006.05.212-GR-9.5. SERVICES SUBJECT TO TAX - WRECKER AND TOWING SERVICES:
AR ADC 006.05.212-GR-9.5Arkansas Administrative Code
Ark. Admin. Code 006.05.212-GR-9.5
006.05.212-GR-9.5. SERVICES SUBJECT TO TAX - WRECKER AND TOWING SERVICES:
1. “Wrecker and towing services” means pushing, pulling, carrying, or hoisting any motor vehicle, vehicle, trailer, or semitrailer from an initial point of service to some other destination and includes the rendering, furnishing, or performing of any service on a damaged, disabled, immovable, or non-operable motor vehicle, vehicle, trailer, or semitrailer. Wrecker and towing services include hook-up fees charged for recovering a motor vehicle, vehicle, trailer, or semitrailer from locations such as a ditch, pond, hole, or median, prior to towing. Wrecker and towing services does not include the transportation of motor vehicles to or from a new or used car dealership for the purpose of placing the vehicles into inventory for sale or returning the vehicles to an automobile auction for sale.
Example 1: J.T.'s car breaks down in Cabot, Arkansas. J.T. hires a towing service to tow the car into Little Rock, Pulaski County, Arkansas for repairs. The City of Little Rock and Pulaski County have a sales tax. The place of destination determines what tax is due. The Arkansas state sales tax, the City of Little Rock sales tax and the Pulaski County sales tax apply.
Example 2: J.T.'s car breaks down in Ft. Smith, Arkansas. J.T. hires a towing service to tow the car into Oklahoma for repairs. Arkansas state and local sales tax does not apply.
Example 3: J.T.'s car breaks down in Oklahoma, and J.T. hires a towing service to tow the car into Ft. Smith, Arkansas for repairs. Since J.T.'s car was delivered to a destination in Arkansas, the Arkansas state sales tax, the City of Fort Smith sales tax, and the Sebastian County sales tax should apply.
Example 4: J.T. is traveling to his home in Texarkana, Texas and drives his car into a ditch in Little Rock, Arkansas where it becomes stuck in the mud. J.T. hires a wrecker service to pull his car from the ditch. J.T.'s car is not damaged, so it is not necessary to tow the car to a destination for repairs. The City of Little Rock and Pulaski County have a sales tax. The point of service determines what tax is due. The Arkansas state sales tax, the City of Little Rock sales tax, and the Pulaski County sales tax apply.
D. PERSONS RESPONSIBLE FOR COLLECTING AND REMITTING THE TAX. The tax shall be collected and remitted by the seller of the wrecker or towing services. Wrecker and towing services may be purchased exempt as sales for resale by a person holding a retail permit and performing taxable repairs on a towed motor vehicle, vehicle, trailer, or semitrailer, if the charge for the wrecker and towing services and the applicable taxes are collected from the ultimate consumer by the person performing the repairs.
Example: ABC Towing Company has a contract to tow motor vehicles to XYZ Repair Shop for repairs. XYZ Repair Shop holds a retail permit and charges its customer for repairs, the wrecker and towing services, and the applicable taxes. XYZ Repair Shop is entitled to claim the sale for resale exemption on the wrecker and towing services it purchased from ABC Towing Company since it is collecting the sales tax for the wrecker and towing services from its customer.
E. AUTOMOBILE CLUBS OR INSURANCE COVERAGE. If wrecker and towing services are provided through an automobile club or association, motor club or similar organization, or an insurance company, the taxable charge is the amount invoiced to the club, association, or insurance company for the services plus the amount of any applicable deductible. The charge for an automobile club contract or insurance policy that provides for towing is not subject to tax.
Example: XYZ Insurance Company pays J.T.'s Wrecker Service $30.00 toward the tow of a motor vehicle on behalf of John Doe. John Doe pays J.T.'s Wrecker Service an additional amount of $20.00 as a deductible. J.T.'s Wrecker Service should remit tax on the entire $50.00. XYZ Insurance Company does not collect tax on the premium paid by John Doe for insurance that provides for towing.
Credits
AUTHORITY: Ark. Code Ann. § 26-52-316
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.05.212-GR-9.5, AR ADC 006.05.212-GR-9.5
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