Private Letter Ruling

Ruling Number:P-2005-009
Tax Type:Kansas Retailers' Sales Tax
Brief Description:Sales tax on receipts of a YMCA facility.
Keywords:
Approval Date:05/31/2005



Body:
Office of Policy & Research


May 31, 2005


XXXXX
XXXXX
XXXXX
XXXXX

Dear XXXXX:

I have been asked to respond to your letter received by this office on December 20, 2004. In it, you ask for guidance on the application of Kansas retailers’ sales tax on receipts of the XXXXX YMCA.

There is no imposition of Kansas retailers’ sales tax on the following gross receipts:

Donations, interest on Trust assets, interest on money market accounts, farm income, United Way receipts, personal trainer, massage therapy, child watch, locker rentals, rent paid for use of facilities, vending machine commissions.

The YMCA’s are exempted by K.S.A. 79-3606 from the duty to collect tax on the receipts from:

Swimming programs, gymnastic programs, K-3rd basketball programs, K-3rd indoor and outdoor soccer, youth fitness, women’s and coed volleyball, children's birthday parties and retail sales of goggles, racket balls, etc.

Allow me to explain our rationale:

The 1998 legislature exempted membership dues and recreational activity fees that are paid to certain nonprofit community service organizations. For this exemption to apply, the organization must qualify for exemption from property tax under the Ninth paragraph of K.S.A. 79-201. Examples of Organizations that may qualify are the American Red Cross, Big Brothers & Big Sisters, Boy Scouts, Girl Scouts, YMCA, YWCA, community health centers, local community organizations, and social services organizations. K.S.A. 79-3603(m).
This means that all nonprofit organizations that qualify for this exemption may purchase tangible personal property exempt from sales or compensating tax; and sell tangible personal property with no duty to register, collect and remit sales tax. Please note that this exemption does not exempt the nonprofit organization from sales tax when purchasing of a taxable service; nor the duty to register, collect and remit sales tax on the gross receipts from the providing of a taxable service.

This private letter ruling is based solely on the facts provided in your request. If it is determined that undisclosed facts were material or necessary to make an accurate determination by the department, this ruling is null and void. This private letter ruling will be revoked in the future by operation of law without further department action if there is a change in the statutes, administrative regulations, or case law, or a published revenue ruling, that materially affects this private letter ruling.

Sincerely,


Mark D. Ciardullo
Tax Specialist


DVL


Date Composed: 06/01/2005 Date Modified: 06/01/2005