1. (a) Services subject to the tax.

   1. (1) Arkansas state and local gross receipts (sales) tax shall apply to the gross proceeds derived from the performance of pest control services.

   2. (2) Tax should be collected on the entire gross receipts derived from the fee charged for the performance of pest control services, without any deduction for:

      1. (A) Costs;
      2. (B) Fees;
      3. (C) Labor services performed;
      4. (D) Interest;
      5. (E) Losses; or
      6. (F) Any expenses whatsoever.
   3. (3) Fees paid by a service provider to the state, a city, county, or other governmental subdivision that are passed on to the customer are part of the gross receipts for providing pest control services.

2. (b) Definitions. As used in this section:

   1. (1) “Pest” means:

      1. (A) Any insect, rodent, nematode, or fungus; or
      2. (B) Any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria, or other microorganisms on or in living man or other living animals) that is injurious to health or the environment; and

   2. (2)

      1. (A) “Pest control service” means any person who for compensation gives advice or engages in work, including inspection, to prevent, control, or repel pests as defined herein.
      2. (B) Such services shall include, but shall not be limited to, the prevention, control, or repelling of:
3. (i) Arthropods, mammals, birds, reptiles, wood-damaging or wood-destroying insects, wood-damaging or wood-destroying fungi, and any organisms that may invade or infest:
4. (a) (a) Homes, other buildings, or similar structures; and

5. (b) (b) Their adjacent grounds; and

   1. (ii) Arthropods, mammals, birds, reptiles, and plant diseases that may invade, infest, or infect:
6. (a) (a) Shade trees;

7. (b) (b) Shrubs;

   1. (c) (c) Lawns; and

      1. (d) (d) Turf.

         1. (c) Persons responsible for collecting and remitting tax. The tax shall be collected and remitted by the seller of the pest control services on the total gross receipts received by a pest control service provider, including any amounts received for service contracts, termite contracts, pest control contracts, or any other contract that provides for inspection, prevention, control, or repelling of pests.
         2. (d) Services exempt from tax.
   2. (1) The tax shall not apply to sales of pest control services performed in the agricultural production of food or fiber as a business (including the pest control treatment of livestock and poultry) or the agricultural production of grass sod or nursery products as a business.

   3. (2)

      1. (A) Agricultural purposes means any purpose directly connected with the operation of any farm, including poultry and fish farms, ranches, orchards, or any other operation by which products are grown on the land in sufficient quantity to constitute a commercial operation.
      2. (B) Agricultural purposes also means the production of flowering, ornamental, or vegetable plants by a grower in a commercial greenhouse or at another location.
   4. (3) The exemption is not intended to cover the sale of pesticides for use in private family vegetable gardens or in protecting ornamental plants used for landscape purposes.

   5. (4)

      1. (A) The tax on pest control services is not intended to apply to the performance of either commercial or residential weed control services.
      2. (B) However, weed control services may be taxable as a lawn care service.

8. (e) Chemicals and building materials.

   1. (1) Chemicals applied to the customer’s premises and used for the treatment, control, or repelling of pests may be purchased tax free as a sale-for-resale by the pest control service provider.
   2. (2) Building materials that are incorporated into the customer’s premises in the course of repairing damage caused by termites may be purchased tax free as a sale-for-resale by the pest control service provider.
   3. (3) All items purchased for use or consumption in providing pest control services are subject to tax.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules contained a footnote as follows: "Source: Ark. Code Ann. § 26-52-316"