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                   Department of Taxation and Finance
                   New York State and Local Sales and Use Tax                                                         ST-120.1
                                                                                                                                  (5/24)
                   Contractor Exempt Purchase Certificate
                To be used only by contractors who are registered with the Tax Department for sales tax purposes.

                To vendors:
                You must collect tax on any sale of taxable property or services unless the contractor gives you a properly 
                completed exempt purchase certificate not later than 90 days after the property is sold or service is 
                rendered. In addition, you must keep the certificate for at least three years, as explained in the instructions.

This form cannot be used to purchase motor fuel or diesel motor fuel exempt from tax.
To contractors and vendors: Read the instructions on pages 3 and 4 carefully before completing or accepting this certificate.
 Name of seller                                                    Name of purchasing contractor

 Street address                                                    Street address

 City                              State             ZIP code      City                             State                       ZIP code

  1.  I have been issued a New York State Certificate of Authority,                                                             , to collect
                                                                          (enter your sales tax identification number)
   New York State and local sales and use tax, and that certificate has not expired or been suspended or revoked.
  2.  The tangible personal property or service being purchased will be used on the following project:

      located at

      for and with

      pursuant to prime contract dated                                    .

  3.  These purchases are exempt from sales and use tax because:
      (Mark an Xin the appropriate box; for further explanation, see items A     through S   in the instructions on pages 3 and 4.)
       A.  The tangible personal property will be used in the             C.  The tangible personal property will be used:
                above project to create a building or structure or               •  in an Internet data center when the property 
                to improve real property or to maintain, service,                   is to be incorporated as part of a capital 
                or repair a building, structure, or real property,                  improvement; or
                owned by an organization exempt under Tax Law 
                section 1116(a). (For example,New York State                     directly and predominantly in connection 
                government entities, United States governmental                     with telecommunications services for sale or 
                entities, United Nations and any international                      Internet access services for sale; or
                organization of which the United States is                        directly and predominantly by a television or 
                a member, certain posts or organizations of                         radio broadcaster in connection with producing or 
                past or present members of the armed forces,                        transmitting live or recorded programs.
                and certain nonprofit organizations and Indian 
                nations or tribes that have received New York             D.  The tangible personal property, including 
                State sales tax exempt organization status.)                     production machinery and equipment, is for 
                The tangible personal property will become                       installation in the above project and will remain 
                an integral component part of such building,                     tangible personal property after installation.
                structure, or real property.                              E.  The tangible personal property will become an 
                                                                                 integral component part of a building, structure, 
       B.  The tangible personal property is production 
                                                                                 or real property, used predominantly (more than 
                machinery and equipment, and it will be 
                                                                                 50%) either in the production phase of farming or 
                incorporated into real property.
                                                                                 in a commercial horse boarding operation, or in 
                                                                                 both.

       Note: This certificate is not valid unless the purchaser completes the certification on page 2.



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Page 2 of 4  ST-120.1 (5/24)

           F.  The machinery or equipment will be used directly              K.  The tangible personal property will be used in 
              and predominantly to control, prevent, or abate                                 a project for an exempt Housing Development 
              pollution or contaminants from manufacturing or                                 Fund Corporation (HDFC). 
              industrial facilities.
                                                                             L.  The tangible personal property is residential 
           G. The tangible personal property is residential or                                energy storage systems equipment. See 
              commercial solar energy systems equipment.                                      instructions. 
              (Note: Item G purchases are exempt from 
              the 4% New York State tax rate and from the                    M. The services are for the project described 
              ⅜% MCTD rate. Item G purchases may be                                           in line 2 on page 1 and will be resold. (This 
              exempt from local taxes. See instructions.)                                     includes trash removal services in connection 
                                                                                              with repair services to real property.)
           H.  The tangible personal property will be used 
              directly and exclusively in adding to, altering, or            N.  The services are to install, maintain, service, 
              improving a qualifying tenant’s leased premises                                 or repair tangible personal property used in an 
              for use as commercial office space in Eligible                                  Internet data center, for telecommunication or 
              Area A or B as described in TSB‑M‑05(12)S,                                      Internet access services, or for radio or television 
              Sales and Use Tax Exemptions on Certain                                         broadcast production or transmission.
              Purchases of Tangible Personal Property                        O. The services are to install, maintain, service, 
              and Services for Leased Commercial Office                                       or repair tangible personal property that will be 
              Space in Lower Manhattan, provided that the                                     used predominantly either in farm production or 
              tangible personal property becomes an integral                                  in a commercial horse boarding operation, or in 
              component part of the building in which the                                     both provided such tangible personal property 
              leased premises are located, and where such                                     will become an integral component part of such 
              property is purchased during the first year of the                              structure, building, or real property.
              qualifying tenant’s lease and delivered to the 
              leased premises no later than 90 days after the                P.  The services are to install residential or 
              end of that first year.                                                         commercial solar energy systems equipment.
           I.The tangible personal property is machinery                     Q. The services are to install tangible personal 
              or equipment used directly and predominantly                                    property purchased during the first year of the 
              in loading, unloading, and handling cargo at a                                  qualifying tenant’s lease and delivered to the 
              qualified marine terminal facility in New York City.                            leased premises no later than 90 days after 
              This exemption does not apply to the local tax in                               the end of that first year, that will be used 
              New York City.                                                                  directly and exclusively in adding to, altering, or 
                                                                                              improving a qualifying tenant’s leased premises 
           J.  The tangible personal property is commercial                                   for use as commercial office space in Eligible 
              fuel cell systems equipment. (Note: Item J                                      Area A or B as described in TSB‑M‑05(12)S.
              purchases are exempt from the 4% New York 
              State tax rate and from the ⅜% MCTD rate.                      R.  The services are to install or maintain 
              Item J purchases may be exempt from local                                       commercial fuel cell systems equipment.
              taxes. See instructions.)                                      S.  The services are to install residential energy 
                                                                                              storage systems equipment.

Caution: Contractors may not use this certificate to purchase services tax exempt unless the services are resold to 
customers in connection with a project. Construction equipment, tools, and supplies purchased or rented for use in 
completing a project but that do not become part of the finished project may not be purchased exempt from tax through 
the use of this certificate.

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 Tax Law section 1838 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 purchasing contractor

 Signature of owner, partner, or authorized person of purchasing contractor                                 Date prepared

                             Substantial penalties will result from misuse of this certificate.



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                                                                                                      ST-120.1 (5/24) Page 3 of 4 
                                                           Instructions
To the purchasing contractor                                          personal property used by a broadcaster directly and 
                                                                      predominantly to transmit live or recorded programs. 
Only a contractor who has a valid Certificate of Authority            (Examples of exempt machinery and equipment include 
issued by the Tax Department may use this exempt purchase             amplifiers, transmitters, and antennas.)
certificate. The contractor must present a properly completed 
certificate to the vendor to purchase tangible personal property,  D.  Installed or placed in the project in such a way that it 
or to a subcontractor to purchase services tax exempt. This           remains tangible personal property after installation. The 
certificate is not valid unless all entries have been completed.      contractor must collect tax from its customer when selling 
                                                                      such tangible personal property or related services to the 
The contractor may use this certificate to claim an exemption         customer, unless the customer gives the contractor an 
from sales or use tax on tangible personal property or services       appropriate and properly completed exemption certificate.
that will be used in the manner specified in items A through S 
below. The contractor may not use this certificate to purchase     E.  Going to become an integral component part of a structure, 
tangible personal property or services tax exempt on the basis        building, or real property used predominantly (more than 
that Form ST-124, Certificate of Capital Improvement, has been        50%) either in the production phase of farming or in a 
furnished by the project owner to the contractor.                     commercial horse boarding operation, or in both, for which 
                                                                      the customer has provided the contractor a completed 
The contractor must use a separate Form ST‑120.1, Contractor          Form ST-125, Farmer’s and Commercial Horse Boarding 
Exempt Purchase Certificate, for each project.                        Operator’s Exemption Certificate.
Purchase orders showing an exemption from the sales or use            Machinery or equipment used directly and predominantly 
tax based on this certificate must contain the address of the      F. 
                                                                      to control, prevent, or abate pollution or contaminants from 
project where the property will be used, as well as the name and      manufacturing or industrial facilities.
address of the project owners (see page 1 of this form). Invoices 
and sales or delivery slips must also contain this information     G. Residential or commercial solar energy systems equipment. 
(name and address of the project for which the exempt                 Residential solar energy systems equipment means an 
purchases will be used or where the exempt services will be           arrangement or combination of components installed in a 
rendered, as shown on page 1 of this form).                           residence that utilizes solar radiation to produce energy 
                                                                      designed to provide heating, cooling, hot water, and/or 
Use of the certificate                                                electricity. Commercial solar energy systems equipment 
Note: Unless otherwise stated, the customer must furnish the          means an arrangement or combination of components 
contractor a properly completed Form ST-121, Exempt Use               installed upon nonresidential premises that utilize solar 
Certificate.                                                          radiation to produce energy designed to provide heating, 
                                                                      cooling, hot water, or electricity. The exemption is allowed 
This certificate may be used by a contractor to claim exemption       on the 4% New York State tax rate and where applicable, 
from tax only on purchases of tangible personal property              the ⅜% MCTD rate. The exemption does not apply to local 
that is:                                                              taxes unless the locality specifically enacts the exemption. 
A.   Incorporated into real property under the terms of a contract    The customer must furnish the contractor a completed 
   entered into with an exempt organization that has furnished        Form ST-121 by completing the box marked Other (U.). 
   the contractor with a copy of Form ST‑119.1, Exempt                For the definition of residence and for an exception relating 
   Organization Exempt Purchase Certificate, governmental             to recreational equipment used for storage, as well as for 
   purchase order, or voucher.                                        other pertinent information, see TSB‑M‑05(11)S, Sales and 
                                                                      Use Tax Exemption for Residential Solar Energy Systems 
B.  Production machinery or equipment that will be incorporated       Equipment. For the definition of nonresidential premises, 
   into real property.                                                as well as other pertinent information, see TSB‑M‑12(14)S, 
C. Used in one of the following situations:                           Sales and Use Tax Exemption for the Sales and Installation 
                                                                      of Commercial Solar Energy Systems Equipment.
   •  Machinery, equipment, and other tangible personal 
     property related to providing website services for sale to    H. Delivered and used directly and exclusively in adding to, 
     be installed in an Internet data center when the property        altering, or improving a qualifying tenant’s leased premises 
     is to be incorporated as part of a capital improvement.          for use as commercial office space in Eligible Area A or 
     The customer must furnish the contractor a completed             B as described in TSB‑M‑05(12)S, Sales and Use Tax 
     Form ST-121.5, Exempt Use Certificate for Operators of           Exemptions on Certain Purchases of Tangible Personal 
     Internet Data Centers (Web Hosting).                             Property and Services for Leased Commercial Office Space 
   •  Used directly and predominantly in the receiving,               in Lower Manhattan, provided that the tangible personal 
     initiating, amplifying, processing, transmitting,                property becomes an integral component part of the building 
     re-transmitting, switching, or monitoring of switching of        in which the leased premises are located, and where such 
     telecommunications services for sale, or Internet access         property is purchased within the first year of the qualifying 
     service for sale.                                                tenant’s lease.
   •  Machinery, equipment, and other tangible personal            I. Machinery and equipment used at qualified marine terminal 
     property (including parts, tools, and supplies) used by a        facilities located in New York City. The machinery and 
     television or radio broadcaster directly and predominantly       equipment must be used directly and predominantly in 
     in the production and post-production of live or recorded        loading, unloading, and handling cargo at marine terminal 
     programs used by a broadcaster predominantly for                 facilities located in New York City that handled more than 
     broadcasting by the broadcaster either over -the- air or         350,000 twenty foot equivalent units (TEUs) in 2003. For 
     for transmission through a cable television or direct            purposes of this exemption, the term TEU means a unit of 
     broadcast satellite system. (Examples of exempt                  volume equivalent to the volume of a twenty-foot container. 
     machinery and equipment include cameras, lights, sets,           This exemption does not apply to the local tax in New York 
     costumes, and sound equipment.) This exemption also              City.
     includes machinery, equipment, and other tangible 



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Page 4 of 4  ST-120.1 (5/24)
J.  Commercial fuel cell systems equipment. Commercial              R.  Installing or maintaining commercial fuel cell systems 
   fuel cell systems equipment means an electric generating           equipment (described in item J above).
   arrangement or combination of components that is 
   installed upon nonresidential premises and utilizes solid        S.  Installing residential energy storage systems equipment 
   oxide, molten carbonate, a proton exchange membrane,               (described in item L above).
   phosphoric acid, or a linear generator to provide heating, 
   cooling, hot water, or electricity. The exemption is allowed     Misuse of this certificate
   on the 4% New York State tax rate and the ⅜% MCTD                Misuse of this exemption certificate may subject you to serious 
   rate, if applicable. The exemption does not apply to local       civil and criminal sanctions in addition to the payment of any tax 
   taxes unless the locality specifically enacts the exemption.     and interest due. These include:
   The customer must furnish the contractor a completed 
   Form ST-121 by completing the box marked Other (U.). See           a penalty equal to 100% of the tax due;
   TSB‑M‑16(3)S, Sales and Use Tax Exemptions Related               a $50 penalty for each fraudulent exemption certificate issued;
   to Commercial Fuel Cell Systems Equipment, for more                criminal felony prosecution, punishable by a substantial fine 
   information.                                                       and a possible jail sentence; and
K.  For use in a project for an exempt HDFC that has furnished        revocation of your Certificate of Authority, if you are 
   the contractor with a copy of the exemption letter issued to       required to be registered as a vendor. See TSB‑M‑09(17)S, 
   them by the Tax Department.                                        Amendments that Encourage Compliance with the Tax Law 
                                                                      and Enhance the Tax Department’s Enforcement Ability, for 
L.  Residential energy storage systems equipment. Residential         more information.
   energy storage systems equipment means an arrangement 
   or combination of components installed in a residence 
   that stores electricity for use at a later time to provide       To the seller 
   heating, cooling, hot water, or electricity. The exemption       When making purchases that qualify for exemption from sales 
   is for the state, local, and MCTD sales and use tax rates.       and use tax, the contractor must provide you with this exemption 
   The customer must furnish the contractor a completed             certificate with all entries completed to establish the right to the 
   Form ST-121 by completing the box marked Other (U.).             exemption.
   See TSB‑M‑24(1)S, Sales and Use Tax Exemption for                As a New York State registered vendor, you may accept an 
   Residential Energy Storage Systems Equipment, for more           exemption certificate in lieu of collecting tax and be protected 
   information.                                                     from liability for the tax if the certificate is valid. The certificate 
This certificate may also be used by a contractor to claim          will be considered valid if it is:
exemption from tax on the following services:                         accepted in good faith; 
M. Installing tangible personal property, including production        in your possession within 90 days of the transaction; and
   machinery and equipment, that does not become a part of             properly completed (all required entries were made).
   the real property upon installation.                             
                                                                    An exemption certificate is accepted in good faith when you 
   Repairing real property, when the services are for the           have no knowledge that the exemption certificate is false or is 
   project named on page 1 of this form and will be resold.         fraudulently given, and you exercise reasonable ordinary due 
   Trash removal services rendered in connection with repair        care. If you do not receive a properly completed certificate within 
   services to real property, if the trash removal services will be 90 days after the delivery of the property or service, you will 
   resold.                                                          share with the purchaser the burden of proving the sale was 
                                                                    exempt.
   Note: Purchases of services for resale can occur between 
   prime contractors and subcontractors or between two              Failure to collect sales or use tax, as a result of accepting 
   subcontractors. The retail seller of the services, generally     an improperly completed exemption certificate or receiving 
   the prime contractor, must charge and collect tax on the         the certificate more than 90 days after the sale, will make 
   contract price, unless the project owner gives the retail        you personally liable for the tax plus any penalty and interest 
   seller of the service a properly completed exemption             charges due.
   certificate.                                                     You must maintain a method of associating an invoice (or 
N. Installing, maintaining, servicing, or repairing tangible        other source document) for an exempt sale with the exemption 
   personal property used for Web hosting, telecommunication        certificate you have on file from the purchaser. You must also 
   or Internet access services, or by a broadcaster (described      keep this certificate at least three years after the due date of 
   in item C on page 3).                                            your sales tax return to which it relates, or the date the return 
                                                                    was filed, if later.
O. Installing, maintaining, servicing, or repairing tangible 
   personal property that will be used predominantly either 
   in farm production or in a commercial horse boarding 
   operation, or in both (described in item E on page 3).             Need help?

P. Installing qualifying residential or commercial solar energy                 Visit our website at www.tax.ny.gov
   systems equipment (described in item G on page 3).                           •  get information and manage your taxes online
Q. Installing tangible personal property delivered to and                       •  check for new online services and features
   used directly and exclusively in adding to, altering, or 
   improving a qualifying tenant’s leased premises for use as         Telephone assistance:                       518‑485‑9863
   commercial office space in Eligible Area A or B as described 
   in TSB‑M‑05(12)S, provided that the tangible personal              To order forms and publications:            518‑457‑5431
   property becomes an integral component part of the building        Text Telephone (TTY) or TDD                 Dial 7‑1‑1 for the  
   in which the leased premises are located.                            equipment users                New York Relay Service






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