Frequently Asked Questions
Who is eligible for the Communication Equipment Installation Exemption?
Automatic, provided the installation charges are properly attributed and likely separately stated from the service charges.
How does the Communication Equipment Installation Exemption work?
Excludes amounts paid for the installation of instruments, wires, poles, switchboards, or other equipment from the 3% excise tax.
What law authorizes the Communication Equipment Installation Exemption?
The Communication Equipment Installation Exemption is authorized under IRC §4253(g) of the Internal Revenue Code (Title 26, United States Code).
Statutory Text — IRC §4253
Source: Internal Revenue Code, Title 26, United States Code
§ 4253. Exemptions(a) Certain coin-operated serviceService paid for by inserting coins in coin-operated telephones available to the public shall not be subject to the tax imposed by section 4251 with respect to local telephone service, or with respect to toll telephone service if the charge for such toll telephone service is less than 25 cents; except that where such coin-operated telephone service is furnished for a guaranteed amount, the amounts paid under such guarantee plus any fixed monthly or other periodic charge shall be subject to the tax.
(b) News servicesNo tax shall be imposed under section 4251, except with respect to local telephone service, on any payment received from any person for services used in the collection of news for the public press, or a news ticker service furnishing a general news service similar to that of the public press, or radio broadcasting, or in the dissemination of news through the public press, or a news ticker service furnishing a general news service similar to that of the public press, or by means of radio broadcasting, if the charge for such service is billed in writing to such person.
(c) International, etc., organizationsNo tax shall be imposed under section 4251 on any payment received for services furnished to an international organization, or to the American National Red Cross.
(d) Servicemen in combat zoneNo tax shall be imposed under section 4251 on any payment received for any toll telephone service which originates within a combat zone, as defined in section 112, from a member of the Armed Forces of the United States performing service in such combat zone, as determined under such section, provided a certificate, setting forth such facts as the Secretary may by regulations prescribe, is furnished to the person receiving such payment.
(e) Items otherwise taxedOnly one payment of tax under section 4251 shall be required with respect to the tax on any service, notwithstanding the lines or stations of one or more persons are used in furnishing such service.
(f) Common carriers and communications companiesNo tax shall be imposed under section 4251 on the amount paid for any toll telephone service described in section 4252(b)(2) to the extent that the amount so paid is for use by a common carrier, telephone or telegraph company, or radio broadcasting station or network in the conduct of its business as such.
(g) Installation chargesNo tax shall be imposed under section 4251 on so much of any amount paid for the installation of any instrument, wire, pole, switchboard, apparatus, or equipment as is properly attributable to such installation.
(h) Nonprofit hospitalsNo tax shall be imposed under section 4251 on any amount paid by a nonprofit hospital for services furnished to such organization. For purposes of this subsection, the term “nonprofit hospital” means a hospital referred to in section 170(b)(1)(A)(iii) which is exempt from income tax under section 501(a).
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