95-001

Response December 27, 1994

 

 

Request

December 27, 1994

 

Commissioners

Utah State Tax Commission

210 North 1950 West

Salt Lake City, Utah 84134

 

Dear Commissioners:

 

Regarding: Exemption from sales or use tax for oxygen used in manufacturing.

Since oxygen is not a product which burns independently to produce heat or energy, rule R865-19S-35 does not appear to provide for this exemption. Nevertheless, we were advised some time ago that the exemption has been allowed. I spoke with XXXXX on December 21, and he indicated that historically that has been--and still is--the case.

 

It is our understanding that sales or uses of oxygen are exempt from sales or use tax if the oxygen is used in manufacturing tangible personal property or in producing or compounding of a product which will be resold.

 

We would appreciate your providing us with a written policy statement regarding this exemption.

 

As always, thank you for taking the time to clarify information for us.

 

Sincerely,

 

XXXXX

Research Consultant


 

 

 

MEMORANDUM

 

TO: XXXXX, Director

 

FROM: XXXXX, Secretary

 

DATE: January 4, 1995

 

SUBJECT: Request for Advisory Opinion - No. 95-001DJ

 

Attached is a request for an advisory opinion from XXXXX of XXXXX Will you please review the request of XXXXX for an advisory opinion regarding exemption from sales or use tax for oxygen used in manufacturing.

 

Please prepare the response for signature by the Commission as per the guidelines established by them.

 

Thank you.

 

cc: XXXXX

XXXXX

XXXXX