Enlarge image | Department of Taxation and Finance Instructions for Form ST-141 ST-141-I(2/24) Individual Purchaser’s Periodic Report of Sales and Use Tax Tax Bulletin Quick Reference Guide for Taxable and Exempt General information Property and Services (TB-ST-740). Casual sales and use tax Web File – You can now file and pay your sales and use tax online. Create an Online Services (You may be eligible for a credit for sales or use tax paid to account by visiting our website (see Need help?). another state. See Column D – Tax paid to another taxing jurisdiction below.) Who may use Form ST-141? However, you are not required to pay state or local sales or use • Individuals, estates, and trusts generally report unpaid sales tax on any property or service that you bring into New York State and use tax on their New York State personal income tax that you purchased outside of the state before you became a return (if one is being filed) or on Form ST-140, Individual resident of New York State. Purchaser's Annual Report of Sales and Use Tax. However, individuals, estates, and trusts may use Form ST-141 to report Additional local tax and pay sales or use tax on other than an annual basis, or to You may owe an additional local tax if you are a resident of a report an unpaid sales or use tax liability prior to the close of locality (county or city) at the time of purchase and you: their annual reporting period. • Individuals, estates, and trusts operating a business in • bring property into that locality which you purchased in another locality in New York State that has a lower tax rate; New York State as sole proprietors that are not registered or required to be registered for New York State sales tax, • bring property into that locality on which you had a taxable must report and pay sales or use tax on their New York State service performed in another locality in New York State that personal income tax return, Form ST-140, or Form ST-141. has a lower tax rate; or • Individuals, estates, and trusts must use Form ST-141 to • purchase a service (such as an information service) for use report and pay the 20% supplemental use tax on all retail in that locality which you purchased in another locality in New purchases of vapor products when the supplemental sales tax York State that has a lower tax rate. has not been paid. However, you are not required to pay any additional local tax Note: If you file an income tax return for the current year, do not on any property or service that you bring into a locality in New include any sales and use tax reported and paid with this form York State that you purchased outside that locality before you when completing that income tax return. became a resident of that locality. Who may not use Form ST-141? Vapor Products • An individual, estate or trust that is registered, or required A 20% supplemental sales tax is imposed on all vapor products to be registered, for sales tax purposes – All sales and sold at retail in New York State. The 20% supplemental tax is in use taxes owed with respect to business purchases must be addition to the state and local sales and use tax. reported and paid with periodic sales and use tax returns. Vapor product means noncombustible liquids and gels (with or • Businesses, such as corporations, partnerships, limited without nicotine) that are manufactured into a finished product liability companies, and limited liability partnerships for use in an electronic cigarette, cigar, cigarillo, pipe, vaping or operating in New York State that are not registered or hookah pen, or similar device. Vapor products do not include required to register for sales tax – These businesses must any product approved by the United States food and drug report their sales and use tax liability by filing Form ST-130, administration as a drug or medical device or manufactured and Business Purchaser’s Report of Sales and Use Tax. For dispensed as medical marijuana. more information, see Tax Bulletin Use Tax for Businesses (TB-ST-910). A 20% use tax is imposed on the purchaser when the supplemental sales tax has not been collected by the seller. • Anyone purchasing a motor vehicle, trailer, all-terrain The supplemental use tax on vapor products must be computed vehicle, vessel (boat), or snowmobile that must be separately from the state and local use tax on vapor products. registered or titled by the New York State Department of Motor Vehicles – You must pay the sales tax due directly to Example: Customer A, residing in a county where the tax rate the New York State Department of Motor Vehicles. See Tax is 8%, purchases a vapor product through a retail website for Bulletin Motor Vehicles, Vessels, and Trailers (TB-ST-590). $10 (including shipping) from a business that is not required to collect New York State sales tax. When do you owe sales or use tax? The use tax and supplemental tax due on the vapor product are New York State and local sales tax is imposed on taxable computed as follows: property and services purchased by or delivered to a New York State resident in New York State. In most instances, when Sales price of vapor product $10.00 you purchase a taxable item or service in the state, or if it is State and local use tax due at 8% ($10 x .08) .80 delivered to you in the state, the seller will collect sales tax from Supplemental use tax due at 20% ($10 x .20) 2.00 you. The seller will then remit the tax to the Tax Department. Customer A owes New York State $2.80 in tax. Use tax is imposed on taxable items or services used in New See TSB-M-19(3)S, Vapor Products Dealer Registration and York State when the sales tax has not been paid. If sales tax has Filing Requirements. not been collected by the seller on a taxable sale, or if taxable items or services are used in New York State and the New York Note: For purposes of these instructions, the word tax will be State and local sales tax has not been collected, you must report used to refer to either the sales tax or the use tax, or both. and remit the tax directly to the Tax Department. Peer-to-peer car sharing For purposes of use tax, taxable property or services are A 6% special tax is imposed on the gross receipts paid by a generally the same items or services that would be subject shared vehicle driver for the use of a shared vehicle under to New York sales tax if sold in New York State. For more a peer-to-peer car sharing program in New York State. information on taxable and exempt goods and services, see Peer-to-peer car sharing means the authorized use of a shared vehicle by an individual other than the vehicle’s owner through |
Enlarge image | Page 2 of 5 ST-141-I (2/24) a peer-to-peer car sharing program. It is presumed that every • While in Florida attending a business meeting, you purchase transfer of possession of a shared vehicle to a shared vehicle equipment that will be used by your business in New York driver anywhere in New York State is subject to the special tax State. The seller ships the equipment to your business. on peer-to-peer car sharing until the contrary is established. The seller does not collect New York State sales tax. You This special tax is in addition to the state and local sales and owe New York State and local use tax on the cost of the use taxes imposed on peer-to-peer car sharing. For more equipment, including any charge for shipping and handling. information, see TSB-M-22(1)S, Special Taxes on Peer-to-Peer • You buy a computer through a retail website from a business Car Sharing. that does not collect New York State sales tax. It is delivered to your business in New York State. You owe New York State Who is a New York State resident? and local use tax on the cost of the computer, including any Generally, for sales and use tax purposes, a resident includes charge for shipping and handling. anyone who maintains a permanent place of abode in New York • You take your stereo equipment to Connecticut to be State. You can be a resident of more than one locality, more than repaired. After it has been fixed, you bring it back to New York one state, or both. to use it in your home. You owe New York State and local use tax on the repair service. Permanent place of abode A permanent place of abode is a dwelling place that you or Purchases where the taxable property or services are another person maintains for your use on other than a temporary used in a different local taxing jurisdiction than where basis. they were purchased or delivered Local sales tax rates vary by jurisdiction (city, county, and so Your dwelling may be: on) within New York State. The amount of tax you owe for an • a home; item or service is generally determined by the rates in effect • an apartment or flat; where you live, or where your business uses the item or service. • a room, such as in a hotel, motel, boarding house, club, or Therefore, even though New York State and local sales tax may institutional residence hall; have been collected where you purchased an item or service, if the local tax was collected at a rate that is lower than the rate at • armed forces housing (on or off a military base or reservation); the location where you use the item or service, you will owe the • a trailer, mobile home, or houseboat; difference in use tax. However, if the local tax was collected at a • a second home; or rate that is higher than the rate in effect where you use the item or service, you are not entitled to a refund of the difference. • any other premises in New York State. Examples: Note: You may be a resident of more than one locality and state if you maintain multiple places of abode. • You purchase and pay sales tax on office supplies in a locality in New York State with a lower tax rate than the rate where For sales and use tax purposes, individuals, estates, and trusts your business uses the supplies. When you bring the supplies may be considered New York State residents even if they are not to your office, you will owe tax for the difference between the considered to be New York State residents for personal income rate in the locality of the business location where you use the tax purposes. supplies and the rate in the locality where you purchased and took delivery of the supplies. For example, persons maintaining a permanent place of abode in New York who do not spend more than 183 days a year in • You purchase and pay sales tax on merchandise in a the state, college students, and military personnel may all be locality in New York State with a lower tax rate than the rate residents for sales and use tax purposes even if they are not where you live and use the merchandise. When you bring residents for income tax purposes. the merchandise home, you will owe tax for the difference between the rate in the locality of your home and the rate in Conducting business in New York State the locality where you purchased the merchandise. An individual, estate, or trust conducting business in the state For additional information on use tax, see Tax Bulletin Use Tax owes sales or use tax on taxable property or services used in for Individuals (Including Estates and Trusts) (TB-ST-913). the business in New York State. What happens if I do not pay the sales or What purchases are subject to sales or use use tax due? tax? Failure to pay sales or use tax may result in the imposition Purchases of taxable property or services used in New York of penalty and interest. The Tax Department conducts both State when the sales tax has not been paid, including purchases routine and special audits to promote compliance. In addition, made outside of New York State that were delivered or brought the U.S. Customs Service provides the department with in for use in the state, are subject to sales or use tax. information from customs declarations filed by New York State Some common situations in which you may owe use tax include: residents returning from overseas travel. The department also obtains information on sales to New York State residents under • purchases of taxable property or services made outside of information exchange agreements with other states. New York State that you brought back to New York State; • purchases of taxable property or services made over the Instructions for Worksheets 1, 2, 3, and 4 Internet, from catalogs, or by phone from businesses that are Column A – Purchase price or taxable receipts located outside of New York State; The tax is generally computed on the consideration given, or • purchases of taxable property or services on an Indian contracted to be given, for an item or service, including any reservation (except for purchases subject to Oneida Nation shipping or handling charges the seller makes. Consideration is taxes). the dollar value of all amounts paid for any property or service, Examples: including: • You buy furniture in Massachusetts and you bring the furniture • money; to New York State to use in your home. You owe New York • bartered goods or services; State and local use tax on the furniture. • assumption of liabilities; • fees, rentals, royalties; |
Enlarge image | ST-141 -I (2/24) Page 3 of 5 • charges that a purchaser, lessee, or licensee is required to Code Exemption type Code Exemption type pay (such as a delivery charge); and • any other agreement for payment. 01 Attorney 02 Employee of attorney 03 CPA 04 Employee of CPA Six-month rule 05 PA (Public Accountant) 06 Employee of PA There are certain instances when a New York State resident's use tax is not based on the purchase price of the item or service. 07 Enrolled agent 08 Employee of enrolled agent If you used the item or services outside of New York State 09 Volunteer tax preparer 10 Employee of business for more than six months prior to bringing the item or service into New York State, the amount subject to tax is the lesser preparing that business’ of the purchase price, or the current market value at the time return you brought the item or service into New York State. In these instances, a lower amount of tax may be due. See our website for more information about the tax preparer registration requirements. Example: You are a New York State resident, and you have a camp in Vermont. You buy a lawn mower in Vermont to use at Be sure to keep a copy of your completed return for your the camp. A year later you bring the lawn mower into New York records. State for use at your home. Because the lawn mower was used outside New York State for more than six months, you would Fee for payments returned by banks owe use tax based on the fair market value of the lawn mower at If your payment is returned by a bank, the Tax Department is the time you brought it into New York State. allowed by law to charge a $50 fee for nonpayment. However, if the payment is returned as a result of an error by the bank Column B – Rate or department, the department will not charge the fee. If your The tax rate to use is determined as follows: payment is returned, we will send a separate bill for $50 for If the property or service is delivered to you in New York State, each return or other tax document associated with the returned the tax is computed at the combined state and local rate in effect payment. in the locality where the delivery occurs, regardless of where you reside. The rate that applies is the rate in effect at the time of Where to file delivery. Send your completed report and a check or money order If you are a New York State resident for sales and use tax payable in U.S. funds to New York State Sales Tax for the tax purposes and you purchase property or services outside due, to: New York State that you bring into New York State to your NYS SALES TAX PROCESSING jurisdiction of residence, compute the tax at the combined state PO BOX 15173 and local rate in effect where you reside. The rate that applies is ALBANY NY 12212-5173 the rate in effect at the time you brought the property or service into that jurisdiction. Private delivery services – If not using U.S. Mail, see Publication 55, Designated Private Delivery Services. In addition, if you use the property or service in another locality in New York State, you owe tax to the second locality if you were Privacy notification a resident of that locality at the time of the purchase, and its rate New York State Law requires all government agencies that is higher than the rate in effect where you made the purchase. maintain a system of records to provide notification of the legal authority for any request for personal information, the principal Column D – Tax paid to another taxing jurisdiction purpose(s) for which the information is to be collected, and If you paid state or local sales tax on your purchase of property where it will be maintained. To view this information, visit our or services outside of New York State, you may be eligible for website, or, if you do not have Internet access, call and request a credit against your New York State use tax for the tax paid to Publication 54, Privacy Notification. See Need help? for the Web the other state or local jurisdiction. To determine whether the tax address and telephone number. you paid qualifies for a credit against New York State and local tax, see Tax Bulletin Reciprocal Credit for Sales or Use Taxes Paid to Other Taxing Jurisdictions (TB-ST-765). If you bought the Need help? item or service in a locality in New York State other than the New York locality where you reside, the tax you paid at the time of purchase may be claimed as a credit against the tax due in the Visit our website at www.tax.ny.gov New York locality where you reside. Federal excise taxes and • get information and manage your taxes online customs duties and taxes and fees you paid in foreign countries • check for new online services and features are not allowed as a credit against any New York State or local sales or use tax that you owe. Telephone assistance Paid preparer’s responsibilities Sales Tax Information Center: 518-485-2889 Under the law, all paid preparers must sign and complete the To order forms and publications: 518-457-5431 paid preparer section of the form. Paid preparers may be subject to civil and/or criminal sanctions if they fail to complete this Text Telephone (TTY) or TDD Dial 7-1-1 for the section in full. equipment users New York Relay Service When completing this section, enter your New York tax preparer registration identification number (NYTPRIN) if you are required to have one. If you are not required to have a NYTPRIN, enter (Chart 1 is on page 4) in the Excl. code box one of the specified 2-digit codes listed below that indicates why you are exempt from the registration requirement. You must enter a NYTPRIN or an exclusion code. Also, you must enter your federal preparer tax identification number (PTIN) if you have one; if not, you must enter your Social Security number. |
Enlarge image | Page 4 of 5 ST-141-I (2/24) Chart 1 New York State Sales and Use Tax Rates by Jurisdiction The chart below shows the combined state and local tax New York City comprises five counties. These counties are also rates. Use these rates for your entries in the Worksheets on boroughs whose names are more widely known. The counties, Form ST-141. with borough names shown in parentheses, are Bronx (Bronx), Kings (Brooklyn), New York (Manhattan), Queens (Queens), and Richmond (Staten Island). Taxing Tax Taxing Tax Taxing Tax jurisdiction rate % jurisdiction rate % jurisdiction rate % Albany 8 Herkimer 8¼ Saratoga (outside the following) 7 Allegany 8½ Jefferson 8 Saratoga Springs (city) 7 Broome 8 Lewis 8 Schenectady 8 Cattaraugus (outside the following) 8 Livingston 8 Schoharie 8 Olean (city) 8 Madison (outside the following) 8 Schuyler 8 Salamanca (city) 8 Oneida (city) 8 Seneca 8 Cayuga (outside the following) 8 Monroe 8 Steuben 8 Auburn (city) 8 Montgomery 8 Suffolk 8⅝ Chautauqua 8 Nassau 8⅝ Sullivan 8 Chemung 8 New York City 8⅞ Tioga 8 Chenango (outside the following) 8 Niagara 8 Tompkins (outside the following) 8 Norwich (city) 8 Oneida (outside the following) 8¾ Ithaca (city) 8 Clinton 8 Rome (city) 8¾ Ulster 8 Columbia 8 Utica (city) 8¾ Warren (outside the following) 7 Cortland 8 Onondaga 8 Glens Falls (city) 7 Delaware 8 Ontario 7½ Washington 7 Dutchess 8⅛ Orange 8⅛ Wayne 8 Erie 8¾ Orleans 8 Westchester (outside the following) 8⅜ Essex 8 Oswego (outside the following) 8 Mount Vernon (city) 8⅜ Franklin 8 Oswego (city) 8 New Rochelle (city) 8⅜ Fulton (outside the following) 8 Otsego 8 White Plains (city) 8⅜ Gloversville (city) 8 Putnam 8⅜ Yonkers (city) 8⅞ Johnstown (city) 8 Rensselaer 8 Wyoming 8 Genesee 8 Rockland 8⅜ Yates 8 Greene 8 St. Lawrence (outside the following) 8 Hamilton 8 Ogdensburg (city) 8 (Chart 2 is on page 5) |
Enlarge image | ST-141 -I (2/24) Page 5 of 5 Chart 2 Local Sales and Use Tax Rates on Clothing and Footwear The chart below shows the local tax rates for jurisdictions that impose tax on purchases of clothing and footwear costing less than $110 per item or per pair, excluding shipping and handling. Use these rates for your entries in the worksheets on Form ST-141. If the rate for your locality is 0, no state or local tax is due on clothing and footwear costing less than $110. Sales of clothing and footwear costing $110 or more are subject to full state and local tax. Tax rate Tax rate Taxing jurisdiction % Taxing jurisdiction % Albany County 4 Onondaga County 4 Allegany County 4½ Ontario County 3½ Broome County 4 Orange County 4⅛ Cattaraugus County (outside the following) 4 Orleans County 4 Olean (city) 4 Oswego County (outside the following) 4 Salamanca (city) 4 Oswego (city) 4 Cayuga County (outside the following) 4 Otsego County 4 Auburn (city) 4 Putnam County 0 Chautauqua County 0 Rensselaer County 4 Chemung County 4 Rockland County 4⅜ Chenango County (outside the following) 0 St. Lawrence County (outside the following) 4 Norwich (city) 1½ Ogdensburg (city) 4 Clinton County 4 Saratoga County (outside the following) 3 Columbia County 0 Saratoga Springs (city) 3 Cortland County 4 Schenectady County 4 Delaware County 0 Schoharie County 4 Dutchess County 0 Schuyler County 4 Erie County 4¾ Seneca County 4 Essex County 4 Steuben County 4 Franklin County 4 Suffolk County 4⅝ Fulton County (outside the following) 4 Sullivan County 4 Gloversville (city) 4 Tioga County 0 Johnstown (city) 4 Tompkins County (outside the following) 4 Genesee County 4 Ithaca (city) 4 Greene County 0 Ulster County 4 Hamilton County 0 Warren County (outside the following) 3 Herkimer County 4¼ Glens Falls (city) 3 Jefferson County 4 Washington County 3 Lewis County 4 Wayne County 4 Livingston County 4 Westchester County (outside the following) 4⅜ Madison County (outside the following) 4 Mount Vernon (city) 4⅜ Oneida (city) 4 New Rochelle (city) 4⅜ Monroe County 0 White Plains (city) 4⅜ Montgomery County 4 Yonkers (city) 4⅞ Nassau County 4⅝ Wyoming County 4 New York City 0 Yates County 4 Niagara County 4 Oneida County (outside the following) 4¾ Rome (city) 4¾ Utica (city) 4¾ |