Document Number
89-132
Tax Type
Retail Sales and Use Tax
Description
Shipping and handling charges
Topic
Taxability of Persons and Transactions
Date Issued
04-27-1989
April 27, 1989



Re: Request for Ruling: Sales and Use Tax


Dear***************

This will reply to your letter of April 6, 1989, in which you request a ruling on the application of the sales and use tax to "shipping and handling" charges separately stated on customer invoices.

The Virginia tax is computed based upon the "sales price" of an article. This term is defined in Va. Code §58.1-602(17) as "the total amount for which tangible personal property or services are sold, including any services that are a part of the sale," but excluding "transportation charges separately stated."

Virginia Regulation 630-10-107 defines "transportation charges" as:
    • charges for delivery from the seller to the purchaser, commonly known as "transportation-out," and include postage or common carrier charges. Transportation ... charges do not include charges from a manufacturer to a retailer's place of business relative to purchases for resale, nor do they include handling charges. Emphasis added
As your company does not segregate nontaxable "shipping" charges from taxable "handling" charges, but instead combines them into a single charge, the entire shipping and handling charge is subject to the Virginia tax under the above statute and regulation.

Sincerely,




W. H. Forst
Tax Commissioner

Rulings of the Tax Commissioner

Last Updated 08/25/2014 16:46