EFTA02322503.pdf

New York State Department of Taxation and Finance ST-120 (6/99) Resale Certificate O Single-use certificate LI Blanket certificate Date issued Temporary vendors must issue a single-use certificate. Seller Information - please type or print Seller's name Address City State ZIP code 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: O a New York State vendor (including a hotel operator or a dues or admissions recipient), show vendor or entertainment vendor. My valid Certificate of Authority Number is O a New York State temporary vendor. My valid Certificate of Authority Number is and expires on I am purchasing: A O 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 O 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 O 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. D O Tangible personal property for resale that will be resold from a business located outside New York State. Part 3 - Certification I, the purchaser, understand that: • I may not use this certificate to purchase items or services that are not for resale. • If I purchase tangible personal property or services for resale, but I use or consume the tangible personal property or services myself in New York State, I must report and pay the unpaid tax directly to New York State. • I will incur tax liabilities, in addition to penalty and interest, for any misuse of this certificate. Please type or print Purchaser's name as it appears on the sales tax registration Name of owner, partner, or officer of corporation, authorizing the purchase Street address Purchaser's signature City State ZIP code Title Substantial penalties will result from misuse of this certificate. EFTA_R1_01235034 EFTA02322503 ST-120 (6/99) (back) Instructions For Use of Resale Certificates Form ST-120, Resale Certificate, is a sales tax exemption vendors may not issue a blanket certificate. A temporary vendor is certificate. This certificate Is only for use by a purchaser who: a vendor (other than a show or entertainment vendor), who, in no A - is registered as a New York State sales tax vendor and has a more than two consecutive quarters in any 12-month period, valid Certificate of Authority issued by the Tax Department makes sales of tangible personal property or services that are and is making purchases of tangible personal property (other subject to tax. than motor fuel or diesel motor fuel) or services that will be resold or transferred to the purchaser's customers, or This certificate does not exempt prepaid sales tax on cigarettes. B - is not required to be registered with the New York State Tax This certificate may not be used to purchase motor fuel or diesel Department; motor fuel. - is registered with another state, the District of Columbia, a province of Canada. or other country, or is located in a state. province, or country which does not require sellers to register If you intentionally issue a fraudulent exemption certificate, you will for sales tax or VAT purposes; and become liable for penalties and interest, in addition to the sales - is purchasing items for resale that will be either: tax initially due. Some penalties that may apply: 1) delivered by the seller to the purchasers customer or to • 100% of the tax due an unaffiliated fulfillment service provider located in New • $50 for each fraudulent exemption certificate issued York State. or • a misdemeanor penalty consisting of fines not to exceed 2) delivered to the purchaser in New York State, but resold $10,000 for an individual or $20,000 for a corporation from a business located outside the state. • loss of your Certificate of Authority Note: For purposes of 1) above, delivery by the seller includes delivery in the seller's own vehicle or by common To the Seller carrier, regardless of who arranges for the transportation. 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 is valid. 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 The certificate will be considered valid if it was: registered in New York State. If you need help determining if • accepted in good faith. you are required to register because you engage in some other • in the vendor's possession within 90 days of the transaction, and activity in the State, contact the Department (see the Need Help section). However, a purchaser who is not otherwise • properly completed (all required entries were made). required to be registered in New York may purchase fulfillment services from an unaffiliated New York fulfillment service provider and have its tangible personal property located on the A certificate is accepted in good faith when a seller has no premises of the provider without being required to be registered knowledge that the exemption certificate is false or is fraudulently in New York State. given, and reasonable ordinary due care is exercised in the acceptance of the certificate. If you meet the registration requirements and engage in business You must get a property completed exemption certificate from your activities in New York State without possessing a valid Certificate customer no later than 90 days after the delivery of the property of Authority, you will be subject to penalty of up to $500 for the or the performance of the service. When you receive a certificate first day on which you make a sale or purchase, and up to $200 after the 90 days, both you and the purchaser are subject to the for each additional day, up to a maximum of $10,000. burden of proving that the sale was exempt, and additional documentation may be required. An exemption certificate received Limitations on use on time that is not properly completed will be considered satisfactory if the deficiency is corrected within a reasonable Contractors cannot use this certificate. They must either: period. You must also maintain a method of associating an invoice • issue Form ST-120.1, Contractors Exempt Purchase Certificate. (or other source document) for an exempt sale made to a if the tangible personal property being purchased qualifies for customer with the exemption certificate you have on file from that exemption as specified by the certificate, or customer. • issue Form AU-297, Direct Payment Permit, or • pay sales tax at the time of purchase. Invalid exemption certificates - Sales transactions which are not supported by valid exemption certificates are deemed to be Contractors are entitled to a refund or credit of sales tax paid on taxable retail sales. The burden of proof that the tax was not materials used in repairing, servicing or maintaining real property, required to be collected is upon the seller. if the materials are transferred to the purchaser of the taxable service in conjunction with the performance of the service. For Retention of exemption certificates • You must keep this additional information, see Publication 862, Sales and Use Tax Classifications of Capital Improvements and Repairs to Real certificate for at least three years after the due date of the return to which it relates, or the date the return was filed, if later. Property. To the Purchaser Need Help? Enter all the information requested on the front of this form. Tax information: 1 800 972-1233 Forms and publications: 1 800 462-8100 You may check the Blanket certificate box to cover all purchases From outside the U.S. and outside Canada: (518) 485-6800 of the same general type of property or service purchased for Fax-on-demand forms: 1 800 748-3676 resale. If you do not check the Blanket certificate box, the Internet access: http://www.tax.state.ny.us certificate will be deemed a Single-use certificate. Temporary Hearing and speech impaired: 1 800 634-2110 EFTA_R1_01235035 EFTA02322504