EFTA01129735

Note: See also TP-64, Notice to Taxpayers Requesting Information or Assistance from the Tax Department. The publication you requested begins on page 2 below. EFTA01129735 New York State Publication 750 Department of (6/ID) Taxation and Finance A GUIDE TO SALES TAX IN NEW YORK STATE EFTA01129736 This page intentionally left blank EFTA01129737 Publication 750 (6/10) About this publication This publication is a guide to New York State and local sales and use taxes for businesses that sell taxable tangible personal property, perform taxable services, receive amusement charges, or operate a hotel or motel, and restaurants, taverns, or other establishments that sell food and drink. It is the department's goal that all taxpayers meet their sales tax obligations and pay the correct amount of tax due. If your business makes sales of property or services that are subject to sales tax, it must register for sales tax purposes and obtain a Certificate of Authority. You should thoroughly read all the information contained in this publication so that you become aware of your obligations in regard to sales tax. If you fail to fulfill your obligations under the sales tax law, you could be subject to penalties and/or charged with a crime. Some of these obligations include, but are not limited to: • registering for sales tax purposes and displaying a Certificate of Authority (see page 12, How to obtain your Certificate of Authority); • collecting the proper amount of sales tax from customers (see page 25, Calculating and stating the sales tax); • issuing and accepting properly-completed sales tax exemption certificates (see page 30, Exemption certificates); • maintaining records of sales and purchases in an orderly and adequate manner (see Part III, Record keeping); • filing sales tax returns and remitting any sales tax due in a timely manner as a trustee for the State (see Part IV, Filing your sales tax return); • assuming personal liability for the payment of sales tax by certain responsible persons of a business; and • providing notice to the department 20 days prior to purchasing or acquiring business assets from a sales tax vendor, other than in the ordinary course of business (see Part VI, Purchasing or acquiring a business or its assets: Caution). Publication 900 Important Information for Business Owners, provides additional information on your responsibilities under the sales tax law. Obligation to register for sales tax purposes You are required to register for sales tax purposes with the Tax Department if the sales you make are subject to tax. You must be registered to issue or accept most exemption certificates and documents. The information contained in this publication is intended to help you decide whether or not you are required to register for sales tax purposes. As used in this publication and for purposes of the Tax Department's registration rules, the term vendor includes persons required to collect sales tax on sales and transactions described in Part II, Making sales. Also, when used in this publication, the terms sales, purchases, taxable sales, and taxable purchases, include, but are not limited to, where appropriate, the sale or purchase of the following: tangible personal property, certain services, rentals of hotel and motel rooms, admissions to places of amusement, and dues paid to social or athletic clubs. Note: See page 19, Sales by New York and United States governmental entities and certain exempt organizations, for information relating to sales by governmental entities and certain exempt organizations. 3 EFTA01129738 Publication 750 (6/10) Obligation to collect and remit tax Once you are registered for sales tax purposes, you are responsible for collecting and remitting both state and local sales taxes to the Tax Department, along with any use tax you may owe. If your business is an entity such as a corporation or a partnership, the responsibility for collecting and remitting sales tax extends to the responsible persons of the business. Therefore, certain owners, officers, directors, employees, partners or members (responsible persons) of a business can be held personally liable for the tax due owed by the business. As trustees for the state, a business and its responsible persons have an obligation to remit any sales tax that is due with timely filed sales tax returns. Failure to collect and remit sales tax can result in the imposition of penalties and interest. (See page 36, Filing your sales tax return.) Record keeping You must keep detailed records of every sale, the amount paid, charged, or due on the transaction, and the sales tax that is due, if any. Keeping good records of your business operation will help you prepare accurate and complete sales tax returns. (See Part III for more information on Record keeping and Tax Bulletin Record-Keeping Requirementsfor Sales Tax Vendors (TB-ST-770).) In addition to being required to register for sales tax purposes, you may also be subject to registration, collection, or payment requirements for other taxes. For a more detailed description of these taxes, see Publication 20, New York State Tax Guide For New Businesses. Additional information The department has recently posted new, plain language tax bulletins to its Web site. These web-based bulletins contain basic, easy-to-understand explanations of single subject sales tax topics. There are currently a number of tax bulletins on our Web site covering a variety of sales tax topics, and new bulletins will continue to be added to the department's Web site on a regular basis. The department continues to have available many general and industry-specific sales tax publications, as well as technical service memorandums, that provide additional detailed information on various sales tax topics. You can obtain any tax bulletin, publication, memoranda (TSB-M) or document referenced in this publication by visiting the Tax Department's Web site at ivww.nystax.gov or by contacting us directly. The department's Web site also allows you to receive timely notification of sales tax changes by subscribing to our e-mail subscription service. If you have any questions about sales and use tax, you may contact us by using the information provided in the Need help? section on the back cover of this publication. Note: A Publication is an informational document that addresses a particular topic of interest to taxpayers. Subsequent changes in the law and regulations, judicial decisions, Tax Appeals Tribunal decisions, or changes in Department policies could affect the validity of the information contained in a publication. Publications are updated regularly and are accurate on the date issued. 4 EFTA01129739 Publication 750 (6/10) Table of Contents Page Part I — Registration Who must be registered for sales tax purposes 7 Rules for out-of-state businesses 8 About your Certificate of Authority 9 Types of Certificates of Authority 10 How to obtain your Certificate of Authority 12 Denial of a Certificate of Authority 13 Taxpayers' Bill of Rights 13 New Jersey sales tax agreement 14 Registration rules for farmers 14 Registration rules for contractors 15 Registration rules for manufacturers 15 Part II — Making sales Taxable sales 16 Additional sales taxes and fees you may be required to collect 21 Sales taxes imposed only within New York City 22 Sales taxes imposed by certain school districts 24 Calculating and stating the sales tax 25 Exempt sales 28 Exempt sales — exemption certificate required 30 Exemption certificates 30 Exempt purchasers 31 Taxable business purchases 32 Part III — Record keeping Record-keeping rules 34 Part IV - Filing your sales tax return Filing requirements 36 Completing your sales and use tax return 39 Part V — Show and entertainment promoters Show promoters 40 Entertainment promoters 42 Part VI — Purchasing or acquiring a business or its assets: Caution Bulk sales transactions 44 Appendix — List of common sales tax forms 47 Need help Back cover 5 EFTA01129740 Publication 750 (6/10) 6 EFTA01129741 Publication 750 (6/10) Part I — Registration Who must be registered for sales tax purposes You must be If you will be selling property or services in New York State that are registered for sales subject to sales tax, you may be required to collect the sales tax from the tax purposes with person to whom you make the sale. (The discussion on page 16 under the Tax Department Taxable sales will help you determine whether the sales you make are if you will be selling subject to sales tax.) In general, the sales tax you must collect and remit is tangible personal computed using the combined state and local rate in effect in the locality property or services where you deliver the taxable product or service to the customer. See pages on which you are 25 through 27 of this publication for information on the special rules for the required to collect calculation and collection of tax on sales of motor fuels, alternative fuels, sales tax motor vehicles, and certain boats. If you must collect sales tax on your sales, then you must register for sales tax purposes with the Tax Department and obtain a Certificate of Authority (see page 9 and Tax Bulletin flow to Registerfor New York State Saks Tax (TB-ST-360)). You must also be You must also be registered for sales tax purposes to issue or accept most registered for sales New York State sales tax exemption documents. For example, even though tax purposes to issue wholesalers may never collect sales tax because all of their purchases and or accept most sales are for resale (and, therefore, are eligible for exemption from sales New York State tax), they must still be registered to legally issue and accept most sales tax exemption exemption documents. certificates For additional information on who must be registered for sales tax purposes please see Tax Bulletin Do I Need to Registerfor Sales Tax? (TB-ST-175). If you engage in If you are required to register for sales tax purposes but fail to do so and business without you engage in business without having obtained a valid Certificate of obtaining a valid Authority, you will be subject to a penalty. The penalty is up to $500 for the Certificate of first day business is conducted without having obtained a valid Certificate Authority, you will of Authority, plus up to $200 per day for each day thereafter. The maximum be subject to a penalty for engaging in business without obtaining a valid Certificate of substantial penalty Authority is $10,000. If you are changing If you change your organizational structure (for example, from a sole your organizational proprietorship to a corporation, a limited liability company, or a structure, you must partnership), the new organization must register for sales tax purposes and register for sales tax obtain a new Certificate of Authority. The new business must obtain its own purposes as a new Certificate of Authority before it begins operating. You must also file a business final return for your existing business and surrender the Certificate of Authority that was issued to the existing business. 7 EFTA01129742 Publication 750 (6/10) Purchasing, If you are purchasing, transferring, or assigning either part or all of the transferring, or assets of an existing business, there are specific rules that apply to the assigning business transaction (see Part VI on page 44). assets Rules for out-of-state businesses Even though you are Even though you are located outside of New York State, if you have located in another customers in New York State, and you have sufficient connection with state, if you have New York State, you may be required to register for New York State and customers in local sales tax purposes. For example, if you are located outside New York New York State, you State, make sales of taxable products to persons within New York State, may be considered a and regularly deliver the products in your trucks to your New York State vendor for customers, you have sufficient connection with New York State and must New York State register for sales tax purposes and collect and remit sales tax. Also, if you sales tax purposes solicit sales of taxable products or services through employees, salespersons, independent agents, or service representatives located in or who enter New York State, you must register for New York State sales tax purposes. If the only connection you have with New York State is the delivery of your products into the state by U.S. Postal Service or common carrier, you are not required to register or collect sales tax. Thus, some out-of-state businesses (including some mail order companies) may not have sufficient connection with New York State to be required to collect and remit sales tax. However, out-of-state sellers that make taxable sales of tangible personal property or services in New York are presumed to be sales tax vendors under certain conditions where they have agreements with New York residents to compensate them for referring potential customers to the seller. Also, under certain conditions, sellers of tangible personal property or services located outside of New York that have an affiliate located in New York may also be required to register to collect and remit sales tax. For more detailed information, see TSB-M-08(3)S New Presumption Applicable to Definition of Sales Tax Vendor, TSB-M-08(3.11S Additional Information on How Sellers May Rebut the New Presumption Applicable to the Definition of Sales Tax Vendor as Described in TSB-M-08(3)S, and TSB-M-09(3)S, Definition of a Sales Tax Vendor is Expanded to Include Out-of-State Sellers with Related Businesses in New York State. Although, as an out-of-state business, you may not be required to collect sales tax from your customers in New York State, your customers are still responsible for the payment of sales or use tax on their purchases. The use tax complements the sales tax. An example of when use tax applies is when a New York State resident purchases taxable products or services outside of New York State and then brings them or has them brought into New York 8 EFTA01129743 Publication 750 (6/10) State for use here. For more information, see Publication 774, Purchaser's Obligations to Pay Sales and Use Taxes Directly to the Tax Department: Questions and Answers. Although you may not have sufficient connection with New York State to require you to be registered, you may voluntarily register for sales tax purposes to collect and remit the sales tax that is otherwise due from the purchaser. You will then have the same obligations as vendors that are required to register with the Tax Department. If you are required to register for sales tax purposes, or if you voluntarily register, you must collect sales tax on all taxable sales delivered by you, or for you, to the purchaser, or the purchaser's designee, in this state. The tax due is the combined state and local rate in effect in the locality where the taxable product or service is delivered. For more information on registration rules for out-of-state businesses, see Tax Bulletin Do I Need to Register for Sales Tax? (TB-ST-1751. About your Certificate al Authority Your Certificate of Your Certificate ofAuthority authorizes you to collect sales tax on your Authority authorizes taxable sales and to issue and accept certain New York State sales tax you to collect sales exemption certificates. You cannot legally make taxable sales or issue or tax on your taxable accept many exemption documents until you have received your Certificate sales and to issue of Authority. Exemption certificates are forms that are filled out by a and accept certain purchaser and given to the seller, so that the seller has a record of why sales New York State tax was not required to be collected on the sale to which the certificate sales tax exemption relates. certificates Once you receive your Certificate of Authority, you are considered to be in business for sales tax purposes even if you never make a sale or never open the doors of your establishment. Therefore, it is important that you file your sales tax returns on time, even if you did not have any taxable sales during the reporting period, to avoid being subject to penalties for not filing. You must You must prominently display your Certificate of Authority at your place of prominently display business. If you have no permanent physical location, you can attach it to your Certificate of your truck, cart, wagon, stand, or other vehicle or facility from which you Authority at your conduct business. You are subject to a $50 penalty if you fail to properly place of business display your Certificate ofAuthority. If you have more than one place of business, you must display a Certificate of Authority at each place of business. You may not use photocopies of a Certificate of Authority but may request a separate certificate for each location from the Tax Department. See How to obtain your Certificate of 9 EFTA01129744 Publication 750 (6/10) Authority on page 12 for more information on applying for a Certificate of Authority when you have multiple business locations. If you have already received your Certificate of Authority, but need a duplicate copy because the original was lost or destroyed, you may contact us and request a duplicate original. Your Certificate of Your Certificate of Authority is not transferable or assignable. If you buy an Authority is not ongoing business, you must apply for your own certificate. (See Part VI on transferable page 44 for additional information on the rules regarding the purchase, transfer, or assignment of a business.) If you sell, transfer, or assign your business or cease doing business, you must surrender your Certificate of Authority to the Tax Department. Although your Certificate of Authority is not transferable or assignable, it may be amended to account for changes in the address of the business or business name. If you need to change your sales tax address you can do so by visiting our Web site or by contacting us directly. You can also use Form DTF-96 Report of Address Changefor Business Tax Accounts. Form DTF-95 Business Tax Account Update, can be used to provide the Tax Department with information regarding address changes, telephone number changes, and certain changes in business activities. Some changes in business activities may be processed by contacting us directly. Note: The department has instituted a sales tax vendor re-registration program for all registered vendors. You will receive a notice from the department when you are required to renew your sales tax Certificate of Authority. Also, see TSB-M-08(9)S Summary of the 2008 Sales and Use Tax Budget Legislation. For more information about the sales tax Certificate of Authority renewal program visit our Web site at www.rivstax.gov. You cease doing If you cease doing business, your Certificate of Authority must be returned business? to the department along with a "final" sales tax return for the business within 20 days of terminating the business. Special rules apply if you Web File a "final" sales tax return. Visit the Online Services section of our Web site for more information. Also, see Tax Bulletin Filing a Final Sales Tax Return (TB-ST-265). Types of Certificates of Authority The Tax The Tax Department issues two types of Certificates of Authority for sales Department issues tax purposes: two types of Certificates of • regular Authority for sales tax purposes • temporary 10 EFTA01129745 Publication 750 (6/10) The type of Certificate ofAuthority you apply for should be based on the anticipated duration of your business activities. Note: The department will no longer issue the Certificate ofAuthorityfor Show and Entertainment Vendors. If you make sales at shows or entertainment events, such as flea markets, craft shows, antique shows, fairs, and similar shows you should apply for a regular Certificate of Authority. See TSB-M-08(111S, Changes Regarding the issuance of Certificates of Authority to Show and Entertainment Vendors, for more information. Regular Certificate You should apply for a regular Certificate ofAuthority if you will be ofAuthority making ongoing taxable sales from your home, a shop, a store, a cart, a stand, or any other facility or facilities from which you regularly conduct your business. It does not matter whether you own or rent the facility. You must apply for a regular Certificate of Authority at least 20 days before you begin operating your business in New York State. (See How to obtain your Certificate ofAuthority on page 12.) Temporal-) You may apply for a temporary Certificate ofAuthority if you expect to Certificate of make taxable sales in New York State for no more than two consecutive Authority quarterly sales tax periods in any 12-month period. In determining whether you meet this requirement, keep in mind that the sales tax quarters are: March I through May 31, June 1 through August 31, September I through November 30, and December 1 through February 28 (February 29 in a leap year). Show and entertainment vendors may not apply for a temporary Certificate ofAuthority; they must apply for a regular Certificate ofAuthority. However, even if you are eligible to obtain a temporary Certificate of Authority, it may be to your benefit to apply for a regular Certificate of Authority. That is because a temporary Certificate ofAuthority is good only for the two consecutive quarterly sales tax periods listed on your application and on your temporary Certificate ofAuthority. In addition, if you operate the same business or another business during the next 12-month period, you must again apply for a new temporary Certificate of Authority at least 20 days before you resume doing business. Example: You sell Christmas trees in November and December, and your taxable sales consist only of sales during this period. Accordingly, you are eligible to applyfor a temporary Certificate of Authority. However, if you intend to conduct this type ofbusiness activity every year, you may wish to applyfor a regular Certificate of Authority. This could be to your benefit because you would not have to apply every yearfor a new temporary Certificate of Authority, as the regular 11 EFTA01129746 Publication 750 (MO) Certificate of Authority would continue to be in effect until you indicate that you are no longer doing business by filing a final return. However, once you receive a regular Certificate of Authority you must file sales and use tax returns even if you have no sales tax liability. Also, even if you file a final return, and subsequently change your plans, you may applyfor reactivation of your regular Certificate of Authority simply by contacting us directly (as long as it is within one year of deactivation). Example: You have no consistent year-to-year sales activity in New York State. However, in 2007 you intend to sell costume jewelry from a kiosk in the common area of a mallfrom October through December. This will be your only business activity in New York State in 2007 and you do not intend to sell in New York State in 2008. You should applyfor a temporary Certificate of Authority. Example: You intend to sell crafts at a farmers' market for seven months, from the beginning of April through the end of October. This seven-month period covers three consecutive quarterly sales tax periods: March through May, June through August, and September through November. You may not applyfor a temporary Certificate of Authority. You must apply for a regular Certificate of Authority. If you qualify to apply for a temporary Certificate of Authority, you must apply for it at least 20 days before you begin operating your business. (See below, How to obtain your Certificate of Authority.) How to obtain your Certificate of Authority You must apply for You must apply for a Certificate of Authority at least 20 days before you a Certificate of begin operating your business. You may apply online, by visiting the Authority at least 20 Online Permit As. ' ance and Licensing (OPAL) Web site at days before you Applying online is the fastest and easiest way to obtain begin business your certificate. You may also apply by filling out Form DTF-17, Application to Register for a Sales Tax Certificate of Authority, and sending it to the address listed in the instructions for that form, at least 20 days before you begin operating your business. If you need to file the paper version of the application, you may obtain a copy of the form from the Tax Department's Web site or by contacting us. See, the Need help? section on the back cover of this publication. Upon receipt of your online or paper application, the Tax Department will review your application. If your application is approved, we will mail you a Certificate of Authority. You cannot legally make taxable sales or issue or accept most exemption certificates until you have received your Certificate of Authority. If you listed several places of business on your online 12 EFTA01129747 Publication 750 (6/10) application or Form DTF-17-NIT, Schedule ofBusiness Locations For a Consolidated Filer, the Tax Department will provide you with a separate Certificate ofAuthority for each location. Denial of a Certificate of Authority The Tax The Tax Department may deny your request for a Certificate ofAuthority Department may under certain circumstances. For example, if any tax imposed under the Tax deny your request Law has been finally determined to be due from you and that tax liability for a Certificate of has not been paid, your application for a Certificate ofAuthority may be Authority denied. Remember that you cannot legally make taxable sales or issue or accept most New York State exemption certificates until you receive a Certificate ofAuthority. See page 7 for information regarding the penalties imposed for engaging in business without first receiving a Certificate of Authority. Within 30 days of If your timely and complete application for a Certificate ofAuthority is receiving notice that denied, we will send you a Notice ofProposed Refusal to Register by your application for certified mail within five days of the date we receive your application. The a Certificate of Notice ofProposed Refusal to Register will state the basis for the proposed Authority has been refusal. If you believe that the Tax Department has made a mistake, you denied, you may file should file a request for a conference with the Bureau of Conciliation and either a request for Mediation Services, or file a petition for a hearing with the Division of Tax a conference, or a Appeals. You must file the application for a conference or hearing within petition for a 30 days of receipt of the Notice ofProposed Refit-sal to Register; otherwise hearing the Notice ofProposed Refusal to Register becomes final. Once the Notice ofProposed Refit-sal to Register becomes final, you are prohibited from engaging in any business in New York State for which a Certificate of Authority is required. Taxpayers' Bill of Rights The Taxpayers' Bill New York State has a Taxpayers' Bill ofRights that enhances and ofRights requires formalizes your rights as a New York State taxpayer. In part, the Bill of the Tax Department Rights requires the Tax Department to advise you, in writing, of your rights to advise you, in to appeal a departmental decision. For more information on your rights, see writing, of your Publication 38 Your Rights as a Taxpayer, or contact us. rights to appeal a departmental decision 13 EFTA01129748 Publication 750 (6/10) New Jersey sales tax agreement Simplified sales tax A simplified sales tax reporting program is part of an agreement entered reporting program into between New York State and the State of New Jersey. between New York State and the State Under the simplified tax reporting program, New York State vendors who of New Jersey have no business location in New Jersey, but who make taxable sales of tangible personal property or services that are delivered to persons in New Jersey, may collect the New Jersey sales tax due on those sales. The simplified tax reporting program also allows New Jersey vendors who have no business location in New York, but who make taxable sales of tangible personal property or services that are delivered to persons in New York, to collect New York State sales tax due on those sales. The agreement between the states also permits the states to actively exchange sales and use tax information. Registering for the Vendors who participate in the program register with both their home state, program and the state for which they wish to collect sales tax. The vendor files a single sales tax return with the home state, along with a combined payment of all sales taxes collected and a breakdown of how much tax was collected on behalf of each state. The home state will, on the vendor's behalf, send the taxes due the other state to the other state. For more information on registering for the New Jersey program, see Publication 32, New Jersey/ New York Cooperative Interstate Sales and Use Tax Administration, (New Jersey). Note: The reciprocal sales tax agreement between the State of Connecticut and the State of New York has been terminated. However, the exchange of sales and use tax information remains in effect. For more detailed information relating to the changes as a result of the termination, see Important Notice, N-09-16 Important Informationfor Participants in the Connecticut/New York State Simplified Sales and Use Tax Reporting Program. Registration rules for farmers Farmers are not A farmer is not required to register for sales tax purposes if the only sales required to register the farmer makes are sales of food and food products that are exempt from for sales tax tax. For example, if a fanner sells fruits, vegetables, baked goods, jellies, purposes unless they jams, and preserves at a roadside stand, the farmer will not be required to make sales that are register. In addition, Form ST-17% Fanner's and Commercial Horse subject to sales tax Boarding Operator's Exemption Certificate, can be issued by farmers to make purchases exempt from the payment of sales tax when purchasing certain goods and services used predominantly (more than 50%) in farm production, even though the farmer is not registered for sales tax purposes. 14 EFTA01129749 Publication 750 (6/10) However, if a fanner sells taxable tangible personal property such as hay, livestock, plants, shrubs, trees, homemade crafts, or items such as candy and other confections, or sells food or drink for consumption on the premises where sold, then the fanner must register for sales tax purposes and collect sales tax on sales of taxable tangible personal property and services, or taxable food and drink. Registration rules for contractors A contractor is not required to register for sales tax purposes if the contractor only contracts or subcontracts to do capital improvements. See Publication 862 Sales and Use Tax Classifications of Capital Improvements and Repairs to Real Property, for more information on the application of the sales tax law to contractors and the definition of capital improvement. Contractors must A contractor is required to be registered for sales tax purposes if the register for sales tax contractor will make sales that are subject to sales tax. For example, if a purposes if the sales construction contractor makes repairs such as repairing a roof or a leaking they make are pipe, the contractor must register for sales tax purposes. subject to tax or to issue certain A contractor must also register for sales tax purposes if the contractor will exemption be issuing an exemption document to make certain specific purchases documents exempt from sales tax (such as a purchase of tangible personal property that is installed into real property owned by an exempt organization). Registration rules for manufacturers As used in this section, the term manufacturer means and includes manufacturers, processors, generators, assemblers, refiners, miners, and extractors. Manufacturers must A manufacturer may purchase raw materials and certain machinery, register for sales tax equipment, parts, tools, supplies and related services exempt from sales tax. purposes if the sales In order to make these purchases exempt from sales tax and issue the they make are appropriate exemption documents, a manufacturer is required to be subject to tax or to registered for sales tax purposes. issue or accept most exemption Moreover, a manufacturer must also register for sales tax purposes to documents accept a resale certificate from its customer. See Publication 852, Sales Tax Information for Manufacturers, Processors, Generators, Assemblers, Refiners, Miners and Extractors, and Other Producers of Goods and Merchandise, for more information. 15 EFTA01129750 Publication 750 (6/10) Part II — Making sales Taxable sales The following products and services are subject to sales tax when delivered in New York State, unless specifically exempted or excluded. This list is intended to provide general guidelines of the types of sales that are subject to tax and is not an all-inclusive list. If your business will be making sales of any of these types of products or services, you are required to register for sales tax purposes and obtain a valid Certificate ofAuthority prior to doing business in New York State. For further information regarding products and services subject to sales tax, see Tax Bulletin Quick Reference Guide for Taxable and Exempt Property and Services (TB-ST-7401. Items and services Generally, the sales tax is imposed on: subject to tax • retail sales of tangible personal property; unless specifically exempted in the law; • sales of certain services (see page 18); • sales of gas, electricity, refrigeration, and steam (utilities); • sales of gas, electric, refrigeration and steam service (utilities); • sales of telephony and telegraphy; • sales of telephone and telegraph service (including telephone answering services, facsimile transmission services, and mobile telecommunications services); • sales of food and drink for on-premises consumption, for example, when sold by restaurants and taverns; • sales of food and drink when sold by caterers; • sales of sandwiches and heated food; • rent for occupancy of hotel or motel rooms (including bed and breakfasts, boarding houses, guest houses, etc.). For more information see Publication 848 A Guide To Sales Tax For Hotel And Motel Operators; 16 EFTA01129751 Publication 750 (6/10) • admission charges to places of amusement, other than live dramatic or musical arts performances, motion picture theaters, sporting facilities or activities in which the patron is the participant, live circus performances, or charges which are taxed under any other law of this state, such as for admissions to race tracks, boxing, sparring or wrestling matches or exhibitions; Note: 75% of admission charges to qualifying places of amusement are exempted from the imposition of sales tax. (See TSB-M-O6(12)S Summary of the 2006 Budget Legislation Relating to Sales Taxes, and TSB-M-O4(7)S Exemption from Sales Taxes on 75% of the Admission Charge to a Qualifying Place of Amusement.) • dues, including initiation or membership fees, paid to social or athletic clubs when the combined dues and fees are more than $1O per year; and, • the charges of a roof garden, cabaret, or other similar place. Note: When certain conditions are met, a portion of the charges made by a roof garden, cabaret, or other similar place for admission to see a dramatic or musical arts performance is exempt from sales tax. (See TSB-M-O6(15)S Supplemental Summary of Recently Enacted Legislation Affecting Sales and Use Taxes Effective in 2006.) For sales tax purposes, the term sale includes a sale, a lease, rental, exchange or barter, and license to use or consume. For computer software, the term sale also includes the right to reproduce the software. Sales of tangible The term tangible personal property means physical personal property, of personal property any nature, that has a material existence and is perceptible to the human senses. Tangible personal property includes a variety of goods. Examples of taxable sales of tangible personal property include, but are not limited to, sales of: • furniture, appliances, and lighting fixtures; • certain clothing and footwear;* • machinery and equipment, parts, tools, and supplies; • computers; • prewritten (canned/off-the-shelf/standard) computer software (whether transferred by CD-ROM, Internet download, remote access, etc.); • motor vehicles; • boats and yachts; 17 EFTA01129752 Publication 750 (6/10) • fuels (for example, gasoline, diesel fuel, and kero-jet fuel); • candy and confections; • bottled water; • soda and beer; • cigarettes and tobacco products; • cosmetics and toiletries; • jewelry; • artistic items such as sketches, paintings, and photographs; • animals (for example, dogs, cats, or pet birds); • food and supplies for animals; • trees, shrubs, plants, and seeds; • coins and other monetary items, when purchased for purposes other than for use as a medium of exchange; • building materials; and • prepaid telephone calling cards. * If you sell clothing or footwear Publication 718-C, Local Sales and Use Tax Rates on Clothing and Footwear, lists the most up-to-date information concerning the applicable tax rates to charge your customers. Services subject to Only certain services are subject to tax. These services include: tax • providing certain information services; • producing, fabricating, processing, printing or imprinting tangible personal property furnished by a customer who does not intend to resell it (for example, when an individual purchases lumber and has a cabinetmaker construct a bookcase for him or her); • installing, maintaining, servicing, or repairing tangible personal property that is not held for sale by the purchaser of the service in the regular course of business (for example, servicing automobiles, repairing appliances, and repairing radio and television sets); 18 EFTA01129753 Publication 750 (6/10) • storing tangible personal property that is not being held for sale (for example, storing a customer's fur coat or providing storage for a customer's household goods); • renting safe deposit boxes; • maintaining, servicing, or repairing real property, both inside and outside buildings (for example, cleaning, painting, gardening, snowplowing, trash removal, and general repairs); • providing parking, garaging, or storage services for motor vehicles;* • interior decorating and design services; • protective or detective services; • entertainment or information services provided by means of telephone or telegraph (for example, 800 or 900 numbers); and • passenger transportation services with a driver, using limousines, black cars, and certain other motor vehicles (not including taxi and bus services). (See TSB-M-09(2)S Sales Tax Imposed on Certain Transportation Services, and TSB-M-09(7)S Additional Guidance Relating to Sales Tax on Certain Transportation Services.) * See TSB-M-08(14)S, Sales Tax Treatment of a Lease or Rental of Real Propertyfor the Purpose of Parking, Garaging, or Storage of Motor Vehicles, for information on what constitutes a non-taxable lease of real property for parking. Sales by New York The Tax Law provides a general exemption from sales tax for sales made and United States by the following: governmental entities and certain • New York State or any of its agencies, instrumentalities, public exempt corporations, or political subdivisions (New York governmental organizations entity); • the United States and its agencies and instrumentalities (United States governmental entity); • the United Nations or any international organization of which the United States is a member (United Nations or any international organization); • certain not-for-profit organizations, (such as religious, charitable, scientific, testing for public safety, literary or educational, or to foster national or international sports competition); 19 EFTA01129754 Publication 750 (6/10) • certain posts or organizations consisting of past or present members of the armed forces of the United States, and qualifying auxiliary units of such posts or organizations; and • certain Indian nations or tribes residing in New York. However, there are some exceptions to this general rule for sales made by governmental entities and other exempt organizations. The sales described below, when made in the manner indicated by either a governmental entity or other exempt organization, are subject to sales and use taxes. This list is intended to provide general guidance and is not meant to be an all-inclusive list. If an exempt organization or governmental entity engages in sales of these types of products or services, it is required to register for sales tax purposes and obtain a valid Certificate of Authority prior to conducting business in New York State (see page 12). Generally, sales and use taxes are imposed on: • tangible personal property or services sold by New York or United States governmental entities and certain sales by the United Nations or any international organization, if the property or services are similar to those ordinarily sold by private persons; • tangible personal property sold by any shop or store* operated by certain not-for-profit organizations; posts or organizations of past or present members of the armed forces, and qualifying auxiliary units; or certain Indian nations or tribes residing in New York; • tangible personal property or services sold by a rural electric cooperative corporation, unless the purchaser is an exempt organization; • food or drink sold in or by a restaurant or tavern operated by a New York governmental entity; certain not-for-profit organizations; posts or organizations of past or present members of the armed forces and qualifying auxiliary units; or certain Indian nations or tribes residing in New York; • under certain circumstances, rent for hotel occupancy received by certain not-for-profit organizations (see Publication 848, A Guide To Sales Tax For Hotel And Motel Operators); and • certain motor vehicle parking, garaging, or storage services by certain not-for-profit organizations and posts or organizations of past or present members of the armed forces, and qualifying auxiliary units. * A shop or store is any place or establishment where goods are sold from display with a degree of regularity, frequency, and continuity as well as any 20 EFTA01129755 Publication 750 (6/10) place where sales are made through a temporary shop or store located on the same premises as persons required to collect tax. Beginning September 1, 2008, certain not-for-profit organizations; certain posts or organizations of past or present members of the armed forces, and qualifying auxiliary units; and certain Indian nations or tribes residing in New York, are required to collect state and local sales tax on their retail sales of the following property and on their sales, other than for resale, of the following services: • any lease or rental of tangible personal property; • any utility service described in section 1105(6) of the Tax Law; • any service to real property described in section 1105(c)(5) of the Tax Law; and • any tangible personal property where the sale is made by remote means, such as by telephone, mail order (including email), over the Internet, or by other similar methods, provided the exempt organization makes such sales with a degree of regularity, frequency, or continuity. Beginning January 1, 2009, certain not-for-profit organizations; posts or organizations of past or present members of the armed forces, and qualifying auxiliary units; and certain Indian nations or tribes residing in New York are also required to collect state and local sales and use tax on certain remote and auction sales. The sales described above are subject to tax whether or not they are made from a shop or store. For more information on sales by certain exempt organizations, see Publication 843, A Guide to Sales Tax in New York State for Exempt Organizations. Also see TSB-M-08(5)S Tax Law Amendments Related to Sales Made by Certain Sales Tax Exempt Organizations Effective September 1, 2008, and TSB-M-08(15)S, Regulatory Amendments Related to Sales Made by Certain Sales Tax Exempt Organizations — Effective January 1, 2009. For information on purchases made by governmental entities and certain exempt organizations, see Exempt purchasers on page 31. Additional sales taxes and fees you may be required to collect Passenger car An additional 6% statewide special tax is imposed on the short-term rental rentals of a passenger car rented within New York State, or rented outside New York State for use within New York State. Short term rental means 21 EFTA01129756 Publication 750 (6/10) any rental for less than one year. This tax is in addition to the applicable state and local sales and use taxes. Also, a special 5% supplemental tax is imposed on the short-term rental of passenger cars within the Metropolitan Commuter Transportation District (MCTD).* The special supplemental tax is in addition to the applicable state and local sales and use taxes and the statewide special tax. See TSB-M-09(1)S, Increase in the Special Tax on the Rental of Passenger Cars, and TSB-M-09(6)S, Special Supplemental Tax on the Rental of Passenger Cars Within the Metropolitan Commuter Transportation District, for more information. * The MCTD consists of New York City (Bronx, Kings, New York, Queens, and Richmond counties) and the counties of Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk, and Westchester. Entertainment or An additional 5% sales tax is imposed on entertainment or information information services services provided by means of telephone that are received in an exclusively aural manner by the customer (for example, 800 or 900 numbers). Parking services Charges for parking services in New York City are subject to a higher rate sold in New York of tax than most other sales. If you sell parking services in the borough of City Manhattan (New York County), those sales are subject to the 8% additional parking tax imposed on parking services within that borough. Under certain circumstances, an individual resident of Manhattan is exempt from this 8% tax. See TSB-M-85(14)S, 1985 Legislation - Chapter 330 Exemption From New York City Additional Tax On Parking, Garaging and Storing of Motor Vehicles, and TSB-M-96(131S Change in the New York City Parking Tax Exemption for Manhattan Residents, for more information about the exemption afforded Manhattan residents. Fee on hotel An additional hotel unit fee in the amount of $1.50 per unit, per day, is occupancy in imposed on every occupancy of a unit in a hotel located within New York New York City City (Bronx, Kings, New York, Queens, and Richmond counties). See TSB-M-05(21S Fee on Hotel Occupancy in New York City, for additional information on this hotel unit fee. Sales taxes imposed only within New York City Sales tax is imposed New York City local sales tax is imposed only within New York City on on certain services the following services performed or delivered in the city: that are performed or delivered within • written or oral credit rating services; New York City • oral credit reporting services not delivered by telephone; 22 EFTA01129757 Publication 750 (6/10) • beautician, barbering, and hair restoring services; • tanning services; • manicure and pedicure services; • electrolysis; • massage services; and • the sale of the services of transporting, transmitting, distributing, or delivering gas or electricity, when purchased from someone other than the vendor of the gas or electricity. (See Important Notice, N-09- 12 Sales Tax Law Changes in New York City — Effective August 1, 2009.) In addition, the New York City local sales tax is imposed on every sale of services by: • weight control and health salons; • gymnasiums; • Turkish and sauna baths and similar establishments; and • every charge for the use of such facilities. Sales of these services are subject to sales tax only when the services are performed or delivered to customers within New York City. However, charges for services rendered by the following are not subject to the local New York City sales tax: • physicians; • osteopaths; • dentists; • nurses; • physiotherapists; • chiropractors; • podiatrists; • optometrists; and 23 EFTA01129758 Publication 750 (6/10) • ophthalmic dispensers; or • a person performing similar services licensed under title VIII of the New York State Education Law, and excluding those services when performed on pets and other animals. Note: The services described above are not subject to New York State sales tax, including the MCTD tax, or to any local sales taxes imposed elsewhere in the state. However, those credit rating and credit reporting services that are subject to New York State and local sales tax as an information service are subject to the full rate of state and local tax imposed in each locality, including New York City. Sales taxes imposed by certain school districts Certain school Certain school districts in New York State impose sales tax on sales of the districts in following utilities and utility services: New York State impose sales tax on • gas (including propane sold in containers of 100 pounds or more), utilities and utility electricity, refrigeration, and steam; services • gas, electric, refrigeration, and steam service; • telephony and telegraphy, except interstate and international telephony and telegraphy; • telephone and telegraph services, except interstate and international telephone and telegraph services, including telephone answering services and facsimile transmission services (not including prepaid telephone calling cards and services); and • mobile telecommunications services provided by a home service provider. You can look up the combined tax rate on utilities or utility services sold in a school district by utilizing our online Sales Tax on Utilities Jurisdiction and Rate Lookup service on the Tax Department's Web site at www.nystax.gov. You can also look at Publication 718-R, Local Sales and Use Tax Rates on Residential Energy Sources and Services, and sales tax Schedule B and Schedule T, for a list of tax rates on utilities or utility services. 24 EFTA01129759 Publication 750 (6/10) Calculating and stating the sales tax Compute the Generally, you compute the amount of sales tax due on a sale by applying amount of sales tax the combined state and local sales tax rate to the amount of the sale. The due on a sale by combined state and local sales tax rate consists of the state sales tax rate, applying the plus the applicable rate of sales tax imposed by the local jurisdiction (city, combined state and county, and school district). In addition, the State imposes an additional local sales tax rate to sales tax in those localities that are within the Metropolitan Commuter the amount of the Transportation District (MCTD). The MCTD is composed of sale New York City (Bronx, Kings, New York, Queens, and Richmond counties), and the counties of Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk, and Westchester counties. The local tax rates vary by jurisdiction and by the items or services sold. For updated state and local sales tax rates, use our online Sales Tax Jurisdiction and Rate Lookup service on our Web site at www.nystaxgov. Publication 718 New York State Sales and Use Tax Rates by Jurisdiction, also lists the combined state and local rates and the proper jurisdiction and jurisdiction codes. Note: ZIP codes should not be used for identifying customer location. Postal zones usually do not coincide with political boundaries, and the use of ZIP codes for tax collection results in a high degree of inaccurate tax reporting. Instead, use our Sales Tax Jurisdiction and Rate Lookup service to determine the taxing jurisdiction, correct sales tax rate, and jurisdictional reporting code. For additional information on the sales tax rate publications and sales tax rates, additional sales taxes and fees, see Tax Bulletins Sales Tax Rate Publications (TB-ST-8201and Sales Tax Rates Additional Sales Taxes, and Fees (TB-ST-825). Special rules for the New York State computes the state sales tax on qualified motor fuel and calculation of sales diesel motor fuel using a cents-per-gallon method. The cents-per-gallon tax on the sale of method also applies to the additional sales tax imposed on motor fuel and qualified motor fuel diesel motor fuel in the MCTD. Counties and cities can also elect to change and diesel motor their percentage rate sales tax to a cents-per-gallon method. For more fuel information, see TSB-M-06(8)S New Guidelines on the Sales of Motor Fuel and Diesel Motor Fuel Subject to the Cents-Per-Gallon Sales Tax, and Publication 718-F, Local Sales and Use Tax Rates on Qualified Motor Fuel, Diesel Motor Fuel, and B20 Biodiesel. Sales tax exemption Alternative fuels (CNG, hydrogen, E85) are exempt from state and local and reductions for sales tax, provided the fuel meets the definition of qualified fuel. Also, a sales of certain reduced rate of state and local sales tax applies to biodiesel (B20). alternative fuels 25 EFTA01129760 Publication 750 (6/10) For additional information on these exemptions and reductions, see TSB-M-06(10)S, Sales Tax Exemptions and Reductionsfor Certain Alternative Fuels Beginning September 1, 2006. The point of The point of delivery generally determines the sales tax rate to be applied to delivery determines a transaction. Therefore, in computing the sales tax due, the rate to be the combined rate to charged is the total of the New York State tax rate in effect in the be collected on a jurisdiction where delivery takes place, plus the local rate in effect in that sale, except in the jurisdiction, plus the MCTD rate, if it applies. For taxable sales subject to case of motor the same tax rate, do not compute sales tax on each item separately. Instead, vehicles and certain compute the tax on the total amount of the transaction. However, if separate boats sales are subject to different tax rates, then compute sales tax on each sale separately. For assistance in determining the proper jurisdiction for tax collection, go to the department's Web site at www.nystax.gov. Click on Sales Tax and see the link for Sales Tax Jurisdiction and Rate Lookup service. Sales of motor For sales or long-term leases of motor vehicles and certain boats, the point vehicles and certain of delivery does not necessarily determine the rate of sales tax to be boats to individuals collected. If the purchaser or lessee is an individual who is a resident of New York State and the individual takes delivery of a motor vehicle or boat within New York State, sales tax is to be collected at the rate in effect in the local jurisdiction where the individual is a resident. If the individual is a resident of New York State and has one or more residences outside of New York State, sales tax is to be collected at the rate in effect in the local jurisdiction where the individual is a New York State resident. If an individual is a resident of more than one local taxing jurisdiction within New York State (whether or not the individual has one or more residences outside of New York State), sales tax is to be collected at the rate in effect in the local jurisdiction within New York State where the vehicle or boat is principally used or garaged, or the boat is principally stored. The storage of a boat also includes mooring. If the purchaser or lessee is an individual who is not a resident of New York State, generally, no sales tax is imposed unless the vehicle or boat is registered in New York State. If the vehicle or boat is registered in New York State, sales tax is to be collected at the rate in effect in the jurisdiction where the vehicle or boat was delivered to the purchaser. For sales tax purposes, an individual is a resident of New York State and of a local taxing jurisdiction if the individual has a permanent place of abode within the jurisdiction. A permanent place of abode is a dwelling place maintained by an individual, or maintained on his or her behalf, whether or not owned by the individual, on other than a temporary or transient basis. The dwelling may be a house, apartment, flat, trailer, mobile home, houseboat, or any other premises. It also may be a room, including a room 26 EFTA01129761 Publication 750 (6/10) in a hotel, motel, boarding house, club, or a room at a residence hall operated by an educational, charitable, or other institution. A permanent place of abode also includes housing provided by the Armed Forces of the United States, whether the housing is located on or off a military base or reservation. An individual is also a resident of any local jurisdiction in which he or she carries out any employment, trade, business, or profession with respect to any property used in that trade, business, or profession. Sales of motor If the purchaser or lessee is a business that is a resident of New York State vehicles and certain and the business takes delivery of a motor vehicle or boat within New York boats to businesses State, sales tax is to be collected at the combined state and local rate in effect in the local jurisdiction where the business is a resident. If the business is a resident of New York State and has one or more residences outside of New York State, sales tax is to be collected at the rate in effect in the local jurisdiction where the business is a New York State resident. If a business is a resident of more than one taxing jurisdiction within New York State (whether or not it has one or more residences outside of New York State), sales tax is to be collected at the rate in effect in the local jurisdiction within New York State where the vehicle or boat is principally used or garaged, or the boat is principally stored. The storage of a boat includes mooring it. If the purchaser is a business that is not a resident of New York State, generally, no sales tax is imposed unless the vehicle or boat is registered in New York State. If the vehicle or boat is registered in New York State, sales tax is to be collected at the rate in effect in the jurisdiction where the vehicle or boat was delivered to the purchaser. For sales tax purposes, a business is a resident of a New York State taxing jurisdiction if it carries on any employment, trade, profession, or maintains a place of business in the jurisdiction. The storage of property, including vehicles and boats, constitutes maintaining a place of business. Shipping and If you charge your customer for shipping, handling, or delivery on the sale deli% ery charges of tangible personal property or tangible personal property on which a taxable service has been performed, the amount on which the sales tax is to be computed includes your charges for shipping, handling, or delivery. However, if the customer arranges delivery by a third person and pays that person directly, the third person's delivery charge is not taxable. See TSB-M-92(2)S Delivery Charge Added to Taxable Receipt Effective September 1, 1991, for more information. Use the Sales Tax Jurisdiction and Rate Lookup service on the department's Web site to determine the proper locality and rate of tax. 27 EFTA01129762 Publication 750 (6/10) Whenever you give You are not required to give your customer a written or printed receipt. your customer a However, if you do give your customer any sales slip, invoice, receipt, or written or printed other statement relating to a sales transaction, you must separately state the receipt, the amount amount of sales tax due on the sales slip, invoice, receipt, or other of sales tax must be statement. separately stated on that receipt. If you If you do not provide your customer with a written or printed receipt, you do not provide your may use the alternate unit price method. The unit price is the price of the customer with a product, including sales tax, at which the sale is recorded. This price is written receipt, you either rung up on a cash register or accounted for in some other way. If you may use the use this method, you must display a sign telling the customer that the price alternate unit price he or she is paying includes sales tax. You must also distinguish products method offered for sale by: labeling them taxable or nontaxable; displaying taxable and nontaxable products separately; or by having a detailed list of taxable and nontaxable products available for the customer. You must keep accurate records distinguishing sales of taxable and nontaxable products. Exempt sales In general, if you sell only tangible personal property or services that are always exempt from sales tax (see below), you are not required to substantiate the exempt nature of the sale by receiving an exemption certificate from the purchaser. In addition, you may not be required to register and obtain a Certificate of Authority if the only sales that you make are of property and services that are always exempt from tax. If you sell tangible personal property or a service that is normally taxable but is exempt because, for example, the purchaser is a sales tax exempt organization (certain non-profit organizations), the purchaser intends to resell the property or service, or because the purchaser will use the property or service in an exempt manner, you should collect sales tax unless you receive a properly-completed exemption certificate from the purchaser within 90 days of the date of sale. Please note that if you sell property or services that are normally taxable, even if you only make sales that are exempt or excluded from the imposition of sales tax, you must still be registered for sales tax purposes in order to issue and accept most New York State sales tax exemption certificates. For additional information on exemption certificates, see Exemption certificates on page 30 and Tax Bulletin Ouick Reference Guide for Taxable and Exempt Property and Services (TB-ST-7401. Exempt sales — No Certain sales are always exempt from sales tax. Therefore, the purchaser is exemption not required to give you an exemption certificate to claim the exemption. certificate required These exemptions include, but are not limited to, sales of: • food, food products, certain beverages, dietary foods, and health supplements that are sold by food markets for human consumption. 28 EFTA01129763 Publication 750 (6/10) However, sales of candy, confections, soft drinks, alcoholic beverages, fruit drinks that contain less than 70% natural fruit juice, sandwiches, and heated foods are subject to sales tax. (See Publication 880, Taxable and Exempt Foods and Beverages Sold at Retail Food Markets and Similar Establishments, for more information.) • drugs and medicines intended for internal or external use, in the diagnosis, cure, mitigation, treatment, or prevention of illnesses or diseases in human beings. (See publication 84Q, A Guide to Sales Tax for Drugstores and Pharmacies.) • clothing and footwear sold for less than $110 per item of clothing or per pair of shoes or other articles of footwear, and items used to make or repair exempt clothing, except that this exemption does not apply to any locally-imposed sales taxes unless the county or city imposing the sales tax has elected to also provide for the exemption. (See Publication 718-C, Local Sales and Use Tax Rates on Clothing and Footwear.) For additional information on the state clothing exemption, see TSB-M-06(6)S Year-Round Sales and Use Tax Exemption of Clothing, Footwear, and Items Used to Make or Repair Exempt Clothing, Effective April 1, 2006. • medical equipment and supplies. However, medical equipment and supplies purchased for use in providing medical or similar services for compensation, such as services of physicians, hospitals, clinical laboratories, and ambulance companies, are subject to sales tax. (See Publication 822, Taxable Status ofMedical Equipment and Supplies, Prosthetic Devices, and Related Items.) • prosthetic aids and devices, hearing aids and eyeglasses. • services of laundering and dry cleaning, including carpet, drapery, etc., and rug cleaning services. • newspapers, magazines, and other periodicals. • tangible personal property sold by any gift shop located in a veterans' home. (See TSB-M-06(15)S, Supplemental Summary ofRecently Enacted Legislation Affecting Sales and Use Taxes Effective in 2006.) • shoe repair. • services of a licensed veterinarian constituting the practice of veterinary medicine. (See Publication 851 A Guide to Sales Tax in New York State for Veterinarians.) 29 EFTA01129764 Publication 750 (6/10) Exempt sales — exemption certificate required Certain purchases If you are registered for sales tax purposes, you can make certain purchases can be made exempt exempt from sales tax that would otherwise be subject to sales tax. The from sales tax, but purchase of inventory that will be held for resale; qualifying manufacturing only with the equipment; packaging material; farm equipment; and certain tractors, issuance of a trailers, and semitrailers are examples of some of these types of purchases. properly-completed For more complete information on various exemption documents and their exemption uses, see Tax Bulletin Quick Reference Guide for Taxable and Exempt document Property and Services (TB-ST-740). Exemption certificates You are not You are not required to collect sales tax from a purchaser who furnishes required to collect you with a properly-completed exemption certificate that you accept in sales tax from a good faith within 90 days of the delivery of property or rendition of a purchaser who service. Accepting an exemption certificate in good faith means you have furnishes you with a no prior knowledge that the document is falsely or fraudulently issued. properly-completed exemption Exemption certificates show why you did not collect tax on the sale to certificate within 90 which the exemption certificate relates. For example, if you sell an days, provided you otherwise taxable product to a purchaser who is going to sell the product to accept the certificate someone else, you must collect sales tax unless the purchaser gives you in good faith Form ST-120, Resale Certificate, within 90 days of your delivering the product to the purchaser. If you are audited by the Tax Department, the certificate will show the department that you did not collect sales tax because the purchaser has certified that the transaction was not subject to tax. You must maintain a system that associates the certificate with the invoice or other evidence of the sale that you retain as part of your records. For a list of the various exemption certificates and their uses see, Tax Bulletin Exemption Certificatesfor Sales Tax (TB-ST-2401. The purchaser must If a transaction is exempt from sales tax, the purchaser must give you a give you a properly-completed exemption certificate or other required documentation properly-completed within 90 days of the delivery of the product or the rendition of the service exemption being purchased, or within 90 days of the hotel occupancy or payment of the document within 90 amusement charge. If you accept a certificate after 90 days, both you and the days purchaser share the burden of proving that the sale was exempt, and additional substantiation may be required. Also, both you and the purchaser may be liable for any tax, penalties, and interest due in the event the sale is determined to be taxable. Single transaction The purchaser may give you an exemption certificate for a single sale. You certificates should attach this to your record of the sales transaction that you keep for your files, and keep it for at least three years after the due date of the sales tax return to which it relates, or the date the return was filed, if later. 30 EFTA01129765 Publication 750 (6/10) Blanket exemption The purchaser may instead give you a blanket exemption certificate. This certificates certificate may be used for the current sale as well as for subsequent sales made to that purchaser. A blanket exemption certificate may only be used by a purchaser to cover additional sales of the same general type. You must keep the blanket exemption certificate for three years after the due date of the most recent sales tax return to which it relates, or the date the most recent return was filed, if later. Electronic resale A purchaser may issue an electronic version of a resale certificate or other and exemption exemption document to a seller provided the e-certificates meet all documents departmental requirements as described in TSB-M-07(1)S Electronic Resale and Exemption Documentsfor Sales and Compensating Use Taxes. Note: See page 34 for information on keeping adequate records. Exempt purchasers Sales to certain individuals and organizations are generally not subject to sales tax. Exempt purchasers include the United States and its agencies and instrumentalities, New York State, and its local governmental agencies and instrumentalities; the United Nations; diplomatic missions and diplomatic personnel; exempt organizations such as religious, charitable, scientific, and educational institutions that have qualified for exempt status under the Tax Law; certain posts or organizations consisting of past or present members of the armed forces of the United States; and certain Indian nations, tribes, or individuals. In each case, the purchaser must establish the right to the exemption by submitting the proper exemption certificate or other documentation to the vendor. Federal, New York The United States government; an agency or political subdivision of the State, and local United States government or New York State; or a New York State agency, governmental authority, or political subdivision establishes its right to exemption through agencies the issuance of a governmental purchase order or other appropriate proof that the sale is to the government. Purchases by another state or country or by an agency or locality of another state or country are not exempt from tax. The United Nations The United Nations, or any other international organization of which the and similar United States of America is a member, establishes its right to exemption organizations through the issuance of the proper exemption certificate. Other exempt Certain not-for-profit organizations (such as charitable, religious, scientific, organizations and educational organizations) must apply for and be granted exempt organization status for sales tax purposes by the Tax Department. These organizations establish their right to exemption through the issuance of the proper exemption certificate. 31 EFTA01129766 Publication 750 (6/10) Posts or Posts or organizations consisting of past or present members of the armed organizations of past forces of the United States, and the qualifying auxiliary units of such posts or present members or organizations, establish their right to exemption through the issuance of of the United States the proper exemption certificate. armed forces Indian nations, The following Indian nations or tribes residing in New York State are tribes, and exempt organizations: Cayuga, Oneida, Onondaga, Poospatuck, Saint Regis individuals Mohawk, Seneca, Shinnecock, Tonawanda Band of Senecas, and Tuscarora. These nations or tribes exercise their right to exemption through the issuance of the proper exemption certificate. Sales to members of recognized Indian nations or tribes are not subject to sales tax, provided that delivery is made to the member of the qualified nation or tribe on a qualified reservation. The qualified reservations are Allegany, Cattaraugus, Oil Spring, Oneida, Onondaga, Poospatuck, St. Regis Mohawk (Akwesasne), Shinnecock, Tonawanda, and Tuscarora. See page 19 for information on sales by New York and United States governmental entities and certain exempt organizations. For more information, see Publication 843, A Guide to Sales Tax in New York State for Exempt Organizations. Taxable business purchases You should be If you are conducting business in New York State, you should be aware that aware that you are you are required to pay sales and use taxes in the following situations, required to pay sales whether or not you are required to be registered for sales tax purposes: and use taxes in certain situations, • you purchase taxable property (such as inventory) or services without whether or not you payment of taxes because you intend to resell them, but you later use are required to be the property or services rather than reselling them; registered for sales tax purposes • you purchase taxable property without payment of taxes because you purchased them from a seller who is located outside of New York State, and you use that property in this state; • you purchase property or services outside of New York State where you pay the other state's tax and use the property or services in New York State and either New York State does not have a reciprocal agreement with the state which would allow you a credit for tax paid to that state, or New York State does have a reciprocal agreement with the other state and the tax rate paid in the other state is less than the New York rate; • you purchase taxable gas and electricity without payment of taxes because you purchased these commodities from a seller who is located 32 EFTA01129767 Publication 750 (6/10) outside New York State, and your business uses that gas and electricity in this state; • you send property out of New York State to have a taxable service performed on that property, do not pay tax, and then use that property in this state; • you purchase taxable property, services, hotel occupancy or pay amusement charges in New York State without payment of taxes; • you are a resident of a locality (county/city) at the time of a purchase and you purchase taxable property in a locality in New York State that has a lower rate of tax than the (county/city) where you are a resident, and then you bring the property into the locality where you are a resident for sales tax purposes; or • you are a resident of a locality (county/city) at the time of a purchase and you have a taxable service performed on property in another locality in New York State that has a lower rate of tax than the (county/city) where you are a resident, and then you bring the property into the locality where you are a resident for sales tax purposes. Taxes due in the above situations are generally computed on the sales price paid. You compute the amount of sales and use taxes due by applying the combined state and local sales tax rate to the selling price (see Calculating and stating the sales tax on page 25 of this publication). However, if you use the property outside New York for more than six months prior to its use within the State, tax due may be calculated on the lower of the selling price or fair market value of the property. Also, if you purchase taxable property outside of New York State, and the property is used in the performance of a contract in New York State for a period of less than six months, you may elect to calculate the tax due on the lower of the fair rental value of the property for the period of use within New York State or the sales price paid, but only if the property is not completely consumed, or incorporated into real property, in New York State. Under certain circumstances, there may be a credit available for the amount of tax paid to another state or local jurisdiction of that state where your business made the purchase. To determine whether the tax you paid to another state or local jurisdiction in another state qualifies for credit against New York State and local tax, see Publication 39 A Guide to New York State Reciprocal Creditsfor Sales Taxes Paid to Other States. You do not owe tax on property or services purchased outside New York State before you became a resident of New York State or before you began conducting business in New York State. This rule also applies to local sales and use taxes. 33 EFTA01129768 Publication 750 (6/10) If you are registered, or required to be registered, with the Tax Department for sales tax purposes, you must report and pay the sales and use taxes incurred in connection with the taxable business purchases with your business's monthly, quarterly, or annual sales tax return. See page 36 of this publication for information on filing your sales tax return. If your business is not registered or required to be registered, and is not a sole proprietorship for federal tax purposes, you must pay any use tax due by filing Form ST-130, Business Purchaser's Report of Sales and Use Tax, within 20 days from the date the property or service purchased is first brought or delivered into New York State. If your business is a sole proprietorship, you may remit any use tax due with your annual personal income tax return. For more information, see Publication 774 Purchaser's Obligations to Pay Sales and Use Taxes Directly to the Tax Department: Questions and Answers, and Tax Bulletins Use Taxfor Businesses (TB-ST-910) and Use Taxfor Individuals (including Estates and Trusts) (TB-ST-913). Part III — Record keeping Record-keeping rules Keep detailed Keeping good records of your business operation will help you prepare records of all sales accurate and complete sales tax returns. Your returns must show gross that are subject to sales, taxable sales, purchases subject to sales or use tax, sales and use taxes sales or use tax due for the specific locality in which the items or services were delivered to your customers, and other special taxes due. See also, Tax Bulletin Record-Keeping Requirements for Sales Tax Vendors (TB-ST-770) for information about record keeping. If you must register for sales tax purposes or if you have voluntarily registered, you must keep detailed records of all sales by jurisdiction. You must also maintain a method of associating an exempt sale to a particular purchaser with the exemption certificate you have on file for that sale or purchaser. If you issue exemption certificates when you make purchases, you must maintain records of these purchases that will substantiate the exempt use. Keep your records You must keep your records for a minimum of three years from the due for a minimum of date of the return to which they relate, or the date the return is filed, if later. three years You must make the records available to the Tax Department upon request. Sales records You must keep records of every sale, the amount paid, charged, or due on the transaction, and the sales tax that is due, if any. If you give a written receipt or other evidence of the sale to the purchaser, you must retain a copy of the receipt or other evidence. Otherwise, you must keep a daily 34 EFTA01129769 Publication 750 (6/10) record of all cash and credit sales in a daybook or similar journal. The records and supporting documentation you keep must provide sufficient detail to independently determine the taxable status of each transaction and the amount of tax due and collected. Delivery records You must maintain records that substantiate points of delivery of the taxable products or services you sell if delivery was made at a place other than your place of business. If you sell taxable products or perform taxable services within New York State, you must charge and collect the state's sales tax plus the sales tax due to the locality where the property or service is delivered. This is true regardless of where you made the sale. However, as indicated on pages 26 and 27 of this publication, for sales of motor vehicles and certain boats, the purchaser's place of residence generally controls the jurisdiction and rate of tax. If you deliver products or perform services outside New York State, there is no New York State sales tax liability, regardless of where you made the sale. However, if you are participating in the sales tax agreement with New Jersey, you must collect the applicable state and local sales tax on deliveries made in that state. In any case, your invoices must clearly show the place of delivery. In addition, you should keep documentation such as delivery receipts, parcel post receipts, bills of lading, driver log books, or, for deliveries outside the United States, a certified copy of the export declaration from the foreign freight forwarder. A vendor's charges for postage and handling to deliver taxable products or services are taxable, whether or not the vendor separately states the charges. Purchase records You must keep detailed records of the nature, type, value, and amount of all business purchases. You must be able to determine any sales and use tax due on the basis of these records. To fulfill this requirement, you must keep the purchase invoices and prepare a daily, weekly, or monthly analysis. Maintaining records If you maintain records in an electronic format, you may be required to give electronically the Tax Department access to your equipment, computer programs, and records. You must make your electronic records available and accessible to the Tax Department, even if the records are also maintained in a hard copy format. For more information, see TSB-M-09(17)S Amendments that Encourage Compliance with the Tax Law and Enhance the Tax Department's Enforcement Ability. 35 EFTA01129770 Publication 750 (6/10) A failure to keep If you fail to keep adequate records and your business is audited by the Tax adequate records Department, you could be held liable for substantial additional sales and could make you use taxes plus penalties and interest. The penalties include: liable for substantial additional tax, • a penalty of up to $1,000 for the first quarter or part of a quarter, if penalties and you fail to make or maintain records or make them available to the interest Tax Department. The penalty increases up to $5,000 for each subsequent quarter or part of a quarter that failure occurs; • a penalty of up to $1,000 for each quarter or part of a quarter, if you fail to make your records available in an auditable form; and • a penalty of up to $5,000 for each quarter or part of a quarter, if you maintain records in an electronic format and fail to make those records available and accessible to the Tax Department. In addition, your Certificate of Authority could be suspended or revoked, which means you may be out of business. See TSB-M-09(1715, Amendments That Encourage Compliance with the Tax Law and Enhance the Tax Department's Enforcement Ability, and Publication 900, Important Information for Business Owners, for additional information. Operators of If you are the operator of a parking facility in New York County parking facilities in (Manhattan), you have specific record-keeping requirements. If you operate Manhattan more than one parking facility in Manhattan, you must keep separate records for each facility. For more information about these requirements, see TP-832, Special Requirementsfor Parking Facility Operators Located in New York County (Manhattan) Made Permanent. Part IV — Filing your sales tax return Filing requirements You must file a sales As a registered sales tax vendor, you become a trustee for the State and tax return on time must file your sales and use tax returns on time. You also must remit any even if you did not tax due, including any tax that you have not yet collected from purchasers have any taxable on sales occurring during the filing period. You must file a sales and use sales or business tax return on time, even if you have no tax due during the filing period. purchases subject to Sales tax returns are generally due not later than 20 days after the period to use tax during the which they relate has ended. filing period If you fail to file a sales tax return on time, penalty and interest are generally calculated on the amount of tax due. However, a penalty, in the minimum amount of $50, will be imposed whether or not there is any tax 36 EFTA01129771 Publication 750 (6/10) due. Therefore, it is very important that you know the dates by which your returns must be filed, and that you remit any tax due on time. In order to reduce mailing costs, the Tax Department no longer mails sales tax returns. Registered sales tax vendors can Web File and remit any sales tax due through the Online Services section of our Web site. For more information on Web filing and the fill-in version of sales tax Form ST-101 New York State and Local Annual Sales and Use Tax Return, see page 38. Sales tax returns are also available on the Tax Department's Web site or by contacting us directly. For other sources of information regarding filing your sales tax return, please see Tax Bulletins Filing a Final Sales Tax Return (TB-ST-265) Filing Period Indicators on Final Sales Tax Returns (TB-ST-270), and Filing Requirementsfor Sales and Use Tax Returns (TB-ST-275). Quarterly filing When you first register, you will be classified as a quarterly filer unless you meet the conditions described under Annualfiling on page 38, which will automatically result in your being classified as an annual filer. The quarterly returns cover the periods March 1 through May 31, June 1 through August 31, September 1 through November 30, and December 1 through February 28 (29 in a leap year). As a result, if you are a quarterly filer, you will be required to file quarterly returns by June 20, September 20, December 20, and March 20. Monthly filing If the combined amount of your taxable sales and purchases subject to tax totals $300,000 or more in a quarter, you must file monthly returns. The change to monthly filing status is effective the first month following the quarter in which you exceed $300,000 or more in taxable transactions. Since the quarterly return that is used as the basis for determining when you must begin filing monthly may not be received by the Tax Department in time to change your filing status, it is your responsibility to notify the Tax Department of a change in your filing status, and file a return for the first month you are required to file monthly. You must continue to file monthly until your taxable sales and purchases are less than $300,000 for four consecutive quarters, at which time you may request a change to quarterly filing status. Monthly returns are due no later than 20 days after the month to which they apply. You must also file monthly if you are a distributor of automotive fuel and your sales of automotive fuel total 100,000 gallons or more in a quarter. Since the quarterly return that is used as the basis for determining when you are required to begin filing monthly may not be received by the Tax Department in time to change your filing status, it is your responsibility to notify the Tax Department of the change and file a return for the first month you are required to file monthly. You must continue to file monthly until sales of automotive fuel total less than 100,000 gallons in four consecutive quarters, at which time you may request a change to quarterly filing status. 37 EFTA01129772 Publication 750 (6/10) Annual filing You will automatically be classified as an annual filer if, on your registration application, you: • indicate that you do not expect to pay or collect any sales or use tax; and • describe your major business activity as a manufacturer or wholesaler. In addition, the Tax Department may later reclassify you as an annual filer if your total tax due for the four most recently filed quarterly periods (March through February) did not exceed $3,000. The Tax Department will notify you if you are reclassified as an annual filer. The annual return covers the period March 1 through February 28 (29 in a leap year). Since sales tax returns are generally due within 20 days after the end of the reporting period, you must file an annual return by March 20 each year. Web filing and You can Web File many sales tax returns and remit any sales tax due fill-in form through the Online Services section of our Web site. You will need to create an Online Services business account before you can Web File. EFT participants (see Remitting the tax due, page 40) and monthly filers are required to Web File and remit any tax due on Form ST-810, New York State and Local Quarterly Sales and Use Tax Return for Part-Quarterly (Monthly) Filers electronically. In addition, monthly filers are required to Web File Form ST-809, New York State and Local Sales and Use Tax Return for Part-Quarterly (Monthly) Filers. You can enroll in our subscription service on our Web site to receive prompt notification of additional online services and electronic filing requirements as they become available. A fill-in version of Form ST-101, is available for annual filers which can be filled in, printed, and filed with the Tax Department. For additional information on sales tax return filing options, visit the Tax Department's Web site at www.nystax.gov or contact us directly. Reproducing You may reproduce almost any New York State sales tax form (return or returns and schedule), but you must obtain prior approval if you choose to report your schedules sales taxes using either computer-produced returns or computer-generated returns. Computer-produced returns are returns that are designed and filled in by a computer peripheral device. Computer-generated returns consist of the form's data fields only, line by line, produced by a computer peripheral device on blank paper. While prior approval is not required for other methods of reproduction (photocopying), the reproduction must be substantially the same as the official original forms distributed by the Tax Department. See publication 77 Specificationsfor Reproduction of 38 EFTA01129773 Publication 750 (6/10) New York State Sales and Use Tax Forms, for more information on the reproduction of sales tax forms. Completing your sales and use tax return Your return is used Your return and any required schedules are used to summarize your to summarize your business activity. Use them to report your gross sales, your sales that are business activity subject to tax, your purchases on which you are required to pay use tax, and the total amount of the credits you are claiming on the return. You must also summarize the sales tax, use tax, and any special taxes you collected, or were required to collect, and compute the amount of sales and use tax you must remit with the return. Your return must There are over 80 separate jurisdictions (cities, counties, and school report your districts) statewide that impose local sales and use taxes. Your return and businesses' activities any required schedules are also used to report, for each of these by jurisdiction jurisdictions, the amounts of your sales and purchases by jurisdiction, and the amount of sales or use tax you owe for each jurisdiction. Therefore, you must know your gross sales and purchases, your taxable sales and purchases, the amount of tax you collected or were required to collect, and the jurisdiction in which these transactions occurred. Tax remitted based A business may keep its books using the cash or accrual methods of on accrual method accounting. No matter which record-keeping method you choose to record of accounting your business's transactions, you must report any sales made, and remit the applicable sales tax based on the accrual method of accounting. That is, you are required to report taxable sales and remit the tax due on the return covering the period in which the sales are made, regardless of whether your customer has paid you. Note: If you are a materialman (a supplier of building materials), see TSB-M-99(2)S, Materialmen - Pay When Paid, for information on the rules relating to when you may report and remit sales tax due using the cash method of accounting. Vendor collection If you file your return on time and remit the amount of sales and use tax credit due on time, you are entitled to claim a vendor collection credit on your return. The credit is equal to 5% of all taxes and fees collected and paid up to a maximum of $200 per quarter or longer period. For additional information on the vendor collection credit, see TSB-M-06(12)x, Summary of the 2006 Budget Legislation Relating to Sales Taxes. For another source of information regarding the vendor collection credit, see Tax Bulletin Vendor Collection Credit (TB-ST-925). 39 EFTA01129774 Publication 750 (6/10) Remitting the tax You must remit the tax due on or before the due date. Late filing or late due remittances will subject you to penalties and interest. In addition, a bad check or failed electronic withdrawal fee may be imposed for any amount due that is returned without payment. Certain large vendors must remit a portion of the state and local sales and use tax due for each period (including prepaid sales and use taxes due on motor fuel and diesel motor fuel) by electronic funds transfer (EFT) or certified check. We will notify you if you must make this type of payment. Taxpayers may also voluntarily enroll to remit payments by EFT. For more information about the EFT program, call (518) 457-2332 (in-state callers without free long distance call 1 800 338-0054) or visit our Web site at www.tatstate.nv.its/prompt. Mailing your sales Send your sales tax return to the address shown on the return. tax return In addition to the United States Postal Service, you may use certain private delivery services with the assurance that returns, payments, and other correspondence mailed on time will be considered filed on time. The private delivery services that are currently treated in the same manner as the United States Postal Service are listed in Publication 55 Designated Private Delivery Services. Part V — Show and entertainment promoters Show promoters A show promoter is A show promoter includes any person who, directly or indirectly, grants the a person who use of a location to any person for the display for sale or for the sale of organizes or taxable products or services, at four or more shows, or who operates four or operates a show by more shows, during a calendar year. An example of a person who indirectly granting the use of a grants such use of a location is a person who leases space to a person who location intends to operate a show. Show promoters may own or lease parking lots, shopping malls, hotels, or any other place where shows are held. Show promoters can be individuals, business groups, trade associations, government agencies, or nonprofit organizations. The term show includes flea markets, craft shows, antique shows, coin shows, stamp shows, comic book shows, fairs, and similar shows, whether the show is held regularly or is an occasional event, at which more than one vendor displays for sale, or makes sales of, taxable products or services. 40 EFTA01129775 Publication 750 (6/10) If, during a calendar If, during the calendar year, a show promoter operates four or more shows, year, you operate or leases property or space to others who, in the aggregate, operate four or four or more shows, more shows, the show promoter must register before the fourth show and or lease property or get a permit from the Tax Department to operate a show. However, a show space to others who promoter who operates fewer than four shows during a calendar year does operate four or not have to register as a show promoter with the Tax Department for that more shows, you year. must get a show permit A show is a single event lasting up to seven consecutive days. On the eighth consecutive day, a second show automatically begins; on the fifteenth consecutive day, a third show begins; and so forth. If there is a break between show dates, a new show automatically starts on the first day after the break. If one or more days of a show are rained out, or canceled due to some other uncontrollable event, the break does not automatically start a new show. Filing for a show A show promoter must file Form DTF-723 Application for Show Permit permit and Notice of Show, at least 10 days before the fourth show opens. Only one permit is required for all shows held at the same location during the calendar year, but the shows must be listed individually on the application and on the back of the permit. A show promoter must file Form DTF-723, at least 10 days before each additional show that is held at a different location, or for each show that is not listed on the permit held by the promoter. If the application for a show promoter's permit is approved, the Tax Department will send the applicant a validated Form DTF-724, Permit to Operate a Show, within five days after receiving a properly-completed application. The show promoter must display the validated permit at the main entrance to the show where everyone can see it. Responsibilities of a A show promoter cannot let anyone at the show offer for sale, or make show promoter sales of, taxable products or services unless that person is registered as a vendor with the Tax Department. A show promoter must, in addition, make sure that each vendor who is making sales of products or services at the show clearly displays a validated Certificate of Authority (for example, Form DTF-17A or DTF-17R). Record-keeping and Starting with the fourth show, the show promoter must keep a record of filing requirements each vendor who participates in the show. These records must have the following information for each vendor: name, address, New York State Certificate of Authority number (include vendors who claim that their sales are tax exempt), and amount of rent paid. These records must be kept for at least three years, unless the Tax Department gives permission for them to be destroyed earlier. A show promoter must file Form DTF-727 Report of Show, within 20 days after the end of the month in which a show is scheduled to be held. A 41 EFTA01129776 Publication 750 (MO) separate report must be filed for each show scheduled in that month. If the dates of a single show include the last day of one month and the first day of the next month, that show may be reported as though all dates of that show occurred in the second month. This report must be filed even if a scheduled show was canceled. Form DTF-727-I, Instructionsfor Form DTF-727, Report of Show, gives detailed instructions on how the report should be completed and filed. Form DTF-724, Permit to Operate a Show, must be returned along with Form DTF-727, that covers the last show date indicated on the permit. When a show has more than one promoter, each promoter must file Form DTF-727, but only one promoter needs to submit a list of participating vendors (as shown on the back of Form DTF-727). However, each promoter is responsible for ensuring that the list of participating vendors is submitted. Promoters who do not list participating vendors must include on their Form DTF-727, the names, addresses, and show permit numbers of the other promoters, and indicate which one is submitting the list of vendors. Entertainment promoters An entertainment An entertainment promoter includes any person who, directly or indirectly, promoter is an owns or operates a facility or site where entertainment events are held, and owner or operator who allows vendors to make sales of tangible personal property at an event. of a facility where An entertainment promoter may also be someone who, directly or entertainment indirectly, rents, leases, or grants a vendor a license to use space at an events are held entertainment event or who has management responsibility with respect to those vendors making sales at such event. An entertainment event includes a concert, an athletic contest or exhibition (other than an amateur sports competition), and other similar forms of entertainment such as a musical show, dramatic play, rodeo, auto race, or a dog show, where: • the persons performing at the event give less than four performances per week at the same location where the event occurs, or in the case of athletic contests or exhibitions between teams, no one team competes in more than four contests per year at that location; and • the facility or site where the event is held holds more than 1,000 people. Example: A professionalfootball team that plays 10 games a year at its home field hosts an out-of-state team to play a regular season game. This game is not considered to be an entertainment event because one of the teams competes at that location more than four times a year. 42 EFTA01129777 Publication 750 (6/10) The term entertainment event does not include events such as high school or college athletic games, little league games, or festivals featuring amateur sporting events. In the case of concerts, plays, shows or other similar forms of entertainment, the term entertainment event does not include an event that consists of four or more performances by the same person or persons during a weekly period at the same facility or site. Filing for an If sales of tangible personal property are going to be made at one or more Entertainment entertainment events, the promoter must file Form DTF-728 Application Promoter Certificate for Entertainment Promoter Certificate, at least 20 days before the first entertainment event is held. The Tax Department will, within 10 days after receiving a properly-completed Form DTF-728, send the entertainment promoter a validated Form DTF-729, Entertainment Promoter Certificate, if the application is approved. Only one certificate is required for all events held at the same location during the calendar year, and those events must be listed on the back of the permit. An entertainment promoter must file Form DTF-728 for each additional event held at a different location or for each event not listed on the original permit held by the promoter. Responsibilities of An entertainment promoter cannot let anyone at the entertainment event an entertainment offer for sale, or make sales of, taxable tangible personal property unless promoter that person is a registered vendor. The entertainment promoter must also make sure that each vendor making sales of taxable products at the event displays a validated Certificate ofAuthority (for example, DTF-17A or DTF-17R). Entertainment promoters who allow an unregistered vendor to make taxable sales of tangible personal property at an entertainment event may be subject to a substantial penalty. An entertainment promoter must keep records of the name, address, and Certificate ofAuthority number of every vendor that the entertainment promoter authorizes to make taxable sales, at each entertainment event for which he or she is a promoter. An entertainment promoter must also file Form DTF-730, Report of Entertainment Event, within 20 days after the end of the month in which an entertainment event was scheduled to be held. The entertainment promoter must file this report even if an event was canceled. Form DTF-730-I Instructionsfor Form DTF-730, provides detailed instructions on how to complete this report. If the dates of a single event include the last day of one month and the first day of the next month, that event may be reported as though the entire event occurred in the second month. Form DTF-729, Entertainment Promoter Certificate, must be returned with Form DTF-730, covering the last event date on the permit. 43 EFTA01129778 Publication 750 (6/10) These requirements apply to an entertainment promoter whether or not admissions are charged for the event, and whether or not any charges for admissions are taxable. If there is more than one entertainment promoter for any entertainment event, the requirement imposed on an entertainment promoter will be satisfied if any one promoter complies with the requirement. Part VI - Purchasing or acquiring a business or its assets: Caution Bulk sales transactions If you are acquiring If you are purchasing or otherwise acquiring some or all of the business business assets of an assets of an existing business other than in the ordinary course of the existing business, seller's business, you may be held personally liable for any sales taxes you may be held determined to be due the Tax Department from the seller. You may be held liable for any sales liable for the amount of the seller's unpaid sales taxes, up to the selling taxes that are due to price or fair market value of the assets purchased or acquired, whichever is the Tax Department greater. This applies whether the assets you are acquiring are tangible from the personal property, intangible property, or real property. seller/transferor The sale, transfer, or assignment of business assets, in whole or in part, other than in the seller's ordinary course of business by a person required to collect tax and pay over the same to the Tax Department is called a bulk sale transaction. If you are the purchaser, transferee, or assignee in a bulk sale transaction you will not be held liable for the seller's unpaid sales tax if you comply with the requirements listed below. Notify the Tax Department — You must notify the Tax Department of the pending bulk sale transaction at least 10 days before paying for or taking possession of any business assets, whichever occurs first, by filing Form AU-196.10 Notification ofSale, Transfer, or Assignment in Bulk. You must send Form AU-196.10 by registered mail to the address given on the form. While the seller is supposed to advise you of this notification requirement, the failure of the seller to give you this notification does not relieve you of liability for the seller's unpaid sales taxes. When the 106 day falls on a Saturday, Sunday, or legal holiday in New York State, notice will be considered timely if given on the next succeeding day which is not a Saturday, Sunday, or legal holiday in New York State. Withhold consideration payable to the seller until authorized by the Tax Department — Within five business days of receiving Form AU-196.10, the Tax Department will advise you as to whether it is possible that the seller has unpaid sales taxes. If the seller does not have any unpaid sales taxes and if an additional review or audit is not necessary, the Tax Department will issue to you Form AU-I97.1, Purchaser's and/or Escrow Agent's 44 EFTA01129779 Publication 750 (6/10) Release-Bulk Sale. If the seller has unpaid sales taxes or is selected for additional review or audit, the Tax Department will issue the purchaser Form AU-196.2, Notice of Claim to Purchaser. If you receive Form AU-197.1 — If you receive Form AU-I97.1, you may pay the seller the full purchase price. The Tax Department will not hold you liable for any unpaid sales taxes, even if there are outstanding warrants or judgments. If you receive Form AU-196.2 — If you receive Form AU-I96.2, you are advised not to pay the seller until the Tax Department completes its review of the seller's sales tax account. If the Tax Department does not issue Form AU-196.2 within five business days of the date of receipt of a properly-completed and timely-filed Form AU-196.10, the purchaser cannot be held liable for any of the seller's unpaid sales taxes unless there are outstanding warrants or judgments for unpaid sales taxes. For purposes of the Tax Department's obligation to respond within five business days, the date of receipt of Form AU-196.10 by the Tax Department will be the date it was actually delivered to the Bulk Sales Unit of the Audit Division, but no earlier than 10 days before the later of the scheduled date of sale or the actual date of sale. (The actual date of sale is deemed to be the earlier of the date of payment or taking possession of the business assets.) Within 90 days of the receipt of Form AU-I96.10, the Tax Department must notify you (and the seller) of the actual amount of sales taxes due from the seller for which you will be held liable. Upon receipt of Form AU-196.2, the purchaser may wish to consult a tax practitioner about the best course of action to take. The following examples illustrate common bulk sale transactions: Example 1: Corporation A, a person required to collect sales tax, sells its business assets to Corporation B. This sale is a bulk sale transaction. Example 2: Corporation A, a person required to collect sales tax, transfers all of its business assets to Corporation B in exchangefor stock in Corporation B. The transfer of Corporation A's assets to Corporation B is a bulk sale transaction. Example 3: Corporation A purchases all the issued and outstanding stock of Corporation B, a person required to collect sales tax. Corporation A and Corporation B will continue to exist as separate legal entities. Since the business assets of Corporation B have not been 45 EFTA01129780 Publication 750 (6/10) transferred in connection with the sale ofits stock, this is not a bulk sale transaction. Example 4: Corporation A, a person required to collect sales tax, sells its entire inventory which is purchased by Corporation Bfor resale. The sale by Corporation A is a bulk sale transaction. Example 5: Mr. Smith, a person required to collect sales tax, makes a gift ofall ofhis business assets to another person. This transfer is a bulk sale transaction. If you have any questions about the bulk sale requirements, call (518) 457-4164 from 8:00 ■. to 4:00 ■. (eastern time), Monday through Friday. Please have either the assigned bulk sales case number or the name and the sales tax identification number of the seller or the purchaser available when you call. In addition to the above bulk sale transaction notification requirements, if you intend to operate the business, you need to determine your registration requirements. For information on registering for sales tax purposes, see Part I of this publication. For information on other tax related registration requirements, see publication 20, New York State Tax Guide For New Businesses. You may owe sales In addition to your obligations and requirements with respect to the bulk tax on the business sale as described above, you are responsible for paying the sales tax due, if assets purchased any, on any tangible personal property purchased or otherwise acquired in a bulk sale transaction. Sales tax is not imposed on the sale of real property or intangible assets, such as goodwill. 46 EFTA01129781 Publication 750 (6/10) Appendix — List of common sales tax forms Sales tax registration: DTF-17 Application to Register for a Sales Tax Certificate of Authority Business account updates: DTF-95 Business Tax Account Update DTF-96 Report of Address Change for Business Tax Accounts Sales tax returns: ST-100 New York State and Local Quarterly Sales and Use Tax Return ST-I01 New York State and Local Annual Sales and Use Tax Return 5T-809 New York State and Local Sales and Use Tax Return for Part-Quarterly (Monthly) Filers ST-810 New York State and Local Quarterly Sales and Use Tax Return for Part-Quarterly (Monthly) Filers Sales tax exemption forms: ST-120 Resale Certificate ST-120.1 Contractor Exempt Purchase Certificate ST- 121 Exempt Use Certificate ST-124 Certificate of Capital Improvement Other sales tax forms: AU-11 Application for Credit or Refund of Sales or Use Tax AU-12 Application for Credit or Refund of Sales or Use Tax — Qualified Empire Zone Enterprise (QEZE) AU-196.10 Notification of Sale, Transfer, or Assignment in Bulk ST-130 Business Purchaser's Report of Sales and Use Tax ST-I40 Individual Purchaser's Annual Report of Sales and Use Tax 47 EFTA01129782 Publication 750 (6110) Need help? Text Telephone (TTY) Hotline (for persons with Internet access: www.nystax.gov MOOS• hearing and speech disabilities using a TTY): If you (for information, forms, and publications) • • • • have access to a TTY, contact us at 1 800 634-2110. sit • M• If you do not own a TTY, check with independent Fax-on-demand forms: Forms are living centers or community action programs to find available 24 hours a day. out where machines are available for public use. 7 days a week. 1 800 748-3676 fr Telephone assistance is available from 8:00E. to Persons with disabilities: In compliance with the 5:00 M. (eastern time), Monday through Friday. Americans with Disabilities Act, we will ensure that Business Tax Information Center: (518) 457-5342 our lobbies, offices, meeting rooms, and other facilities are accessible to persons with disabilities. If For in-state callers without free long distance: 1 800 972-1233 you have questions about special accommodations for persons with disabilities, call the information To order forms and publications: (518) 457-5431 center. For in-state callers without free long distance: 1 800 462-8100 NYS TAX DEPARTMENT W A HARRIMAN CAMPUS ALBANY NY 12227 EFTA01129783