Enlarge image | Department of Taxation and Finance Instructions for Form ST-141 ST-141-I(10/24) Individual Purchaser’s Periodic Report of Sales and Use Tax General information Who may not use Form ST-141 New York State and local sales tax is imposed on taxable Do not use Form ST-141, if you are: tangible personal property (items) and services purchased by • an individual, estate, or trust that is registered or required to or delivered to a New York State resident in New York State. be registered for sales tax. Instead, use your periodic sales In most instances, if you purchase a taxable item or service in and use tax returns. the state or have it delivered to you in the state, the seller will collect sales tax from you. The seller will then send the tax to the • a business—such as a corporation, partnership, Tax Department. limited liability company (LLC), or limited liability Use tax is imposed on taxable items or services used in partnership (LLP)—operating in New York State that is New York State when the purchaser is a New York State resident not registered or required to be registered for sales tax. for sales and use tax and has not paid New York State and local Instead, use Form ST-130, Business Purchaser’s Report sales tax. If you purchase taxable items or services to use in of Sales and Use Tax, and see Tax Bulletin Use Tax for New York State and the seller has not collected New York State Businesses (TB-ST-910). and local sales tax from you, you must report and pay the tax • purchasing a motor vehicle, trailer, all-terrain vehicle, vessel directly to the Tax Department. (boat), or snowmobile that the New York State Department of In these instructions, the word tax may refer to sales tax, use Motor Vehicles (DMV) must register or title. Instead, pay the tax, or both. DMV directly and see Tax Bulletin Motor Vehicles, Vessels, and Trailers (TB-ST-590). Use Casual Sales and Use Tax Web File When to use Form ST-141 You can now file and pay your sales and use tax online. To Use Form ST-141, Individual Purchaser’s Periodic Report of Web File, log in or create an Individual Online Services account, Sales and Use Tax, to: visit www.tax.ny.gov (search create). • report and pay sales or use tax on other than an annual basis Who may use Form ST-141 (otherwise, you can report and pay this on your New York State personal income tax return); You may use Form ST-141, Individual Purchaser’s Periodic • report an unpaid sales or use tax liability prior to the close of Report of Sales and Use Tax, if you are an individual, estate, or your annual reporting period; trust: • that is not registered or required to be registered for New York • report and pay sales or use tax for a business you operate in State sales tax and is a New York State resident for sales tax New York State as a sole proprietor who is not registered or and use tax; or required to be registered for New York State sales tax; and • operating a business in New York State as a sole proprietor • report and pay the 20% supplemental use tax on retail that is not registered or required to be registered for New York purchases of vapor products. State sales tax. Note: If you file a New York State income tax return for the current year, do not include any sales and use tax you report New York State resident for sales and use tax and pay with this form on your return. Generally, a New York State resident for sales and use tax includes anyone who maintains a permanent place of abode in Purchases subject to sales or use tax New York State. Generally, taxable items or services subject to use tax are the A permanent place of abode is a dwelling place that you or same items or services subject to New York State and local another person maintains for your use on other than a temporary sales tax when sold in New York State. For more information on basis. Your dwelling may be: taxable and exempt goods and services, see Tax Bulletin Quick Reference Guide for Taxable and Exempt Property and Services • a home; (TB-ST-740). • an apartment, flat, or condominium Some common situations in which you may owe use tax include: • a room, such as in a hotel, motel, boarding house, club, or institutional residence hall; • purchases of taxable items or services made outside New York State that you brought back to New York State; • armed forces housing (on or off a military base or reservation); • purchases of taxable items or services made over the Internet, • a trailer, mobile home, or houseboat; or from catalogs, or by phone from businesses that are located • any other premises in New York State. outside New York State; If you maintain multiple places of abode, you may be a resident • purchases of taxable items or services on an Indian of more than one locality, more than one state, or both. reservation (except for purchases subject to Oneida Nation taxes). For sales and use tax, you may be a New York State resident even if you are not a New York State resident for personal Examples: income tax. For example, persons maintaining a permanent • You buy furniture in Massachusetts, and you bring the place of abode in New York State who do not spend more than furniture to New York State to use in your home. You owe 183 days a year in the state, college students, and military New York State and local use tax on the furniture. personnel may all be residents for sales and use tax even though they are not residents for personal income tax. • While in Florida attending a business meeting, you purchase equipment for your business to use in New York State. The seller ships the equipment to your business. The seller does not collect New York State sales tax. You owe New York State and local use tax on the cost of the equipment, including any charge for shipping and handling. |
Enlarge image | Page 2 of 4 ST-141-I (10/24) • You buy a computer through a retail website from a business Vapor products do not include any product: that does not collect New York State sales tax. It is delivered • approved by the United States Food and Drug to your business in New York State. You owe New York State Administration (FDA) as a drug or medical device; or and local use tax on the cost of the computer, including any charge for shipping and handling. • manufactured and dispensed as medical marijuana; or • You take your stereo equipment to Connecticut for repairs. • that is an adult-use cannabis product [for more information, visit www.tax.ny.gov (search: Adult-use cannabis products After it is fixed, you bring it back to New York State to use in tax)]. your home. You owe New York State and local use tax on the repair service. Example: Customer A, residing in a county where the tax rate is 8%, purchases a vapor product through a retail website for Note: You are not required to pay state or local sales or use tax $10 (including shipping) from a business that is not required to on any item or service that you bring into New York State that collect New York State sales tax. you purchased outside the state before you became a resident of New York State. The use tax and supplemental tax due on the vapor product are calculated as follows: Purchases where the taxable items or services are Sales price of vapor product $10.00 used in a different local taxing jurisdiction than where State and local use tax due at 8% ($10 x .08) .80 they were purchased or where they were delivered Supplemental use tax due at 20% ($10 x .20) 2.00 Local sales tax rates vary by jurisdiction within New York State. Customer A owes New York State $2.80 in tax. The amount of tax you owe for an item or service is generally determined by the rates in effect where you live or where your For more information, see TSB-M-19(3)S, Vapor Products business uses the item or service. If you purchase a taxable Dealer Registration and Filing Requirements. item or service and the seller collects the local tax at a rate that is lower than the rate at the location where you use the item or Peer-to-peer car sharing service, you will owe the difference in use tax. A 6% special tax is imposed on the gross receipts paid by a shared vehicle driver for the use of a shared vehicle under a You may owe this additional local use tax if you are a resident of peer-to-peer car sharing program in New York State. a locality (county or city) at the time of purchase and you: • bring items into that locality which you purchased in another Peer-to-peer car sharing means the authorized use of a shared locality in New York State that has a lower tax rate; vehicle by an individual other than the vehicle’s owner through a peer-to-peer car sharing program. It is presumed that every • bring items into that locality on which you had a taxable transfer of possession of a shared vehicle to a shared vehicle service performed in another locality in New York State that driver anywhere in New York State is subject to the special tax has a lower tax rate; or on peer-to-peer car sharing until the contrary is established. • purchase a service (such as an information service) for use This special tax is in addition to the state and local sales and in that locality which you purchased in another locality in New York State that has a lower tax rate. use taxes imposed on peer-to-peer car sharing. For more information, see TSB-M-22(1)S, Special Taxes on Peer-to-Peer However, if the seller collected the local tax at a rate that is Car Sharing. higher than the rate in effect where you use the item or service, you are not entitled to a refund of the difference. Penalty and interest Examples: If you do not pay the sales or use tax you owe, we may charge you penalty and interest. The Tax Department conducts both • You purchase and pay sales tax on office supplies in a locality routine and special audits to promote compliancen, the U.S. in New York State with a lower tax rate than the rate where Customs Service provides the department with information your business uses the supplies. When you bring the supplies from customs declarations filed by New York State residents to your office, you will owe tax for the difference between the returning from overseas travel. The department also obtains rate in the locality of the business location where you use the information on sales to New York State residents under supplies and the rate in the locality where you purchased and information exchange agreements with other states. took delivery of the supplies. • You purchase and pay sales tax on merchandise in a locality in New York State with a lower tax rate than the rate Specific instructions where you live and use the merchandise. When you bring Purchaser information the merchandise home, you will owe tax for the difference between the rate in the locality of your home and the rate in Enter the purchaser’s name, address, Social Security number, the locality where you purchased the merchandise. and, if applicable, employer identification number (EIN). For more information, see Tax Bulletin Use Tax for Individuals Lines A and B (Including Estates and Trusts) (TB-ST-913) Enter the date of your purchase and a description of the item or service you purchased. Vapor Products A 20% supplemental sales tax is imposed on all vapor products sold at retail in New York State. The 20% supplemental tax is in Calculation of total sales or use tax due addition to the state and local sales and use tax. Complete all applicable worksheets (instructions below) to calculate your total sales and use tax due. Vapor product means noncombustible liquids and gels (with or without nicotine) that are manufactured into a finished product for use in an electronic cigarette, cigar, cigarillo, pipe, vaping or hookah pen, or similar device. |
Enlarge image | ST-141 -I (10/24) Page 3 of 4 Worksheets 1, 2, 3, and 4 see Tax Bulletin Reciprocal Credit for Sales or Use Taxes Paid to Other Taxing Jurisdictions (TB-ST-765). Column A: Purchase price or taxable receipts The tax is generally calculated on the consideration given, or Generally, if you bought the item or service in a locality in New contracted to be given, for an item or service, including any York State other than the New York State locality where you shipping or handling charges the seller makes. Consideration is reside, you may claim the tax you paid at the time of purchase the dollar value of all amounts paid for any property or service, as a credit against the tax due in the New York State locality including: where you reside. Federal excise taxes and customs duties and taxes and fees you paid in foreign countries are not allowed as • money; a credit against any New York State or local sales or use tax that • bartered goods or services; you owe. • assumption of liabilities; • fees, rentals, royalties; Amount paid • charges that a purchaser, lessee, or licensee is required to On line 8, enter the amount you are paying with this form, which pay (such as a delivery charge); and should match the amount due on line 7. We will charge you penalty and interest if you do not pay the total amount due. • any other agreement for payment. Six-month rule Payment information If you used the item or services outside New York State for Make your check or money order payable in U.S. funds to more than six months prior to bringing the item or service into New York State Sales Tax. New York State, the amount subject to tax is the lesser of: • the purchase price, or Fee for payments returned by banks If your payment is returned by a bank, the Tax Department is • the market value at the time you brought the item or service allowed by law to charge a $50 fee for nonpayment. However, if into New York State. the electronic payment is returned as a result of an error by the bank or department, the department will not charge the fee. If In these instances, you may owe less tax. your payment is returned, we will send a separate bill for $50 for Example: You are a New York State resident, and you have a each return or other tax document associated with the returned camp in Vermont. You buy a lawn mower in Vermont to use at payment. the camp. A year later you bring the lawn mower into New York State for use at your home. Because the lawn mower was used Paid preparer’s responsibilities outside New York State for more than six months, you would Under the law, all paid preparers must sign and complete the owe use tax based on the fair market value of the lawn mower at paid preparer section of the form. Paid preparers may be subject the time you brought it into New York State. to civil and/or criminal sanctions if they fail to complete this section in full. Column B: Tax rate When completing this section, enter your New York tax preparer If the item or service is delivered to you in New York State, enter registration identification number (NYTPRIN) if you are required the combined state and local rate in effect at the time of delivery to have one. If you are not required to have a NYTPRIN, enter in the locality where the delivery occurs, regardless of where in the Excl. code box one of the specified 2-digit codes listed you reside. below that indicates why you are exempt from the registration If you are a New York State resident for sales and use tax and requirement. You must enter a NYTPRIN or an exclusion code. you purchased the item or service outside New York State to Also, you must enter your federal preparer tax identification bring into your New York State jurisdiction of residence, enter the number (PTIN) if you have one; if not, you must enter your combined state and local rate in effect where you reside. The Social Security number. rate that applies is the rate in effect at the time you brought the item or service into your jurisdiction of residence. Code Exemption type Code Exemption type In addition, if you use the item or service in another locality in 01 Attorney 02 Employee of attorney New York State, you owe tax to this other locality if: 03 CPA 04 Employee of CPA • you were a resident of the locality at the time of the purchase, 05 PA (Public Accountant) 06 Employee of PA and • its rate is higher than the rate in effect where you made the 07 Enrolled agent 08 Employee of enrolled agent purchase. 09 Volunteer tax preparer 10 Employee of business preparing that business’ To find the tax rates on clothing and footwear costing less than return $110 for your locality, see Publication 718-C, Sales and Use Tax Rates on Clothing and Footwear, visit www.tax.ny.gov (search: 718c). See our website for more information about the tax preparer registration requirements. To find the combined state and local rates for your locality, see Publication 718, New York State Sales and Use Tax Rates by Be sure to keep a copy of your completed return for your Jurisdiction, visit www.tax.ny.gov (search: 718). records. Note: The tax rates on vapor products and peer-to-peer car Where to file sharing are fixed statewide rates. Mail your completed form and payment to: Column D: Tax paid to another taxing jurisdiction NYS SALES TAX PROCESSING If you paid state or local sales tax on your purchase of items or PO BOX 15173 services outside of New York State, you may be eligible for a ALBANY NY 12212-5173 credit against your New York State use tax for the tax paid to the other state or local jurisdiction. To determine whether the tax you Private delivery services – If not using U.S. Mail, see paid qualifies for a credit against New York State and local tax, Publication 55, Designated Private Delivery Services. |
Enlarge image | Page 4 of 4 ST-141-I (10/24) Privacy notification New York State Law requires all government agencies that maintain a system of records to provide notification of the legal authority for any request for personal information, the principal purpose(s) for which the information is to be collected, and where it will be maintained. To view this information, visit our website, or, if you do not have Internet access, call and request Publication 54, Privacy Notification. See Need help? for the Web address and telephone number. Need help? Visit our website at www.tax.ny.gov • get information and manage your taxes online • check for new online services and features Telephone assistance Sales Tax Information Center: 518-485-2889 To order forms and publications: 518-457-5431 Text Telephone (TTY) or TDD Dial 7-1-1 for the equipment users New York Relay Service |