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In the picturesque state of Vermont, nestled among the Green Mountains, there lies a critical piece of documentation for buyers and sellers alike: the Vermont S 3 form, otherwise known as the Sales Tax Exemption Certificate for purchases for resale and by exempt organizations. This form, far from being just another piece of bureaucracy, serves as a lifeline for various entities, enabling transactions free from sales tax under certain conditions. Whether it’s a single purchase with a clear-cut purchase price or multiple purchases where the exemption is intended to apply over time, this document details meticulously the nature of the transaction. Businesses, along with specific nonprofit organizations recognized under IRS code 501(c)(3) for their religious, educational, or scientific purposes, find themselves navigating this form to assert their exemption. Government units, both federal and Vermont-based, along with volunteer fire departments, ambulance companies, and rescue squads, are also among those who benefit. Significantly, the document emphasizes the importance of "good faith" acceptance by sellers, a concept rooted in an understanding of and compliance with the law, to facilitate these exempt transactions. Moreover, the form encapsulates instructions for its use, emphasizing its inapplicability to contractors and the necessity of retaining it for records. The paths for exemption claims are clearly delineated, offering a beacon of guidance through the often complex landscape of tax exemptions. As such, the Vermont S 3 form stands not just as a procedural necessity, but as a testament to the intricate dance between taxation laws and the entities seeking solace under its exemptions.

Preview - Vermont S 3 Form

Vermont Sales Tax Exemption Certificate

for

PURCHASES FOR RESALE, BY EXEMPT ORGANIZATIONS, AND

BY DIRECT PAY PERMIT

32 V.S.A. § 9701(5); § 9743(1)-(3); § 9745

FORM

S-3

To be filed with the SELLER, not with the Vermont Department of Taxes.

Single Purchase - Enter Purchase Price $ __________________

Multiple Purchase (effective for subsequent purchases.)

BUYER

Buyer's Name

 

Federal ID Number

 

 

 

Trading as

 

Telephone Number

 

 

 

Address

 

 

 

 

 

City

State

ZIP Code

 

 

 

Buyer’s Primary Business

 

 

 

 

 

 

 

 

SELLER

Seller's Name

Address

City

State

ZIP Code

 

 

 

 

 

 

EXEMPTION CLAIMED

DESCRIPTION. Description of purchased articles

BASIS FOR EXEMPTION

 

 

 For resale/wholesale

Vermont Sales & Use Tax Account Number: _________________________

 Purchase by 501(c)(3) organization

. . . . . . . . . . . . . .Vermont Account Number: _________________________

 Direct payment by federal or Vermont governmental unit

 

 Direct Pay Permit

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

Permit #: _________________________

 Purchases by 501(c)5 organization presenting fairs, field days, or festivals. . .

. Events: _________________________

. . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . Dates: _________________________

. . . . . . . . . . . . . . . . . . . . . . . . . .

Vermont Sales & Use Tax Account Number: _________________________

 Purchase by volunteer fire department, ambulance company, rescue squad. (Registration is not required.)

SIGNATURE

I certify that I have read and complied with the instructions provided with respect to the use of this Exemption Certificate. I further certify that the above statements are true, complete, and correct, and that no material information has been omitted.

Signature of Buyer or Authorized Agent

Title

Date

Form S-3

This form may be photocopied.

Page 1 of 3

Rev. 07/21

 

FORM S-3 Instructions

Vermont Sales Tax Exemption Certificate for

Purchases for Resale, by Exempt Organizations, and by Direct Pay Permit

This exemption certificate does not apply to contractors.

General Information

Please print in BLUE or BLACK ink only.

This exemption certificate applies to the following:

Purchase(s) of tangible personal property for the purpose of resale

Purchase(s) by an organization which is designated as a 501(c)(3) by the Internal Revenue Service, or agricultural organizations qualified for exempt status under § 501(c)(5) when presenting agricultural fairs, field days, or festivals

Purchase(s) by a Federal or Vermont governmental unit (direct payment)

Purchase(s) using a Direct Pay Permit

Purchase(s) by a volunteer fire department, ambulance company, or rescue squad

Please note: Civic, social, recreational, and business league organizations are not 501(c)(3) organizations, and therefore cannot make exempt purchases.

Accepting an Exemption Certificate in “Good Faith”

The buyer must present to the seller an accurate and properly executed exemption certificate for the exempted sale. The responsibility is on the seller to determine if the buyer is submitting the exemption certificate in “good faith.” This requires the seller to be familiar with Vermont Sales and Use Tax law and regulations, including exemptions, that apply to the seller’s business. If the buyer provides a certificate that is not valid, i.e., the item purchased does not qualify for the exemption, this is not in good faith and the seller should not accept the certificate. When the seller accepts the certificate in good faith, the seller is not liable for collecting and remitting Vermont Sales Tax.

An exemption certificate is received at the time of sale in good faith when all of the following conditions are met:

The certificate contains no statement or entry which the seller knows, or has reason to know, is false or misleading.

The certification is on an exemption form issued by the Vermont Department of Taxes or a form with substantially identical language.

The certificate is signed, dated and complete (all applicable sections and fields completed).

The property purchased is of a type ordinarily used for the stated purpose, or the exempt use is explained.

Form S-3

Page 2 of 3 Rev. 07/21

Burden of Proof

The burden of proof is on the seller to demonstrate the certificate was taken in good faith. If the seller cannot provide an exemption certificate showing that the sale was exempt, the Department will seek to collect tax from the seller. If, however, the seller can prove the buyer’s claim for the exemption was false, the Department will seek to collect the tax from the buyer.

Obtaining the Exemption Certificate

The seller must obtain an exemption certificate from the buyer either prior to or at the time of the sale. If the certificate is not available at the time of sale, the seller has 90 days after the sale to obtain a fully executed certificate, accepted in good faith.

Retaining the Exemption Certificate

Sellers must retain exemption certificates for at least three years from the date of the last sale covered by the certificate to document why the tax was not collected from the buyer.

Multiple Purchase Exemption Certificates

If the buyer presents a “Multiple Purchase” exemption certificate to the seller, it may be used only when purchasing tangible personal property for use as indicated on this exemption certificate. For each purchase covered by the exemption certificate, the sales slip or invoice must show the buyer’s name and address sufficient to link the purchase to the exemption certificate on file.

Other types of exemption certificates that may be applicable are available on our website at tax.vermont.gov/business-and-corp/nonprofit-and-exempt-organizations/exemption-certificates/.

For questions regarding how these exemption certificates may be properly applied, please contact the Vermont Department of Taxes at (802) 828-2551.

Form S-3

Page 3 of 3 Rev. 07/21

File Overview

Fact Detail
Form Purpose Used for Vermont Sales Tax Exemption Certificates for purchases for resale and by exempt organizations.
Governing Laws 32 V.S.A. § 9701(5); § 9743(1)-(3)
Submission Requirement Must be filed with the seller, not with the VT Department of Taxes.
Types of Exemptions Includes exemptions for resale/wholesale, purchases by 501(c)(3) organizations, direct payments by Federal or Vermont governmental units, and purchases by volunteer fire departments, ambulance companies, or rescue squads.
Proper Use Conditions Exemption certificates must be presented prior to or at the time of purchase, must be complete and accurate, and must meet all conditions outlined in published instructions for acceptance in good faith.

Vermont S 3: Usage Guidelines

Filling out the Vermont Form S-3 is a simple yet critical task for buyers looking to claim exemption from sales tax on purchases for resale or for eligible organizations. Proper completion ensures compliance with tax regulations and enables a seamless transaction free from unnecessary tax costs. Here's a step-by-step guide to fill out the form correctly:

  1. Decide whether the form is for a Single Purchase or Multiple Purchases. Check the appropriate box at the top of the form and, if it's a single purchase, enter the purchase price next to it.
  2. Enter the Buyer’s Federal ID Number in the designated field.
  3. Fill in the buyer’s Name and the name under which the business trades, if applicable, in the 'Trading as' field.
  4. Provide the full Address, including City, State, and Zip code, of the buyer.
  5. Specify the buyer’s Primary Business.
  6. Under the SELLER section, enter the Seller’s Name and complete address including City, State, and Zip code.
  7. Indicate the EXEMPTION CLAIMED by describing the purchased articles in the provided area.
  8. Select the basis for exemption by checking the appropriate box: For resale/wholesale, Purchase by 501(c)(3) organization, Direct payment by Federal or Vermont governmental unit, or Purchase by volunteer fire department, ambulance company, rescue squad. If applicable, provide the Vermont Sales & Use Tax Account Number or Vermont Account Number.
  9. Sign the form in the space provided to certify the accuracy of the information. Include the Title of the signatory and the Date of signing.

Once the Form S-3 is properly filled, it should be provided to the seller and not sent to the Vermont Department of Taxes. It's important to keep in mind that retaining copies of completed exemption certificates and ensuring their accuracy is crucial for both buyer and seller to meet tax regulations and to defend the exemption in case of audits. Remember, this form is pivotal for documenting the tax-exempt status of qualifying purchases, thereby facilitating a smoother operation for eligible buyers and sellers in adherence to Vermont tax laws.

Your Questions, Answered

  1. What is the Vermont S-3 Sales Tax Exemption Certificate, and who should use it?

The Vermont S-3 Sales Tax Exemption Certificate is a document that qualifies certain purchases for exemption from Vermont sales tax. This exemption applies specifically to purchases of tangible personal property intended for resale, purchases made by certain 501(c)(3) organizations (religious, educational, or scientific), direct payments by Federal or Vermont governmental units, and purchases made by volunteer fire departments, ambulance companies, or rescue squads. This certificate is crucial for retailers or organizations that meet these criteria and wish to make tax-exempt purchases in compliance with Vermont law.

  1. How do buyers properly apply for a tax exemption using the Vermont S-3 form?

To appropriately apply for a tax exemption with the Vermont S-3 form, the buyer should first ensure that their purchase qualifies under one of the exempt categories mentioned. Upon confirming this, the buyer must accurately complete the form with all required information, including their Federal ID Number, business name, address, the specific basis for exemption claimed, and a detailed description of the purchased articles. It's imperative that the form is filled accurately and completely to avoid any discrepancies and to ensure the exemption is granted. The buyer must then provide this form to the seller prior to or at the time of purchase. It's worth noting that sellers are required to accept these certificates in "good faith," based on the belief that the information provided on the certificate is accurate and applicable to the law.

  1. What are the responsibilities of sellers who accept the Vermont S-3 Exemption Certificate?

Sellers who accept the Vermont S-3 Exemption Certificate have several responsibilities to ensure compliance with Vermont tax laws. Firstly, sellers must verify that the certificate is fully and accurately completed and presented before the time of sale. They should also assess the certificate's information in "good faith," which involves an educated assumption that all details are accurate and comply with current laws and regulations. Sellers are obligated to retain a copy of the exemption certificate for at least three years from the date of the last sale covered by the certificate. This retention is necessary for documentation purposes, should any tax-related inquiries arise. Moreover, sellers must ensure that the specific purchases linked to the exemption certificate strictly adhere to the criteria outlined for tax-exempt purchases.

  1. What happens if a Vermont S-3 Exemption Certificate is used incorrectly?

Incorrect use of the Vermont S-3 Exemption Certificate can have serious consequences for both buyers and sellers. If it's determined that a certificate was used for purchases that do not qualify for tax exemption, the buyer could be held liable for the unpaid taxes, in addition to penalties and interest. For sellers, accepting a certificate known to be used improperly can result in the obligation to pay the applicable sales tax, plus potential penalties and interest. Sellers must exercise due diligence in accepting exemption certificates by ensuring they are completely and accurately filled out and that the items purchased align with the exempt purposes stated on the certificate. It is crucial for both parties to understand the rules and regulations governing tax-exempt purchases to avoid any misuse of the exemption certificate.

Common mistakes

When filling out the Vermont S-3 form, commonly encountered mistakes can lead to unnecessary delays or even rejection of the exemption claim. Paying close attention to detail and ensuring accuracy is paramount. Here are five errors frequently made:

  1. Not specifying the type of purchase – Many people forget to check whether the purchase is a single purchase or a multiple purchase. This crucial detail affects how the form is processed and can impact the buyer's eligibility for exemption.
  2. Incomplete description of purchased articles – A vague or incomplete description of the items purchased often leads to confusion. Clearly stating what is being bought, how it will be used, and why it qualifies for an exemption underlines the legitimacy of the claim.
  3. Omitting the basis for exemption – Each exemption claim must have a clear basis, such as for resale/wholesale, purchase by a 501(c)(3) organization, or direct payment by Federal or Vermont governmental units. Skipping this step or providing insufficient details can invalidate the claim.
  4. Failing to provide the Vermont Sales & Use Tax Account Number – For resales and certain other exempt purchases, this number validates the buyer’s status. Not including or miswriting this number is a common oversight that can complicate transaction verification.
  5. Incorrect or missing signature and date – The form requires a signature from the buyer or authorized agent and today’s date to certify the information presented is true and correct. An unsigned or undated form is considered incomplete and will not be accepted.

For the form to serve its purpose effectively, all the above elements must be meticulously filled out. It's also essential to keep a copy of the completed form for record-keeping and to give the original to the seller for their records. This not only ensures compliance but also facilitates a smoother transaction process, free from potential tax liabilities.

Documents used along the form

When dealing with the Vermont S-3 form, various other documents and forms often come into play, especially for organizations and businesses seeking tax exemptions or conducting tax-exempt purchases. Understanding these documents can be helpful for a smooth and compliant transaction process.

  • IRS Determination Letter: This is an official document from the Internal Revenue Service (IRS) confirming an organization's tax-exempt status under section 501(c)(3). It is essential for organizations claiming exemption as religious, educational, or scientific entities.
  • Vermont Business Registration Certificate: A document that verifies a business is registered in the state of Vermont. This certificate is vital for businesses to conduct taxable and tax-exempt transactions.
  • Sales and Use Tax Return Form SU-451: This form is for reporting and paying sales and use taxes in Vermont. Even exempt organizations might need this if they conduct taxable activities outside their exempt purposes.
  • Capital Gain Exclusion Certificate: Necessary for transactions involving the sale of assets, this certificate allows entities to exclude some or all of the capital gains from their income, depending on Vermont tax laws.
  • Form S-1: A form used by vendors to register for a Sales and Use Tax license in Vermont. This is crucial for businesses that need to collect sales tax on taxable sales.
  • Employee Tax Withholding Form W-4VT: This form is used by employers in Vermont to determine the state income tax to withhold from their employees' wages. It's important for organizations with employees, ensuring compliance with state tax withholding requirements.
  • Property Transfer Tax Return: Required for real estate transactions in Vermont, this form documents the transfer of property and calculates the tax due on the transfer.
  • Use Tax Exemption Certificate for Purchases for Resale (Form S-3R): Similar to the S-3, this form is specifically designed for purchases that will be resold and are thus exempt from use tax.

Each of these documents plays a critical role in ensuring that businesses and organizations comply with Vermont's tax laws, particularly when making exempt purchases or performing other tax-exempt activities. Whether it's proving tax-exempt status, registering a business, or reporting taxable income, having the right documentation is key to smooth operations and compliance with the law.

Similar forms

One similar document to the Vermont S-3 form is the California Resale Certificate. Both certificates enable buyers to purchase goods without paying sales tax, on the condition that the purchased items will be resold in the course of business. The primary purpose is to prevent the taxation of the same item multiple times in the supply chain. However, they are governed by the tax laws specific to their respective states, which outline the criteria for what constitutes a valid purchase for resale.

The Florida Annual Resale Certificate for Sales Tax shares similarities with the Vermont S-3 form, in that both are used by purchasers to buy items tax-free for the purpose of resale. Florida’s version, however, uniquely allows for an annual renewal, which means businesses do not need to issue a new certificate for each purchase, as long as the certificate remains valid. This feature can significantly reduce paperwork and streamline procurement for resale businesses.

New York’s ST-120, Resale Certificate, also functions analogously to Vermont's S-3 form by allowing businesses to avoid sales tax on purchases intended for resale. Like the Vermont form, New York requires specific details about the buyer and seller, and a declaration of the exemption reason. The nuanced differences lie in the state-specific tax codes and regulations that determine how exemptions are claimed and processed, reflecting local legislative approaches to sales tax.

The Texas Sales and Use Tax Resale Certificate is another document with a purpose similar to Vermont's S-3 form. This certificate allows Texas businesses to purchase goods without paying state sales tax, provided those goods are bought for resale. The Texas certificate places a significant emphasis on the requirement for purchasers to have a valid sales tax permit, highlighting the state's regulatory framework designed to ensure compliance and prevent tax evasion.

Similarly, the Multistate Tax Commission (MTC) Uniform Sales & Use Tax Exemption/Resale Certificate – Multijurisdiction form offers a broader approach, enabling businesses to conduct tax-exempt purchases for resale across multiple states. While the Vermont S-3 form is state-specific, the MTC’s version attempts to simplify the exempt purchasing process for businesses operating in various jurisdictions, showcasing an effort to streamline interstate commerce.

The Illinois Certificate of Resale, like the Vermont S-3 form, requires sellers to collect and maintain records that substantiate the tax-exempt nature of a sale. Both forms necessitate detailed information about the transaction and caution the buyer about the legal implications of misuse. These requirements reflect a shared commitment to maintaining integrity and accountability in tax-exempt transactions.

Oregon, being a state without a sales tax, does not have a direct counterpart to the Vermont S-3 form. However, Oregon businesses purchasing goods for resale in states with sales tax may use similar exemption certificates, showcasing the adaptability of businesses to navigate varying tax landscapes. This scenario underlines the importance of understanding and utilizing resale certificates for tax compliance across state lines.

Lastly, the Streamlined Sales and Use Tax Agreement (SSUTA) Certificate of Exemption represents a collaborative effort among states to simplify and modernize sales and use tax collection and administration. While the Vermont S-3 form is specific to Vermont, the SSUTA certificate is accepted by multiple states, reflecting an initiative towards efficiency and uniformity in tax-exempt transactions. This agreement facilitates easier management for businesses engaged in resale activities across participating states.

Dos and Don'ts

Filling out the Vermont S-3 form, which serves as a sales tax exemption certificate for purchases intended for resale or by exempt organizations, requires careful attention to detail. Here are several do's and don'ts to help guide you through this process:

  • Do make sure that you fill out the form prior to or at the time of purchase. This is crucial for the exemption to be valid.
  • Do carefully read and comply with the instructions provided with the form. Understanding these guidelines ensures that the form is used correctly.
  • Do provide accurate information regarding the buyer’s Federal ID Number, the primary business, and the seller’s details. Accuracy is key to the form’s validity.
  • Do select the correct exemption claimed based on your eligibility. Whether it's for resale, a 501(c)(3) organization, direct payment by governmental units, or purchases by volunteer emergency services, selecting the correct exemption is crucial.
  • Do keep a copy of the completed form. Sellers are required to retain exemption certificates for at least three years, but it’s a good practice for buyers too.
  • Don’t attempt to use this form if your organization does not fall under the categories mentioned. This includes civic, recreational, and certain nonprofit organizations not designated as 501(c)(3).
  • Don’t leave any sections blank. Incomplete forms may be considered invalid, potentially leading to the denial of the tax exemption.
  • Don’t falsify or provide misleading information. The accuracy and truthfulness of the information on the form are vital and subject to verification.

Correctly filling out the Vermont S-3 form is essential for ensuring your organization's purchases are properly exempt from sales tax when eligible. By following these guidelines, you can avoid common pitfalls and ensure the form serves its intended purpose effectively.

Misconceptions

  • One common misconception is that the Vermont S-3 form is filed with the Vermont Department of Taxes. In reality, the form is to be filed with the seller, not with the Vermont Department of Taxes.
  • Many people mistakenly believe the S-3 form is applicable to contractors for resale exemptions. However, this form does not apply to contractors as materials purchased for use in construction do not qualify as purchases for resale. Contractors must pay sales tax on tangible personal property incorporated into real estate.
  • There's a misconception that the form can be used by any non-profit organization. Actually, it specifically applies to 501(c)(3) organizations that are religious, educational, or scientific. Civic, social, recreational, and business league organizations do not qualify and therefore cannot use this form for tax-exempt purchases.
  • Some assume that the form applies to a wide range of tax exemptions. It is important to note that the S-3 form is designed specifically for purchases for resale, by certain exempt organizations, or direct government purchases, and not for other types of tax exemptions.
  • It is incorrectly believed by some that presenting the Vermont S-3 form after the purchase allows exemption claims. The form must be presented prior to or at the time of the purchase to claim the exemption.
  • Another misunderstanding is about the significance of "Good Faith" acceptance of the form by sellers. Sellers are relieved of liability for collecting Vermont Sales and Use Tax on transactions covered by this certificate only if they accept the certificate in "Good Faith," which requires meeting several conditions including verification that the form is complete and that the purchase is of a type ordinarily used by the buyer for the purpose described on the certificate.
  • There's a misconception that a seller does not need to retain the exemption certificates. In fact, sellers must keep the exemption certificates for at least three years from the date of the last sale covered by the certificate to document why tax was not collected from the buyer.
  • Some believe that the exemption claimed on this form is open-ended. Instead, the exemption is specific to the descriptions provided and for the basis of the exemption as claimed by the buyer. Each item must fit within those parameters for the exemption to apply.
  • A false assumption is that any form resembling the S-3 can be used. The certificate must be on an exemption form issued by the Vermont Department of Taxes or a form with substantially identical language, and it must be dated, complete, and in accordance with published instructions to be valid.

Key takeaways

Understanding the Vermont S 3 Form, a Sales Tax Exemption Certificate, is crucial for both sellers and qualifying organizations or individuals making exempt purchases. Here are key takeaways about correctly filling out and utilizing this form:

  • Intended Use: The S 3 Form is designed for purchases intended for resale, by 501(c)(3) organizations, governmental units, volunteer fire departments, ambulance companies, or rescue squads for their use.
  • Form Submission: Importantly, this form should be provided to the seller and not submitted to the Vermont Department of Taxes.
  • Exemption Categories: Exemptions include purchases for resale, by certain 501(c)(3) organizations, direct payments by federal or Vermont governmental units, and purchases by volunteer emergency services.
  • Exemption Claims: Buyers must indicate the specific exemption claim on the form, whether it’s for a single purchase with a specified amount or multiple purchases.
  • Buyer and Seller Information: Both the buyer’s and seller’s details, including names and addresses, must be fully filled out.
  • li>Evidence of Exemption: The buyer’s Federal ID Number and, where applicable, the Vermont Sales & Use Tax Account Number or other qualifying identification should be provided.
  • "Good Faith" Acceptance: Sellers who accept an exemption certificate in “good faith” are not liable for collecting the otherwise due tax, contingent on meeting certain conditions for verification.
  • Documentation and Retention: Sellers are required to retain these certificates for at least three years from the last covered sale to prove why tax was not collected.
  • Multiple Purchase Certificates: A “Multiple Purchase” exemption certificate allows for recurring purchases under the specified conditions, linking each purchase back to the certificate.
  • Improper Use: Transactions not supported by properly executed exemption certificates are considered taxable retail sales, placing the tax collection responsibility on the seller.
  • Resources and Assistance: Further information and other types of exemption certificates can be found on the Vermont Department of Taxes website, with contact details for questions or clarification.

Proper understanding and application of the S 3 Form can significantly impact compliance with Vermont's tax laws, benefiting both buyers entitled to exemptions and sellers in conducting taxable transactions.

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