1. (a) The gross receipts or gross proceeds derived from the sale of tangible personal property or services to any state-owned and tax-supported hospital or sanitarium operated for charitable and nonprofit purposes are exempt from the tax.
2. (b) The gross receipts or gross proceeds derived from the sale of tangible personal property or services to any nonprofit organization whose sole purpose is to provide temporary housing to the family members of patients in a hospital or sanitarium are exempt from the tax except for the sale of materials used in the original construction, extension, or repair of the temporary housing.
3. (c) The gross receipts or gross proceeds derived from the sale of tangible personal property or services to any other hospital or sanitarium operated for charitable and nonprofit purposes are exempt from the tax except the sales of materials used in the original construction, extension, or repair of such a hospital or sanitarium shall not be exempt from the tax.
4. (d) The gross receipts or gross proceeds derived from the sale of tangible personal property or services to a hospital or sanitarium operated for profit are taxable.

5. (e) Definitions. As used in this section:

   1. (1) “Charitable organization” means an organization whose:

      1. (A) Purpose is benevolent, philanthropic, patriotic, or eleemosynary; and
      2. (B) Function if not performed by a private party would have to be performed at public expense;

   2. (2)

      1. (A) “Extension” means the exterior expansion, vertically or laterally, of the existing facility such that additional usable space is added to the total usable space of the hospital or sanitarium.
      2. (B) The addition or expansion of parking facilities is also an “expansion”;

   3. (3)

      1. (A) “Hospital” means an institution that provides medical and surgical care for the general public.
      2. (B) Two (2) basic factors determine whether an institution is a hospital:

6. (i) The institution provides beds for the overnight stay of patients (an institution that provides outpatient services only is not a hospital); and

   1. (ii) The institution provides a broad range of medical and surgical services;

   2. (4) “Nonprofit” means that no part of the income received by the hospital or sanitarium from any sources inures (either directly or indirectly) to the benefit of any:

      1. (A) Individual;
      2. (B) Corporation organized for profit;
      3. (C) Trust organized for profit; or
      4. (D) Partnership organized for profit;

   3. (5)

      1. (A) “Repair” means substantial modifications or substantial work upon the hospital or sanitarium building itself that are necessary because of some extraordinary occurrence such as fire, earthquake, flood, explosion, or structural failure.

      2. (B) Repair does not include the replacement of items or work performed on the hospital or sanitarium building as a result of:

         1. (i) Ordinary wear and tear;
         2. (ii) Depreciation;
         3. (iii) Maintenance; or
         4. (iv) Vandalism.
      3. (C) Repair does not include remodeling or refurbishing of any part of the existing hospital or sanitarium facility not necessitated by damage;
   4. (6) “Sanitarium” means an institution that provides long-term inpatient medical or mental treatment for the physically or mentally ill, including a charitable, nonprofit nursing home or a charitable, nonprofit hospice; and
   5. (7) “State-owned, tax-supported” means owned by the State of Arkansas and supported by public funds.

7. (f)

   1. (1)

      1. (A) Materials purchased by the hospital (except for state-owned hospitals) for repairs are subject to sales tax.
      2. (B) However, if a contractor purchases repair materials for use in completing a contract with the hospital, the contractor must pay sales tax on all purchases.
   2. (2) Materials purchased by a charitable, nonprofit, non–state-owned hospital for maintenance or routine replacement are exempt.

8. (g)

   1. (1) An entity that is affiliated with a hospital but is a separate legal entity from the hospital and does not itself qualify as a “hospital” or “sanitarium” may not purchase items exempt from tax if the entity’s purchases are paid by the separate entity.
   2. (2) For example, a clinic that is a subsidiary or affiliate of a hospital but that provides outpatient services only or otherwise fails to qualify as a hospital is not exempt from tax on purchases of items paid with the subsidiary or affiliate’s own funds.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules contained a footnote as follows: "Source: Ark. Code Ann. § 26-52-401(21)"