ABOUT THE EXEMPTION FOR INTEGRATED PRODUCTION MACHINERY & EQUIPMENT
WHO MAY USE THIS EXEMPTION? Any manufacturing or
processing business engaged in an integrated production operation
at a plant or facility located in Kansas may use this certificate to
purchase, install or repair integrated production machinery and
equipment without tax. Contractors & repairmen may also use this
certificate to purchase without tax the parts, materials and labor
necessary to install, service, repair or fabricate qualified equipment.
Examples of manufacturing or processing businesses include:
Chemical production; electrical power generation; the fabrication
of automobiles, airplanes, machinery or transportation equipment;
the fabrication of metal, plastic, wood or paper products; newspaper
printing; petroleum refining; water treatment; wholesale bottling;
etc. Also included are agricultural commodity processing operations
(such as meat packing, frozen food processing, and the operations
of a grain storage facility) and operations at a mineral (oil, gas,
stone, sand, etc.) extraction site to clean, separate, grind or
otherwise treat or prepare the product before its transmission to a
refinery or for other wholesale or retail distribution.
Non-industrial businesses whose operations are primarily (more
than 50%) retail, and produce or process tangible personal property
as an incidental part of the retail business may NOT use this
certificate. Retailers who may not use this certificate include:
contractors who alter, service or repair real property; grocers who
butcher or dress livestock or poultry; and retailers who bake, cook
or prepare food products in the regular course of their retail trade.
WHAT IS INTEGRATED PRODUCTION MACHINERY &
EQUIPMENT? To qualify as integrated production equipment, the
item must be an integral or essential part of a process to
manufacture, process, fabricate, finish, or assemble items for
wholesale or retail distribution.
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XEMPT ITEMS INCLUDE (BUT ARE NOT LIMITED TO) MACHINERY AND EQUIPMENT
USED TO:
• Receive, transport, convey, handle, treat or store raw materials
in preparation for their placement on the production line;
• Transport, convey, handle or store the property undergoing
manufacture at any point from the beginning to the end of the
process occurring at the plant or facility;
• Act upon, effect, promote or otherwise facilitate a physical
change to the property undergoing manufacturing or
processing;
• Guide, control or direct the movement of property undergoing
manufacturing or processing;
• Test or measure raw materials, the property undergoing
manufacturing or processing, or the finished product as
necessary by the production operation;
• Plan, manage, control, or record the inventories of raw materials,
consumables, component parts, and the finished product;
• Produce energy for, lubricate, control, or otherwise enable
the function of other production equipment;
• Package the product;
• Transmit or transport electricity, coke, gas, water, steam or
similar substances used in production from the point of
generation (if produced at the plant site), or from the point
where it enters the plant or facility (if purchased or delivered
offsite), to the production operation;
• Cool, heat, filter, refine or otherwise treat water, steam, acid,
oil, solvents or other substances used in production operations;
• Provide and control an environment required to maintain
certain levels of air quality, humidity or temperature in special
and limited areas of the plant or facility where such regulation
is part of and essential to the production process;
• Treat, transport or store waste or other by products of the
production process at the plant or facility; or
• Control pollution produced by the manufacturing or processing
operation at the plant or facility.
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LSO EXEMPT: All labor services to install, repair or maintain the
manufacturing machinery and equipment, and all repair parts,
replacement parts, and accessories for qualified equipment. These
include, but are not limited to: dies, jigs, molds, patterns and safety
devices that are attached to the exempt equipment; and parts and
accessories that require periodic replacement such as belts, cutting
bars, drill bits, grinding balls and wheels, saws; and refractory brick
and other refractory items for exempt kiln equipment used in
production operations.
T
AXABLE ITEMS INCLUDE (BUT ARE NOT LIMITED TO):
• Machinery and equipment used for non-production purposes,
such as accounting, administration, advertising, employee
work scheduling, fire prevention, first aid, marketing, plant
cleaning, plant communications, plant security, record keeping,
or sales and other related activities. Also taxable are
computers and related peripheral equipment not used directly
and primarily to control or measure the manufacturing process,
or furniture and other furnishings (e.g., office equipment).
• Machinery, equipment and tools used primarily to maintain or
repair any type of machinery and equipment, or the building
or plant;
• Transportation, transmission and distribution equipment not
primarily used in the production, warehousing or material
handling process, such as the conveyance of natural gas,
electricity, oil or water, and related equipment located outside
the plant or facility;
• Buildings (other than exempt machinery and equipment that
becomes a structural part of the building) and other real estate
not otherwise exempt, and building fixtures not integral to the
manufacturing operation, such as utility systems for heating,
ventilation, air conditioning, communications, plumbing or
electrical;
• Machinery and equipment used for general plant heating,
cooling and lighting;
• Motor vehicles that are registered to operate on public
highways;
• Employee apparel, except safety and protective apparel that
is purchased by the employer and furnished without charge
to those employees who are involved in production or research
activities; or
• Machinery and equipment used in mining, gas and petroleum
drilling, water drilling, quarrying, sand and gravel extraction
operations, and other similar activities to explore for or extract
petroleum, gas, mineral, rock, sand, water, and other minerals
or similar matter from below the surface of the soil or water or
from a mine.
ADDITIONAL INFORMATION. A more complete discussion of this
sales tax exemption is in the Kansas Department of Revenue’s
Notice 00-08, Kansas Exemption for Manufacturing Machinery &
Equipment as Expanded by K.S.A. 79-3606(fff). This notice is
available by calling 785-368-8222 or from our website:
www.ksrevenue.org.
RETAINING THIS CERTIFICATE. Sellers should retain a completed
copy of this certificate in their records for at least three years from
the date of sale. A seller is relieved of liability for the tax if it obtains
a completed exemption certificate from a purchaser with which the
seller has a recurring business relationship. A certificate need not be
renewed or updated when there is a recurring business relationship
between the buyer and seller. A recurring business relationship exists
when a period of no more than 12 months elapses between sales
transactions.