TX 9806629L Sales and/or Use Tax (State,Local,MTA) 1998-06-03

Can doctors, dentists, and veterinarians buy prescription pads and other printing tax-free using a resale certificate?

Short answer: No -- doctors, dentists, and veterinarians perform nontaxable medical services and are not considered to be reselling tangible personal property, so they cannot issue a resale or exemption certificate to buy printed materials like prescription script pads tax-free. Someone asked whether doctors, dentists, and veterinarians are exempt from Texas sales tax on printed prescription pads and other printing orders, and requested a blank resale certificate. The Comptroller explained that because these practitioners perform nontaxable medical services rather than reselling tangible personal property, they cannot issue a resale or exemption certificate for printed materials like script pads used in their practice -- those purchases are simply taxable business supplies.

Apply this to your situation

This page answers the general question as of 1998. Ezel answers yours, under current Texas tax law, with citations.

Currency note: this ruling is from 1998
Subsequent statutory amendments, regulation changes, court decisions, or later rulings may have changed the analysis. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, rate, or position mentioned here.
Disclaimer: This is an official Texas Comptroller of Public Accounts letter published on the State Tax Automated Research (STAR) system. Letters on STAR can be the basis of a detrimental reliance claim only for the taxpayer to whom the letter was directly issued (see 34 Tex. Admin. Code Rules 3.1 and 3.10); documents on STAR may no longer represent current policy even if not marked superseded. Taxpayer-identifying details are redacted. This summary is informational only and is not legal or tax advice. Consult a licensed Texas tax professional about your specific situation.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official state tax ruling. The original ruling (linked on this page) is the authoritative source for any reliance.

Plain-English summary

Someone asked whether doctors, dentists, and veterinarians are exempt from paying Texas state sales tax on printed prescription script pads and other printing orders, and also requested a blank resale certificate.

The Comptroller's answer: No, these purchases aren't exempt. Doctors, dentists, and veterinarians perform nontaxable medical services -- they are not considered to be reselling tangible personal property to their patients. Because they aren't "reselling" anything, they cannot issue a resale or exemption certificate to buy printed materials like prescription script pads tax-free. Those items are simply taxable supplies used in the course of running the practice.

What this means for you

Doctors, dentists, and veterinarians

Printing supplies you buy for your practice -- prescription pads, letterhead, and similar materials -- are taxable purchases. Because you provide nontaxable medical/professional services rather than reselling goods, you can't use a resale certificate to avoid paying sales tax on them; you should expect to pay tax at the time of purchase like any other business supply.

Accountants and tax professionals

This is a clean illustration of the general resale-certificate rule: a resale or exemption certificate is only valid for items that will genuinely be resold or that qualify for a specific exemption. A service provider whose output is a nontaxable service (medical care) generally cannot extend that nontaxable status to its own supply purchases via a resale certificate.

Common questions

Q: Can a doctor's office use a resale certificate to buy office/prescription printing tax-free?
A: No, per this letter -- because medical services are nontaxable and doctors aren't reselling tangible personal property, they cannot issue a resale certificate for these purchases.

Q: Does this mean all supplies used in a medical practice are taxable?
A: This letter specifically addresses printed materials like prescription pads; other supplies could have their own separate exemptions not addressed here.

Source

Original ruling text

June 3, 1998




Dear **:

This is in response to your request for a ruling on whether doctors, dentists
and vets are exempt from paying state sales tax on printed script pads and
other printing orders?

You also asked for a copy of a blank resale certificate.

Response: Doctors, dentists and veterinarians perform nontaxable medical
services. As such, they are not considered to be reselling tangible personal
property. They may not issue a resale or exemption certificate for printed
materials such as script pads used in their practice.

I have attached as a word document a copy of a resale certificate. If you are
unable to open this document, you may e-mail me your fax number and I will be
glad to fax you a copy of a resale certificate that you may duplicate as
needed.

This opinion is based on the facts presented. Other facts though similar may
provide a different result.

I hope this information answers your questions. If you need additional
information, please call me toll-free at 1-800-531-5441, extension 3-4502. The
direct line is 512/463-4502. You may also write to Tax Policy Division,
Comptroller of Public Accounts. You may also e-mail our tax help section at:

Sincerely,

Gilbert Zamora
Tax Policy Division

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