Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: Section 144.030.2(2), RSMo exempts from
taxation certain materials, goods, machinery and parts. This rule explains the
requirements for this exemption.
(1) In general, purchases of ingredients or
component parts are exempt from tax if they blend with the final product and
are intended to and do become a part of the finished product. In addition,
materials that are consumed in the manufacturing, processing, compounding,
mining, producing or fabricating of products intended to be sold ultimately for
final use or consumption are exempt from tax.
(2) Definition of Terms.
(A) Component part-a constituent element of a
manufactured or fabricated product.
(B) Ingredient-an element in a mixture or
compound.
(C) Interacting-means
that the materials and component parts or ingredients act upon each other in
manufacturing a steel product.
(D)
Reacting-means that the materials cause a chemical change in the component
parts or ingredients in manufacturing a steel product.
(E) Steel product-the product made entirely
of steel resulting from:
1. Smelting and
refining molten pig iron, scrap steel or other metals; or
2. Rolling, drawing, casting or alloying
steel.
(3)
Basic Application of Exemption.
(A)
Materials, manufactured goods, machinery, and parts that become a component
part or ingredient of new personal property to be sold ultimately for final use
or consumption are not subject to tax. Purchases of ingredients or component
parts are exempt from tax if they are intended to and do become a part of the
finished product. The exemption does not apply to materials that are totally
consumed and are not intended to and do not become a part of the final product.
In order to qualify for this exemption, the material in question must be
intended to remain in the finished product in at least trace amounts for a
specific purpose.
(B) Materials,
including without limitation, slagging materials and firebrick, which are
consumed in the manufacturing process by blending, reacting or interacting with
or by becoming, in whole or in part, component parts or ingredients of steel
products to be sold ultimately for final use or consumption are exempt from
tax.
(C) If any portion of
purchased material qualifies as an exempt ingredient or component part, the
entire purchase is exempt from tax. The material is exempt even if a
significant portion is consumed in the manufacturing process.
(D) Materials purchased to be used as an
ingredient or component part to repair existing property does not qualify for
these exemptions because the property produced from the repair work does not
constitute "new personal property."
(4) Examples.
(A) A toy manufacturer purchases wood, glue,
and paint to use in the manufacturing of wooden rocking horses. The purchases
of wood, glue and paint are exempt from tax.
(B) A restaurant purchases apple wood to use
in the smoking of foods. The restaurant burns the wood in a closed chamber,
called a smoker, in which it places the food. The burning wood releases
compounds, and small but measurable quantities of the compounds enter and
permeate the food. Because a part of the wood, in the form of smoke particles,
blends with and remains as part of the finished product, the apple wood may be
purchased tax exempt as an ingredient or component part.
(C) An automobile manufacturer purchases wax
to wax all automobiles as they leave the manufacturing plant. The wax qualifies
as a component part because it is intended to remain with the
product.
(D) A steel mill purchases
firebrick and various gases to be used in the production of steel. These
purchases are exempt.
(E) A steel
fabricator purchases welding rods for use in fabricating a product out of steel
plates. The welding rods are exempt because they become a component part of new
personal property.
*Original authority: 144.270, RSMo 1939, amended 1941,
1943, 1945, 1947, 1955, 1961.