103 KAR 27:180. Vending machines.

 

      RELATES TO: KRS 139.100, 139.110, 139.120, 139.130, 139.140, 139.470

      STATUTORY AUTHORITY: KRS Chapter 13A

      NECESSITY, FUNCTION, AND CONFORMITY: To interpret the sales and use tax law as it applies to sales of tangible personal property through vending machines.

 

      Section 1. Persons who own vending machines which dispense tangible personal property, or operators of such machines under lease or rental agreements, must obtain a permit to engage in the business of selling tangible personal property and must report and pay to the department the tax upon the gross receipts from sales made through such machines. One (1) permit is sufficient for all machines of one (1) owner or operator.

 

      Section 2. The owners or operators of vending machines shall be responsible for reporting and paying the tax on the total gross receipts even though the owner or operator of the place in which the machines are located receives a share of such gross receipts under a commission or concession contract. In reporting and paying such tax, the owner or operator shall be deemed the agent of the operator or owner of such place of business in which the machine is located to the extent of commissions due the latter. Gross receipts from sales of tangible personal property made in portions of twenty-five (25) cents or less through coin operated bulk vending machines where unsorted merchandise is dispensed in approximately equal portions are exempt from the sales and use tax (KRS 139.470(6)).

 

      Section 3. A statement in the following form must be affixed upon each vending machine in a conspicuous place: "This vending machine is owned (operated) by _______ Owner (Operator), __________ Place of Business of Owner (Operator), who holds Permit No._____, issued pursuant to the Sales and Use Tax Law."

 

      Section 4. If the owner or operator of vending machines also places upon each machine a statement that the sales tax is included in the price of the property dispensed, he may compute his liability for the tax in the same manner as all other retailers who separately state the tax.

 

      Section 5. Adequate and complete records must be kept by the owner or operator showing the location of each vending machine owned or operated by him, the serial number thereof, purchases and inventories of merchandise bought for sale through such machine, and the gross receipts derived from each location during each tax period. (SU-55; 1 Ky.R. 466; eff. 3-12-75; Am. 13 Ky.R. 1084; eff. 1-13-87.)