New York Codes, Rules and Regulations
Title 20 - DEPARTMENT OF TAXATION AND FINANCE
Chapter IV - Sales And Use And Other Miscellaneous Taxes
Subchapter A - Sales And Use Taxes
Part 526 - Definitions
Section 526.8 - Tangible personal property

Universal Citation: 20 NY Comp Codes Rules and Regs ยง 526.8

Current through Register Vol. 46, No. 12, March 20, 2024

Tax Law, § 1101(b)(6)

(a) Definition.

The term tangible personal property means corporeal personal property of any nature having a material existence and perceptibility to the human senses. Tangible personal property includes, without limitation:

(1) raw materials, such as wood, metal, rubber and minerals;

(2) manufactured items, such as gasoline, oil, chemicals, jewelry, furniture, machinery, clothing, vehicles, appliances, lighting fixtures, building materials;

(3) artistic items, such as sketches, paintings, photographs, moving picture films and recordings;

(4) animals, trees, shrubs, plants and seeds;

(5) water;

(6) coins and other numismatic items, when purchased for purposes other than for use as a medium of exchange;

(7) postage stamps, when purchased for purposes other than mailing; and

(8) precious metals in the form of bullion, ingots, wafers and other forms.

(b) Gas, electricity, refrigeration and steam are not considered tangible personal property for the purpose of the tax imposed on utility services. Gas sold in containers or in bulk for purposes other than heating, cooking or lighting is considered tangible personal property. See section 527.2 of this Subchapter.

(c) Tangible personal property does not include:

(1) real property;

(2) intangible personal property.

Example 1:

A corporation has bonds printed. It purchases paper, which is tangible personal property, printing and signature services, and must pay the tax on these charges. When the corporation issues the bonds as evidence of indebtedness, the bonds at this point in time are not tangible personal property subject to the sales tax. If, after the bonds are redeemed by the corporation, the bonds are sold for display or collection purposes, they become tangible personal property which is subject to the sales tax.

(d) Property sold as tangible personal property, and subsequently annexed to real property, or which becomes part of real property, is nevertheless considered tangible personal property at the time of sale.

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