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Page 2 of 2 ST-121.2 (9/16) Instructions
To the purchaser Exemption of free gifts
If you are purchasing promotional materials, or services relating to Free gifts are not exempt promotional materials unless one of the
promotional materials, you must complete this form and give it to the following applies:
vendor to certify the percentage of the purchase that is exempt from • they are shipped out of state, or
sales tax. Promotional materials include any advertising literature
such as catalogs and brochures, and related tangible personal • they are printed materials or promotional materials upon which
property (for example, annual reports, complimentary maps, other producing, fabricating, processing, printing, or imprinting services
free gifts, applications, and order forms), and the envelopes used have been directly performed and the purchaser of the gifts
exclusively to deliver the promotional materials. Account statements, mails or ships them, or causes them to be mailed or shipped, to
invoices, or the envelopes used to deliver them are not promotional its customers or prospective customers, without charge to such
materials. customers or prospective customers, by means of a common
carrier, United States Postal Service, or like delivery service.
Purchaser’s sales tax vendor ID number
To the vendor
If you are registered with the Tax Department for sales tax purposes,
you must enter your sales tax identification number on this form. If The purchaser must give you Form ST-121.2 with all required
you are not required to be registered, enter N/A. entries completed no later than 90 days after delivery of the property
or services sold, or the sale will be deemed to have been taxable
at the time of the transaction. If you receive the certificate after 90
Percentage days, both you and the purchaser assume the burden of proving the
Enter the percentage of the purchase that qualifies as tax exempt sale was exempt, and we may require additional substantiation.
for each category of exempt promotional materials and services you
are purchasing. If you estimate too high a percentage as exempt, In addition, if you fail to collect tax as a result of accepting an
you must pay tax on the portion that turns out to be taxable. If you improperly completed Form ST-121.2, you become personally liable
marked an Xin the Blanket certificate box ,you should periodically for the tax, plus any penalty and interest due, unless the certificate
review the percentage(s). If any percentage changes, you must is corrected within a reasonable period of time or you otherwise
issue a new blanket certificate. The new blanket certificate covers prove that the transaction was not subject to tax. You must keep
subsequent purchases, and remains in effect until the percentages any exemption certificate you receive for at least three years after
change again and you issue a newer certificate. the due date of the last tax return to which it relates, or the date
the return is filed, if later. You must also maintain a method of
If you cannot, in good faith, determine the exempt percentage, you associating an exempt sale made to a particular customer with the
must pay tax at the time of purchase and request a refund. exemption certificate you have on file for that customer.
If the Blanket certificate box is marked, you may consider this
Part 1 – Purchases of promotional materials certificate part of any order received from the purchaser during the
Printed promotional materials include any printed materials such period that the blanket certificate remains in effect. However, each
as catalogs, literature, and related tangible personal property (such subsequent sales slip or purchase invoice based on this blanket
as complimentary maps, applications, and order forms), and the certificate must show the purchaser’s name and address and,
envelopes used exclusively to deliver the promotional materials. if applicable, the NYS sales tax ID number. A blanket certificate
remains in effect until the purchaser gives you written notice of
Part 2 – Purchases of services to exempt revocation, or you have knowledge that the certificate is false or was
promotional materials fraudulently presented, or until the Tax Department notifies you that
Other purchases exempt from sales tax include information services the purchaser may no longer make exempt purchases.
relating to mailing lists, and producing, fabricating, processing,
printing, or imprinting services relating to mailing lists or when Privacy notification
performed on or in conjunction with exempt promotional materials New York State Law requires all government agencies that maintain
(including merging names, labeling envelopes, and similar services). a system of records to provide notification of the legal authority
for any request, the principal purpose(s) for which the information
is to be collected, and where it will be maintained. To view this
Part 3 – Purchases of the service of storing exempt information, visit our website, or, if you do not have Internet access,
promotional materials call and request Publication 54, Privacy Notification. See Need
The purchaser of promotional materials exempt as described in help? for the Web address and telephone number.
Part 1, A orB, may also purchase certain storage charges exempt
from tax if the charges are for storing exempt promotional materials
and the storage is provided by the same vendor who sold the Need help?
exempt printed promotional materials, or by the same vendor who
rendered exempt services to the promotional materials, as described Visit our website at www.tax.ny.gov
in Part 2, D or E. Storage of other promotional materials is taxable. • get information and manage your taxes online
• check for new online services and features
Part 4 – Purchases of mechanicals, layouts,
artwork, etc. Telephone assistance
Paper, ink, artwork, mechanicals, and other supplies that you
purchase and furnish to the printer are exempt if the printer uses Sales Tax Information Center: (518) 485-2889
them to produce and sell to you promotional materials exempt under To order forms and publications: (518) 457-5431
Part 1, A or B.
Text Telephone (TTY) Hotline (for persons with
For more information on the production and use of promotional hearing and speech disabilities using a TTY): (518) 485-5082
materials, see Tax Bulletin, Promotional Materials - Exemption
Form ST-121.2 (TB-ST-692). Persons with disabilities: In compliance with the
Americans with Disabilities Act, we will ensure that our
lobbies, offices, meeting rooms, and other facilities are
accessible to persons with disabilities. If you have questions
about special accommodations for persons with disabilities, call the
information center.
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