Enlarge image | Arizona Department of Revenue Arizona Form Contractor’s Certificate 5005 Prime Contracting and MRRA The purpose of this Certificate is to provide a subcontractor with the validation required for prime contracting transaction privilege tax (TPT) exemption, and for exemption from liability for an amount equal to retail TPT on materials incorporated or fabricated into maintenance, repair, replacement or alteration (MRRA) projects. The Certificate can be provided for a particular project, for a period of time, or until revoked. This Certificate establishes liability of the contractor issuing it for the prime contracting TPT and/or the amount equal to the retail TPT; therefore, it must be completed by the contractor assuming the liability. The asterisked (*) items must be completed; otherwise, the Certificate is not valid. The Department may disregard this Certificate pursuant to A.R.S. § 42-5008.01 or A.R.S. § 42-5075.E if the Certificate is incomplete or erroneous. If disregarded, the subcontractor accepting the Certificate will have the burden of proving (pursuant to A.R.S. § 42-5008.01 or A.R.S. § 42-5075.D), that it is not liable for the prime contracting TPT and/or the amount equal to the retail TPT. Prime contractor should provide this Certificate to the subcontractor(s) and retain a copy for their records. A. Contractor * Name * TPT License Tribal Business License Tribal Number * Address City, Town or Post Office State ZIP Code AZ Contractor License Number Phone Number I am a Native American Contractor working on the reservation established for my tribe. (Provide your Tribal Business License or Tribal Number above.) I am performing contracting work for a Native American member or the Tribe for which the reservation is established named below. Name of Tribe B. Subcontractor * Name * TPT License # (if none, write “N/A - MRRA only”) * Address City, Town or Post Office State ZIP Code AZ Contractor License Number Phone Number C*. Type of Certificate (check one and provide requested information) Single Project Certificate Blanket Certificate (check applicable box and fill in requested *PROJECT DESCRIPTION information).* * (For example; Building Permit #, Address, Subdivision, OR Period From: Through: Book/Map/Parcel #s, and/or Legal Description) Until revoked * NOTE: Blanket Certificate indicates the prime contractor is responsible for every contract during the period regardless of contract designation. Specific Project Exclusion: Project Designation (see instructions for definitions) MRRA Modification Description: Designation: MRRA Modification I hereby certify that I am the contractor issuing this form or I have authority to sign this Certificate on behalf of Contractor. I understand that by executing this Certificate, Contractor is licensed for TPT purposes and is assuming the prime contracting TPT liability and/or the amount equal to retail TPT liability applicable to the above referenced project(s). SIGNATURE PRINT NAME TITLE DATE SIGNED ADOR 10313 (5/21) This Form Superseded All Other Form 5005’s Print Reset |
Enlarge image | Contractor’s Certificate Instructions GENERAL INSTRUCTIONS Component: One of the parts of a compound or In order to ensure the effectiveness of the Certificate, all required complex whole; helping to make up the whole of fields must be completed. something. A component may be part of a system. A. The “NAME”, “ADDRESS”, and “TPT LICENSE NUMBER” System: A regularly interacting or interdependent fields of the Contractor section must be completed. group of items (or components) forming a unified whole. The contractor is the entity responsible for the tax. Tangible personal property installed in existing A contractor who is Native American, working on the property: Property installed into existing real property reservation established for their tribe will mark the box that can still be identified after installation, that does not indicating this. lose its character and can be removed in essentially the same form. A contractor working for the Native American or the Tribe on the reservation established for the Tribe will mark the box Alteration: An activity or action that causes a direct indicating this. The name of the Tribe must also be included. physical change (e.g., adding or expanding square footage) to existing property that cannot be classified as B. The “NAME”, “ADDRESS”, and “TPT LICENSE” fields of the maintenance, repair or replacement and that is under the Subcontractor section must be complete. following thresholds. For residential property (see explanation below) the alteration amount is less than 25% C. Either the “Single Project Certificate” box or the “Blanket of the property’s value as determined by the county Certificate” box of the Type of Certificate section must be assessor. For commercial property (see explanation checked. below), the alteration amount is for less than $750,000. If the “Single Project Certificate” box is checked, the If the above thresholds are exceeded, then the project is a “PROJECT DESCRIPTION” must be supplied. The modification project (see below). project description must be sufficient to identify the Modification: Activities encompassing “ground up” location of the single project or the Certificate will be construction, grading and leveling ground, and wreckage deemed incomplete by the Department. or demolition, or other new contracting activity where none Additionally, if the “Single Project Certificate” box is previously existed to the extent such activity cannot checked, a project designation description must be otherwise be characterized as maintenance, repair, provided. See below for definitions. replacement or alteration (“MRRA”). If the “Blanket Certificate” box is checked, either the Residential: Existing property classified as class “From: Through:” box or the “Until revoked” box two property and that is used for residential purposes must be checked. If the “From: Through:” box is (see A.R.S. § 42-12002(1)(c)); class three property checked, the “From: Through:” dates must be (see A.R.S. § 42-12003), or class four property provided. The “Specific Project Exclusion” box is optional (see A.R.S. § 42-12004). and allows the “Prime Contractor” to exclude specific Commercial: All other existing property not classified as projects or time periods from the Blanket Certificate. residential (classes one, five, six, seven, eight, and If the “Specific Project Exclusion” box is checked, details nine). See A.R.S. §§ 42-12001, 42-12005, 42-12006, including the project’s description and designation or the 42-12007, 42-12008, and 42-12009. excluded time periods must be provided. The “SIGNATURE”, “TITLE”, “PRINT NAME” and RETROACTIVE EFFECT “DATE SIGNED” FIELDS of the Signature section If a Certificate is not signed contemporaneously with the must be completed. commencement of a contracting project intended to be within the Failure to complete these fields as specified may result in scope of the Certificate, the Department will accept the Certificate the Department disregarding the incomplete Certificate. as evidence of the alleged facts. However, the person receiving the Certificate may not receive the benefit of the Certificate if the Department determines that any of the facts set forth in the MRRA AND MODIFICATION DEFINITIONS Certificate are inaccurate. Maintenance: The upkeep of property or equipment. ASSUMPTION OF TPT LIABILITY Repair: Returning existing property to a usable state from In most instances, the entity assuming the transaction a partial or total state of inoperability or non-functionality. privilege tax liability for the contracting project(s) referenced in the Certificate will legally be the prime contractor Replacement: Removal from service of existing property for such project(s). However, in some instances such of a: (i) component; or (ii) system; or (iii) type of tangible entity may not legally be the prime contractor for such personal property, and replacement with another one that project(s). If an entity is not the prime contractor for such provides the: (i) same; or (ii) similar; or (iii) upgraded design project(s), the Certificate will nevertheless be effective and will or functionality; regardless of whether the existing subject such entity to the transaction privilege tax liability of the component or system or existing tangible personal entity receiving the Certificate. property is physically removed from the existing property. ADOR 10313 (5/21) This Form Superseded All Other Form 5005’s |