Texas Comptroller of Public Accounts STAR System
9605L1409B13
May 13, 1996
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Dear **********:
Thank you for your recent letter regarding the sale of medical records. This
letter is to clarify my correspondence of October 11, 1994. I apologize for
any inconvenience I have caused you.
The sale of medical records by a medical service provider is not taxable when
the medical records are provided as part of the service provider's professional
service. This is true even if the medical service provider contracts with a
third-party copying service to make the copies sold. Examples include, charges
to copy medical records for a patient or his/her authorized agent, charges to
copy medical records subpoenaed for use in a trial or lawsuit, or sales to an
insurance carrier settling a claim. You may accept an exemption certificate
from the purchaser in lieu of collecting tax on these sales.
If you contract with a medical service provider to make copies of medical
records that are not sold, but rather are purchased or used by the medical
service provider, tax is due on the charge to reproduce the medical records.
For example, if a medical service provider has an internal need to reproduce
medical records, the medical service provider owes tax on the copies it
purchases unless otherwise exempt. Or, if a medical service provider converts
paper documents to microfiche, film, or an electronic format, tax is due on
the charge to reproduce the documents.
This opinion is based on the facts presented. If there are any additional or
different facts, the opinion may change.
You may call me toll free at 1-800-531-5441, ext. 5-0037. The direct line is
512/475-0037. You also may write to Sales Tax Policy Division, Comptroller of
Public Accounts.
Sincerely,
Lindey Osborne
Sales Tax Policy Division
NOTE: Previous Accession Number 9605199L
NOTE: Previous Accession Number(s) 9605199L
ACCESSION NUMBER: 9605L1409B13
SUPERSEDED: N
DOCUMENT TYPE: L
DATE: 1996-05-13
TAX TYPE: SALES