Current through September 9, 2024
(a)
Definitions.
(1) The term
"locksmith services" means repairing, servicing or installing locks and locking
devices, whether such locks and locking devices are incorporated into real
property, such as a deadbolt lock on a door to a building, or are incorporated
into tangible personal property, such as a door lock on an automobile, or are
locks separate and apart from other property, such as padlocks. The term
"locksmith services" also includes unlocking locks or locking devices when a
customer is unable to do so, such as when the key to a motor vehicle is locked
inside such vehicle. The term "locksmith services" does not include key making
or sales of locks and locking devices, which are taxable as sales of tangible
personal property. Charges for the installation of locks and locking devices,
if separately stated from the charge for locks and locking devices on the bill
to the customer, are taxable as locksmith services, and, if not separately
stated, are taxable as part of the charges for sales of locks and locking
devices.
(2) An "integral part"
means a part, such as a bolt, that retains its separate identity even after
being incorporated into a repaired lock. The term "integral part" does not
include materials, such as graphite or oil, that do not retain their separate
identity after being used to repair a lock or locking device, but are consumed
by such service provider in repairing the locks or locking devices.
(b)
Charges made by
providers of locksmith services.
(1)
Providers of locksmith services shall separately state the charge attributable
to the sale of integral parts and the charge attributable to rendering
locksmith services on the bill to the customer. Any fees, such as "service
call" charges, minimum charges, hourly or flat rates, mileage charges, or
pickup or delivery charges, are taxable as charges for locksmith
services.
(2) The fact that
property on which a lock is installed was exempt from tax when it was purchased
by a recipient of locksmith services does not mean that services rendered to it
are not taxable. Thus, for example, locksmith services to a commercial truck
are taxable, even though the purchase of the truck was exempt under section
12-412(70)
of the general statutes.
(3)
Retailers of tangible personal property who purchase locksmith services for
tangible personal property that such retailers are holding for sale, lease or
rental in the normal course of business may purchase the locksmith services and
the integral parts, as provided in this section, on resale.
(c)
Purchases by service
providers. Sales of repair parts to a provider of locksmith services who
uses those parts in repairing locks or locking devices are sales for resale to
such provider if, when used, such parts become an integral part of the repaired
locks or locking devices. Because providers of locksmith services are
considered to be the consumers of supplies used in rendering their services,
sales of tangible personal property, other than integral parts, to a provider
of locksmith services who uses such property in repairing locks or locking
devices are retail sales and are taxable.
(d) See Conn. Agencies Regs. §
12-407(2)(i)(DD)-1
for rules regarding the taxation of locksmith services rendered under
maintenance, repair or warranty contracts.
(e)
Where locksmith services are deemed
to be rendered.
(1) A sale of
locksmith services rendered with respect to locks or locking devices
incorporated into buildings or other real property shall be taxable if the
location of such real property is within Connecticut.
(2)
(A)
Locksmith services rendered with respect to tangible personal property shall be
taxable if the repairs to, servicing or installation of the locks are made in
Connecticut. If the repairs, servicing or installation are done within
Connecticut, the sale of locksmith services shall be taxable, notwithstanding
the fact that the materials consumed in rendering such services were purchased
outside Connecticut, the contract for services was negotiated or executed
outside Connecticut, some of the work with respect to such services is
performed for the locksmith outside Connecticut, the bill or invoice for such
services is mailed to or from an address outside Connecticut, or the purchaser
of such services is a nonresident. However, when a Connecticut locksmith picks
up a lock or tangible personal property containing a lock from outside
Connecticut, or a lock or tangible personal property containing a lock is
shipped from outside Connecticut to the locksmith in Connecticut, locksmith
services are rendered to the lock or item of tangible personal property
containing a lock in Connecticut, and the lock or tangible personal property
containing a lock is delivered or shipped to the customer at an out-of-state
location, the locksmith services, and any integral parts sold therewith, are
not taxable in Connecticut.
(B)
Persons purchasing locksmith services with respect to tangible personal
property from out-of-state retailers shall pay Connecticut use tax on such
purchases if the item being repaired is intended for use and is used within
Connecticut.