Welcome to the latest installment of our monthly blog “What are the rules for NYS Sales tax for my profession?”
Every month we are highlighting another industry with a few of the broad guidelines to follow! Our hope is not only to provide helpful information for the business owners but the consumers as well!
This month’s industry is:
Household Movers and Warehouses
There are several services provided by Household Movers and Warehouses.
1. Storage of permanent containers
This refers to property stored at a facility by the storage provider for a period of time. It does not refer to property that is stored temporarily between moves. This storage is taxable with conditions. When these storage services are provided within NYS they are taxable. The taxability depends on where the storage provider receives possession of the property to be stored. If the storage provider takes possession in NYS (even if it is physically stored outside the state) then the service is taxable. Any labor, delivery or pickup charges associated with this storage is also taxable. The provider must charge sales tax based on the jurisdiction where the property is picked up – NOT stored. It can be picked up in NY but stored in any other state and would still be taxable.
2. Sale of Storage Services vs. Rental of Real Property
Charges for the rental or lease of property used for storage are not subject to sales tax. It is a lease if the tenant contracts for an amount of footage in a specific location, has unlimited control of access to the space, is allowed to supply racks etc. for their use of the space and the owner of the facility does not provide any additional services. In order to show exclusive use of the space there would be a lock on the space under control of the tenant. If the space is not under the control of the tenant and the facility provides additional services such as handling, storing or receiving the property then that is a taxable service as long as the tenant is not present at the time of service. If tenant is present then it is deemed not taxable.
3. Portable Storage and Moving Containers
If you rent a portable storage container to be used on your personal property located in NYS it is taxable. The charges for the delivery of the empty container and the pick- up of the container when it is done being used is part of the rental charge subject to sales tax.
4. Moving Services
Moving Services include moving household goods to and from any destination. Moving your office is treated the same as a household move. These moves, whether local, interstate or international, are not subject to sales tax.
This is just a brief overview of the sales tax laws regarding movers. Feel free to give our office a call for more information. Happy Moving!
By Christine A. Murphy