Arkansas Administrative Code
Agency 006 - Department of Finance and Administration
Division 05 - Division of Revenues
GROSS RECEIPTS TAX RULES
Rule 006.05.08-004-GR-9.16 - SERVICES SUBJECT TO TAX - PET GROOMING AND KENNEL SERVICES
Universal Citation: AR Admin Rules 006.05.08-004-GR-9.16
Current through Register Vol. 49, No. 9, September, 2024
A. DEFINITIONS.
1. "Kennel Service" means an establishment,
other than a pound or animal shelter, where pets, not owned by the proprietor,
are kept, sheltered, fed, and watered in return for consideration, profit, or
compensation. This term shall include all boarding activities for varying
periods of time and does not require an overnight stay. This term shall not
include:
a. Individuals who temporarily, and
not in the normal course of business, board or care for animals owned by other
individuals;
b. Breeding
services;
c. Boarding as part of
medical or veterinary treatment, observation or care of an animal; or
d. Horse stables.
2. "Grooming" consists of any act performed
to maintain or improve the appearance of a pet and includes, but is not limited
to, washing, combing, hair cutting, and nail clipping. This term shall not
include services such as teeth cleaning and dental work, flea dipping,
treatments for skin disease, or similar procedures.
3. A "pet" is any animal that has been tamed
or gentled. The term "pet" does not include:
a. Dogs trained to aid the handicapped or
elderly;
b. Dogs used in law
enforcement;
c. Greyhounds that are
used in greyhound racing meets pursuant to Ark. Code Ann. §
23-111-101, et
seq.; or
d. Livestock such as
cattle, horses, mules, sheep, or hogs.
B. ADMINISTRATION.
1. The gross proceeds or gross receipts
derived from pet grooming and kennel services are subject to state and local
gross receipts taxes. Gross receipts paid to any person who is not a
veterinarian for the grooming of any dog or cat will be presumed to be gross
receipts from the service of pet grooming and subject to tax.
2. Grooming performed for veterinary purposes
shall not be taxable if it is an integral part of the nontaxable service of
veterinary care. If grooming is done for both veterinary and cosmetic reasons,
the primary purpose for the treatment will determine if tax should be
collected. It will be presumed that grooming activities such as washing,
trimming, and cutting are for cosmetic purposes unless it can be shown that the
treatment was primarily done for veterinary purposes. In situations where the
charge for the cosmetic treatment and the veterinary-related treatment can be
invoiced separately, tax should be collected only on the cosmetic portion of
the billing. Taxable grooming services (those performed for cosmetic rather
than medical reasons) are taxable even if they are billed by a veterinarian or
veterinary clinic.
3. Persons or
firms providing taxable grooming services are the consumers of supplies and
equipment that is used or consumed by them in rendering their services and
should pay tax on the purchase of these items.
4. Persons or firms providing pet grooming
services, which the purchaser claims as an exempt transaction, should refer to
GR-79 concerning exemptions. As an alternative to an exemption certificate, a
seller may accept a certification from the purchaser that (i) the animal fits
within one of the categories enumerated in GR-9.16(A)(3) and is not a pet; or
(ii) that the transaction is exempt for other reasons as provided by Arkansas
law.
Source: Ark. Code Ann. § 26-52-316
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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