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                          New York State Department of Taxation and Finance

                          Instructions for Form AU-11                                                              AU-11-I
                                                                                                                                        (12/10)
                          Application for Credit or Refund of Sales or Use Tax

Qualified empire zone enterprise (QEZE)                                    •  All documentation must clearly identify the purchaser. Cash 
Special rules apply to applications for QEZE credits or refunds.           receipts, register tapes, or other forms of receipts or invoices 
                                                                           that don’t identify the purchaser may not be accepted.
•  To apply for QEZE credits or refunds based on purchases 
made after September 1, 2009, do not use this form.                        •  If the invoices and credit memoranda are voluminous, submit 
Instead, use  Form AU-12, Application for Credit or Refund                 a schedule or a summary in table form. It should contain 
of Sales or Use Tax – Qualified Empire Zone Enterprise                     information concerning these documents, such as invoice 
(QEZE).                                                                    number, date of invoice, name of purchaser or supplier, item 
                                                                           sold or purchased, amount of invoice excluding tax, amount 
•  To apply for QEZE credits or refunds based on purchases                 of tax billed, taxing jurisdiction where sale or purchase was 
made before September 1, 2009, you must use this form.                     made, and the reason the claimant is entitled to a credit or 
•  To claim a refund under Tax Law section 1119(a)(6) for                  refund.
tax paid on building materials used in construction,                         — We may request documentation to verify any schedule or 
expansion, or rehabilitation of real property located in an                summary you submit.
empire zone (EZ), use this form.
                                                                           • The supporting documents should include the vendor’s name 
Motor fuel and diesel motor fuel                                           and address. If they don’t, or if the transaction took place 
                                                                           somewhere other than the vendor’s address, you must:
Do not use Form AU-11 to apply for a refund of tax paid on 
qualifying purchases of motor fuel or diesel motor fuel. Use                 — include the vendor’s name and location;
Form FT-500, Application for Refund of Sales Tax Paid on                     — include the location where the transaction took place 
Automotive Fuels.                                                          (generally where you took title or possession); and  
                                                                             — include the invoices showing the tax you paid.
Applicants not registered with the Department of 
                                                                           Claims based on exemption certificates 
Taxation and Finance
                                                                           •  If your customer gave you an exemption certificate after you 
•  Complete all applicable items.                                          remitted the tax with your return, you must include with your 
•  Explain the basis for the refund claim in detail and send               claim copies of the original invoice(s), exemption certificate, 
legible copies of all supporting documents (for example:                   and credit memoranda.  
invoices, receipts, proof of payment of tax, etc.). You must               •  If your customer originally paid you sales or use tax and 
submit documents in a format that allows the Tax Department                subsequently submitted an exemption certificate requesting a 
to determine the correct jurisdiction and amount for each                  credit or refund of the sales or use tax, you must include with 
credit or refund claimed.                                                  your claim proof that you repaid the tax to the customer, such 
•  We may return your application if your form is incomplete               as a copy of the canceled check.                                              
and cannot be processed. If you don’t provide necessary 
supporting documents, we will deny your application.                       Contractors 
•  All documentation for purchases on behalf of an                         A contractor claiming a credit or refund for sales or use tax paid 
organization, business, or for a business purpose must                     on a purchase of certain tangible personal property must send, 
clearly identify the purchaser. Cash receipts, register tapes,             for each transaction, a summary in table form detailing specific 
or other forms of receipts or invoices that don’t identify the             information. This refers to tangible personal property that: 
purchaser may not be accepted.                                             •   became a physical component part of the property upon 
•  If you’re claiming a refund for sales tax because you’re an             which a taxable service, such as a repair, was performed or 
exempt organization, you must attach a copy of Form ST-119,                •   was resold by way of a retail sale. 
Exempt Organization Certificate. If you don’t have sales tax 
exempt status in New York State, contact the Sales Tax                     The information to be reported on each summary must include 
Information Center for an application.                                     date of sale, name of customer, locality, amount of invoice 
                                                                           (excluding sales tax), tax collected, cost of materials used, 
Applicants registered with the Department of                               tax paid on materials that qualify for the credit or refund, 
Taxation and Finance                                                       and a description of these materials. We may request 
                                                                           documentation to verify any summaries you submit.
•  Complete all applicable items.
•  If you want to apply part of your claim as a credit on a sales          Interest 
tax return and you’re requesting the balance as a refund,                  Generally, even if otherwise eligible, you won’t receive interest if 
state these amounts separately in the applicable boxes.                    we process your claim for credit or refund within three months 
•  Explain the basis of your claim for credit or refund in detail          of the date we receive it in processible form. If we don’t process 
and send legible copies of all supporting documents (for                   your claim within three months, you may be entitled to interest, 
example: invoices, receipts, proof of payment of tax, etc.).               provided you filed your Form AU-11 in processible form. If we 
You must submit documents in a format that allows the Tax                  determine you are entitled to interest, we will calculate it from 
Department to determine the correct jurisdiction and amount                the date you filed Form AU-11 in processible form.
for each credit or refund claimed.
•  We may return your application if your form is incomplete 
and cannot be processed. If you don’t provide necessary 
supporting documents, we will deny your application. 



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Page 2 of 2 AU-11-I (12/10)

Representative
If an outside individual or firm prepared the application (not the 
applicant or the owner, partner or an officer of the business 
listed as the applicant) the name and address should be 
included under Representative’s name and Representative’s 
mailing address. The representative’s signature and the 
identification number of the firm should be included under 
Representative’s signature and Representative’s ID number. 
The representative must file a properly completed Form POA-1, 
Power of Attorney, authorizing him/her to act on the applicant’s 
behalf and to receive information pertaining to the application 
for credit or refund. Form POA-1 is available on our web site 
(see Need help? .)  

When to file your application
Generally, you must submit your application within three years 
from the date the tax was payable to the Tax Department, or 
two years from the date the tax was paid, whichever is later.    

Where to file your application
Mail this form and all required substantiation and 
documentation to:
                    NYS TAX DEPARTMENT
                    TDAB - SALES TAX REFUNDS
                    W A HARRIMAN CAMPUS
                    ALBANY NY 12227

Privacy notification
The Commissioner of Taxation and Finance may collect and 
maintain personal information pursuant to the New York State 
Tax Law, including but not limited to, sections 5-a, 171, 171-a, 
287, 308, 429, 475, 505, 697, 1096, 1142, and 1415 of that Law; 
and may require disclosure of social security numbers pursuant 
to 42 USC 405(c)(2)(C)(i).
This information will be used to determine and administer tax 
liabilities and, when authorized by law, for certain tax offset and 
exchange of tax information programs as well as for any other 
lawful purpose.
Information concerning quarterly wages paid to employees 
is provided to certain state agencies for purposes of fraud 
prevention, support enforcement, evaluation of the effectiveness 
of certain employment and training programs and other 
purposes authorized by law.
Failure to provide the required information may subject you to 
civil or criminal penalties, or both, under the Tax Law.
This information is maintained by the Manager of Document 
Management, NYS Tax Department, W A Harriman Campus, 
Albany NY 12227; telephone (518) 457-5181.

Need help?

        Internet access: www.tax.ny.gov
          (for information, forms, and publications)

       Sales Tax Information Center:       (518) 485-2889
       To order forms and publications:    (518) 457-5431
        
       Text Telephone (TTY) Hotline
        (for persons with hearing and
         speech disabilities using a TTY): (518) 485-5082






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