UT PLR 98-003 Sales & Use Tax 1998-01-27

Is a car wash exempt from Utah sales tax if paid for with coins, versus paid to a gas station attendant or by debit/credit card at the pump?

Short answer: It depends entirely on the payment method, not on the fact that it's a car wash. Only a car wash activated by physically inserting coins into the machine is exempt from Utah sales tax under § 59-12-104(45) — the exemption exists because a coin machine can't practically be reprogrammed to also collect sales tax. Every other payment method is taxable: a gas station attendant or cashier collecting the fee directly, a cashier selling a token that then activates the coin-operated machine, and a debit or credit card swipe at the pump are all taxable, because in each of those cases the tax can easily be collected at the point of sale (a person can simply add it, and card-reading devices can be programmed to add it) — the same practical rationale that exempts a coin slot doesn't apply to any of them.

Apply this to your situation

This page answers the general question as of 1998. Ezel answers yours, under current Utah 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 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 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 taxpayer noticed that car washes seemed to handle sales tax inconsistently — sometimes charged when a gas station attendant took the fee in person, sometimes not, and unclear treatment for debit/credit card payments at the pump. After getting conflicting answers from the Commission's own customer service and audit staff, the taxpayer requested a written advisory opinion.

The Commission explained the coin-operated car wash exemption's actual history and rationale under § 59-12-104(45). The exemption was originally removed from Utah law in 1994, then reenacted in 1996 after the car wash industry showed the Legislature that losing the exemption forced coin-operated car washes into a bad choice: either absorb the tax and take a big cut to net revenue, or raise the price by a quarter to cover it, which caused a significant drop in gross revenue (customers balking at round-number price jumps). When asked why coin-operated washes should get special treatment that non-coin-operated ones don't, industry representatives explained it's simply easier for a cashier to add tax to a transaction than to mechanically reprogram coin-slot machines to collect it.

That practical rationale is exactly how the Commission draws the taxable/exempt line, payment method by payment method:

  • Coins inserted directly into the machine: exempt — the machine genuinely can't be practically adjusted to also collect sales tax.
  • A cashier or attendant collects the fee in person: taxable — a person can easily add the tax to what they collect.
  • A cashier sells a token that then activates the coin-operated machine: taxable — even though the wash itself still runs on a coin-style mechanism, the sale of the token happens at a cash register where tax can easily be added.
  • Payment by debit or credit card at the pump: taxable — because card-reading/payment devices can be programmed to add sales tax just as easily as a cashier can.

What this means for you

Car wash owners and operators

Only genuinely coin-activated washes are exempt. If you sell tokens, staff a cashier, or accept card payments at the machine, you must charge sales tax on those transactions even if the underlying wash mechanism is coin-style — the exemption tracks the payment method's practical ability to add tax, not the type of machine doing the washing.

Gas stations offering car washes alongside fuel

Don't assume a car wash bundled into a gas station purchase is automatically exempt. If your attendant collects the fee or your customer pays by card at the pump, that portion of the transaction is taxable regardless of how the wash itself is triggered mechanically.

Accountants advising car wash or convenience-store clients

Audit each revenue stream by collection method, not by equipment type — a single facility can have some genuinely exempt coin-slot transactions alongside taxable token, cashier, and card transactions, all from the same machine.

Common questions

Q: Are all car washes exempt from Utah sales tax?
A: No. Only car washes activated by inserting actual coins directly into the machine are exempt. Every other payment method is taxable.

Q: If I buy a token from a cashier to use in a coin-operated car wash, is that exempt?
A: No. Selling the token is taxable, because the cashier transaction can easily have sales tax added, even though the wash itself later runs on the coin-style mechanism.

Q: Is paying for a car wash by credit or debit card at the pump exempt?
A: No. Card-reading devices can be programmed to collect sales tax just like a cashier can, so card-paid car washes are taxable.

Q: Why does the exemption only apply to literal coin insertion?
A: Because the Legislature's rationale for reenacting the exemption in 1996 was specifically that coin-operated machines can't practically be adjusted to collect sales tax — a rationale that doesn't apply to cashiers, tokens, or card readers, all of which can easily add tax.

Q: Does this ruling apply to my car wash business?
A: Not automatically. This is a private letter ruling binding only on the Commission as to this taxpayer's specific facts. It can't be relied on as binding by anyone else, though it may carry weight if your facts closely match.

Citations and references

Statutes and rules:

  • Utah Code Ann. § 59-12-104(45) (coin-operated car wash sales tax exemption)

Source

Original ruling text

98-003

Response January 27, 1998

(E-mail
from NAME)

I
received a call from NAME. She
expressed concern that car washes vary in whether or not they charge sales tax when
fees are taken by a gas station attendant or through debit or credit cards at
the pump.

I
have gotten varied answers from customer service and audit on how the tax is
imposed in these situations.

NAME
is eager to get a written answer on this issue and currently on her way out of
town. Therefore, I would like to
request an advisory opinion on her behalf.
It can be mailed to

THANKS

NAME

January
27, 1998

NAME

ADDRESS

CITY
STATE ZIP

Advisory
opinion - sales tax exemption for car washes

Dear
NAME,

We have received your request for
information concerning the sales tax exemption for coin-operated car washes
provided under Utah Code Ann. §59-12-104(45).
Your request specifically concerns whether car washes are exempt when
the fees are taken by a gas station attendant or through debit or credit cards
at the pump.

As background, a sales tax exemption
on coin-operated car washes was removed from Utah law in 1994, but was
reenacted in 1996 after the car wash industry presented evidence that the
exemption was detrimental to the industry.
Presented to the Legislature was evidence showing that, without the
exemption, coin-operated car washes had two choices: (1) either to maintain the
price for a car wash and have the car wash owner pay the tax, hence greatly
decreasing net revenue; (2) or to increase the car wash price by 25 cents to
cover the sales tax, which was shown to cause a significant decrease in gross
revenue. When asked by NAME why coin-operated
car washes should receive the exemption when non-coin-operated ones would not,
the industry spokesman responded that it was easier for a cashier to collect
the tax than to adjust the coin-operated machines to handle the increase. The Legislature's enacted an exemption for
sales of cleaning or washing of tangible personal property by a coin-operated
car wash machine.

For these reasons, the exemption has
been applied to those sales where it is impractical for the car wash owner to collect
the sales tax. Thus, where the car wash
is activated by inserting coins into the machine, the transaction is exempt
because the machine cannot practically be adjusted to collect the tax. On the other hand, where a cashier or
attendant collects the fee for the car wash, the transaction is taxable because
the cashier can easily collect the sales tax.
Similarly, the transaction is taxable where the cashier sells the
customer a token that activates a coin- operated car wash because the sales tax
can easily be collected. Lastly, where
the car wash fee is collected through a debit or credit card at the pump, the
sale is taxable because these devices can be programmed to easily collect the
sales tax, much like a cashier can.

Please let us know if you have other
questions.

For
the Commission,

Joe
B. Pacheco,

Commissioner

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