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Fees charged for optional maintenance contracts that are separately stated and charged on the customer's invoices are not subject to sales and use tax. Such agreements constitute the furnishing of services and not the sale of any tangible personal property transferred or consumed in fulfilling the agreements. However, parts and supplies used by a company to fulfill the optional maintenance agreements are subject to state and local use tax. Charges for maintenance agreements that are mandatory are subject to sales and use tax.

[North Carolina Tax Review Board Decision, Dkt. No. 2002-410, 3-18-2003; North Carolina Sales and Use Technical Bulletin 34-16, 03/01/2007 ; North Carolina Sales and Use Technical Bulletin 34-17, 03/01/2007 .]

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Q: Are warranties subject to sales tax in North Carolina?
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