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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 6921
Experience:  15years with H & R Block. Divisional leader, Instructor
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Is Heating & Air conditioning Preventative Maintenance Services

Resolved Question:

Is Heating & Air conditioning Preventative Maintenance Services (Labor Only) performed on HVAC units attached to the roof of a Commercial building subject to Texas Sales Tax
Submitted: 5 months ago.
Category: Tax
Expert:  Robin D. replied 5 months ago.

Robin D. :

Hello and thanks for trusting me to help you today. I am a tax adviser with over 15 years of experience.
Maintenance contracts on non-residential heating and air conditioning systems would not be taxable if the contract is only for maintenance as defined in 3.357, Real Property Repair and Remodeling. Any additional charge to the customer for parts or materials would be taxable. Repairs performed under a maintenance contract will not change a maintenance contract into a repair contract as long as the charges attributable to repairs are 5.0% or less of the overall charge.
http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=T&app=9&p_dir=P&p_rloc=3827&p_tloc=&p_ploc=1&pg=2&p_tac=&ti=34&pt=1&ch=3&rl=358

Customer:

The trick to this answer is "only for maintenance as defined in 3.357". So, please allow me to be more specific. Are HVAC units attached to the roof of a commercial building considered to be "Real Property" under the definition of the statute.

Robin D. :

They become a part of the real property when installed and that is what makes them subject to the section. They become a part of teh rea structure.

Robin D. :

the real* sorry

Customer:

ok, thank you

Robin D. :

You are most welcome.
Your positive rating is always thanks enough.

Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 6921
Experience: 15years with H & R Block. Divisional leader, Instructor
Robin D. and 4 other Tax Specialists are ready to help you
Customer: replied 5 months ago.

Your answer won’t load. This is ridiculous as I suspected. Either fix it or issue me a refund

Ed

Expert:  Robin D. replied 5 months ago.
I am not sure by what you mean the answer will not load.
You responded previously when we were in the CHAT mode.
I will inform Customer Service
Expert:  Robin D. replied 5 months ago.
Thank you and I hope Customer Support was able to assist.

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