ST 2008-04 - Sales and Use Tax: Aircraft Parts and Repair–
Issued August 2008, Revised January 2009
Am. Sub. H.B. 420 of the 127th Ohio General Assembly included
an amendment to the recently-enacted sales and use tax
exemption for aircraft maintenance and repair
transactions. This release is a revision of Information
Release ST 2008-04, issued in August 2008 to incorporate the
changes enacted in Am. Sub. H.B. 420.
Am. Sub. H.B.562 of the 127th Ohio General Assembly included
a new sales and use tax exemption, found in Ohio Revised Code
section 5739.02(B)(49). That exemption was effective
Aug. 1, 2008 and applied to:
(49) Sales of materials, parts, equipment, or engines used in
the repair or maintenance of aircraft or avionics systems of
such aircraft, and sales of repair, remodeling, replacement,
or maintenance services at a federal aviation administration
certified repair station in this state performed on aircraft
or on an aircraft's avionics, engine, or component materials
or parts. As used in division (B)(49) of this section,
"aircraft" means aircraft of more than six thousand pounds
maximum certified takeoff weight or used exclusively in
general aviation.
Effective Feb. 1, 2009, Am. Sub. H.B. 420 deleted the phrase
“at a federal aviation administration certified repair
station” from the above language. Thus, as of Feb. 1,
2009, the exemption will apply to:
*** sales of repair, remodeling, replacement, or maintenance
services in this state performed on aircraft or on an
aircraft’s avionics, engine, or component materials or parts.
The first part of the exemption dealing with sales of
“materials, parts, equipment, or engines of aircraft or
avionics systems of such aircraft” is unchanged.
What is Covered by the Exemption?
The first portion of the new statutory provision exempts
“Sales of materials, parts, equipment, or engines used in the
repair or maintenance of aircraft or avionics systems of such
aircraft.” Thus, any purchase of materials, machinery,
parts, tools, or engines used in the repair of aircraft or
the avionics of aircraft qualifies for exemption. Note:
tools or equipment that may be used for repair or maintenance
of aircraft and avionics that are also used by the consumer
for other purposes would be exempt only if the primary
(majority) use of the item purchased will be in the repair or
maintenance of aircraft or avionics.
From Aug. 1, 2008 through Jan. 31, 2009, the second portion
of the exemption applies to “sales of repair, remodeling,
replacement, or maintenance services at a federal aviation
administration certified repair station in this state
performed on an aircraft or on an aircraft’s avionics,
engine, or component materials or parts.” Repair,
remodeling, replacement or maintenance transactions that
occur at a repair facility that is not a Federal Aviation
Administration (FAA) certified repair station during this
period do not qualify for this exemption. Beginning
Feb. 1, 2009 all such aircraft repair, remodeling,
replacement or maintenance transactions qualify for the
exemption regardless of whether the repair facility is an FAA
certified repair station.
What is an “Aircraft” for Purposes of this
Exemption?
A general definition of an “aircraft” includes essentially
any vehicle that is able to fly. This includes both
lighter than air vehicles such as balloons and heavier than
air vehicles such as fixed wing aircraft and
helicopters. For purposes of this exemption, an
“aircraft” includes those aircraft that are
either “of more than six thousand pounds
maximum certified takeoff weight” or are “used exclusively in
general aviation.” To qualify, an aircraft must meet
one of the two criteria; it need not meet both. The
Aircraft Owners and Pilots Association website provides the
following definition of “general aviation”:
General aviation is all civilian flying except scheduled
passenger airlines.
Military aviation and scheduled passenger flights are not
considered to be “general aviation. However, other
exemptions may apply to repair and maintenance parts and
services for aircraft used for military or scheduled
passenger aviation. Generally, parts for and repairs to
military aircraft would be exempt as sales to an exempt
government entity. Scheduled passenger airlines that
operate under a “Certificate of Public Convenience and
Necessity” issued by the United States Department of
Transportation are considered public utilities under R.C.
5739.01(P) and are entitled to exemption on parts and repairs
to those aircraft used in that service.
Examples
The following are some examples, in question and answer
format, dealing with the application of this exemption.
Q1. What is the effective date of the new
exemption?
A1.The exemption went into effect on Aug. 1, 2008. The
effective date of the amendment to the exemption is Feb. 1,
2009.
Q2. I operate an FAA certified repair station and I
took an aircraft in to perform maintenance in July
2008. I returned the aircraft to the customer and
billed the customer for the repair in August. Does the
exemption apply?
A2. Under the facts described, the transaction would be
exempt. However, if the repairs were billed prior to
August 1, or if the repairs were completed and delivered to
the customer prior to August 1, the tax would apply.
Q2a. I operate a repair facility that is not an FAA
certified repair station. I took in an aircraft to
perform maintenance in December 2008. I returned the
aircraft to the customer and billed the customer for the
repair in February 2009. Does the exemption
apply?
A2a. As noted in the answer to question 2, above, so
long as the repairs were not completed and delivered to the
customer, and the customer was not billed for the repair
prior to Feb. 1, 2009, the exemption would apply.
Q3. I perform aircraft repair and am an FAA-qualified
mechanic. However, my business is not an FAA certified
repair station. Does the exemption apply to repairs or
maintenance I perform on general aviation aircraft? If
not, what is the taxable price of my repairs or
maintenance?
A3. No, for periods prior to Feb. 1, 2009. The
exemption for repairs and maintenance only applies to those
services performed by an FAA certified repair station.
You should still collect and remit tax on your transactions
performed in Ohio. If you separate the charges for
parts and labor in your bill to the customer, only the labor
portion of the repair or maintenance service would be
taxable. If you do not separate the charges, the entire
charge to the customer would be taxable.
For periods beginning Feb. 1, 2009, yes, the exemption
applies.
Q4. I operate an FAA certified repair station and I
repair commercial passenger aircraft. Does the
exemption apply to these transactions?
A4. Commercial passenger aircraft are not used in general
aviation. However, to the extent these aircraft are in
excess of six thousand pounds maximum certified takeoff
weight, the exemption would apply to your repair and
maintenance of them. Furthermore, commercial passenger
airlines that hold a Certificate of Public Convenience and
Necessity under 49 U.S.C. 41102 are defined as “public
utilities” under Ohio Revised Code (“R.C.”) section
5739.01(P). Repairs to items used directly in the
rendition of a public utility service are exempt from Ohio
sales or use tax. See R.C. 5739.01(B)(3)(a) and
5739.02(B)(42)(a). [Note: for transactions on or after
February 1, this answer would apply regardless of whether the
repair facility was an FAA certified repair station.]
Q5. I repair and maintain my own aircraft and
aircraft that belong to others. I do not,
however, operate an FAA certified repair station. Do I
need to pay tax on my purchases of parts or equipment used to
repair and maintain my aircraft? What about the parts
and equipment I use to repair other persons’
aircraft?
A5. Even for periods prior to Feb. 1, 2009, the exemption for
“sales of materials, parts, equipment, or engines used in the
repair and maintenance of aircraft or avionics of such
aircraft” is not limited to FAA certified repair
stations. So the exemption would apply to your
purchases of these parts and equipment. You should give
your supplier a fully-completed exemption certificate when
making an exempt purchase.
Q6. I had my general aviation aircraft repaired at a
repair station outside Ohio. Do I owe use tax on the
receipt of the benefit of the repair service when I bring the
airplane back to Ohio?
A6. If the repair was performed on or after Feb. 1, 2009, you
would not owe use tax. R.C. 5741.02 exempts from the
Ohio use tax, “tangible personal property or services, the
acquisition of which, if made in Ohio, would not be subject
to (the Ohio sales tax).”
For repairs performed prior to Feb. 1, 2009, if the
out-of-state repair station was FAA certified, you would not
owe Ohio use tax. However, if the repair was performed at a
repair station that was not FAA certified, Ohio use tax would
be due. If sales tax was properly charged and paid to
the state where the repair was performed, you can claim a
credit against the Ohio use tax up to the amount of the tax
paid to the other state.
Q7. Does the exemption apply only to the state sales
and use tax, or does it also apply to local sales and use
taxes?
A7. The exemption applies to all state and local (county and
transit authority) sales and use taxes.
Questions?
If you have any questions regarding this matter, you should
direct your questions to one of our taxpayer service centers
or call 1-888-405-4039.
OHIO RELAY SERVICES FOR
THE HEARING OR SPEECH IMPAIRED
Phone: 1-800-750-0750