ISSUE: Is Curran's purchase of the new part exempt from the sales tax under G.L. c. 64H, § 6(s)?
DISSUSSION: Under G.L. c. 64H, § 6(s), sales of machinery and replacement parts are exempt from sales tax if the machinery is used directly and exclusively in an industrial plant in the actual manufacture, conversion or processing of tangible personal property to be sold.
Any part of a machine which helps it to perform its intended function or which is necessary to control, regulate or operate it receives the same tax treatment as the machine itself. Here, the safety device is a part necessary to control, regulate or operate the widget maker since the machine would not be allowed to run without it. Since the widget maker is exempt from sales tax under G.L. c. 64H, § 6(s), the part is also exempt. The part need not have been purchased with the machine to qualify for the exemption.
DIRECTIVE: Curran's purchase of the new part is exempt from the sales tax as machinery used directly and exclusively in the manufacture, conversion or processing of tangible personal property to be sold.
REFERENCE: G.L. c. 64H, § 6(s).
/s/Stephen W. Kidder
Stephen W. Kidder
Commissioner of Revenue
June 1, 1988
This Directive represents the official position of the Department of Revenue on the application of the law to the facts as stated. The Department and its personnel will follow this Directive, and taxpayers may rely upon it, unless it is revoked or modified pursuant to 830 CMR 62C.01(5)(e). In applying this Directive, however, the effect of subsequent legislation, regulations, court decisions, Directives, and TIRs must be considered, and Department personnel and taxpayers may rely upon this Directive only if the facts, circumstances and issues presented in other cases are substantially the same as those set forth in this Directive.