EFTA00522981.pdf

New York Slab Darer'mem of Taxation and Finance New York State and Local Sales and Use Tax ST-120 Resale Certificate Name of seller Name of purchaser ducduc Ilc dba The New Traditionalists Street address Street address 200 Lexington Avenue, #701 City State ZIP code City State ZIP code New York NY 10016 Mark an X in the appropriate box: ❑ Single-use certificate ❑ Blanket certificate Temporary vendors must issue a single-use certificate. To the purchaser: You may not use this certificate to purchase items or services that are not for resale. If you purchase tangible personal property or services for resale, but use or consume the tangible personal property or services yourself in New York State. you must report and pay the unpaid tax directly to New York State. Any misuse of this certificate will result in tax liabilities and substantial penalty and interest. Purchaser information — please type or print I am engaged in the business of and principally sell (Contractors may not use this certificate to purchase materials and supplies.) Part 1 —To be completed by registered New York State sales tax vendors I certify that I am: ❑ a New York Stale vendor (including a hotel operator or a dues or admissions recipient), show vendor or entertainment vendor. My valid Certificate of Authority number is ❑ a New York State temporary vendor. My valid Certificate of Authority number is and expires on I am purchasing: ❑ A. Tangible personal property (other than motor fuel or diesel motor fuel) • for resale in its present form or for resale as a physical component part of tangible personal property; • for use in performing taxable services where the property will become a physical component part of the property upon which the services will be performed, or the property will actually be transferred to the purchaser of the taxable service in conjunction with the performance of the service; or ❑ B. A service for resale, including the servicing of tangible personal property held for sale. Part 2 —To be completed by non-New York State purchasers I certify that I am not registered nor am I required to be registered as a New York State sales tax vendor. I am registered to collect sales tax or value added tax (VAT) in the following state/jurisdiction and have been issued the following registration number (If sales tax or VAT registration is not required and a registration number is not issued by your home jurisdiction, indicate the location of your business and write not applicable on the line requesting the registration number.) I am purchasing: ❑ C. Tangible personal property (other than motor fuel or diesel motor fuel) for resale, and it is being delivered directly by the seller to my customer or to an unaffiliated fulfillment services provider in New York State. • 0. Tangible personal property for resale that will be resold from a business located outside New York State. Certification: I certify that the above statements are true, complete, and correct. and that no material information has been omitted. I make these statements and issue this exemption certificate with the knowledge that this document provides evidence that state and local sales or use taxes do not apply to a transaction or transactions for which I tendered this document and that willfully issuing this document with the intent to evade any such tax may constitute a felony or other crime under New York Slate Law, punishable by a substantial fine and a possible jail sentence. I understand that this document is required to be filed with, and delivered to, the vendor as agent for the Tax Department for the purposes of Tax Law section 1838 and is deemed a document required to be filed with the Tax Department for the purpose of prosecution of offenses. I also understand that the Tax Department is authorized to investigate the validity of tax exclusions or exemptions claimed and the accuracy of any information entered on this document. Type or print name and title of owner, partner, or authorized person of purchaser Signature of owner. partner, or authorized person of purchaser Date prepared Substantial penalties will result from misuse of this certificate. EFTA00522981  ST-120 (1/11) (back) Instructions Form ST-120, Resale Certificate. is a sales lax exemption certificate. To the Purchaser This certificate is only for use by a purchaser who: Enter all the information requested on the front of this form. A — is registered as a New York Stale sales tax vendor and has a valid Certificate of Authority issued by the Tax Department and You may mark an X in the Blanket certificate box to cover all purchases is making purchases of tangible personal property (other than of the same general type of property or service purchased for resale. motor fuel or diesel motor fuel) or services that will be resold or If you do not mark an X in the Blanket certificate box, the certificate transferred to the purchasers customers, or will be deemed a Single-use certificate. Temporary vendors may not B — is not required to be registered with the New York State Tax issue a blanket certificate. A temporary vendor is a vendor (other than a Department: show or entertainment vendor), who, in no more than two consecutive - is registered with another stale, the District of Columbia, a quarters in any 12-month period, makes sales of tangible personal property or services that are subject to tax. province of Canada, or other country, or is located in a state. province, or country which does not require sellers to register for This certificate does not exempt prepaid sales tax on cigarettes. This sales tax or VAT purposes; and certificate may not be used to purchase motor fuel or diesel motor fuel. - is purchasing items for resale that will be either: 1) delivered by the seller to the purchaser's customer or to an Misuse of this certificate unaffiliated fulfillment service provider located in New York Misuse of this exemption certificate may subject you to serious civil and State. or criminal sanctions in addition to the payment of any lax and interest due. These include: 2) delivered to the purchaser in New York Slate. but resold from a business located Outside the state. . A penalty equal to 100% of the lax due: . A $50 penalty for each fraudulent exemption certificate issued: Note: For purposes of 1) above. delivery by the seller includes delivery in the sellers own vehicle or by common carrier, • Criminal felony prosecution, punishable by a substantial line and a regardless of who arranges for the transportation. possible jail sentence: and • Revocation of your Certificate of Authority, if you are required to Non-New York State purchasers: registration be registered as a vendor. See TSB-M-09(17)S. Amendments that requirements Encourage Compliance with the Tax Law and Enhance the Tax Department's Enforcement Ability, for more information. If. among other things, a purchaser has any place of business or salespeople in New York State. or owns or leases tangible personal property in the State, the purchaser is required to be registered for New To the Seller York State sales tax. If you are a New York State registered vendor and accept an exemption document, you will be protected from liability for the tax. if the certificate A business must register (unless the business can rebut the statutory is valid. presumption as described in TSB-M-08(3.1)S, Additional Information on Flow Sellers May Rebut the New Presumption Applicable 10 The certificate will be considered valid if it was: the Definition of Sales Tax Vendor as Described in TSB-M08(3)S) • accepted in good faith; for New York State sales tax if the business enters into agreements with residents of New York State under which the residents • in the vendor's possession within 90 days of the transaction; and receive consideration for referring potential customers to the . properly completed (all required entries were made). business by links on a Web site or otherwise, and the value of the sales in New York State made by the business through A certificate is accepted in good faith when a seller has no knowledge those agreements totals more than 510.000 in the preceding that the exemption certificate is false or is fraudulently given, and four sales tax quarters. See TSB-M-08(3)S, New Presumption Applicable reasonable ordinary due care is exercised in the acceptance of the to Definition of Sales Tax Vendor, and TSB41-08(3.1)S. certificate. Also see TSB-M-09(3)S. Definition of a Sales Tax Vendor is Expanded You must get a properly completed exemption certificate from your to Include Out-of-Slate Sellers with Related Businesses in New customer no later than 90 days after the delivery of the properly or the York Slate. for information on sales tax registration requirements for performance of the service. When you receive a certificate after the out-of-slate businesses with New York affiliates. 90 days, both you and the purchaser are subject to the burden of proving that the sale was exempt, and additional documentation may be required. A purchaser who is not otherwise required to be registered for New York An exemption certificate received on time that is not properly completed Slate sales tax may purchase fulfillment services from an unaffiliated will be considered satisfactory if the deficiency is corrected within a New York fulfillment service provider and have its tangible personal reasonable period. You must also maintain a method of associating an property located on the premises of the provider without being required invoice (or other source document) for an exempt sale made to a customer to be registered for sales tax in New York State. with the exemption certificate you have on file from that customer. II you need help determining if you are required to register because you engage Invalid exemption certificates — Sales transactions which are not in activity in New York State. contact the department (see Need help?). supported by valid exemption certificates are deemed to be taxable retail sales. The burden of proof that the tax was not required to be If you meet the registration requirements and engage in business collected is upon the seller. activities in New York State without possessing a valid Certificate of Authority. you will be subject to penalty of up to $500 for the first day on Retention of exemption certificates -You must keep this certificate which you make a sale or purchase, and up to $200 for each additional for at least three years after the due date of the return to which it day, up to a maximum of S10.000. relates. or the date the return was filed, if later. Limitations on use Contractors cannot use this certificate. They must either: Need help? • issue Form ST-120.1. Contractor Exempt Purchase Certificate, if the tangible personal property being purchased qualifies for exemption Internet access: www.tax.ny.gov as specified by the certificate, or (for information, forms, and publications) • issue Form AU-297. Direct Payment Permit or • pay sales tax at the time of purchase. fEr Sales Tax Information Center: (518)485-2889 Contractors are entitled to a refund or credit of sales tax paid on To order forms and publications: (518)457-5431 materials used in repairing, servicing or maintaining real property, if the materials are transferred to the purchaser of the taxable service dlt Text Telephone (TTY) Hotline in conjunction with the performance of the service. For additional information, see Publication 862, Sales and Use Tax Classifications of XV. (for persons with hearing and Capital Improvements and Repairs to Real Property. speech disabilities using a TTY): (518) 485-5082 EFTA00522982