Enlarge image | Standard Municipal Home Rule Affidavit of Exempt Sale This form is required by home rule municipalities within the State of Colorado for any transaction on which an exemption from tax is claimed. The seller is required to maintain a completed form for each tax-exempt sale. Furnish this form to the seller. Do not return this form to the taxing jurisdiction. ☐ PURCHASE FOR RESALE - OR - ☐ PURCHASE FOR WHOLESALE (QUALIFICATIONS MAY VARY BY JURISDICTION – SEE INSTRUCTIONS) STATE LICENSE NUMBER (NOT FEIN NUMBER): _____________________________ EXPIRATION _______________ LOCAL LICENSE NUMBER (IF APPLICABLE): ________________________ ISSUING MUNICIPALITY: _____________________ ☐ I AFFIRM ITEMS PURCHASED ARE FOR RESALE/WHOLESALE IN THE ORDINARY COURSE OF BUSINESS. INITIAL _____________ ☐ PURCHASE BY RELIGIOUS OR CHARITABLE ORGANIZATION (EXEMPTIONS MAY VARY BY JURISDICTION) STATE TAX EXEMPT NUMBER (NOT FEIN NUMBER): _________________________ LOCAL TAX EXEMPT NUMBER (IF APPLICABLE): ________________________ ISSUING MUNICIPALITY: _____________________ PAYMENT INFORMATION (REQUIRED TO MEET ONE OF THE FOLLOWING): ☐ PAID BY CASH AND ACCOMPANIED BY A PURCHASE ORDER FROM THE ORGANIZATION ☐ PAID BY CHECK DRAWN ON FUNDS OF THE EXEMPT ORGANIZATION ☐ PAID BY PURCHASING CARD BEARING INFORMATION OF THE EXEMPT ORGANIZATION THE EMBOSSED NAME OF THE CARD IS:________________________________________ ☐ PAID BY COMMERCIAL CARD NOT A PERSONAL CREDIT CARD - CARD’S LAST FOUR DIGITS: __________ ☐ PURCHASE BY FEDERAL, STATE, OR LOCAL GOVERNMENT CREDIT CARD NUMBER (FIRST SIX AND LAST FOUR ONLY:________-_______XX-XXXX-_________. FEDERAL GOVERNMENT (PAYMENT INFORMATION - REQUIRED TO MEET ONE OF THE FOLLOWING): ☐ GSA SMARTPAY2 CARD – FLEET CARD WITH PICTURE OF A ROAD AND FLAG ☐ GSA SMARTPAY2 CARD – PURCHASE CARD WITH PICTURE OF A KEYBOARD AND FLAG Purchase Details ☐ GSA SMARTPAY2 CARD – TRAVEL CARD WITH PICTURE OF AN AIRPLANE AND FLAG ☐ GSA SMARTPAY2 CARD – INTEGRATED CARD WITH PICTURE OF AN EAGLE AND FLAG ☐ DEPT OF INTERIOR AGENCY ISSUED CARD – AGENCY NAME _______________________________________. STATE AND LOCAL GOVERNMENT (PAYMENT INFORMATION - REQUIRED TO MEET ONE OF THE FOLLOWING): ☐ PAID BY CASH AND ACCOMPANIED BY PURCHASE ORDER ISSUED BY THE GOVERNMENT AGENCY ☐ PAID BY CHECK ISSUED BY AND DRAWN ON FUNDS FROM THE GOVERNMENT AGENCY ☐ PAID BY GOVERNMENT PURCHASE CARD AS DESIGNATED ON THE CARD STATE TAX EXEMPT NUMBER PRINTED ON THE CARD (COLORADO ONLY): _____________________. ☐ CHECK IF THE CARD STATES “FOR OFFICIAL STATE USE ONLY” OR “TAX EXEMPT” ☐ PURCHASE BY FOREIGN AND DIPLOMATIC EXEMPTIONS (REQUIRED TO MEET THE FOLLOWING): ☐ PURCHASER PRESENTS A STATE DEPARTMENT ISSUED CARD WITH THE NAME/PHOTO OF THE BEARER ON THE CARD. IF PRESENTED WITH THIS CARD, DOCUMENTATION OF FORM OF PAYMENT IS NOT REQUIRED (EXCLUDING MISSION CARD). ☐ OTHER QUALIFIED EXEMPTION NATURE OF EXEMPTION: __________________________________________________ EXEMPT NUMBER: _____________________ LEGAL NAME OF COMPANY/ORGANIZATION/AGENCY NAME PURCHASER NAME (PRINTED) ADDRESS CITY STATE ZIP + 4 PHONE STATE / DRIVERS LICENSE # DESCRIPTION OF NORMAL COURSE OF BUSINESS Under penalty of perjury, I swear or affirm that the information on this form is true and correct as to every material matter. I affirm that the items purchased tax-exempt will be used for official business of the above-named organization or agency. I accept that I remain directly liable for the taxes and any applicable penalty or interest if my purchase is found to not qualify for the exemption or if the information Purchaserasserted Informationin this form is deemed fraudulent. SIGNATURE DATE SELLER NAME LOCATION # DATE TRANSACTION ID EMPLOYEE ID# / INITIALS Seller DESCRIPTION OF ITEMS PURCHASED OR ATTACH DUPLICATE RECEIPT/INVOICE EXEMPTED AMOUNT OF PURCHASE Verification Page 1 of 2 Revised 5/30/2014 |
Enlarge image | Instructions for Standard Municipal Home Rule Affidavit of Exempt Sale These instructions are specific to the jurisdiction in which this purchase has been made. Qualifying for an exemption may be different for each jurisdiction, and these instructions are not intended to set forth the requirements of any jurisdiction other than the one indicated. Purpose of Form Sellers have the burden of proving that a transaction was properly exempted. If an exemption is subsequently disallowed This form is used to certify to sellers that a purchase qualifies for by the municipality, you (the seller) could be liable for the tax plus exemption under Fort Collins Municipal Code (FCMC) Chapter 25. penalties and interest. This form is provided to help you determine if a sale qualifies for exemption. The sale is not exempt from taxes simply because this affidavit is completed. Reminders The responsibility for proper collection of taxes remains with the Furnish to seller. This form should be furnished to the seller seller. You are encouraged to obtain this form for each charging the tax. Do not send this form to the taxing jurisdiction. transaction and complete all of the information in the lower Seller This form is not for organizations to request certification of their tax Verification section. exempt status. Resale/Wholesale transactions – To qualify as an exempt Direct payment required. Purchases must be billed to and paid purchase for resale or wholesale, the items purchased must be directly by the funds of the organization or agency in order to reasonably deemed to be for sale in the ordinary course of qualify for exemption. Payment in cash (without a purchase order) business of the purchaser. For resale/wholesale transactions the or by personal check or personal credit card disqualifies a seller is required to not only collect the applicable license purchase from exemption even if the purchaser is subsequently information, but to exercise sound judgment and a reasonable reimbursed. Purchases made on credit cards issued by the amount of skepticism to ensure the items purchased are organization, but where the cardholder receives and pays the bill reasonably for sale in the purchaser’s ordinary course of and is subsequently reimbursed, also do not qualify for exemption. business. For example, a restaurant would not be allowed to purchase dish soap for resale because restaurants do not sell Reimbursement disqualifies exemption. If the organization or dish soap in the ordinary course of business, but rather use the agency will be reimbursed, in whole or in part, the purchase is dish soap in the operation of the business. General Instructions disqualified from exemption. For example, the purchase of food for Seller Instructions a banquet for which the organization sells tickets as a fundraiser The affidavit needs to be completed in its entirety. Be sure would not qualify for exemption. information is complete, accurate and legible. Review the information, and particularly verify that the driver’s license Disputed tax must be collected. If there is a dispute between the number and purchaser’s name are correct. Also, be sure that the purchaser and the seller as to whether tax applies, FCMC Section digits that are required from the credit cards are correct. Only 25-73 requires the seller to collect the tax. The seller should give record and keep those digits from the credit card that the affidavit the purchaser a receipt showing the tax collected. The purchaser requires. The signature of the purchaser should be the same as may apply to the applicable municipality directly for a refund by on the driver’s license. filing a Claim for Refund form along with the appropriate documentation within 60 days of the date of the purchase. Sellers should review guidance on accepting government credit cards. Not all cards qualify for exemption, even though Signature required. The individual making the purchase must they bear certain of the listed characteristics. sign and date the form at the bottom. A separate affidavit is required for each transaction. General purchaser or store Collection of this form does not provide a safe-harbor from information may be completed in advance and kept on file by the disallowance by the municipality. Retain this form for at least 3 seller or purchaser for ease of use. years. Purchase details. Identify the accurate qualified exemption Resale/Wholesale – The seller must obtain a copy of the reason and complete the required information for that exemption. purchaser’s State of Colorado and applicable municipal resale or Purchaser information. Print the legal name of the organization wholesale license or license number. To qualify as a tax exempt or agency. Governmental agencies should include both the name resale/wholesale purchase the seller must exercise due care and of the government and the department or agency, for example, US good faith to ensure the item/service sold is of a type normally Department of Transportation, Colorado Department of Education, resold in the purchaser’s usual course of business. When in or Adams County Human Services. Abbreviations such as “Dept.” doubt, it is the seller’s responsibility to collect tax. are acceptable but do not use acronyms. List the organization’s or Charitable/Religious – To make purchases that are exempt agency’s mailing address, municipality, state, and zip code. from City of Fort Collins tax, charitable/religious organizations Declaration of affiant. The individual making the purchase on must provide a copy of the City of Fort Collins tax exemption behalf of the exempt organization or agency (the affiant) must license or number to the seller. complete the declaration. Separate form required. A separate affidavit is required for each Government – The seller must obtain a copy of the purchaser’s transaction. For ease of use, Purchase Details and Purchaser State of Colorado exemption certificate or certificate number. Information may be completed in advance and the partially Government sales include sales to public schools. The City does completed form kept on file by the purchaser for completion at not issue a separate license for government/school entities. time of each transaction. Constructions Materials – If a city tax has been prepaid on a Purchaser Instructions Signature. You are swearing, under penalty of perjury, to the building permit, building materials purchased for the permitted accuracy of the statements made in this affidavit. Carefully read project will be exempt from City of Fort Collins tax. The seller and ensure that you understand each item before signing this Jurisdiction Specific Instructions must maintain a copy of the building permit. affidavit. After reviewing the form for accuracy, sign and date the form. Furnish this form to the seller. Do not send a copy to the For the full text of applicable definitions and exemptions refer to municipality. the FCMC Chapter 25. For assistance contact the Tax Division at 970-221-6780 or visit www.fcgov.com/salestax. Page 2 of 2 Revised 5/30/2014 |