Case File
efta-02326462DOJ Data Set 11OtherEFTA02326462
Date
Unknown
Source
DOJ Data Set 11
Reference
efta-02326462
Pages
2
Persons
0
Integrity
Extracted Text (OCR)
Text extracted via OCR from the original document. May contain errors from the scanning process.
J.
.Twol of laddhon and I
Resale Certificate
Single-use certificate
"44f:flanker certificate
Date issued
Temporary vendors must issue a single-use certificate
Seller information - ',tease type or print
Seller's name
v
Address
C ty
Stale
--
ZIP code
Purchaser information - plea
I am engaged in the business 0'
_ and principally serf
iContractors may nor use this tea& to to purchase materials and supplies t
ST-120 (6/99,
Part 1 - To be completed by registered New York State sales tax vendors
liprtity that I am:
a New York State vendor iincrucIng
ssions recipient) show vendor or entertainment vendor My
valid Certificate of Authority Number
-1
a New York State temporary vendor
y va
er icate o
utnority Number is
and expires on
I ani*urchasing:
A
Tangible personal property !other than motor fuel or diesel motor fuel'
•
for resale it its present form or for resale as a phySiCal component part of tangible personal properly,
•
foe use in performing taxable services where the property win become a physical component part of the property upon Much
the servces will be performed or the property will actually be transferred to the purchaser of the taxable service in
coniunction with the performance of the service or
B El A service for resale inducting 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 oe registered as a New York State sales tax vendor I am registered to collect sales
tax or value aoded fax (VAT(
the following state/jurisdiction
and have
been issued the following registration number
i It sales tax or VAT registration is not
required and a registraion 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 rather than motor fuel or diesel motor fuel; for resale and q rs being delivered directly by the seller to
my customer or to an unaffiliated fulftIlment services provider in New York State
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 th.s 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
mysell 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
Mane type or print
Pie sales tax leilaffida0n
Sheet
C ty
Substantial penalties will result from misuse of this certificate.
EFTA_R1_0 1247747
EFTA02326462
ST-120 ;6,99) rbacki
Instructions For Use of Resale Certificates
Form ST-120. Pesaro Gerttheate is a SalOS •ax exempt on
certificate This certificate is only for use by a purchaser who:
A -
registered as a New York Stale sales tax vendor and has a
veld Certificate of Authority issued by the Tax Department
and is making purchases of tangible personal property (other
than motor fuel or diesel motor fueli or services that will be
resold or transferred to the purchasers customers or
8
is not 'soured to be registered with the New York State Tax
Department
• 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
for sales tax or VAT purposes. and
:s purchasing items for resale that will be either
1) delivered by the seller to tne purchasers customer or to
an unaffiliated fulfillment service provider located in New
York State. or
2: delivered to the purchaser in New York State but resold
frorr a business located outside the state
Note: For purposes of 1i above delivery by the selle•
if-crudes delivery h the sellers own vehicle or by common
carrier regardless of who arranges tor the transportation
If among other things a purchaser has any pace of business
or sa espeope in New York Stale or owns or leases tangible
personal property in the State the purchaser is required to be
registered in New York Stale If you need help determining if
you are required to register because you engage in Some other
activity in the State contact tne Department (see the Need
Help section) However a purchaser who is not otherwise
required to be registered :n New York may purchase fulfillment
services from an unaffiliated New York ',Ailment Service
provider and have its tangible personal property located on the
premises o' the provider without being required to be registered
in New York State
lf you meet the registration requirements and engage in business
activities in New York State without possessing a valid Certificate
of Authority you will be subject to penalty of up 10 $500 'or the
first day on whcn you make a sale or purchase and up to 9200
for each additional day up to a maximum of $10.000
Limitations on use
Contractors cannot use this certificate They must either
• issue Form S1-120 1 Contractors Exempt Purchase Certificate
it the tang bre personal property being purchased qualities for
exemption as specified by the certificate. or
e issue Form AU-297 Direct Payment Permit or
e pay sales tax at the time of purchase
Contractors are entitled to a refund or credit of sales tax paid on
materiaS used n repairing servicing or maintaining real property
if the materials are transferred to the purchaser of the taxable
service n conjunction w th the performance Of the service For
additional information see Publication 862 Sales and Use Tax
Classifications of Capital Improvements and Repairs to Real
Property
To the Purchaser
Cnter alt the information reouested on the front of this form
You may check the Bianket certificate box to cover ail purchases
of the same general type of property or service purchased for
resale If you do not check the Blanket certificate box the
certificate win be deemed a Srnore.use certrlicate Temporary
vendors may not issue a blanket certificate A temporary vendor s
a vendor !other than a show or entertainment vendor, who. in no
more than two consecutive quarters in any 12-month period.
makeS sales of tangible personal property or services that are
subject to tax
This certificate does not exempt prepaid sales tax or ogarenes
This certificate may not be used to purchase motor fuel or diesel
motor fuel
II you intentionally issue a fraudulent exemption certificate you moil
become liable lor penalties and interest in addition to the sales
tax initially due Some penalties that may apply
• 100°. of the tax due
• S60 for each fraudulent exemption certificate issued
• a misdemeanor penalty consisting of fines nor to exceed
$10000 for an ndividual or 920 000 for a corporation
• loss of your Certificate of Authority
To the Seller
If you are a New York Slate registered vendor and accept an
exemption document you vial be protected from liability for the
tax if the certificate is valid
The certificate will be considered va id d it was
• accepted in good faith
• in the vendors possession within 90 days of the transaction and
e properly Completed iall required entries were Made;
A certificate is accepted in good faith when a setter has no
knowledge that the exemption certificate is false or is fraudulently
given and reasonable ordinary due care is exercised in the
acceptance of the certificate
You must get a proper), completed exemption certificate Irom your
customer no later than 90 days after the delivery of the property
or the performance of the Service When you receive a certificate
after the 90 days both you and the purchaser are Sullied to the
burden of proving that the sale was exempt and additional
documentation may be required An exemption certificate received
on time that is not properly completed will be considered
satisfactory if the deficiency IS corrected within a reasonable
period YOU must also maintain a method of associating an invoice
,or other source document' for an exempt sale made to a
customer with the exemption certificate you have on file from that
customer
Invalid exemption certificates - Sales transactions which are not
supported by valid exemption certificates are deemed to be
taxable retail sales The burden of prod that the tax was not
required to be collected is upon the seller
Retention of exemption certificates You must keep this
certificate for at least three yews after the due date of the
return to which it relates or the date the return was filed it later
EZ
I Need Help?
Tax intormation 1 800 972-'233
Forms and publications 1 800 462.8100
prom outside the US and outside Canada 918i 486-6800
Fax-on-demand forms 1 800 748.3676
Internet access http /Mimi/tax state ny us
Hearing and speech .mpaired 1 800 634-2110
EFTA_R1_01247748
EFTA02326463
Technical Artifacts (6)
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Phone
1 800 462.8100Phone
1 800 634-2110Phone
1 800 748.3676Phone
2326462Phone
2326463Phone
486-6800Forum Discussions
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