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<regulation prefix="Regulation" num=".39" citation="COMAR 03.06.01.39" title_num="03" subtitle_num="06" chapter_num="01" heading="Detective, Guard, Armored Car Services, and Security Systems.">
  <paragraph num="A.">
    <text>In this regulation, the following terms have the meanings indicated.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Terms Defined.</text>
    <paragraph num="(1)">
      <text>“Armored car service” does not include coin rolling or change room services, as long as these charges are separately stated.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“Detective” means a person who is authorized to provide private detective services under Business Occupations and Professions Article, Title 13, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Detective Service.</text>
      <paragraph num="(a)">
        <text>“Detective service” means to conduct an investigation concerning:</text>
        <paragraph num="(i)">
          <text>A crime or wrong committed, assumed to have been committed, or threatened to be committed;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The identity, habits, conduct, movement, location, affiliations, associations, transactions, reputation, or character of any person;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>The credibility of a witness or of any other individual;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>The location of a missing individual;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>The location or recovery of lost or stolen property;</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>The origin, cause of, or responsibility for a fire, accident, damage to or loss of property, or injury to an individual, regardless of who conducts the investigation;</text>
        </paragraph>
        <paragraph num="(vii)">
          <text>The affiliation, connection, or relation of any person with an organization or other person;</text>
        </paragraph>
        <paragraph num="(viii)">
          <text>The activities, conduct, efficiency, loyalty, or honesty of any employee, agent, contractor, or subcontractor; or</text>
        </paragraph>
        <paragraph num="(ix)">
          <text>The financial standing, creditworthiness, or financial responsibility of any person.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>“Detective service” includes:</text>
        <paragraph num="(i)">
          <text>Securing evidence for use before any investigating committee, board of award, or board of arbitration, or for use in the trial of any civil or criminal cause;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Providing uniformed or nonuniformed personal protection;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Conducting polygraph testing;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Conducting background checks on prospective employees or tenants; or</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Conducting background checks on individuals by or at the request of an insurance company for worker's compensation purposes.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>“Detective service” does not include private process service unless the service goes beyond service of process to a missing person investigation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>“Security guard service” includes any activity that is performed for compensation as a security guard to protect any individual or property.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Security Systems Service.</text>
      <paragraph num="(a)">
        <text>“Security systems service” means providing on the premises of a person's residential or commercial property the service of:</text>
        <paragraph num="(i)">
          <text>Monitoring an electronically controlled burglar or fire alarm system for any residential or commercial property located in the State; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Responding to a distress call or an alarm sounding from a security system.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>“Security systems service” does not include:</text>
        <paragraph num="(i)">
          <text>Installing a burglar or fire alarm system in commercial or residential property;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Maintaining or repairing a security system for a customer;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Monitoring property located entirely outside of the State, even if the equipment used to perform the monitoring service is located in the State; or</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Providing a medical response system used by individuals to summon medical aid.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Taxability.</text>
    <paragraph num="(1)">
      <text>The sales and use tax applies to the sale of a security service, which includes:</text>
      <paragraph num="(a)">
        <text>A detective service;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A security guard service;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>An armored car service; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A security systems service.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The application of the Maryland sales and use tax to charges for security services is controlled by the delivery point of the services. For example, an investigation that encompasses a number of states but results in a report of the investigation being delivered to a client in Maryland is subject to the Maryland sales and use tax. However, an investigation conducted entirely in Maryland which results in a report delivered to an out-of-State client is not subject to the Maryland sales and use tax.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Armored car services delivered in Maryland are subject to the sales and use tax, although the vendor may reasonably apportion any charges for any out-of-State delivery component. Acceptable apportionment methods include distance, time, or number of stops within and outside of the State.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Security Monitoring Systems.</text>
      <paragraph num="(a)">
        <text>Except as set forth in §C(4)(b) of this regulation, the installer of security systems in commercial or residential property shall pay the sales and use tax on the cost of all materials that are installed in such a manner as to become real property.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Equipment that is used to operate or monitor a security system or functions independently as a standalone electronic device whether wired to the system or wireless and is property normally treated as tangible personal property, does not become part of the realty even though it may be used as part of the security system to monitor, secure, and control access to realty. Examples of such equipment include, but are not limited to, computers, laptops, VCRs, DVDs, cameras, monitors, and televisions.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Installers or sellers of tangible personal property included in or as part of a commercial or residential security system shall separately state the charge for tangible personal property on any invoice, contract of sale, or lease, and shall charge the sales and use tax to the purchaser. Installers or sellers of items that do not become part of the realty may issue their supplier a resale certificate to purchase the tangible personal property tax-free.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>