Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2017

Sales and Use Tax Annotations

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Annotation 515.0842


515.0842 Closed Captions for Hearing Impaired. The application of tax to closed captions created for television programs for the benefit of the hearing impaired viewers nationwide is as follows:

(1) Captioning

Captioning activity is considered a service transaction even though the results of the service activity may be recorded in a machine-readable form and transferred to the client or encoding house on a captioning disk or an encoding disk. The caption editor is required to use language skills to address the needs of the hearing impaired while considering the nature of the program. What is paid for is not putting the symbols on the disk, but the service creating the words and symbols.

(2) Reformatting

Reformatting is editing or altering material previously captioned to match a new version of the program. It is a service activity not subject to tax.

(3) Encoding—Outside

Encoding is the process of integrating captions with the program owner's master tape. This is usually done by someone other than the firm that created the caption. Charges for encoding are nontaxable when such services are in connection with the production of a qualified motion picture. 12/19/88.