πŸ§ͺ TEST MODE ACTIVE Use test card: 4242 4242 4242 4242
TX 9809701L Sales and/or Use Tax (State,Local,MTA) 1998-09-03

Is sandblasting sand (or similar raw materials like rock, gravel, dirt) taxable when purchased, and does it matter whether the sand has been sorted, washed, or crushed?

Short answer: Depends on whether the material is 'processed' -- and specifically, crushing or mixing is what triggers tax, not sorting or cleaning. This is a CORRECTED letter (the Comptroller's original August 7, 1998 response on the same question was wrong and superseded by this one). The rule: the purchase of unprocessed rock, gravel, dirt, and sand is NOT taxable. Materials that are merely sorted, sized, screened, washed, and/or dried are still considered UNPROCESSED (and thus not taxable) -- those operations don't count as 'processing.' But materials that are CRUSHED or MIXED are taxable as processed materials. So whether sandblasting sand is taxable depends entirely on whether it has been crushed or mixed (taxable) versus merely sorted, sized, screened, washed, or dried (not taxable).

Apply this to your situation

This page answers the general question as of 1998. Ezel answers yours, under current Texas tax law, with citations.

Currency note: this ruling is from 1998
Subsequent statutory amendments, regulation changes, court decisions, or later rulings may have changed the analysis. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, rate, or position mentioned here.
Disclaimer: This is an official Texas Comptroller of Public Accounts letter published on the State Tax Automated Research (STAR) system. Letters on STAR can be the basis of a detrimental reliance claim only for the taxpayer to whom the letter was directly issued (see 34 Tex. Admin. Code Rules 3.1 and 3.10); documents on STAR may no longer represent current policy even if not marked superseded. Taxpayer-identifying details are redacted. This summary is informational only and is not legal or tax advice. Consult a licensed Texas tax professional about your specific situation.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official state tax ruling. The original ruling (linked on this page) is the authoritative source for any reliance.

Plain-English summary

This is a corrected letter β€” the Comptroller explicitly withdrew an earlier August 7, 1998 response on the taxability of sandblasting sand and replaced it with this one.

The corrected rule: the purchase of unprocessed rock, gravel, dirt, and sand is not taxable. Critically, "unprocessed" is defined broadly here β€” materials that are merely sorted, sized, screened, washed, and/or dried are still considered unprocessed materials for tax purposes, even though those are real physical operations performed on the raw material. What does count as processing, and therefore makes the material taxable, is crushing or mixing.

Applying this to the taxpayer's actual question β€” sandblasting sand β€” the answer is that its taxability depends entirely on which operations were performed on it: if it was only sorted, sized, screened, washed, or dried, it's untaxed; if it was crushed or mixed, it's taxable as a processed material.

What this means for you

Aggregate, quarry, and construction materials suppliers

The line between taxable "processed" and nontaxable "unprocessed" raw aggregate materials (dirt, sand, gravel, caliche, rock, limestone) is narrower than it might seem: cleaning, sorting, sizing, and drying operations do NOT convert unprocessed material into taxable processed material, but crushing or mixing does. Track exactly which operations your product goes through, since that β€” not the material's use (e.g., sandblasting) β€” determines taxability.

Accountants and tax professionals

This letter is a useful, concise statement of the processed-vs-unprocessed aggregate materials line, and a reminder that even the Comptroller's own responses on this topic have needed correction β€” worth double-checking against current guidance for any specific aggregate product.

Common questions

Q: Is unprocessed sand or gravel taxable when purchased?
A: No, per this letter.

Q: Does washing, sorting, sizing, or drying count as "processing" that would make the material taxable?
A: No, per this letter β€” those operations keep the material in the "unprocessed" (nontaxable) category.

Q: What operations DO make aggregate material taxable?
A: Crushing or mixing, per this letter.

Q: Is sandblasting sand always taxable or always exempt?
A: Neither β€” per this letter, it depends entirely on whether the specific sand has been crushed/mixed (taxable) or only sorted/sized/screened/washed/dried (not taxable).

Citations and references

No specific Tax Code section or Comptroller rule number is cited in this letter; the Comptroller applied its general processed-vs-unprocessed aggregate materials policy to these facts.

Source

Original ruling text

September 3, 1998

To: ***


Subject: Question Regarding Taxability of Sandblasting Sand

Dear ***:

I need to correct my August 7th response regarding the taxability of

sandblasting sand. This is the corrected response.

The purchase of unprocessed rock, gravel, dirt, and sand is not taxable.

Materials that are merely sorted, sized, screened, washed, and/or dried are not

considered processed materials.

Materials that are crushed or mixed are taxable as processed materials.

Therefore, the taxability of sandblasting sand depends on whether it is

processed or unprocessed sand.

This opinion is based on the facts you submitted. Other facts, though similar,

may yield different results.

I hope this information helps. If you have further questions, please e-mail me

at [email protected], or you may reach me by phone at 1-800-531-5441,

ext. 5-0030.

Sincerely,

David Somerville

Tax Policy Division

Get today's answer for your situation

You just read a 1998 ruling on this question. Ezel checks current Texas tax law and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the authority it relies on.