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Sales of parts purchased for use in performing service under optional maintenance contracts are exempt from the sales tax in New Jersey.
For New Jersey Sales Tax purposes, a contractor is considered the actual consumer of the materials and supplies used in construction or in improving, altering, or repairing the real property of others. Sales of materials and supplies to contractors are considered retail sales and, therefore, taxable.
INSTALLATION AND MAINTENANCE SERVICES AND SERVICE CONTRACTS They are treated as charges for the installation of tangible personal property. N.J.S.A. B-3(b)(2). The sale of a maintenance contract for prewritten software is generally subject to tax.
The contractor charges Sales Tax on the labor portion of the bill only when he/she performs a taxable capital improvement, repair, maintenance, or installation service. (There is no Sales Tax due on the charge for labor when the contractor's work results in an exempt capital improvement.
The following are examples of taxable repair and maintenance services performed by landscapers:Lawn mowing.Lawn reseeding.Lawn fertilizing.Tree maintenance (trimming, pruning, spraying, bracing, cabling, grafting, coppicing, suckering and feeding)Weed/Insect control.Soil aerating, sterilizing and mulching.