UT PLR 96-034 Sales and Use Tax 1996-02-09

If I sell and install storm doors, do I charge my customer sales tax, or do I just pay sales tax myself when I buy the doors?

Short answer: It depends on whether you install the door. If you sell AND install a storm door, converting it from personal property into part of the building, you're a 'real property contractor' under Utah Admin. Rule R865-19S-58 — you pay sales tax when you buy the door, and you do not charge your customer sales tax. But if you sell a door without installing it (the customer installs it themselves), you're not acting as a real property contractor for that sale — you can buy the door tax-free for resale, but you must obtain a sales tax license and collect and remit sales tax from that customer.

Apply this to your situation

This page answers the general question as of 1996. Ezel answers yours, under current Utah tax law, with citations.

Currency note: this ruling is from 1996
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 Utah State Tax Commission private letter ruling (governed by Utah Admin. Code R861-1A-34). It states the Commission's interpretation only as to the specific taxpayer and facts to which it was issued; taxpayer-identifying details have been redacted. Another taxpayer cannot rely on it as binding, and any weight it carries in a later appeal depends on how closely that taxpayer's facts match. This is one of the Commission's earlier published rulings; the Utah Code and Commission rules have been renumbered and amended many times since, so verify the current statute/rule text before relying on the citations here. This summary is informational only and is not legal or tax advice. Consult a licensed Utah 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 as a PDF) is the authoritative source for any reliance.
View original ruling (PDF)

Plain-English summary

A dealer who sells and installs storm doors wrote to the Utah State Tax Commission with a simple but common question: since the dealer already pays sales tax when purchasing the doors, does the dealer also need to charge sales tax to customers on the installed job?

The Commission's February 1996 response applied the "real property contractor" rule (Utah Admin. Rule R865-19S-58): a person who converts personal tangible property (like a storm door) into real property (by installing it into a building) is a real property contractor, and it's the contractor — not the customer — who owes sales tax on the construction materials. So the dealer was correctly paying sales tax on the doors it purchased and installed, and did not need to separately charge its customers sales tax on those installed jobs. But the Commission drew a clear line for a different scenario: if the dealer sells a door WITHOUT installing it (say, to a customer who plans to install it themselves), the dealer is not acting as a real property contractor for that transaction — the door was never converted into real property by the dealer. In that case, the dealer may purchase the door tax-free under the resale exemption, but must then obtain a sales tax license and collect and remit sales tax from the customer on that sale.

What this means for you

Contractors and dealers who both sell and install building materials

The tax treatment of the same physical item (a storm door, and by the same logic, similar building materials) flips depending on whether you install it. Install it yourself as part of a job, and you're the one who owes sales tax (paid when you buy the material) — don't double-charge your customer. Sell it bare for the customer to install themselves, and you flip roles: buy tax-free for resale, but get licensed and collect/remit sales tax from that customer.

Accountants advising construction/home-improvement businesses

This ruling is a clean, short illustration of the "real property contractor" doctrine under Rule R865-19S-58: the contractor is treated as the ultimate consumer of materials it installs into real property, so sales tax is due on the contractor's purchase, not on the customer's payment for the finished, installed job. The same business can be a contractor for some sales (installed) and a retailer for others (bare sales), and needs to track and tax each differently.

Common questions

Q: I install storm doors for customers — do I need to charge them sales tax on the job?
A: No, under this ruling. As the installer, you're a real property contractor; you pay sales tax on your purchase of the doors, and your customer doesn't separately owe sales tax on the installed job.

Q: What if a customer just buys a door from me to install themselves?
A: Different result: you can buy that door tax-free under the resale exemption, but you must have a sales tax license and collect and remit sales tax from that customer on the sale.

Q: Does this rule only apply to storm doors?
A: The ruling addresses storm doors specifically, but the underlying real property contractor rule (R865-19S-58) applies generally to businesses that both sell and install materials that become part of real property — verify against the current rule text for your specific materials.

Citations and references

Rules:

  • Utah Admin. Rule R865-19S-58 — defines a "real property contractor" as one who converts tangible personal property into real property, and places sales tax liability for construction materials on the contractor rather than the contractor's customer

Source

Original ruling text

96-034

Response
February 9, 1996

Request

XXXXX

RE:
Advisory Opinion - Sales tax on storm doors

Dear
XXXXX,

This
letter is in response to your inquiry regarding sales tax on your purchase of
storm doors. As we understand your situation,
you are a real property contractor who sells and installs storm doors. You pay sales tax on your initial purchase
of the doors. You asked whether you are
required to charge sales tax to your customers. We find as follows:

The
person who converts personal tangible property to real property is a real
property contractor under Utah Administrative Rule R865-19S-58 (enclosed). It is the real property contractor, and not
his customers, who is responsible for the sales tax on construction materials. Therefore, you are correctly paying sales
tax on doors that you sell and install, and your customer is not required to
pay sales tax.

If
you sell a door without installing it, the outcome is different. Assume, for instance, that you sell a door
to a customer who wishes to install it himself. In that case, you are not a real property contractor because you
do not convert the door to real property.
If you make a sale of this nature, you may purchase the door tax-free
for resale, but you must collect sales tax from your customer. You must also
obtain a sales tax license and remit the tax as required by law.

Please
let us know if we can be of further assistance.

For
the Commission,

Alice
Shearer

Commissioner

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