PDF document
- 1 -
                              New York State Department of Taxation and Finance
                              New York State and Local Sales and Use Tax                                                        ST-121.5 
                                                                                                                                           (7/11)
                              Exempt Use Certificate for Operators of
                              Internet Data Centers (Web Hosting)

                  Purchaser: Complete this form and give it to the seller.

                  Purchaser and seller: Read the instructions on the back before completing or accepting this form.

Seller’s information
 Name of seller 

 Street address                                                                City                                       State    ZIP code

Purchaser’s information
 Name of purchaser                                                                                      Certificate of Authority number 

 Street address                                                                City                                       State    ZIP code

 The Internet data center is located at the following address within New York State (if different from the address above):
 Street address                                                                City                                       State    ZIP code

 Mark an  Xin the appropriate box: 
                                       Single-purchase certificate                  Blanket certificate

 Part 1 — Exemptions for machinery and equipment
 This machinery, equipment, and other tangible personal property will be used in the operation of an Internet data center. It is            
 exempt from tax because:
 •  the property will be placed or installed in an Internet data center for use at the center, and
 •  it will be required for and directly related to the provision of Internet Web site services for sale by the operator of the center.

 Part 2 — Exemptions for services to Internet data center property
 The percentage of services provided only to the Internet data center is indicated on lines A, B, or C below. The percentage                
 indicated will be exempt from state and local sales and use tax. (See Part 2 instructions on back. You must indicate a percentage   
 (0- 100) for this certificate to be valid. If the service provided is completely related to the Internet data center, write 100%.)

 A                 %          Installing, maintaining, servicing, and repairing qualified tangible personal property

 B                 %          Maintaining, servicing, and repairing qualified real property

 C                 %          Protective services

Certification: I certify that the above statements are true, complete, and correct, and that no material information has been omitted. I 
make these statements and issue this exemption certificate with the knowledge that this document provides evidence that state and local 
sales or use taxes do not apply to a transaction or transactions for which I tendered this document and that willfully issuing this document 
with the intent to evade any such tax may constitute a felony or other crime under New York State Law, punishable by a substantial fine 
and a possible jail sentence. I understand that this document is required to be filed with, and delivered to the vendor as agent for the Tax 
Department for the purposes of section 1838 of the Tax Law and is deemed a document required to be filed with the Tax Department for the 
purpose of prosecution of offenses. I also understand that the Tax Department is authorized to investigate the validity of tax exclusions or 
exemptions claimed and the accuracy of any information entered on this document.
 Type or print name and title of owner, partner, or authorized person of purchase 

 Signature of owner, partner, or authorized person of purchase                             Date prepared



- 2 -
ST-121.5 (7/11) (back)
                                                                 Instructions
An operator of an Internet data center may use Form ST-121.5 to           subsequent purchases, and will remain in effect until the percentage 
purchase tangible personal property or services exempt from tax to        changes again.
the extent they are used in the operation of an Internet data center      If you cannot, in good faith, determine the exempt percentage, you 
located in this state. An operator of an Internet data center is a person must pay tax at the time of purchase and request a refund. If you 
that (i) provides Internet Web site services for sale and (ii) provides   estimate too high a percentage as exempt, you must pay tax on the 
at this center the Internet Web site services of uninterrupted Internet   portion that turns out to be taxable.
access to customers’ Web pages (twenty-four hours a day, seven days 
a week, three hundred sixty-five days a year) and continuous 
management of Internet traffic for the customers’ Web pages. An           To the seller
operator of an Internet data center that is primarily engaged at the data The purchaser must give you an exemption certificate with all required 
center in the retail sale of its own Internet access service (as defined  entries completed no later than 90 days after delivery of the property 
in section 1115(v) of the Tax Law) is not considered to be providing      or service sold, or the sale will be deemed to have been taxable at 
Internet Web site services for sale. Therefore, purchases by such an      the time of the transaction. If you receive a certificate after the 90-day 
operator do not qualify for exemption from tax. Primarily engaged         period, both you and the purchaser assume the burden of proving the 
means that more than 50% of the use of all the property in an Internet    sale was exempt. Additional substantiation may be required.
data center that would otherwise be exempt from tax as Internet data      In addition, if you fail to collect tax as a result of accepting an 
center property, is used for providing an Internet access service.        improperly completed exemption certificate, you become personally 
Complete all required entries on the front of the form and give it to the liable for the tax plus any penalty and interest charges due, unless 
seller.                                                                   the certificate is corrected within a reasonable period of time. You 
                                                                          must keep this exemption certificate for at least three years after the 
You may use Form ST-121.5 as a blanket certificate covering the first     due date of the last return to which it relates, or the date the return 
and subsequent purchases of the same general type of property or          was filed, if later. You must also maintain a method of associating 
service. However, each subsequent sales slip or purchase invoice          an exempt sale made to a particular customer with the exemption 
based on this blanket certificate must show the purchaser’s name and      certificate you have on file for that customer.
address.
Note: Contractors may purchase qualifying tangible personal               Misuse of this certificate 
property for use in an Internet data center exempt from tax only          Misuse of this exemption certificate may subject you to serious civil 
when the property is to be incorporated into the real property of the     and criminal sanctions in addition to the payment of any tax and 
Internet data center as a capital improvement. They may also make         interest due. These include:
tax-exempt purchases of services to install, maintain, service, or repair •  A penalty equal to 100% of the tax due;
tangible personal property used for Web hosting. See Form ST-120.1, 
Contractor Exempt Purchase Certificate.                                   •  A $50 penalty for each fraudulent exemption certificate issued;
                                                                          •  Criminal felony prosecution, punishable by a substantial fine and a 
Part 1 — Exemptions for tangible personal property                        possible jail sentence; and
You may purchase, exempt from tax, machinery, equipment, and other        •  Revocation of your Certificate of Authority, if you are required to be 
tangible personal property for use in the operation of the Internet data  registered as a vendor.
center. The tangible personal property that is covered by this 
exemption includes the following:                                         See TSB-M-09(17)S, Amendments that Encourage Compliance with 
                                                                          the Tax Law and Enhance the Tax Department’s Enforcement Ability, 
•  computer system hardware, such as servers and routers;                 for more information.
•  pre-written computer software;
•  storage racks and cages for computer equipment;                        Privacy notification
•  property related to building systems designed for an Internet data     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, 
center, such as interior fiber optic and copper cables;                   sections 5-a, 171, 171-a, 287, 308, 429, 475, 505, 697, 1096, 1142, and 1415 
•  property necessary to maintain the appropriate climate-controlled      of that Law; and may require disclosure of social security numbers pursuant to 
environment, such as air-filtration equipment, air-conditioning           42 USC 405(c)(2)(C)(i).
equipment, and vapor barriers;                                            This information will be used to determine and administer tax liabilities and, 
•  property related to fire control, such as fire-suppression equipment   when authorized by law, for certain tax offset and exchange of tax information 
and alarms;                                                               programs as well as for any other lawful purpose.
•  power generators and power conditioners;                               Information concerning quarterly wages paid to employees is provided to 
                                                                          certain state agencies for purposes of fraud prevention, support enforcement, 
•  property related to providing a secure environment, such as            evaluation of the effectiveness of certain employment and training programs and 
protective barriers;                                                      other purposes authorized by law.
•  property that constitutes raised flooring when installed; and          Failure to provide the required information may subject you to civil or criminal 
•  other similar property.                                                penalties, or both, under the Tax Law.
                                                                          This information is maintained by the Manager of Document Management, 
Part 2 — Exemptions for services to Internet data center                  NYS Tax Department, W A Harriman Campus, Albany NY 12227; 
property                                                                  telephone (518) 457-5181.
Certain services rendered directly to or in relation to Internet data 
center property are exempt from tax. If any of these services relate to 
property that is both taxable and exempt from tax, an allocation may be   Need help?
used to determine the portion of the total receipt that is exempt from 
tax. An allocation based on square footage is acceptable to the Tax           Internet access: www.tax.ny.gov
Department. However, an alternative allocation method may be chosen             (for information, forms, and publications)
by the purchaser of the services, provided the method is reasonable. 
Allocations that are based on time or property values are examples of        Sales Tax Information Center:                 (518) 485-2889
reasonable allocation methods.
                                                                             To order forms and publications:              (518) 457-5431
The services shown on lines A, B, and C may be purchased exempt               
only up to the percentage indicated on this certificate by the purchaser.    Text Telephone (TTY) Hotline
When this certificate is used as a blanket certificate, the percentage(s)     (for persons with hearing and
used should be reviewed periodically. If any percentage changes, a             speech disabilities using a TTY):           (518) 485-5082
new blanket certificate must be issued. The new certificate will cover 






PDF file checksum: 4015697220

(Plugin #1/9.12/13.0)