Ohio Admin. Code 5703-9-24 - Household goods movers engaged in highway transportation for hire
(A) Household goods
movers engaged in "highway transportation for hire" as defined by division (Z)
of section 5739.01 of the Revised Code may
claim the exemption provided for under division (B)(32) of section
5739.02 of the Revised Code on
the purchase or lease of motor vehicles, such as trucks and trailers, used by
the household goods mover engaged in highway transportation for hire. Equipment
carried on a motor vehicle is exempt under division (B)(32) of section
5739.02 of the Revised Code if
it is "attached to or incorporated in" the motor vehicle.
For the purpose of providing guidance as to what is "attached to or incorporated in . . . motor vehicles" this rule sets forth nonexclusive examples of equipment that do and do not qualify for the exemption under division (B)(32) of section 5739.02 of the Revised Code.
(1) The following are examples
of items, not inclusive, that are considered "attached to or incorporated in"
the motor vehicles and are exempt under division (B)(32) of section
5739.02 of the Revised Code:
(a) Spring loaded logistic straps,
(b) Decking bars,
(c) Auto tie downs,
(d) Tie down straps,
(e) Walkboards,
(f) Padlocks and seal locks.
(2) The following are examples of
items, not inclusive, that are not considered "attached to or incorporated in"
the motor vehicles and are not exempt under division (B)(32) of section
5739.02 of the Revised Code:
(a) Pads (including "Blue pads," burlap
moleskin, and door jamb pads),
(b)
Dollies and carts (including four-wheel dollies, appliance dollies and carton
dollies),
(c) Piano
boards,
(d) Ladders,
(e) Refrigerator covers,
(f) Rug runners,
(g) Rubber bands and bungie cords.
(B) No exemption may be
claimed under division (B)(32) of section
5739.02 of the Revised Code on a
purchase that includes taxable and non-taxable equipment unless the invoice
provided by the vendor separates charges for taxable equipment from charges for
non-taxable equipment. Failure to separate charges will likely subject both
taxable and non-taxable equipment to the tax.
(C) Incidental storage-in-transit provided by
household goods movers engaged in "highway transportation for hire" is not the
provision of storage under division (B)(8
9 ) of section
5739.01 of the Revised Code. As
used in this paragraph, "incidental storagein-transit" means the storage is
associated with a move provided by a person engaged in "highway transportation
for hire" and at the time the contract was entered into for the move the
anticipated time of storage was for one hundred eighty days or less. Any
storage that is anticipated to be longer or extends beyond one hundred eighty
days is not incidental storage-in-transit.
Notes
Promulgated Under: 119
Statutory Authority: 5703.05
Rule Amplifies: 5739.01, 5739.02
Prior Effective Dates: 06/06/2003, 01/01/2004, 12/19/2016
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.