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Page 2 of 2 ST-121.4 (1/12)
Instructions
General Information • a copy of the instructor’s or institution’s list furnished by the student; or
The textbook exemption is only available to a purchaser who: • a properly completed certificate.
• is enrolled as a full- or part-time student at an institution of higher If the purchase was made over the Internet or by mail, in addition to a copy
education, which provides a course of study leading to the granting of a of the list of books or this certificate, you must retain and associate the
post-secondary degree, certificate, or diploma that is: student ID card number and other student ID information (name, address,
– recognized and approved by the Regents of the University of the State and institution information) with the sales record of the transaction. See Tax
of New York, or Bulletin 125 (TB-ST-125), College Textbooks, for more information.
– accredited by another accrediting agency or association that is also If you are a registered New York State vendor and accept an exemption
recognized by the Regents of the University of the State of New York. certificate, you will be protected from liability for the tax if the certificate is
• is purchasing textbooks required or recommended, either by the valid.
instructor or the institution, for a course being taken at an institution of The certificate will be considered valid if it was:
higher education
• accepted in good faith;
An institution of higher education includes colleges and universities,
professional and technical schools, and libraries and museums that conduct • in the seller’s possession within 90 days of the transaction; and
educational programs leading to a post-secondary degree, certificate, or • properly completed.
diploma. An exemption certificate is accepted in good faith when a seller has no
Eligible textbooks include new or used textbooks and related workbooks knowledge that the exemption certificate is false or is fraudulently given,
required or recommended by the course instructor or the institution of higher and reasonable ordinary due care is exercised in the acceptance of the
education for a course taken at the institution. This includes course-packs certificate.
and workbooks required or recommended by the institution or the instructor. You must receive a properly completed exemption certificate from your
This exemption applies whether the textbooks are printed or on CD-ROM, customer no later than 90 days after the delivery of the property. When
DVD, or other optical disc. you receive a certificate after the 90 days, both you and the purchaser are
subject to the burden of proving that the sale was exempt, and additional
To the student documentation may be required. An exemption certificate received on
You must use this certificate only if the seller does not have, and you cannot time that is not properly completed will be considered satisfactory if the
give the seller, a list of required or recommended textbooks for the course deficiency is corrected within a reasonable period. You must also maintain a
you are taking at the institution where you are enrolled. 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
The exemption applies only to textbooks described above. It does not that customer.
apply to other required supplies, notebooks, or books not required or
recommended for a course. Invalid exemption certificates — Sales transactions which are not
supported by valid exemption certificates are deemed to be taxable retail
Student’s identification (ID) number sales. The burden of proof that the tax was not required to be collected is on
You must show the seller at the time of purchase your valid student ID card the seller.
issued by the institution of higher education where you are enrolled as a Retention of exemption certificates — You must keep this certificate for at
full- or part-time student. least three years after the due date of the sales tax return to which it relates,
However, if the institution of higher education where you are enrolled does or the date the return was filed, if later.
not issue student ID cards, enter school does not issue student IDs in
the Student’s ID number box. You must also provide the seller other valid Need help?
evidence of enrollment at an institution of higher education, such as:
• your receipt showing payment to the institution for tuition or for a course Visit our Web site at www.tax.ny.gov
for which the textbooks are required or recommended, the name of the
institution, and your name; • get information and manage your taxes online
• a dated statement from the registrar’s office indicating you are enrolled as • check for new online services and features
a full- or part-time student; or
• any other current documentation indicating your name, the institution’s Telephone assistance
name, and the period of enrollment.
Sales Tax Information Center: (518) 485-2889
If you are purchasing eligible textbooks over the Internet or by mail, you
must provide the seller your name, address, valid student ID number, and To order forms and publications: (518) 457-5431
the name and address of the institution where you are enrolled. Text Telephone (TTY) Hotline (for persons with
hearing and speech disabilities using a TTY): (518) 485-5082
Misuse of this certificate
Misuse of this exemption certificate with the intent to avoid tax may subject Persons with disabilities: In compliance with the
you to serious civil and criminal sanctions in addition to the payment of any Americans with Disabilities Act, we will ensure that our
tax and interest due. These include: lobbies, offices, meeting rooms, and other facilities are
accessible to persons with disabilities. If you have questions
• A penalty equal to 100% of the tax due; about special accommodations for persons with disabilities, call the
• A $50 penalty for each fraudulent exemption certificate issued; and information center.
• Criminal felony prosecution, punishable by a substantial fine and a
possible jail sentence. Privacy notification
The Commissioner of Taxation and Finance may collect and maintain personal
To the seller information pursuant to the New York State Tax Law, including but not limited to, sections 5-a,
You must check the student ID to verify that the purchaser is a student 171, 171-a, 287, 308, 429, 475, 505, 697, 1096, 1142, and 1415 of that Law; and may require
disclosure of social security numbers pursuant to 42 USC 405(c)(2)(C)(i).
currently enrolled at an institution of higher education.
This information will be used to determine and administer tax liabilities and, when authorized
If the institution or course instructor has not provided a list of eligible books, by law, for certain tax offset and exchange of tax information programs as well as for any
you may sell a textbook exempt from tax if the student gives you a properly other lawful purpose.
completed certificate. Information concerning quarterly wages paid to employees is provided to certain state
agencies for purposes of fraud prevention, support enforcement, evaluation of the effectiveness
To substantiate exempt sales to students, you must keep the following: of certain employment and training programs and other purposes authorized by law.
• a copy of the required or recommended list of textbooks furnished by the Failure to provide the required information may subject you to civil or criminal penalties, or
course instructor or institution of higher education; both, under the Tax Law.
This information is maintained by the Manager of Document Management, NYS Tax
Department, W A Harriman Campus, Albany NY 12227; telephone (518) 457-5181.
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