Were intraocular lenses sold in Texas exempt from sales and use tax as prosthetic devices?
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This page answers the general question as of 1991. Ezel answers yours, under current Texas tax law, with citations.
Plain-English summary
The requester sold intraocular lenses in Texas. The Comptroller classified an intraocular lens as a prosthetic device and said it was exempt from Texas sales and use tax.
The letter enclosed Rule 3.284 concerning drugs, medicines, medical equipment, and devices.
What this means for you
This short ruling treated the lens itself as an exempt prosthetic device. It did not analyze installation services, bundled procedures, or other ophthalmic products.
Common questions
Was the lens taxable? No. How did the Comptroller classify it? As a prosthetic device. Which rule did the letter reference? Rule 3.284.
Citations and references
- 34 Tex. Admin. Code Rule 3.284
Source
- STAR search: https://star.comptroller.texas.gov/search?doc_type_code=L&tax_type_code=SST
- Opinion: https://star.comptroller.texas.gov/view/9112L1146B06
Original ruling text
December 19, 1991
Dear ***:
Thank you for your letter regarding the taxability of intraocular
lenses sold in Texas by your company. I hope you will accept my
apology for the delay in answering your tax question.
The intraocular lens is a prosthetic device and as such is exempt
from sales and use tax in Texas. I am enclosing a copy of Rule
3.284, Drugs, Medicines, Medical Equipment, and Devices, for your
reference.
This opinion is based on the facts presented. If there are
additional or different facts, the opinion could change.
If you have any questions, please don't hesitate to write the Tax
Administration Division or call one of our tax specialists toll
free at 1-800-252-5555.
Sincerely,
Joan Hale
Tax Administration Division
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