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 # * Address City, Town or Post Office State ZIP Code AZ Contractor License Number Phone Number 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 OR *PROJECT DESCRIPTION information).* * (For example; Building Permit #, Address, Subdivision, Book/Map/Parcel #s, and/or Legal Description) Period From: Through: Until revoked * NOTE: Blanket Certificate indicates the prime contractor is responsible for every contract during the period regardless of contract designation. Project Designation (see instructions for definitions) Specific Project Exclusion: 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 (4/20) This Form Superseded All Other Form 5005’s Print Reset |
Enlarge image | Contractor’s Certificate Instructions GENERAL INSTRUCTIONS In order to ensure the effectiveness of the Certificate, all required Tangible personal property installed in existing fields must be completed. property: Property installed into existing real property that can still be identified after installation, that does not A. The “NAME”, “ADDRESS”, and “TPT LICENSE NUMBER” lose its character and can be removed in essentially the fields of the Contractor section must be completed. same form. The contractor is the entity responsible for the tax. Alteration: An activity or action that causes a direct B. The “NAME”, “ADDRESS”, and “TPT LICENSE” fields of the physical change (e.g., adding or expanding square footage) Subcontractor section must be complete. to existing property that cannot be classified as maintenance, repair or replacement and that is under the C. Either the “Single Project Certificate” box or the “Blanket following thresholds. For residential property (see Certificate” box of the Type of Certificate section must be explanation below) the alteration amount is less than 25% checked. of the property’s value as determined by the county assessor. For commercial property (see explanation If the “Single Project Certificate” box is checked, the below), the alteration amount is for less than $750,000. “PROJECT DESCRIPTION” must be supplied. The If the above thresholds are exceeded, then the project is a project description must be sufficient to identify the modification project (see below). location of the single project or the Certificate will be deemed incomplete by the Department. Modification: Activities encompassing “ground up” construction, grading and leveling ground, and wreckage Additionally, if the “Single Project Certificate” box is or demolition, or other new contracting activity where none checked, a project designation description must be previously existed to the extent such activity cannot provided. See below for definitions. otherwise be characterized as maintenance, repair, If the “Blanket Certificate” box is checked, either the replacement or alteration (“MRRA”). “From: Through:” box or the “Until revoked” box Residential: Existing property classified as class must be checked. If the “From: Through:” box is two property and that is used for residential purposes checked, the “From: Through:” dates must be (see A.R.S. § 42-12002(1)(c)); class three property provided. The “Specific Project Exclusion” box is optional (see A.R.S. § 42-12003), or class four property and allows the “Prime Contractor” to exclude specific (see A.R.S. § 42-12004). projects or time periods from the Blanket Certificate. If the “Specific Project Exclusion” box is checked, details Commercial: All other existing property not classified as including the project’s description and designation or the residential (classes one, five, six, seven, eight, and excluded time periods must be provided. nine). See A.R.S. §§ 42-12001, 42-12005, 42-12006, 42-12007, 42-12008, and 42-12009. The “SIGNATURE”, “TITLE”, “PRINT NAME” and “DATE SIGNED” FIELDS of the Signature section must be completed. RETROACTIVE EFFECT If a Certificate is not signed contemporaneously with the Failure to complete these fields as specified may result in commencement of a contracting project intended to be within the the Department disregarding the incomplete Certificate. scope of the Certificate, the Department will accept the Certificate as evidence of the alleged facts. However, the person receiving MRRA AND MODIFICATION DEFINITIONS the Certificate may not receive the benefit of the Certificate if Maintenance: The upkeep of property or equipment. the Department determines that any of the facts set forth in the Certificate are inaccurate. Repair: Returning existing property to a usable state from a partial or total state of inoperability or non-functionality. ASSUMPTION OF PRIME CONTRACTING TPT Replacement: Removal from service of existing property LIABILITY of a: (i) component; or (ii) system; or (iii) type of tangible In most instances, the entity assuming the prime contracting personal property, and replacement with another one that transaction privilege tax liability for the prime contracting provides the: (i) same; or (ii) similar; or (iii) upgraded design project(s) referenced in the Certificate will legally be the prime or functionality; regardless of whether the existing contractor for such project(s). However, in some instances component or system or existing tangible personal such entity may not legally be the prime contractor for such property is physically removed from the existing property. project(s). If an entity is not the prime contractor for such project(s), the Certificate will nevertheless be effective and will Component: One of the parts of a compound or subject such entity to the transaction privilege tax liability of the complex whole; helping to make up the whole of entity receiving the Certificate. something. A component may be part of a system. System: A regularly interacting or interdependent group of items (or components) forming a unified whole. ADOR 10313 (4/20) This Form Superseded All Other Form 5005’s |