35 Miss. Admin. Code Pt. IV, Subpt. 5, Ch. 05 — Public Storage Warehouse

100 Storage Warehouses
101 A storage warehouse is a place where tangible personal property is kept and stored for a
fee in the custody of a person operating a commercial business. The gross income
received from such an activity is taxable at the regular retail rate of sales tax. Income
received from storage and handling of perishable goods is exempt from tax. "Perishable
goods" means frozen goods or goods that require refrigera tion while stored in a public
storage warehouse (example: meat, fish, poultry, vegetables, fruits, etc.). Perishable
goods shall also include grain products that require aeration while stored in a public
storage warehouse (example: soybeans, wheat, rice, oats, milo, etc.).
102 Income received from the temporary storage of tangible personal property in this state
pending shipping or mailing of the property outside this state is exempt from tax. The
exemption is available to all property whether or not the final determination of the
property's destination can be made prior to storage. It is the responsibility of the owner
of the storage facility to obtain a signed Affidavit of Temporary Storage from each
customer annually. The Affidavit is completed by the customer to indicate what
percentage of goods will be shipped out of state. The percentage should be based on
prior year's shipments, however, a reasonable estimate may be used if there is an absence
of prior year information. Any Affidavit accepted in good faith will be accepted as
satisfactory documentation of exempt sales. Sales tax is due on any goods to be shipped
within this state.
103 (Reserved)
200 Rental of Storage Facilities
201 Income received from the rental of storage facilities for the storage of tangible personal
property is exempt when the lessee maintains exclusive access to and control of the
storage facility. Example: mini storage facilities where the lessee uses their personal
lock. Income received from common storage facilities are subject to sales tax when
multiple lessees have access to the same area of the storage facility.
202 (Reserved)
300 Moving and Storage Companies
301 Purchases of equipment and supplies by a warehouse and drayage or moving business are
taxable at the regular retail rate of sales or use tax. Persons engaged in the mov ing and
storage business are considered to be consumers of packaging materials on which the
customer's property is contained for storage or transportation.
302 (Reserved)
400 Fuel Terminals
401 Persons in the business of storing or warehous ing fuel or other oil products for others are
construed to be engaged in a taxable public warehouse activity. The method used in
measuring charges and length of time that product remains in the terminal does not
relieve such persons of the sales tax liability.
402 Income received from the temporary storage of fuel or other fuel products in this state
pending shipping or mailing of the property outside this state is exempt from tax. The
exemption is available whether or not the final determination of the property's destination
can be made prior to storage. It is the responsibility of the owner of the fuel terminal to
obtain a signed Affidavit of Temporary Storage from each customer annually. The
Affidavit is completed by the customer to indicate what percentage of goods will be
shipped out of state. The percentage should be based on prior year's shipments, however,
a reasonable estimate may be used if there is an absence of prior year information. Any
Affidavit accepted in good faith will be accepted as satisfactory documentation of exempt
sales. Sales tax is due on any goods to be shipped within this state. The storage and
handling of natural gas in underground salt domes, caverns, or other underground
structures are exempt.
403 (Reserved)
35.IV.5.05 revised effective September 1, 2018