Leasing and Rental of Tangible Personal Property

ALABAMA DEPARTMENT OF REVENUE

SALES, USE & BUSINESS TAX DIVISION

RENTAL TAX RULE

810-6-5-.09. Leasing and Rental of Tangible Personal Property.

(1) The term "rental tax" as used in this rule shall mean the privilege or license tax levied in Section 40-12-222, Code of Alabama 1975.

(2) Unless otherwise defined in this rule, the definitions of terms contained in Section 40-12-220 are incorporated by reference herein.

(3) Rental tax is levied on each person, firm, or corporation engaged in the business of leasing or renting tangible personal property in an amount equal to 4 percent of the gross proceeds of the business except the rate of 2 percent shall apply to the gross proceeds from the leasing or rental of linens and garments, and the rate of 1 ½ percent shall apply to the gross proceeds from the leasing or rental of automotive vehicles, truck trailers, semitrailers, and house trailers. (Section 40-12-222)

(4) Persons leasing or renting tangible personal property in Alabama shall apply for and obtain a rental tax license from the department on forms furnished by the department. (Section 40-12-221)

(5) Unless the taxpayer qualifies to file and pay rental tax on a calendar quarter or calendar year basis, rental tax is due and payable in monthly installments on or before the twentieth day of the month next succeeding the month in which the tax accrues. See Rule 810-6-5-.30.01 Filing and Paying State Rental Tax and State-Administered County and Municipal Rental Taxes on a Quarterly or Annual Basis. Every lessor on whom the tax is levied shall prepare and forward to the department within the time prescribed by law, on forms prepared and furnished by the department, a rental tax return for each calendar tax reporting period and shall compute the tax due and shall pay to the department the amount of tax shown to be due. Rental tax returns shall require the following information:

(a) Taxpayer's tax account number, legal name, and complete address,

(b) Period covered by the return and due date of the return,

(c) A breakdown, by applicable tax rate, of the gross proceeds from the rental or leasing of automotive vehicles, truck trailers, semi-trailers, and house trailers; the gross proceeds from the rental or leasing of linens and garments; and the gross proceeds from the rental or leasing of all other tangible personal property,

(d) A breakdown, by otherwise applicable tax rates, of total deductions claimed,

(e) Measure of tax by applicable tax rate,

(f) Gross tax due by applicable tax rate,

(g) Total gross amount of tax due,

(h) Penalties and interest due, if applicable,

(i) Credits claimed, if any,

(j) Total amount due,

(k) Total amount remitted

(l) An indication if payment of tax is made through electronic funds transfer (EFT), and

(m) Taxpayer's signature, title, and date signed.

(6) The gross proceeds from the following transactions are exempted or excluded from the computation of rental tax:

(a) The transactions enumerated in Section 40-12-223.

(b) The detention by the user of freight cars, oxygen and acetylene tanks, and similar property for which detention a demurrage or per diem charge is made against the user of the property. (Section 40-12-220(5))

(c) The leasing or rental of oxygen or durable medical equipment by a participating provider to a recipient of benefits under the Medicare or Medicaid program under orders from a duly licensed physician. The term "durable medical equipment" means equipment which can stand repeated use, is used to serve a purpose for medical reasons, and is appropriate and suitable for use in the home. (Section 40-9-30, Code of Alabama 1975)

(7) When a lessor in Alabama (i) leases tangible personal property to a lessee in another state, (ii) the property is to be used in the other state, and (iii) the lessor's records in this state show that the property is leased in the other state; the gross proceeds derived from the property leased in the other state are not taxable in this state.

(8) When a lessor (i) is located outside Alabama, (ii) leases tangible personal property to a lessee within Alabama and (iii) the leased property is used in Alabama; the total gross proceeds from the lease of tangible personal property in this state are subject to rental tax.

(9) Any person in this state leasing or renting any automotive vehicle, truck trailer, semitrailer, or house trailer is liable for rental tax on the gross proceeds derived from the leases or rentals, although the automotive vehicle, truck trailer, semitrailer, or house trailer may be turned into the lessor in another state. Where any automotive vehicle, truck trailer, semitrailer, or house trailer is leased in another state and turned in to the lessor in this state, the rental receipts therefrom would not be subject to the tax.

(10) Where a lessor leases or rents a truck, truck trailer, or semitrailer to a motor carrier in this state, the total gross receipts from the rental of the truck, truck trailer, or semitrailer would be subject to the tax, although the truck, truck trailer, or semitrailer may occasionally travel in interstate commerce in other states. Where the lessor leases a truck, truck trailer, or semitrailer to a motor carrier outside this state, the receipts therefrom would not be subject to the tax although the truck, truck trailer, or semitrailer may occasionally travel in this state in interstate commerce.

(11) The gross receipts derived from leases or rentals of tangible personal property are not subject to rental tax when the 4 percent amusement tax levied in Section 40-23- 2(2), Code of Alabama 1975, applies to the same gross receipts. Items, the gross receipts from which are taxable under the amusement tax levy, include, but are not limited to, the rental of skates or shoes at skating rinks and bowling alleys, the rental of golf carts and clubs rented by places open to the public, coin-operated music machines located in public places, and coin-operated rides in shopping centers.

(12) The sale of tangible personal property to any person engaged in the business of leasing or renting the same tangible personal property to others in transactions subject to the rental tax is a wholesale sale and not subject to sales or use tax. This exclusion from sales and use tax also applies to replacement and repair parts purchased by the lessor for use in repairing tangible personal property leased or rented by the lessor. Where the lessor sells tangible personal property previously purchased at wholesale for the purpose of renting or leasing the property, regardless of whether the sale is to the person to whom the property had been leased or rented or to some other person, sales tax is due on the gross receipts derived from the sale.

(13) Where the lessor purchases tangible personal property for leasing or rental to others, at wholesale, tax exempt, and thereafter diverts the property to his or her own use, sales tax is due on the fair and reasonable market value of the property at the time of withdrawal.

(14) Any person, who claims the rental tax exemption in Section 40-12-223(4) and thereafter diverts the property to his or her own use, is liable for rental tax on the amount of rental payments he or she pays to the lessor for the period during which the property is diverted and used.

(15) On May 21, 2001, the Governor signed Act No. 2001-636 which amends Alabama Rental Tax Sections 40-12-220 and 40-12-222, Code of Alabama 1975. This amendment to the Rental Tax Law permits lessors of tangible personal property to pass on to lessees such licenses or privilege taxes by adding such taxes to the leasing price or other enumerated charges with all such amounts constituting the gross proceeds subject to the privilege or license tax. The amendment further clarifies that any license or privilege tax passed on to the lessee by adding such tax to the leasing price or otherwise passed on to the lessee, shall be included in the monthly taxable gross proceeds, subject to the rental tax. This amendment to the law did not change the fact that Alabama rental tax is levied against the lessor and is not a consumer tax. Act No. 2001-636 merely clarifies that if rental tax is billed or passed on to the lessee or added as an additional cost of the lease, the additional amount is to be included as a part of the taxable gross proceeds from the lease. Act No. 2001-636 also states that a lessor may not pass on such amounts to the lessee on leases of tangible personal property to the State of Alabama, or a municipality or county of the State, unless the flat amount includes both the tax and the leasing fee.

(16) The rental tax shall be administered and collected in accordance with the uniform procedures set forth in Title 40 and the provisions of Section 40-12-224. These sections do not provide for a discount for prompt payment of rental tax. (Adopted June 18, 1971, amended April 12, 1973, readopted through APA effective October 1, 1982, amended June 5, 1992, amended October 12, 1993, amended April 1, 1996, amended October 20, 1998, amended December 26, 2001) Numeric Index