Did the medical needles listed in a supplier's product literature qualify for a Texas sales-tax exemption?
Apply this to your situation
This page answers the general question as of 1987. Ezel answers yours, under current Texas tax law, with citations.
Plain-English summary
The Texas Comptroller said all nine types of medical needles represented in the seller's submitted literature qualified for sales-tax exemption:
- Chiba type needle;
- myelography needle set;
- Cournand style needle;
- Seldinger style needle;
- digital angiography needle;
- neonatal spinal needle;
- modified Cournand style needle;
- arterial needle; and
- intradiscal therapy needles.
The short letter gives no statutory test or explanation beyond identifying the submitted products as exempt.
What this means for you
The result is product-specific. A seller comparing another needle to this letter would need to confirm both the product's characteristics and the current exemption requirements rather than relying only on a similar name.
Common questions
Did every needle listed in the submitted literature qualify? Yes.
Did the letter explain why the needles were exempt? No. It states the conclusion but cites no statute or rule.
Did the ruling cover all hypodermic or medical needles? It does not say that. It identifies only the nine listed products.
Citations and references
- No statute or administrative rule is cited in the letter.
- The product list is the complete stated basis for the exemption conclusion.
Source
- STAR search: https://star.comptroller.texas.gov/search?doc_type_code=L&tax_type_code=SST
- Opinion: https://star.comptroller.texas.gov/view/8705L0819A05
Original ruling text
COMPTROLLER OF PUBLIC ACCOUNTS
STATE OF TEXAS
AUSTIN, 78774
BOB BULLOCK
Comptroller May 26, 1987
Dear *****:
Thank you for submitting the information on the different types of
needles
your company sells, to determine their taxability.
The needles represented in the literature you supplied will qualify for
exemption from sales tax. These needles include: Chiba type needle,
Myelography needle set, Cournand style needle, Seldinger style needle,
Digital Angiography needle, neonatal spinal needle, modified Cournand
style
needle, arterial needle, and indradiscal therapy needles.
This opinion is based upon the facts you presented. If there are
additional
or different facts, this opinion may change.
Please feel free to contact me if you have additional questions. You
may
write me, call toll free 1-800-252-5555 from anywhere in Texas or phone
512/463-4600.
Sincerely,
F. Wayne McDonald
Tax Policy Section
Tax Administration Division
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