- 2 -
|
Instructions for Use of the Resale Certificate of Exemption (Form S-3)
(This exemption certificate does not apply to contractors)
This exemption certificate applies to the following:
This exemption certificate is not
• Purchase(s) of tangible personal property for the purpose for use by contractors. Materials
of resale purchased for use in construction do
• Purchase(s) by an organization which is religious, not qualify as purchases for resale.
educational, or scientific and is designated as a 501(c)(3) Contractors are required to pay sales
by the Internal Revenue Service tax on tangible personal property
• Purchase(s) by a Federal or Vermont governmental unit incorporated into real estate.
(direct payment)
• Purchase(s) by a volunteer fire department, ambulance
company or rescue squad
Please note: Civic, social, recreational, and business league organizations are not 501(c)(3) organizations, and
therefore cannot make exempt purchases.
Acceptance in “Good Faith”
A seller who accepts an exemption certificate in “good faith” is relieved of liability for collection or payment of
the Vermont Sales and Use Tax otherwise due on tangible personal property covered by the certificate. Good faith
depends upon a consideration of all the conditions surrounding the transaction. To receive an exemption in good
faith, a seller is presumed to be familiar with the law and the regulations pertinent to the business in which the
seller deals. In order for good faith to be established, all of the following conditions must be met:
a. The buyer must present the certificate prior to or at the time of the purchase of the property.
b. The certificate must contain no statement or entry which the seller knows, or has reason to know, is false or
misleading.
c. The certificate is on an exemption form issued by the Vermont Department of Taxes or a form with
substantially identical language.
d. The certificate must be dated and complete and in accordance with published instructions.
e. The Vermont Sales and Use Tax account number is provided on the certificate where applicable
f. The property to be purchased is of a type ordinarily used by the buyer for the purpose described on the
certificate.
Improper Certificate/Lack of Certificate
Sales of tangible personal property subject to tax which are not supported by properly executed exemption
certificates are taxable retail sales. The burden of proof that the tax was not required to be collected is upon
the seller.
Retention of Certificates by the Seller
Sellers must retain exemption certificates for at least three years from the date of the last sale covered by the
certificate to document why tax was not collected from the buyer.
Multiple Purchase Exemption Certificates
If the buyer presents a “Multiple Purchase” exemption certificate to the seller, it may be used only when purchasing
tangible personal property for use as indicated on this exemption certificate. F or each purchase covered by
the exemption certificate, the sales slip or invoice must show the buyer’s name and address sufficient to link the
purchase to the exemption certificate on file.
Other types of exemption certificates that may be applicable are available on our website at: http://tax.vermont.gov.
For questions regarding how these exemption certificates may be properly applied, please contact the
Vermont Department of Taxes at (802) 828-2551, option #3.
|