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Publication 223

Questions and Answers Concerning 

Tax Law Section 5-a

 (as amended, effective April 26, 2006)

Contractor, Affiliate and Subcontractor 

Sales and Compensating Use Tax 

Certification

                                        Pub 223 (12/09)



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Publication 223 (12/09)

            Note:Although accurate, some of the definitions given in this publication have been simplified. If there is any 
            discrepancy between the definitions of the terms in this publication and applicable New York law or regulations, 
            then the law and regulations will govern.
 1)  Q:     What does Tax Law section 5-a require?
  A:        The statute requires certain contractors awarded certain state contracts valued at more than $100,000 to certify to the Tax 
            Department that they are registered to collect New York State and local sales and compensating use taxes, if they made 
            sales delivered by any means to locations within New York State of tangible personal property or taxable services having a 
            cumulative value in excess of $300,000, measured over a specified period. In addition, contractors must certify to the Tax 
            Department that each affiliate and subcontractor of such contractor exceeding such sales threshold during a specified period 
            is registered to collect New York State and local sales and compensating use taxes. Contractors must also certify to the 
            procuring state entity that they filed the certification with the Tax Department and that it is correct and complete.
2)   Q:   What is the purpose of section 5-a? 
      TheA:statute’s aim is to ensure that contractors do not get state work unless they, their affiliates and their subcontractors are, 
            when required by section 5-a, registered to collect New York State and local sales and compensating use taxes. Included 
            within the statute’s scope are out-of-state businesses making sales of more than $300,000 into New York but having no 
            physical presence in the state. Other businesses, if affiliated with, or subcontractors of, a bidder for a state contract, would 
            similarly have to consent to registration as a condition of the contractor’s obtaining state work, providing the affiliate’s or 
            subcontractor’s sales exceed the $300,000 sales threshold. 
3)   Q:   Under what circumstances does section 5-a apply?
      AA:contract is covered by section 5-a if: 
    i.      The procuring entity is a covered agency within the meaning of the statute (see Q & A 5);
    ii.     The contractor is a contractor within the meaning of the statute (see Q & A 6); and 
    iii.  The contract is a contract within the meaning of the statute. This is the case when it (a) has a value in excess of $100,000, 
            and (b) is a contract for commodities  orservices , as such terms are defined for purposes of the statute (see Q & A 8 and 9).
            Furthermore, the procuring entity must have begun the solicitation to purchase on or after January 1, 2005, and the resulting 
            contract must have been awarded, amended, extended, renewed, or assigned on or after April 26, 2006 (the effective date of 
            the section 5-a amendments).
            If all of the above criteria are met, amended section 5-a is applicable and, as general matter, two certifications 
            (Forms ST-220-CA and ST-220-TD) are required to be filed. These forms are available at www.nystax.gov.
            If any of the above criteria are not met, amended section 5-a is not applicable and no certifications (no forms) are required to 
            be filed.
4)  Q:   Are any contracts expressly exempted from application of section 5-a?
      Yes.A:A contract will be exempted from application of section 5-a if the procuring covered agency and OSC, or other contract 
            reviewer if OSC is not required to approve the contract, find in writing that the contract is necessary to: 
           (a) address an emergency, within the meaning of Article 11 of the State Finance Law; or1
           (b) ensure the public health, safety, or welfare when an urgent event with a compelling public purpose arises.
           In addition, the agency’s and contract reviewer’s written finding must explain the reasons supporting the determination.
5)  Q:      What governmental entities are covered agencies for purposes of Tax Law section 5-a?
  A:        Tax Law section 5-a defines a covered agency to mean:
   sA           state agency for purposes of Article 11 of the New York State Finance Law; or
         s                                                              VERNOR
           For purposes of Article 11 of the New York State Finance Law, the term state agency includes all state departments, boards, 
            commissions, offices or institutions. As such, the Department of Law, Office of the State Comptroller and the Education 
            Department are included. Local government entities are not covered agencies for purposes of section 5-a.

            1   An emergency within the meaning of the State Finance Law is “an urgent and unexpected requirement where health and 
            public safety or the conservation of public resources is at risk.”
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6)  Q:   Who is a contractor for purposes of section 5-a?
      TheA: statute defines a   contractor as a person awarded a contractby    a covered agency. The term person is defined as an 
            individual, partnership, limited liability company, society, association, joint stock company or corporation. 
     The term person does not include a public corporation or an education corporation, as such terms are defined in section 66 
            9W                                                             V
            accordance with Article 11-B of the New York State Finance Law, a board of cooperative educational services created 
            pursuant to Article 40 of the New York State Education Law, or a soil and water conservation district created pursuant to 
            section 5 of the New York State Soil and Water Conservation Districts Law.
            9
         s            public corporation includes a municipal corporation, a district corporation and a public benefit corporation. 
   s!             municipal corporation includes a county, city, town, village and school district. 
   s!             district corporation includes any territorial division of the state, other than a municipal corporation, established by law, 
             which possesses the power to contract indebtedness and levy taxes or benefit assessments upon real estate or to require the 
             levy of such taxes or assessments, whether or not such territorial division is expressly declared to be a body corporate and 
             politic by the statute creating or authorizing the creation of such territorial division.
   s!             public benefit corporation is a corporation organized to construct or operate a public improvement wholly or partly 
             within the state, the profits from which inure to the benefit of New York State or other states, or to the people thereof.
         s 9                                                               9W                                               education 
             corporation means a corporation
             — chartered or incorporated by the Board of Regents of the University of the State of New York or otherwise formed 
                    under the New York State Education Law, or
             — formed by a special act of New York State with its principal purpose an education purpose and which is a member of 
                    the University of the State of New York, or 
             — formed under laws other than the statutes of New York State which, if it were to be formed currently under the laws 
                    of New York State, might be chartered by the Board of Regents of the University of the State of New York, and 
                    which has been authorized to conduct its activities in this state by the Regents or as an authorized foreign education 
                    corporation with the consent of the New York State Commissioner of Education.
7)  Q:   When does award of a contract occur for purposes of section 5-a?
      AA:contract is awarded when the procuring covered agency notifies a person either orally or in writing that the person has 
            been selected to provide the commodities or perform the services being procured. The certifications required by section 5-a 
            are only required to be filed by the person awarded a contract. 
8)   Q:     What contracts let by covered agencies are subject to section 5-a?
  A:        The statute defines the term contract as an agreement between a contractor and a covered agency for the purchase by the 
            covered agency, pursuant to Article 11 of the New York State Finance Law, of commodities or services having a value in 
            excess of $100,000. The statute also expressly includes within the definition of contract centralized contracts with values in 
            excess of $100,000.
           The definition of contract in section 5-a is broad enough to include, but is not limited to, the following types of contracts:
         s
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            Definitions
            The term commodities has the meaning given by Article 11 of the New York State Finance Law, and includes (other than 
            with respect to contracts for state printing) material goods, supplies, products, construction items, or other standard articles 
            of commerce, other than technology, which are the subject of any purchase or other exchange. 
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            The term services has the meaning given by Article 11 of the New York State Finance Law. Services means (other than with 
            respect to contracts for state printing) the performance of a task or tasks, and may include a material good or a quantity 
            of material goods, and which is the subject of any purchase or other exchange. For Article 11 purposes, services includes 
            technology.2The term services does not apply to contracts for architectural, engineering or surveying services, or to 
            contracts with not-for-profit organizations approved in accordance with Article 11-B of the New York State Finance Law.
9)   Q:     Is a contract for information technology (IT) services subject to Tax Law Section 5-a?
  A:        Yes, assuming the criteria identified in Q & A 3 are met. When an IT service contract is awarded to a contractor, the 
            section 5-a certifications must be made on Forms ST-220-CA and ST-220-TD irrespective as to whether the contractor is 
            providing (1) only custom software, (2) only hardware and pre written off-the-shelf software, or (3) a combination of (1) 
            and (2). 
            On Form ST-220-TD, a certification is made by the contractor as to whether the contractor, an affiliate(s) and/or 
            subcontractor(s) made sales in New York State of tangible personal property (TPP) or taxable services, as set forth under 
            the Tax Lax, that exceeded $300,000 over a certain look-back test period. If such sales threshold is met, then a certification 
            is made that the contractor, affiliate(s) and/or subcontractor(s) is (are) registered to collect sales tax in New York. If the 
            threshold is not met, then the contractor marks the box on Form ST-220-TD indicating that fact. 
            Pre written computer software (including software delivered electronically) and computer hardware constitute TPP for 
            sales tax purposes, and therefore, are counted towards the $300,000 New York sales threshold. In contrast, custom software 
            (which is computer software designed to the specifications of a specific purchaser) is neither TPP nor a taxable service. 
            Thus, the amount of sales derived from custom software is not counted towards this $300,000 sales tax threshold. 
            Example:
            A contractor made sales in New York State valued at $1,000,000 during the test period specified in section 5-a of only 
            custom software, which is neither TPP nor a taxable service. Under such circumstances the contractor would certify on 
            Form ST-220-TD that it did not meet the $300,000 sales threshold by marking the bottom box in Section 1 of the form. 
            Although total sales exceeded $300,000, custom software does not fit the criteria of being TPP or taxable services and 
            cannot be counted toward the $300,000 sales threshold.
            However, if the contractor also made sales of pre-written computer software (TPP) in the amount of $500,000 during 
            the same look-back test period, then the contractor must certify that it was registered to collect sales tax in New York. 
            Accordingly, the contractor must mark the first box in Section 1 on Form ST-220-TD. 
            Under both scenarios above, the contractor must also certify to the procuring agency on Form ST-220-CA that it also filed 
            Form ST-220-TD with the Tax Department.
10)  Q:   What contract types are excluded from the definition of contract under section 5-a?
      TheA: following are not included within the definition of  contract in section 5-a:
         s
         s
         s REV
         s INTERGOV
         s                                                            9W
11)  Q:   Is the more than $100,000 threshold determined based on total contract value, or on an annualized basis?
      TheA: more than $100,000 threshold is determined based on the value (estimated, if necessary) of the contract over its full          
         term, excluding possible renewal terms.
            Also, multiple purchases of commodities or services by a covered agency from the same contractor during a state fiscal year 
            are not to be aggregated for purposes of determining whether the more than $100,000 threshold has been met. 

            2  The term technology is defined by Article 11 of the New York State Finance Law as either a good or a service or 
            a combination of the two, that results in a technical method of achieving a practical purpose or in improvements in 
            PRODUCTIVITY

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12)  Q:   If a contract is not let pursuant to Article 11 of the State Finance Law, is it subject to section 5-a?
      ContractsA: not let pursuant to Article 11 of the State Finance Law are  not subject to section 5-a.
13)  Q:   Does Tax Law section 5-a apply to an agency accessing a centralized contract through issuance of a purchase order?
      AssumingA:  all criteria identified in Q&A 3 are met, Tax Law section 5-a applies to award of the centralized contract and not 
           to covered agency access to the centralized contract through issuance of a purchase order. However, the requirements of Tax 
           Law section 5-a do apply to covered agency purchases using all-copy purchase orders. For information regarding all-copy 
           purchase orders, contact the Office of the State Comptroller, Bureau of Contracts at (518) 474-4622.
14) Q:     Is a mini-bid contract, which is let by a covered agency from a backdrop contract, subject to Tax Law Section 5-a?
  A:       No. A backdrop contract is one in which a procuring agency selects a pool of qualified vendors that are deemed eligible to 
           bid on a procurement via a mini-bid. A mini-bid is an abbreviated process during which contract users solicit final pricing 
           from the pool of pre-selected back-drop contractors. 
           A state agency backdrop procurement is deemed awarded to a contractor at the point in time when the vendor is selected to 
           be included in the pool of contractors eligible to participate in a mini-bid process. In view of that, a contractor is required 
           to submit the Tax Law section 5-a forms when selected as a backdrop vendor by a state agency. During a mini-bid process, 
           additional section 5-a certifications by a backdrop contractor are not required unless there are changes necessitating a new 
           filing. For instance, if during a mini bid, a contractor hires a new subcontractor which was not previously reported on its 
           Form ST-220-TD, then the contractor should report the new subcontractor by filing of a new Form ST-220-TD (assuming the 
           subcontractor meets the more than $300,000 sales in New York State threshold).
 15)  Q:   Who is an affiliate for purposes of Tax Law section 5-a?
  A:       Section 5-a defines an affiliate as a person which directly, indirectly or constructively controls another person; is 
         controlled by another person; or is, along with another person, under the control of a common parent. Control means                
           possession of the power to direct, or cause the direction of, the management and policies of another person. Determining 
           whether control exists is a factual inquiry to be based upon the circumstances in each case. Responsibility for determining 
           whether a person is an affiliate rests with the contractor. 
16)  Q:   Who is a subcontractor for purposes of Tax Law section 5-a?
  A:       A subcontractor is a person engaged by a contractor or another subcontractor to perform a portion of the contractor’s            
          obligations under a contract. 
 17)  Q:   Which contractors, affiliates and subcontractors must be certified as registered to collect New York State and local sales and   
          compensating use taxes pursuant to section 5-a prior to a contract taking effect?
  A:       Those contractors, affiliates and subcontractors making sales delivered by any means to locations within New York State  
           of tangible personal property or taxable services having a value in excess of $300,000 during a specified period must be 
           certified as registered to collect New York State and local sales and compensating use taxes. 
           All sales of tangible personal property or taxable services within New York State during the specified period (not merely 
           sales to covered agencies) are taken into account in determining whether the more than $300,000 cumulative sales threshold 
           has been met. This also includes the amount of any sales made which are exempt from sales tax (see Q & A 20).
18)  Q:    Over what period must the more than $300,000 cumulative sales threshold occur so as to require a contractor, affiliate, 
           or subcontractor to be certified under Tax Law section 5-a as registered with the Tax Department to collect sales and 
           compensating use taxes?
      TheA:registration requirement applies if the person made a cumulative total of more than $300,000 in sales in New York State 
           during the four completed sales tax quarters which immediately precede the sales tax quarter in which the certification is 
           made. Sales tax quarters are June-August, September-November, December-February and March-May. 
          If a person has not closed its books for the sales tax quarter immediately preceding the sales tax quarter in which the  
           certification is being made, such person should use its sales information from the four most recent sales tax quarters for 
           which such information is available to determine whether the more than $300,000 cumulative sales threshold has been met.

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       Application of the above rule is illustrated by the following example:
     Example: Contractor A is awarded a $150,000 contract by covered agency B in June, 2006. Contractor A would 
          determine whether the more than $300,000 threshold was met by examining its sales of tangible personal property 
          or taxable services within New York State during the June, 2005-August, 2005; September, 2005-November, 2005, 
          December, 2005-February, 2006 and March, 2006-May, 2006 sales tax quarters. If Contractor A has not completed its 
          accounting for the March, 2006-May, 2006 sales tax quarter, then it should, in lieu of that sales tax quarter, use data from 
          the March, 2005-May, 2005 sales tax quarter.
19)  Q:   How are the terms sale,tangible personal property and taxable services defined for purposes of determining whether the           
       more than $300,000 cumulative sales threshold has been met?
     A:   Sale has the meaning given for New York State and local sales and compensating use tax law purposes, and includes               
          any transfer of title or possession or both, exchange or barter, rental, lease or license to use or consume (including, with 
          respect to computer software, the right to reproduce), conditional or otherwise, in any manner or by any means whatsoever 
          for a consideration, or any agreement therefor.
          Tangible personal property has the meaning given for New York State and local sales and compensating use tax purposes. 
          For such purposes,the termmeans corporeal personal property of any nature having a material existence and perceptible to 
          the human senses. Tangible personal propertyincludes, but is not limited to: 
       s RA
       s MANUF                                                      WELRY
           equipment, parts, tools, supplies, clothing, motor vehicles, appliances, boats, yachts, lighting fixtures, building materials; 
       s                                                               SOFTW
       s                                                           MO
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       s ATER
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          Tangible personal property does not include real property or intangible personal property.
          Taxable services means services, the receipts from the sale of which are taxable for New York State and local sales and         
          compensating use tax purposes. Theterm  includes those services specifically enumerated in New York State and local sales 
          and compensating use tax law as taxable. Taxableservices are determined without regard to exemptions provided for in the 
          sales and compensating use tax law. The termincludes, but is not limited to:
       s PRO
           any other manner, including the services of collecting, compiling or analyzing information of any kind or nature and 
           furnishing reports thereof to other persons; 
       s
           not purchase the tangible personal property for resale;
       s
           sale by the purchaser of the service; 
       s
       s
       s PRO
       s
       s PROTECTIVV
       s                                                               GRAPHY

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20) Q:   Are exempt sales taken into account in determining whether the more than $300,000 sales threshold of section 5-a is met? 
      Yes.A:In determining whether more than $300,000 in sales of tangible personal property or taxable services were made  
            during the specified period, contractors must count exempt sales of tangible personal property or taxable services. 
            Contractors should determine whether sales are of tangible personal property or taxable services with reference to 
            Articles 28 and 29 of the New York State Tax Law, disregarding relevant exemptions provided for therein, including, but not 
            limited to, the exemption for sales to exempt organizations.
     Example:
          During the four specified sales tax quarterly periods, an out-of-state contractor made $400,000 in sales of tangible personal 
            property into New York State. The entire $400,000 in sales during such periods was made to exempt state agencies. The 
            contractor has exceeded the $300,000 threshold and must be certified as registered for New York State and local sales and 
            compensating use tax purposes. 
21) Q:  Who is responsible for making the certifications required by section 5-a?
      TheA:contractor is responsible for making the certifications required by the statute. The contractor’s certification must include 
            whether its affiliates and/or subcontactors whose sales exceeded the $300,000 threshold during the specified period, are 
            registered for New York State sales and compensating use tax purposes. The contractor’s certification must be made to the 
            best of its knowledge.
22)  Q:   How does a contractor make the certifications required by the statute?
      TheA:contractor must file a properly completed Form ST-220-CA (with the procuring covered agency) and Form ST-220-TD    
          (with the Tax Department). The covered agency must include Form ST-220-CA in the procurement record for the contract.
            These requirements must be met before a contract may take effect.
            Renewals: In addition, after a contract has taken effect, a Form ST-220-CA must be filed again with a covered agency if 
            a contract, which by its terms may be renewed, is being renewed. In this case, the Form ST-220-CA must be filed with the 
            contracting covered agency prior to the commencement date of the renewal term(s). In addition, a new Form ST-220-TD 
            may be required to be filed with the Tax Department. A new Form ST-220-TD would be required to be filed with the Tax 
            Department if no previous Form ST-220-TD has been filed by the contractor with the Tax Department or, if a previously filed 
            Form ST-220-TD is no longer correct and complete. 
            Example:
            Contractor A is awarded a contract by Covered Agency B. The contract is Contractor A’s first with a covered agency, 
            and is subject to the requirements of section 5-a. Contractor A has one affiliate and one subcontractor, and all three 
            entities exceeded the $300,000 threshold during the specified period. Contractor A must file Form ST-220-TD with the 
            Tax Department, certifying that all three entities are registered for New York State and local sales and compensating use 
            tax purposes. In addition, Contractor A must file Form ST-220-CA with Covered Agency B, certifying that it has filed 
            Form ST-220-TD with the Tax Department, and that it is correct and complete.
            During the term of its contract with Covered Agency B, Contractor A acquires two new affiliates and one additional 
            subcontractor. One of the affiliates, as well as the subcontractor, exceeded the $300,000 threshold during the specified 
            sales tax quarters. Contractor A must, as soon as possible after learning of the changed circumstances, file a new 
            Form ST-220-TD with the Tax Department, certifying that the affiliate and the subcontractor exceeding the $300,000 
            threshold are registered for New York State and local sales and compensating use tax purposes. If Contractor A does not file 
            the new Form ST-220-TD with the Tax Department, then the consequences specified in Q&A 31 below could apply. 
            Contractor A’s contract with Covered Agency B provides that the contract may be renewed for one additional two-year term, 
            at the option of the parties. The parties agree to renew the contract. Thus, Contractor A must, prior to the commencement 
            date of the renewal term, file a new Form ST-220-CA with Covered Agency B certifying that it has filed Form ST-220-TD with 
            the Tax Department, and that it is correct and complete. If Contractor A cannot make such certification to Covered Agency B 
            because information shown on the current Form ST-220-TD filed with the Tax Department is not correct and complete, then 
            it must immediately file a new Form ST-220-TD with the Tax Department reflecting current information. Contractor A must 
            then file Form ST-220-CA with Covered Agency B before the commencement date of the renewal term.
            Following commencement of Contractor A’s renewal term with Covered Agency B, Contractor A is awarded a new contract 
            by Covered Agency C. The new contract is covered by section 5-a. If the information shown on Contractor A’s last filed 

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            Form ST-220-TD is correct and complete, it need not file a new Form ST-220-TD with the Tax Department. However, 
            Contractor A must file Form ST-220-CA with Covered Agency C certifying that it has previously filed Form ST-220-TD with 
            the Tax Department, and that it is correct and complete as of the date of the new certification (Form ST-220-CA) filing with 
            Covered Agency C.
23)  Q:   If the contractor filed Form ST-220 prior to amendment of section 5-a on April 26, 2006, and the contract has, since   
            April 26, 2006, been amended, extended, renewed or assigned, must a Form ST-220-TD be filed with the Tax Department?
      Yes,A:if the contract meets the criteria set forth in Q & A 3.
24)  Q:   Must Form ST-220-TD be filed with the Tax Department if the contractor filed Form ST-220 prior to amendment of                      
            section 5-a on April 26, 2006, and the contractor is then awarded another contract after that date?
      Yes,A:if the contract meets the criteria set forth in Q & A 3.
25)  Q:   When is a contractor, affiliate or subcontractor required to be listed in Schedule A of Form ST-220-TD? 
      AA:contractor, affiliate or subcontractor is required to be listed in Schedule A of Form ST-220-TD when such contractor, 
            affiliate or subcontractor has exceeded the more than $300,000 cumulative sales threshold during the specified period as 
            discussed in Q & A 18.
26) Q:      When is a contractor who previously filed Form ST-220-TD with the Tax Department required to file a new Form ST-220-
            TD certification with the Tax Department?
      IfA:a contractor or an affiliate or subcontractor, is not registered with the Tax Department for sales and compensating use tax 
            purposes on the contractor’s original certification, and such contractor, affiliate, or subcontractor makes sales delivered by 
            any means to locations within New York State of tangible personal property or taxable services having a value in excess of 
            $300,000 during any consecutive four sales tax quarters which follow the sales tax quarter in which the contractor’s original 
            certification was made, then the contractor shall, as soon as possible after such occurrence, file a new Form ST-220-TD with 
            the Tax Department certifying that it, and/or its affiliates and/or subcontractors, as applicable, are registered for sales and 
            compensating use tax purposes.
27)  Q:     If a contractor, affiliate orsubcontractor is required by section 5-a to be registered with the Tax Department to collect New 
            York State and local sales and compensating use taxes, and such person is not registered, what must such person do to 
            register?
  A:        The contractor, affiliate or subcontractor must complete Form DTF-17, Application to Register for a Sales Tax Certificate 
            of Authority to register. Upon registration, the Tax Department will issue a certificate of authority, which authorizes the 
            recipient to collect New York State and local sales and compensating use taxes. Form DTF-17 is available on the Tax 
            Department’s Web site, www.nystax.gov, or may be obtained by calling the Sales Tax Information Center at 518-485-2889 
            (in-state callers without free long distance call 1-800-698-2909). For additional information regarding registration, see 
            Publication 750, A Guide to Sales Tax in New YorkState      .
28)  Q:   If a contractor, affiliate or subcontractor has submitted Form DTF-17, to register to collect New York State sales and 
            compensating use taxes at the time of filing the certifications required under section 5-a, but has not yet received its 
            certificate of authority from the Tax Department, how should the contractor complete the certifications?
      TheA: contractor should complete the certifications as required. The column on Schedule A asking whether the person listed is 
            in the process of registering should be checked. If there is a problem with the registration (see Tax Law section 1134(a)(4)(B) 
            for reasons why registration may be denied), the Tax Department will notify the applicant.
29) Q:      Who is responsible for signing Forms ST-220-TD and ST-220-CA?
      AnA:individual authorized to sign on behalf of the contractor may execute the certifications. 
30)  Q:   Can Form ST-220-TD be provided to the Tax Department electronically? 
      FormA: ST-220-TD        cannot be provided electronically to the Tax Department at this time. If the Tax Department later 
            determines that electronic submission is feasible, instructions will be issued as to how to electronically sign and file 
            Form ST-220-TD.

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31)  Q:      What are the consequences if Form ST-220-TD and/or Form ST-220-CA are not provided, or if provided, are determined to 
             be false?
  A:         If a contractor fails to make the certifications required by section 5-a, by law, the contract cannot take effect. If during 
             the term of the contract, the Tax Department or the covered agency discovers that a certification is false, then such 
             false certification may subject the contractor to civil or criminal sanctions, and a finding of nonresponsibility for future 
             procurements. Under certain circumstances, the statute provides that the contract shall be subject to termination if the 
             covered agency determines that termination of the contract is in the best interests of New York State.
32)  Q:   What is the effect of registering with the Tax Department to collect New York State and local sales and compensating use 
             taxes?
      OnceA: registered, a person is a vendor within the meaning of New York State and local sales and compensating use tax law, 
             and must file returns and collect and pay, or pay over, tax. Failure to file returns and collect and pay, or pay over, tax will 
             result in imposition of penalty and interest charges.

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