Identifying Information:

Containers

Tax Type:	Kansas Retailers' Sales Tax
Brief Description:	Containers
Keywords:
Effective Date:	08/01/1991

SUBJECT: CONTAINERS #24 (8/91)

STATUS: The general rule is that wrappers, containers, and/or other shipping or handling materials that actually accompany a product are not subject to sales tax.
However, if the retailer of the tangible personal property retains title
to the wrapper/container/shipping/handling materials or, where the wrapper/container/shipping/handling materials are to be returned to the retailer by the consumer, the wrapper/container/ shipping/ handling materials are subject to sales tax.

BASIS: K.S.A. 79-3603(a) imposes a sales tax, "upon the gross receipts received from the sale of tangible personal property at retail within this state".

K.A.R. 92-19-54. Ingredient or Component Part. "...(d) Each container, wrapper or other shipping or handling material actually accompanying the product sold is not subject to sales tax.
(e) Each retailer purchasing a container or other shipping or handling material for consumption which is not for resale as described in paragraph (d) is subject to sales tax. Each purchase by a retailer of a container or other shipping or handling material in which title remains with the retailer when the tangible personal property contained therein is sold by the retailer, or where the container or other shipping or handling materials are to be returned to the retailer by the consumer of the tangible personal property, is subject to sales tax.
(f) Each purchase of a container, wrapper or other shipping or handling material by a retailer using the container, wrapper or other handling material to provide nontaxable services is deemed to be consumed by the service provider and is subject to tax.

K.S.A. 79-3602(l), "Ingredient or component part" means tangible personal property which is necessary or essential to, and which in actually used in and becomes an integral and material part of tangible personal property or services produced, manufactured or compounded for sale by the producer; manufacturer or compounder in its regular course of business. The following item of tangible personal property are hereby declared to be ingredients or component parts, but the listing of such property shall not be determined to be exclusive nor shall such listing be construed to be a restriction upon, or an indication of, the type or types of property to be included within the definition of "ingredient or component parts" as herein set forth: (1) Containers, labels and shipping cases used in the distribution of property produced, manufactured or compounded for sale which are not to be returned to the producer, manufacturer or compounder for reuse.
(2) Containers, labels, shipping cases, paper bags, drinking straws, paper plates, paper cups, twine and wrapping paper used in the distribution and sale of property taxable under the provisions of this act by wholesalers and retailers and which is not to be returned to such wholesaler or retailer for reuse.
(3) Seeds and seedlings for the production of plants and plant products produced for resale.
(4) Paper and ink used in the publication of newspapers.
(5) Fertilizer used in the production of plants and plant products produced for resale.
(6) Feed for animals, fowl and fish, the primary purpose of which is use in agriculture, the production of food for human consumption, the production of animal, dairy, poultry or fish products, fiber, fur, or the production of offspring for use for any such purpose or purposes."

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