WAC 458-20-139
Trade shops -- Printing plate makers,
typesetters, and trade binderies. (Note: This rule covers
all the material previously included in WAC 458-20-139 and 458-20-146.)
The term "printing plate makers" includes, among others,
photoengravers, electrotypers, stereotypers, and lithographic
plate makers.
Business and Occupation Tax Printing plate makers, typesetters and trade binderies
(referred to in the trade as "trade shops") are primarily
engaged in the business of altering or improving tangible
personal property owned by them for sale or altering or
improving tangible personal property owned by their customers.
In either case the gross proceeds (including the value of any
property exchanged by the customer in kind) from sales of, or
services rendered to, plates, mats, engravings, type, etc.,
which are delivered in this state are taxable under retailing
if the sale is to a "consumer" or wholesaling-all others if
the sale is to one who will resell the property in the regular
course of business without intervening "use." (See WAC 458-20-102.) Neither of these classifications is applicable
however, if the article sold is delivered to an out-of-state
customer at an out-of-state point or if an article is produced
for commercial or industrial use (see WAC 458-20-134). In
these cases tax is due under the manufacturing classification
on the "value of products."
Retail Sales Tax Sales to the printing industry and others of tangible
personal property, or of services of altering or improving
tangible personal property, by printing plate makers,
typesetters, and trade binderies are sales at retail and
subject to the retail sales tax unless the purchaser resells
the article in the regular course of business without any
intervening "use." For example, a trade shop must collect and
account for the retail sales tax where a printing plate is
sold to a printer who uses the plate to produce copy for a
customer, even though he subsequently sells and delivers both
the plate and the copy to the customer. In this situation the
printer has made "intervening use" of the plate as a printing
tool and is a "consumer" liable for payment of the retail
sales tax to the trade shop.
Sales of plates, engravings, etc., to advertising
agencies are retail sales and subject to the retail sales tax.
Sales by supply houses to trade shops of metal or other
materials becoming a component part of an article produced for
sale are not subject to the retail sales tax. As evidence of
this, trade shops are required to furnish their vendors resale
certificates in the usual form. On the other hand, sales to
trade shops of items for use such as machinery, equipment,
tools, and other articles or materials, including chemicals
which are used in the production of plates, mats, engravings,
type, etc., are retail sales subject to the retail sales tax.
Revised June 1, 1970.
[Order ET 70-3, § 458-20-139 (Rule 139), filed 5/29/70,
effective 7/1/70.]