Private Letter Ruling

Ruling Number:P-1999-132
Tax Type:Kansas Retailers' Sales Tax
Brief Description:Private elementary or secondary school exemption.
Keywords:
Approval Date:06/08/1999



Body:
Office of Policy and Research


June 8, 1999

XXXXXXXXXX
XXXXXXXXXX
XXXXXXXXXX
XXXXXXXXXX
XXXXXXXXXX

Re: Kansas Sales Tax

Dear XXXXX:

Thank you for your correspondence of May 20, 1999. The information you provided was most helpful.

As you may know, the Kansas retailers’ sales tax is imposed by K.S.A. 79-3603. Exemptions from sales tax are found in K.S.A. 79-3606. Subsection (c) of the statute provides an exemption for:
Based on the information contained in the brochure you provided to us, we believe your school falls within the definition of a “private elementary or secondary school”. As a result, pursuant to K.S.A. 79-3606(c), your school qualifies for exemption from sales tax on direct purchases. In addition, pursuant to K.S.A. 79-3606(d) which provides that, “all sales of tangible personal property or services purchased by a contractor for the purpose of constructing, equipping, reconstructing, maintaining, repairing, enlarging, furnishing or remodeling facilities”, your school can qualify for exemption on construction projects if a project exemption certificate is first obtained.

For your convenience, I have enclosed a booklet which provides additional information on the use of exemption certificates (for routine purchases) and project exemption certificates (for construction projects).

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.

I trust this information is of assistance. If I can be of further service, please feel free to contact me.

Sincerely,



Jim Weisgerber
Attorney
Tax Specialist

JW:jw

Enc.: Kansas Exemption Certificates Booklet


Date Composed: 06/22/1999 Date Modified: 10/11/2001