2004 PUB-104 Common Sales Tax Exemption - PDF

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							              Illinois Department of Revenue
                                                               Common Sales Tax Exemptions
              Publication 104
   Purpose:
 To explain the procedures that         Sales to exempt                           Sale for resale
 retailers must follow in document-
 ing several of the most common         organizations                             Illinois businesses may purchase
                                        In Illinois, only organizations that      items tax free to resell. Sales tax is
 Illinois Sales Tax exemptions
                                        have applied for and received an          then collected and paid when the
   Objectives:                          exemption identification number (“E”      items are sold at retail.
                                        number) from the Illinois Department      To document tax-exempt purchases
 To identify several of the most
                                        of Revenue qualify as sales-tax-          of such items, retailers must keep in
 common exemptions
                                        exempt purchasers. Examples of            their books and records a certificate
 To explain how retailers and           organizations that may qualify for tax-   of resale containing
 servicepersons must document           exempt status include units of govern-        the seller’s name and address,
 sales of tax-exempt items              ment, churches, charities, schools,
                                                                                      the purchaser’s name and address,
 To provide additional references       county fair organizations, and certain
 for information about each             senior citizen organizations. Once            an identification or description of
 exemption                              such organizations have been                  the items purchased for resale,
                                        granted their “E” numbers, they may           a statement from the purchaser
                                        purchase items tax free to further            that the items are being purchased
  General information                   their organizational purposes.                for resale,
Retailers and servicepersons are        To document tax-exempt purchases              the purchaser’s signature and the
required to pay Illinois Sales Tax      from such organizations, retailers            date of signing, and
(Retailers’ Occupation Tax and          must request from the purchaser               one of the following:
Service Occupation Tax) on certain      either
                                                                                      — the purchaser’s active Illinois
sales of tangible personal property.      a copy of the purchaser’s exemp-               business tax number (IBT)
In meeting their sales tax obliga-        tion letter issued by the depart-              number issued by the depart-
tions, retailers and servicepersons       ment or                                        ment,
are permitted to reimburse them-          the purchaser’s “E” number. (In this        — the purchaser’s active resale
selves by collecting the tax from         case, before completing the                    number issued by the depart-
their customers.                          transaction, retailers should verify           ment, or
Customers who make tax-exempt             this number by calling the depart-
                                                                                      — a statement that the purchaser
purchases must provide retailers          ment at 217 782-8881).
                                                                                         is an out-of-state purchaser who
with proper documentation. In some      For more detailed information about              will always sell (and deliver) to
cases, retailers are required to        exempt organizations, see 86 Illinois            his or her customers outside
submit this documentation with their    Administrative Code 130.2005 and                 Illinois.
tax returns; see the instructions for   130.2007, and Brochure PIO-37.
each return for further information.                                              Purchasers may either document their
Retailers who cannot properly                                                     tax-exempt purchases by completing
document a tax-exempt sale will be                                                Form CRT-61, Certificate of Resale,
liable for paying sales tax on the                                                or by making their own certificate. A
transaction.                                                                      copy of the certificate must be
                                                                                  provided to the retailer. Certificates of
To obtain one of our forms or a copy                                              Resale should be updated at least
of the administrative code, please                                                every three years.
see the phone numbers and ad-                                                     For more detailed information about
dresses listed at the end of this                                                 this exemption, see 86 Illinois Admin-
publication.                                                                      istrative Code 130.1405.




                                                                                                                Page 1 of 4
                                                                                                   Common Sales Tax Exemptions

Commercial Distribution                         “D” plates and pays the Commer-          for which the purchaser is applying for
                                                cial Distribution Fee.                   apportioned plates. In this situation, the
Fee (CDF) Sales Tax                                                                      dealer completes a “title only” applica-
                                             Purchases of repair and replacement
Exemption                                    parts may qualify for a sales tax           tion at the time of purchase and the
Through June 30, 2005, the CDF               exemption if the motor vehicle or trailer   purchaser applies for the necessary
sales tax exemption applies to the           is used in a manner that qualifies for      registration with the Illinois Secretary of
purchase of a second division motor          the rolling stock exemption. Use Form       State. The purchaser will then be
vehicle or trailer if all of the following   RUT-7, Rolling Stock Certification, to      required to pay the Commercial
qualifications are met.                      document the sale of repair and             Distribution Fee directly to the Illinois
1 The manufacturer’s gross vehicle           replacement parts for a motor vehicle       Secretary of State.
   weight rating (GVWR) is more than         or trailer for which the CDF sales tax      For more detailed information about
   8,000 pounds.                             exemption was claimed.                      this exemption, see 86 Illinois Admin-
2 The motor vehicle or trailer will be       The purchaser must continue to pay          istrative Code 130.341.
   used primarily for commercial             the Commercial Distribution Fee in
                                             subsequent years. Otherwise, the
                                                                                         Rolling stock
   purposes.
                                             vehicle no longer qualifies for the         The rolling stock exemption applies to
3 The Commercial Distribution Fee                                                        items (including repair and replace-
   administered by the Illinois Secre-       CDF sales tax exemption and Illinois
                                             Use Tax is due on the purchase price.       ment parts) that are purchased or
   tary of State is paid                                                                 used by interstate carriers for hire to
   — when the vehicle or trailer is          To properly document the exemption,         be used as rolling stock in interstate
      registered at the time of pur-         registered dealers must keep in their       commerce.
      chase (or, directly to the Illinois    books and records a written certifi-
                                             cate from the purchaser stating the         The rolling stock exemption qualifica-
      Secretary of State when the                                                        tions are based on the type of item
      purchaser applies for appor-           following:
                                                                                         sold as shown in the next two sec-
      tioned plates) and                         the name and address of pur-            tions.
   — in subsequent registration years.           chaser;
                                                                                         Note: If the original purchase of a
Note: “Used for commercial pur-                  the description and Vehicle Identifi-   second division motor vehicle or
poses” means that persons or prop-               cation Number of the motor vehicle      trailer qualified for the CDF sales tax
erty are transported as part of a                or motor vehicles being purchased;      exemption, the following criteria must
commercial or industrial enterprise,             the name and address of seller;         be met for any repair or replacement
whether for-hire or not.                         the date of purchase;                   parts purchases to qualify for the
Although the Commercial Distribution             a statement that the vehicle will be    rolling stock exemption.
Fee may be imposed and paid, that                registered under Section 3-815(a)       1. For aircraft, watercraft, and rail
does not mean that the second                    or 3-818(a) of the Illinois Vehicle        carrier items (and repair and
division motor vehicle or trailer                Code or in such other manner               replacement parts)
purchase automatically qualifies for             whereby the registration of that           The aircraft, watercraft, or rail
the CDF sales tax exemption. All                 motor vehicle will require the             carrier item must be used by an
other qualifications identified in this          payment of the Commercial                  interstate carrier for hire to carry
publication must be met.                         Distribution Fee imposed under             persons or commodities in inter-
Examples of purchases that do not                Section 3-815.1 of the Illinois            state commerce on a regular and
qualify for the exemption are listed             Vehicle Code and that such vehicle         frequent basis.
below.                                           will remain validly registered in       2. For second division motor
1 The purchase of a pick-up truck                such a manner for subsequent               vehicles and trailers (and repair
   with a manufacturer’s GVWR of                 registration years; and                    and replacement parts)
   7,000 pounds, even if the pur-                the signature of purchaser.                A motor vehicle must have a
   chaser claims that the vehicle will       To document their tax-exempt pur-              gross vehicle weight rating
   carry loads that will cause it to         chases of qualified items, purchasers          (GVWR) greater than 16,000
   weigh more than 8,000 pounds.             may complete Form CDF-7, Commer-               pounds. The GVWR is the weight
2 The purchase of a pick-up truck            cial Distribution Fee (CDF) Sales Tax          identified by the manufacturer or
   with a GVWR of 8,200 pounds to            Exemption Certification, and provide           manufacturers as the maximum
   be used primarily for personal use.       a copy to their sellers.                       loaded weight that the motor
3 The purchase of a sports utility           The only “title only” transactions for         vehicle can carry safely.
   vehicle (SUV) with a GVWR of              which the CDF sales tax exemption can
   7,000 pounds when the purchaser           be claimed at the time of purchase are
   chooses to register the vehicle with      those purchases from Illinois dealers

Page 2 of 4                                                                                                          PUB-104 (R-7/04)
                                                                                                Common Sales Tax Exemptions

    A motor vehicle or trailer must              — possess a valid number issued       their books and records an exemption
    carry persons or property for hire              by another regulatory agency,      certificate containing
    in interstate commerce for either               such as the Federal Aviation          the seller’s name and address,
    — more than 50 percent of its total             Administration.
                                                                                          the purchaser’s name and address,
        trips in a 12-month period, or       To document tax-exempt purchases
                                                                                          an identification or description of
    — more than 50 percent of its total      of such items, retailers must keep in
                                                                                          the items purchased,
        miles in a 12-month period.          their books and records
                                                                                           a statement from the purchaser
    Trips or mileage of a motor vehicle          the seller’s name and address,
                                                                                           that the items are being used
    or trailer for which persons or              the purchaser’s name and address,         primarily in production agriculture
    property are carried for hire just           the purchaser’s certification             or in a state or federal agricultural
    between points in Illinois may be            number as described above,                program, and
    used to qualify for the exemption if
                                                 an identification or description of       the purchaser’s signature and the
    the journey of the passenger or
                                                 the items purchased,                      date of signing.
    shipment of the property either
    originates or terminates outside             a statement that the purchaser is     Purchasers may document their tax-
    Illinois.                                    purchasing the items for use as       exempt purchases either by complet-
                                                 rolling stock in interstate com-      ing Form ST-587, Machinery and
It is not the type of item that deter-
                                                 merce for hire, and                   Equipment Exemption Certificate, or
mines whether or not it qualifies for
                                                 the purchaser’s signature and the     by making their own certificate. A copy
use as rolling stock, but how the item
                                                 date of signing.                      of the certificate must be provided to
is used by an interstate carrier for
                                                                                       the retailer.
hire. Only those items specifically          Purchasers of vehicles should
used as rolling stock will qualify for       document their tax-exempt purchases       For more detailed information about
this exemption. For example, items do        by completing Form RUT-7, Rolling         this exemption, see 86 Illinois Admin-
not qualify for use as rolling stock         Stock Affidavit, and providing a copy     istrative Code 130.305.
when they are used only                      to their retailers. Purchasers also
                                             must identify which method will be
                                                                                       Manufacturing machin-
    to transport company officers,
    employees, customers or others           used to document the exemption —          ery and equipment
    not for hire (even if the persons        trips or mileage. This choice must be     The manufacturing machinery and
    cross state lines); or                   documented on the required tax            equipment exemption applies to
                                             return. Once made, this election          purchases of machinery and equip-
    to transport property that a busi-
                                             cannot be changed. If no choice is        ment used primarily (more than 50
    ness owns or is selling and deliver-
                                             indicated, the purchaser will be          percent of the time) in manufacturing
    ing to customers (even if the items
                                             deemed to have chosen the mileage         or assembling items for wholesale or
    cross state lines); or
                                             method.                                   retail sale or lease.
    as support vehicles (other than
                                             For more detailed information about       To document tax-exempt purchases
    those specifically used for “escort”
                                             this exemption, see 86 Illinois Admin-    of such items, retailers must keep in
    service) when the vehicles do not
                                             istrative Code 130.340.                   their books and records one of the
    haul persons or commodities for
                                                                                       following:
    hire in interstate commerce.             Farm machinery and                            the purchaser’s active Illinois
Purchasers must provide documenta-           equipment                                     business tax number (IBT) issued
tion to retailers that they are interstate
                                             The farm machinery and equipment              by the department
carriers for hire.
                                             exemption applies to purchases of             the purchaser’s active resale
    When required by law, the carrier        farm machinery and equipment used             number issued by the department
    must possess a valid certificate of      or leased for use primarily (more than
    authority number issued by the                                                         an exemption certificate containing
                                             50 percent of the time) in production
    federal Interstate Commerce              agriculture or for use in state or            — the seller’s name and address,
    Commission (ICC).                        federal agricultural programs; the            — the purchaser’s name and
    When not required by law to              exemption also applies to repair and             address,
    possess the certificate named            replacement parts for qualifying              — an identification or description of
    above, the carrier must either           machinery and equipment. Excluded                the items purchased,
    — possess a valid certificate of         from this exemption are motor
                                                                                           — a statement from the purchaser
        authority number issued by the       vehicles required to be registered
                                                                                              that the items are being used
        Illinois Commerce Commission         under the Illinois Motor Vehicle Code.
                                                                                              primarily in manufacturing or
        for a qualifying vehicle or          To document tax-exempt purchases                 assembling items for wholesale
                                             of such items, retailers must keep in            or retail sale or lease, and
PUB-104 (R-7/04)                                                                                                     Page 3 of 4
                                                                                                        Common Sales Tax Exemptions

   — the purchaser’s signature and           Interstate commerce                             Recently repealed
      the date of signing.                   The interstate commerce exemption               exemptions
Purchasers may document their tax-           applies to sales made from Illinois             Effective July 1, 2003, several exemp-
exempt purchases either by complet-          businesses that are delivered outside           tions have been repealed. These
ing Form ST-587, Machinery and               Illinois and are not returned to Illinois       exemptions are listed below.
Equipment Exemption Certificate, or          for use.
by making their own certificate. A copy                                                         Pollution control facilities
                                             The documentation to validate use of
of the certificate must be provided to       this exemption depends upon the                    Oil field exploration, drilling, and
the retailer.                                manner in which the merchandise is                 production equipment
For more detailed information about          delivered.                                         Coal exploration, mining,
this exemption, see 86 Illinois Admin-           If the item is shipped by common               offhighway hauling, processing,
istrative Code 130.1405.                         carrier, retailers must keep in their          maintenance, and reclamation
                                                 books and records a waybill or bill            equipment
Graphic arts machinery                                                                          Distillation machinery and equip-
                                                 of lading showing the delivery
and equipment                                    address outside Illinois.                      ment
The graphic arts machinery and                   If the item is sent by mail, retailers         Aggregate exploration, mining,
equipment exemption applies to                   must keep in their books and                   offhighway hauling, processing
purchases of machinery and equip-                records a receipt from the U.S.                maintenance, and reclamation
ment used primarily (more than 50                Postal Service showing the name                equipment
percent of the time) in graphic arts             of the addressee, the delivery                 Machines and parts for machines
production.                                      address outside Illinois, and the              used in commercial, coin-operated
To document tax-exempt purchases                 date the item was mailed.                      amusement and vending busi-
of such items, retailers must keep in            If retailers use their own transpor-           nesses if a use or occupation tax is
their books and records an exemption             tation equipment, they must keep               paid on the gross receipts from
certificate containing                           in their books and records a trip              these machines
    the seller’s name and address,               sheet containing the name, ad-
    the purchaser’s name and address,            dress, and signature of the out-of-
                                                                                             Other exemptions
                                                 state purchaser and the signature           The exemptions discussed above do
    an identification or description of                                                      not represent a comprehensive list of
    the items purchased,                         of the person making the delivery.
                                                                                             Illinois Sales Tax exemptions. If you
    a statement from the purchaser           This exemption does not apply to
                                                                                             have questions about any exemption,
    that the items are being used            sales to out-of-state buyers in which
                                                                                             write or call us.
    primarily in graphic arts production,    the buyer takes physical possession
    and                                      of the item in Illinois.
    the purchaser’s signature and the        For more detailed information about
    date of signing.                         this exemption, see 86 Illinois Admin-
                                             istrative Code 130.605.
Purchasers may document their tax-
exempt purchases either by complet-
ing Form ST-587, Machinery and
Equipment Exemption Certificate, or
by making their own certificates. A
copy of the certificate must be given
to the retailer.
For more detailed information about
this exemption, see 86 Illinois Admin-
istrative Code 130.325.


    For information      Call us at 1 800 732-8866 or 217 782-3336.
    or forms             Call our TDD (telecommunications device for the deaf) at 1 800 544-5304.
                         Write us at Illinois Department of Revenue, P.O. Box 19044, Springfield, IL 62794-9044.
                         Visit our Web site at tax.illinois.gov.
                         Call our 24-hour Forms Order Line at 1 800 356-6302.
                                                                                                    Printed by authority of the State of Illinois
                                                                                                    (2,000 - 10/04 - 2050346)

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