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Page 2 of 2 ST-125 (6/18)
Instructions
New To the seller
X in this box When making purchases that qualify for exemption from
for purchases of drugs or medicine that will be used by sales and use tax, the purchaser must provide you with
a person (including a veterinarian performing veterinary thisexemptioncertificatewithallentriescompletedto
services) on livestock or poultry used in farm production. establish the right to the exemption.
not valid for purchases of drugs or medicine
As a New York State registered vendor, you may accept
made before June 1, 2018, and the purchaser must use
anexemptioncertificateinlieuofcollectingtaxandbe
AU-1Application for Credit or Refund of Sales protectedfromliabilityforthetaxifthecertificateisvalid.
and Use Tax, to request a refund or credit of any sales Thecertificatewillbeconsideredvalidifitis:
TSB-M-18(1)SSummary of Sales and Use Tax • acceptedingoodfaith;
Changes Enacted in the 2018-2019 Budget Bill. • inyourpossessionwithin90daysofthetransaction;
and
Definitions • properlycompleted(allrequiredentriesweremade).
Farm production means the production of tangible
personal property for sale by farming. Farming includes Anexemptioncertificateisacceptedingoodfaithwhenyou
agriculture, horticulture, viniculture, viticulture, havenoknowledgethattheexemptioncertificateisfalseor
aquaculture,silviculture,orfloriculture;stock,dairy, is fraudulently given, and you exercise reasonable ordinary
poultry, fruit, vegetable, fur bearing animal, graping, due care. If you do not receive a properly completed
truck,andtreefarming;ranching; operating nurseries, certificatewithin90daysafterthedeliveryoftheproperty
greenhouses, vineyard trellises, or other similar structures or service, you will share with the purchaser the burden of
used primarily for the raising of agricultural, horticultural, proving the sale was exempt.
vinicultural,viticultural,silvicultural,orfloricultural Failuretocollectsalesorusetax,asaresultofaccepting
commodities;operatingorchards;raising,growing,and animproperlycompletedexemptioncertificateorreceiving
harvestingcrops,livestock,andlivestockproducts;and thecertificatemorethan90daysafterthesale,willmake
raising, growing, and harvesting woodland products, you personally liable for the tax plus any penalty and
including but not limited to timber, logs, lumber, pulpwood, interest charges due.
posts,andfirewood.Administrativeactivitiesthatare
predominantly related to farm production are considered Iftheblanketcertificateboxismarked,youmayconsider
tobeactivitiesoffarmproduction.Farmproductionbegins thiscertificatepartofanyorderreceivedfromthe
with the preparation of the soil or other growing medium purchaserduringtheperiodthattheblanketcertificate
and, in the case of animals, from the beginning of the remainsineffect.Ablanketcertificateremainsineffect
life cycle. Production ceases when the product is ready until the purchaser gives you written notice of revocation,
forsaleinitsnaturalstate;forfarmproductsthatwillbe oruntiltheTaxDepartmentnotifiesyouthatthepurchaser
converted into other products, farm production ceases may not make exempt purchases.
when the normal development of the farm product has
reached a stage where it will be processed or converted You must maintain a method of associating an invoice
into a related product. (or other source document) for an exempt sale with the
exemptioncertificateyouhaveonfilefromthepurchaser.
Predominantly means more than 50%, measured, for Youmustkeepthiscertificateatleastthreeyearsafterthe
example, by hours of usage or by miles traveled. due date of your sales tax return to which it relates, or the
Commercial horse boarding operation means an agricultural datethereturnwasfiled,iflater.
enterprise of at least seven acres and boarding at least
10 horses, regardless of ownership, that receives $10,000 Privacy notification
or more in gross receipts annually from fees generated either New York State Law requires all government agencies that
maintainasystemofrecordstoprovidenotificationofthelegal
through the boarding of horses or through the production for authority for any request for personal information, the principal
sale of crops, livestock, and livestock products, or through purpose(s) for which the information is to be collected, and
both such boarding and such production. Under no where it will be maintained. To view this information, visit our
circumstances shall this include an operation whose website, or, if you do not have Internet access, call and request
primary on-site function is horse racing. Publication54, Privacy Notification. See Need help? for the Web
address and telephone number.
Misuse of this certificate
Misuseofthisexemptioncertificatemaysubjectyou
to serious civil and criminal sanctions in addition to the Need help?
payment of any tax and interest due. These include:
Visit our website at
• apenaltyequalto100%ofthetaxdue; www.tax.ny.gov
• getinformationandmanageyourtaxesonline
• a$50penaltyforeachfraudulentexemptioncertificate
issued; • checkfornewonlineservicesandfeatures
• criminalfelonyprosecution,punishablebyasubstantial Telephone assistance
fineandapossiblejailsentence;and
SalesTaxInformation 518-485-2889
• revocationofyour Certificate of Authority, if you
are required to be registered as a vendor. See Toorderformsand 518-457-5431
TSB-M-09(17)S, Amendments that Encourage TextTelephone(TTY)or Dial7-1-1forthe
Compliance with the Tax Law and Enhance the Tax equipment users New York Relay Service
Department’s Enforcement Ability, for more information.
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