Sales, Use and International Tax Activity Update - May 2012
New York Circulates Opinion on Heart Devices and Associated Equipment
The New York Department of Taxation and Finance recently issued an Advisory Opinion regarding the taxability of heart devices and related equipment and services. The heart devices were used for patients with advanced heart failure. The devices were worn on or in the patient and provided left, right, or bi-ventricular support for patients with advanced heart failure. The devices were used as a long term solution for patients with permanent heart failure. Along with the devices, there were taxability questions surrounding numerous related component parts, accessories and services. The New York Department of Taxation and Finance determined that the heart devices, the related component parts and accessories, as well as related services were exempt from New York State taxes (exempt per Section 1115(a)(3) medical equipment and supplies; Section 1115(a)(4) and Regulation 528.5 Prosthetic Aids and related items and services). The full Advisory Opinion can be viewed at the below referenced web address.
Advisory Opinion Letter No. TSB-A-12(5)S, New York Department of Taxation and Finance, March 6, 2012
http://www.tax.ny.gov/pdf/advisory_opinions/sales/a12_5s.pdf
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