
reproduction proofs of such composed type to printers to use in the preparation
of printed matter. The composition of type is the performance of a service, and
tax does not apply to charges for such service, unless that service is a part
of the sale of printed matter. Tax applies to the gross receipts from the sale
of printed matter without any deduction for the charge for typography. Tax
applies to charges for transfers of composed type combined with artwork as
provided in subdivision (f)(3).
Typographers and typesetters are the consumers and not
retailers of materials, such as typesetting machinery, metal forms, galleys,
proofing paper, and cleaners which are used in the performance of their service
and are consumers of materials transferred to their customers incidental to the
performance of nontaxable typography or typesetting services, such as clip art
that is combined with text on the same page.
Composed type includes type together with lined borders and
plain, straight, fancy, or curved lines. Composed type also includes charts,
tables, graphs, and similar methods of providing information.
(2) Photocomposition (Including
Phototypesetting and Computer Typesetting). Tax does not apply to the composing
of type regardless of whether the type is composed by means of such simplified
methods as standard typewriter, desktop publishing, Varityper or Justowriter;
by means of photolettering or headlining machines; or by means of a
photocomposition (including computer photocomposition) method. Tax does not
apply to the transfer, whether temporary or permanent, of the direct product of
the type composition service or copy thereof (e.g., typeset matter direct from
the typesetting machine ready to be cut and pasted up for reproduction or
computer generated type), if that product contains text only or text combined
with clip art, whether that product is a paper or film (negative or positive)
product, provided the product or copy is to be used exclusively for
reproduction.
The transfer of camera-ready copy containing text only or
text and clip art in the form of a paste-up, mechanical, or assembly, or a
camera-ready reproduction of such, is the transfer of composed type and the
charge made by the typographer or typesetter to his or her customer is not
subject to tax. Tax does not apply to the transfer of a direct
photoreproduction of type composed by means of a photolettering or headlining
machine or other similar device.
Camera-ready copy which is produced through the use of
desktop publishing software and a personal computer is nontaxable composed type
provided it does not contain artwork other than clip art.
Transfers of plates and mats for use in the printing
process which are produced using composed type are subject to tax, and tax
applies to the entire charge made to the customer including any portion of the
charge attributable to the type composition service, whether that charge is
separately stated or not. Transfers of engraved printing plates and duplicate
plates such as electrotypes, plastic plates, rubber plates, and other plates
used in letterpress printing are subject to tax. Similarly, transfers of
exposed presensitized, wipe-on, deep-etch, bi-metal and other plates used in
offset lithography or of exposed plates produced by a photo-direct method, do
not qualify as transfers of reproduction proofs of composed type and are
subject to tax. A transfer of gelatin coated film to be transferred to fine
mesh silk in the silk-screening process is subject to tax.
(3) Artwork. Artwork, other than clip art
combined with composed type on the same page, is not composed type. The term
"artwork" includes illustrations (e.g., drawings, diagrams, halftones, or color
images), photographic images, drawings, paintings, handlettering, and computer
generated artwork. If the basis for billing is on a per page basis, the charge
for any page with artwork is subject to sales tax and the charge for any page
with only text, or text and clip art, is not subject to tax. If the basis for
billing is lump sum, the ratio of pages containing artwork to the total number
of pages, applied to the lump sum charge, represents the retail sale price of
the artwork and is subject to tax, but in no event shall the retail sale price
of the artwork be less that the sale price of the artwork, or its components,
to the typographer.
However, if ten percent or fewer of the pages contain
artwork, the true object of the sale shall be deemed to be a sale of typography
services with an incidental transfer of artwork, and the typographer is the
consumer of that artwork. Tax applies to the sale price of the artwork, or its
components, to the typographer. Tax does not apply to the sale of the
typography service as explained in subdivision (f)(1).
(4) Reproduction Rights. Notwithstanding
subdivision (f)(3), if the transfer of artwork qualifies as a technology
transfer agreement under subdivision (b)(2)(D)2. of Regulation 1540, tax
applies to the transfer of the artwork in accordance with that
provision.
(g) Digital
Pre-Press Instruction. Digital pre-press instruction is a custom computer
program under section
6010.9
of the Revenue and Taxation Code, the sale of which is not subject to tax,
provided the digital pre-press instruction is prepared to the special order of
the purchaser. Digital pre-press instruction shall not, however, be regarded as
a custom computer program if it is a "canned" or prewritten computer program
which is held or existing for general or repeated sale or lease, even if the
digital pre-press instruction was initially developed on a custom basis or for
in-house use. The sale of such canned or prewritten digital pre-press
instruction in tangible form is a sale of tangible personal property, the
retail sale of which is subject to tax.
(h) Mailing. Tax does not apply to charges
for postage or for addressing for the purpose of mailing (by hand or by
mechanical means), folding for the purpose of mailing, enclosing, sealing,
preparing for mailing or mailing letters or other printed matters, provided
such charges are stated separately on invoices and in the accounting records.
Tax applies, however, to charges for envelopes.
(i) Signs, Show Cards, and Posters. Tax
applies to retail sales of signs, show cards, and posters, and to charges for
painting signs, show cards, and posters, whether the materials are furnished by
the painter or by the customer.
Tax does not apply to charges for painting or lettering on
real property. The painter or letterer is the consumer of the materials used in
such work, and tax applies with respect to the sale of such property to, or the
use of such property by, the painter or letterer.
NOTE: For Publications, exemption of certain, see
regulation 1590 (Section
1590), Title 18).
NOTE: For Advertising Agencies, see regulation 1540
(Section 1540, Title 18). For Mailing
Services, see regulation 1504 (Section
1504, Title 18).