Software Use on Non-State Computers and Excise and Sales Tax: Difference between pages

From Appalachian State University Policy Manual
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[[Software_Use_on_Non-State_Computers|603.5 Use of Software on Non-State Owned Personal Computers]]
Policy 509.19
''Number from Table of Contents''
== Introduction ==
== Introduction ==
You may copy this page's source to start a new policy page. Be sure to remove or overwrite the examples. Second level headings should NOT be altered.
== Scope ==
== Scope ==




== Definitions  ==
== Definitions  ==
=== Definition phrase or word ===
: Definition summary


== Policy and Procedure Statements  ==
== Policy and Procedure Statements  ==
Use of Software on Non-State Owned Personal Computers


CONDITIONS OF USE
=== Exemption from Federal Excise Tax ===
4.1.1 Appalachian State University, being an agency of the State of North Carolina, is exempt from the Federal Excise Tax. The Purchasing Office must furnish the State of North Carolina Exemption Number under which the University is authorized to purchase tax free, to vendors of items subject to the Federal Excise Tax:
{|
|FEDERAL TAX EXEMPTION
|-
|CHAPTER 32, INTERNAL REVENUE CODE
|-
|REGISTRY NO. 56 70 0047 K
|-
|FOR EXCLUSIVE USE OF NORTH CAROLINA
|-
|STATE GOVERNMENT AND PUBLIC SCHOOLS
|}


Under certain circumstances, it will be considered appropriate for an employee of the University to own software purchased by the University on a privately-owned computer. To be eligible, the employee must obtain approval from the employee's department head stating that the software is necessary for that employee to perform the employee's job function. The software must be purchased by the department and will remain the property of the University. If the employee either leaves the University or the employee's job function changes and the employee no longer needs the software to perform job duties, then the software and documentation must be returned to the department. The employee will certify that the software has been removed from his or her computer prior to leaving the University or upon change in job function.
=== State Sales Taxes - Rates and Exemptions ===
4.2.1 Other than for those categories of items exempt by law, all purchases of supplies and materials are subject to the inclusion of a 4% (or other applicable rate) State and a 2% Watauga County sales tax as part of the cost. All sales taxes are figured on the total cost of taxable items included. Refer to the following section on items exempt from sales tax for more details.


PROCEDURE TO APPLY/PARTICIPATE
4.2.2 Where items are being traded in as part of the payment, the sales tax is figured on original sales cost rather than on the net cost.


The employee must complete the Department Request Form - Use of Software on Non-State Owned Personal Computers [[ADM App 8]] and have it approved by the department head. The form must be kept in the employee's personnel folder in the department records. The department will then follow normal procedures for purchase of the software.
4.2.3 Include on Procurement Request - Applicable sales taxes are to be included on the procurement request when requisitioning materials and supplies.
FINAL AUTHORITY FOR SITE LICENSES


If the purchase involves taking advantage of University site licenses, the manager that is contractually responsible for the particular license agreement will have the final authority to judge the proper use of the software. In those cases where this policy does not clearly cover a particular arrangement between a University department and the employee, the responsible manager will have the discretion to determine whether the software use is appropriate.
=== Items Exempted From Sales Tax ===
 
#Items purchased for resale by the University are exempted at the point of purchase. The sales tax is collected and paid at the point of sale. Procurement requests covering such items must bear the notation, "Tax Exempt - Purchase for Resale." Vendors whose major sales are to a University agency or department which is exempt from the tax must have on file an Exemption Certificate. When appropriate, the Purchasing Office will furnish the vendors with the exemption certificates.
603.5.1 Appendix 8 - Form Use of Software on Non-State Owned Computers
#Purchases of services.
 
#Purchases of seed, fertilizers, insecticides, and herbicides.
A Departmental Request Form - Use of Software on Non-State Owned Personal Computers can be obtained by contacting the University Attorney's Office.
#Labor portion of charges for repairs to equipment when labor can be identified as a separate charge.
 
#Repairs and alterations, such as painting, masonry work, electrical work, plumbing where the order is for the vendor to furnish both labor and material. The vendor pays the tax on the materials that are used and figures the tax in the total cost. If the University buys the materials for a repair vendor to use, then the purchase of the materials is subject to sales tax.
=== Example policy 1 ===
#Rental of real property.
 
 
=== Example policy 2 ===


=== Items Taxable at Special Rates ===
#Highway motor vehicles are taxed at a 2% rate with a maximum of $300.00 per vehicle.
#Purchase of supplies or equipment which are used in the manufacture of a product, such as water and electrical power, or used in a laundry operation are taxed at a 1% rate with a maximum of $80.00 per item.


== Additional References ==
== Additional References ==
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== Effective Date ==
== Original Effective Date ==


== Revision Dates ==
== Revision Dates ==
[[Category:Contents]]
[[Category:Business Operations]]
[[Category:Purchasing]]

Revision as of 14:31, 19 December 2014

Policy 509.19

Introduction

Scope

Definitions

Policy and Procedure Statements

Exemption from Federal Excise Tax

4.1.1 Appalachian State University, being an agency of the State of North Carolina, is exempt from the Federal Excise Tax. The Purchasing Office must furnish the State of North Carolina Exemption Number under which the University is authorized to purchase tax free, to vendors of items subject to the Federal Excise Tax:

FEDERAL TAX EXEMPTION
CHAPTER 32, INTERNAL REVENUE CODE
REGISTRY NO. 56 70 0047 K
FOR EXCLUSIVE USE OF NORTH CAROLINA
STATE GOVERNMENT AND PUBLIC SCHOOLS

State Sales Taxes - Rates and Exemptions

4.2.1 Other than for those categories of items exempt by law, all purchases of supplies and materials are subject to the inclusion of a 4% (or other applicable rate) State and a 2% Watauga County sales tax as part of the cost. All sales taxes are figured on the total cost of taxable items included. Refer to the following section on items exempt from sales tax for more details.

4.2.2 Where items are being traded in as part of the payment, the sales tax is figured on original sales cost rather than on the net cost.

4.2.3 Include on Procurement Request - Applicable sales taxes are to be included on the procurement request when requisitioning materials and supplies.

Items Exempted From Sales Tax

  1. Items purchased for resale by the University are exempted at the point of purchase. The sales tax is collected and paid at the point of sale. Procurement requests covering such items must bear the notation, "Tax Exempt - Purchase for Resale." Vendors whose major sales are to a University agency or department which is exempt from the tax must have on file an Exemption Certificate. When appropriate, the Purchasing Office will furnish the vendors with the exemption certificates.
  2. Purchases of services.
  3. Purchases of seed, fertilizers, insecticides, and herbicides.
  4. Labor portion of charges for repairs to equipment when labor can be identified as a separate charge.
  5. Repairs and alterations, such as painting, masonry work, electrical work, plumbing where the order is for the vendor to furnish both labor and material. The vendor pays the tax on the materials that are used and figures the tax in the total cost. If the University buys the materials for a repair vendor to use, then the purchase of the materials is subject to sales tax.
  6. Rental of real property.

Items Taxable at Special Rates

  1. Highway motor vehicles are taxed at a 2% rate with a maximum of $300.00 per vehicle.
  2. Purchase of supplies or equipment which are used in the manufacture of a product, such as water and electrical power, or used in a laundry operation are taxed at a 1% rate with a maximum of $80.00 per item.

Additional References

Authority

Contact Information

Original Effective Date

Revision Dates