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BETTESWORTHConstruction
building materials

Sales Tax vs. Use Tax on Building Materials: What Contractors Need to Know

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Sales tax is usually collected by the supplier when a contractor buys taxable building materials. Use tax is the complementary tax a contractor may owe when taxable materials are used or consumed without the applicable sales tax having been paid. The correct answer depends on the job location, the contractor’s classification, the type of work, the materials or fixtures involved, the customer and contract, and the state and local rules in effect there. A customer’s tax-exempt status does not automatically make the contractor’s own purchases exempt.

Sales tax and use tax are related, but they are not the same charge

Sales tax is imposed on a taxable sale. In the ordinary contractor purchase, a supplier charges the applicable state and local sales tax on the invoice and sends that tax to the taxing authority. The invoice should show the taxable base, the rate or jurisdiction, and the tax collected.

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Use tax applies to taxable tangible personal property that is used, stored, or consumed in a jurisdiction when the applicable sales tax was not paid to the seller. A common example is an out-of-state purchase shipped to a project in another state where the seller does not collect that state’s tax. The contractor may have to calculate and report use tax on the taxable purchase price. Use tax can also arise when untaxed inventory is later withdrawn for use on a taxable project.

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Use tax is not a second tax on a purchase for which the correct sales tax was already paid. It is intended to complement sales tax and prevent a purchase from escaping tax merely because the seller did not collect it.

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Why contractor status changes the answer

Many states treat a contractor as the consumer of materials incorporated into real property rather than as a reseller of those materials to the property owner. In that model, the contractor pays sales tax to the supplier, or accrues use tax if the supplier did not collect the applicable tax. The contractor generally does not add a separate sales-tax line to the customer’s bill for those consumed materials.

That treatment is not universal. A contractor may be treated differently when selling tangible personal property, reselling an item, installing a fixture, performing a repair, or providing another service defined separately by the state. “Contractor” is therefore not a complete tax classification by itself.

Question Why it matters
Where are the materials delivered and installed? The state and local jurisdictions at the project location may control the rate, sourcing, exemptions, filing method, and definitions.
What is being purchased? Materials incorporated into real property may be treated differently from fixtures, equipment, tools, or supplies.
What work is being performed? New construction, remodeling, repair, retail sale, and fixture installation can have different rules.
Who is the customer? Government, nonprofit, exempt-organization, and other customers may trigger special procedures, but the customer’s exemption does not automatically cover the contractor’s inputs.
Was tax charged by the supplier? An invoice showing the correct tax generally prevents a second use-tax charge on that same taxable amount; an untaxed purchase may require accrual.

The contractor’s practical decision process

  1. Identify the tax situs. Record the delivery address, installation address, and any locations where materials are stored before use. Check the revenue department and local guidance for the project jurisdiction rather than relying on the contractor’s home office location.
  2. Classify the contract and work. Determine whether the agreement is for new construction, reconstruction, alteration, expansion, remodeling, repair, maintenance, a retail sale, fixture installation, or another defined category.
  3. Classify each input. Separate materials incorporated into real property from fixtures, equipment, tools, consumable supplies, and items sold to the customer without incorporation.
  4. Review the supplier invoice. Confirm that the seller charged the tax applicable to the delivery or pickup jurisdiction. Flag out-of-state, online, resale, exempt, or otherwise untaxed purchases for review.
  5. Test any exemption. Read the project contract and the jurisdiction’s exemption rules. Obtain and retain the required exemption certificate or other documentation; do not assume that a customer’s certificate covers the contractor’s purchase.
  6. Accrue and report use tax when required. If taxable property was used or consumed without the applicable sales tax, calculate use tax on the taxable purchase price using the jurisdiction’s instructions and filing schedule.
  7. Preserve the audit trail. Tie each purchase to a job, invoice, tax treatment, and supporting document so the conclusion can be reconstructed later.

How the rules differ by state: official examples

The following examples show why a national “contractors always pay sales tax” or “contractors never charge tax” rule is unsafe. They are illustrations, not a 50-state survey. Apply the current law and administrative guidance for the project’s state and locality.

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California

California’s contractor guidance says treatment depends on the contract type, how materials or fixtures are purchased, and how they are installed. Contractors are generally consumers of materials and owe tax on their cost. Fixtures have separate retailer treatment, which can change how the transaction is reported and whether tax is charged to the customer.

California guidance identifies records that should be retained, including purchase invoices (with particular attention to out-of-state purchases), job-cost folders, billing records, and documents supporting nontaxable purchases or sales. California Publication 44 was revised in June 2026; use the current publication and current state and local rate information when applying the rule.

Michigan

Michigan Revenue Administrative Bulletin 2025-18, approved December 10, 2025 and updated September 17, 2026, states that a contractor generally owes sales or use tax on items used or consumed in performing a construction contract, including equipment, supplies, and materials. It also says that a contractor paying tax on those inputs may not charge sales or use tax directly to the customer for them.

The bulletin’s date matters: administrative guidance can be updated, and a contractor should verify that the version being applied is current for the filing period and project facts.

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Minnesota

Minnesota’s Department of Revenue says contractors pay sales and use tax on materials, supplies, and equipment used to complete a construction contract. If a supplier does not charge Minnesota sales tax, the contractor owes use tax on the purchase price. The department page cited for this guidance was last updated June 18, 2024, so confirm current instructions before filing.

Iowa

Iowa’s guide distinguishes new construction, reconstruction, alteration, expansion, and remodeling from certain repair or installation situations. For the first group, the contractor pays tax on materials and generally does not collect tax from the customer. In other repair or installation cases, the guide describes tax on material sales and certain taxable labor. The contract’s classification and the exact service performed are therefore decisive.

Alabama

Alabama Department of Revenue guidance generally treats contractors as not reselling building materials that are affixed to realty. Tax is paid to an Alabama vendor, or as use tax on qualifying out-of-state purchases when the vendor does not collect Alabama tax. The rule applies to the state’s definitions and facts; it should not be transplanted to another jurisdiction.

Materials, fixtures, equipment, and supplies are not interchangeable

Materials incorporated into real property

Lumber, concrete, drywall, roofing components, wiring, pipe, and similar items that become part of a building are often treated as consumed by the contractor. In states using that approach, the contractor pays tax at purchase or self-assesses use tax when required. The customer invoice may show a contract price without a separate sales-tax charge on those inputs.

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Fixtures

A fixture may be treated separately from a material even though it is installed at the same project. California, for example, describes contractors as retailers of fixtures rather than consumers of them. The result can affect the taxable sale, documentation, and customer billing. Use the jurisdiction’s definition and installation facts, not the item’s everyday name.

Equipment, tools, and supplies

Examples include lifts, saw blades, fasteners, safety supplies, fuel, rented equipment, and temporary materials. Michigan and Minnesota expressly describe equipment and supplies as items that may be taxable when used to complete a construction contract. Keep them separate in job-cost records so a reviewer can see what was purchased, where it was used, and whether tax was charged.

Items purchased for resale

If the transaction is a true retail sale rather than consumption in construction, resale treatment may be available under the jurisdiction’s rules and documentation requirements. A resale certificate is not a blanket permission to buy every project input tax-free. If an item is ultimately consumed by the contractor or incorporated under a consumer-contractor rule, the resale position may fail and use tax may be due.

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Two project scenarios that show the difference

Scenario Likely issue to resolve Records to keep
A contractor buys framing lumber from an in-state supplier, and the invoice shows the correct state and local tax. Verify the invoice jurisdiction and classify the lumber under the project state’s construction rules. If the tax was correctly paid, do not accrue use tax again on the same amount. Supplier invoice, delivery address, purchase order, job-cost entry, and contract classification.
A contractor buys specialty materials from an out-of-state seller that does not collect tax and installs them at a taxable project. Determine whether the materials are taxable in the installation state and whether the contractor must self-assess use tax on the purchase price. Vendor invoice, shipping documents, installation location, payment record, use-tax calculation, and filed return or payment confirmation.
A contractor installs a fixture under a contract that separately identifies the fixture and installation. Check whether the jurisdiction treats the contractor as a retailer of the fixture and whether the sale, installation labor, or both are taxable. Detailed contract, fixture invoice, customer exemption documents if applicable, and billing records.
A contractor performs remodeling for an exempt organization. Confirm whether the exemption applies to the project, the customer, the contractor’s purchase, or only specified transactions. The customer’s status alone is not enough. Exemption certificate, contract, purchase invoices, correspondence, and the state’s required supporting forms.

How to handle an invoice with no tax

An invoice without sales tax is a question, not proof that the purchase is exempt. Ask why tax was omitted and document the answer. Common possibilities include a seller’s lack of collection obligation, a valid resale or exemption transaction, a sourcing error, an untaxed out-of-state shipment, or an item outside the tax base.

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  • Confirm the seller’s legal name, ship-to address, and pickup location.
  • Identify the item and its intended use on the project.
  • Check whether the seller charged another state’s tax instead of the project state’s tax.
  • Review the applicable exemption or resale certificate requirements.
  • Calculate use tax if the property is taxable and no valid exclusion applies.
  • Record the conclusion and the person who approved it.

Do not simply add an estimated tax amount to the customer invoice. In a consumer-contractor state, that can create a separate billing problem while leaving the contractor’s own filing obligation unresolved.

Customer exemptions and government work

Exempt customers and exempt projects require careful document matching. Some jurisdictions exempt particular entities or purchases; others limit the exemption to specified materials, direct purchases, or properly documented transactions. A government or nonprofit contract may therefore require a different purchasing path, a direct-pay arrangement, an exemption certificate, or tax paid by the contractor.

Read the contract, the exemption certificate, and the state’s instructions together. Keep evidence showing which party made the purchase, who held title, where delivery occurred, and how the material was used. Never infer an exemption solely from the customer’s organizational status.

Records that support the tax position

Good records should allow a tax reviewer to trace a material from purchase to project and explain why sales tax was paid, why use tax was accrued, or why an exemption was accepted.

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  • Supplier invoices showing item descriptions, quantities, taxable amounts, tax charged, and delivery or pickup location.
  • Purchase orders, bills of lading, shipping records, and payment records for out-of-state transactions.
  • Job-cost folders linking materials, equipment, supplies, and fixtures to a specific project.
  • Contracts, change orders, scopes of work, and customer billing records.
  • Resale certificates, exemption certificates, direct-pay documents, and correspondence supporting nontaxable treatment.
  • Use-tax workpapers showing the purchase price, rate used, jurisdiction, calculation, and filing or payment date.
  • Documentation of returned, destroyed, transferred, or unused materials when the jurisdiction provides a related adjustment.

California specifically lists purchase invoices, job-cost folders, billing records, and support for nontaxable purchases or sales. Other states may prescribe different retention periods or records, so follow the project jurisdiction’s requirements.

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Common mistakes and how to correct them

Using the contractor’s home state rate

Tax is often determined by where property is delivered, stored, or used, not where the contractor’s office is located. Correct the analysis by recording the project and delivery locations before ordering materials.

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Assuming an out-of-state seller’s tax is sufficient

Tax charged by another state may not satisfy the project state’s obligation. Compare the invoice tax to the jurisdiction where the taxable use occurs and follow that state’s credit and reporting rules.

Calling every project input a resale

Materials consumed in construction, tools, equipment, and supplies may not qualify for resale treatment. Classify the item by its actual use and retain the required certificate only when the legal conditions are met.

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Charging the customer because tax was missed at purchase

A contractor’s failure to pay tax to a supplier does not automatically authorize a later customer charge. Determine whether the contractor is the consumer or retailer under the jurisdiction’s rules, then correct the purchase-side filing and billing treatment separately.

Relying on an old rule or rate

State guidance, local rates, exemptions, and filing procedures change. Check the current revenue-department material for the filing period. Michigan’s bulletin, for example, was updated September 17, 2026, while California Publication 44 was revised in June 2026.

When to obtain professional advice

Ask a state-and-local-tax professional or the relevant revenue department for a written determination when a project crosses state lines, uses unusual fixtures or equipment, combines taxable and exempt work, involves a large out-of-state purchase, or has a contract that does not clearly identify who buys and owns the materials. Bring the contract, invoices, delivery details, exemption documents, and a description of how each item will be used. A general accounting answer may miss a local jurisdiction or a construction-specific definition.

Bottom line

For building materials, start with the job location and the jurisdiction’s contractor classification. Sales tax is normally collected by the seller on a taxable purchase; use tax may be due when taxable property is used without that tax having been paid. Determine whether the work is construction, repair, retail sale, or fixture installation; separate materials from equipment and supplies; verify every invoice; document exemptions; and keep a project-level audit trail. Because the official examples from California, Michigan, Minnesota, Iowa, and Alabama differ, the current state and local guidance for the actual project controls.

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