Homepage Blank Idaho St 124 PDF Form

Form Specifications

Fact Name Description
Governing Law The ST-124 form is governed by New York State Tax Law.
Purpose This form certifies that a project qualifies as a capital improvement for sales tax exemption.
Completion Requirement Both the customer and contractor must complete and sign the form for it to be valid.
Retention The contractor must keep the completed ST-124 form on file for at least three years.
Capital Improvement Definition A capital improvement must add value, prolong the property's life, and become a permanent part of it.
Exemption Limitations The form cannot be used to purchase building materials exempt from tax.
Tax Liability Contractors are liable for sales tax on materials unless the work qualifies as a capital improvement.
Floor Covering Rules Certain floor coverings qualify as capital improvements if installed in new construction or total reconstruction.
Good Faith Acceptance Contractors must accept the form in good faith, having no knowledge of any false information.
Customer's Burden of Proof If a contractor accepts the form within 90 days, the customer must prove the transaction was not taxable.

Common mistakes

Completing the Idaho ST-124 form can be a straightforward process, but several common mistakes can lead to complications or delays. Understanding these pitfalls can help ensure a smoother experience for both customers and contractors.

One frequent error occurs when individuals fail to read the form thoroughly before filling it out. The instructions provide essential guidance on what information is required. Skipping this step may result in incomplete or incorrect entries, making the form invalid.

Another mistake is neglecting to provide complete information about the customer and contractor. This includes names, addresses, and sales tax Certificate of Authority numbers. Omitting any of this data can lead to confusion and may require resubmission of the form.

Additionally, many people mistakenly mark the wrong box when certifying ownership of the property. It is crucial to accurately indicate whether the individual is the owner or a tenant. Misrepresentation can have serious tax implications.

Describing the capital improvement inaccurately is another common error. The form requires a clear and precise description of the work to be performed. Vague or incomplete descriptions can lead to misunderstandings regarding the nature of the improvement and its tax status.

Some individuals also overlook the importance of signatures. Both the customer and contractor must sign the form for it to be valid. A missing signature can render the entire document ineffective.

Furthermore, failing to attach a copy of the written contract, if one exists, can create issues. This documentation serves as evidence of the agreement between the parties and supports the claims made in the ST-124 form.

Another mistake is assuming that all improvements qualify as capital improvements. Not all work performed on a property meets the criteria outlined in the guidelines. Understanding what constitutes a capital improvement is essential to avoid tax liabilities.

Lastly, individuals often forget to retain a copy of the completed form. Keeping a record of the ST-124 is important for future reference and to ensure compliance with tax regulations. Without proper documentation, proving the validity of the transaction can become challenging.

Your Questions, Answered

  1. What is the Idaho St 124 form?

    The Idaho St 124 form is a Sales and Use Tax Certificate of Capital Improvement. It is used in New York State to certify that certain work performed by a contractor qualifies as a capital improvement to real property. The form must be completed and signed by both the customer and the contractor, and it serves as evidence that the work will not be subject to sales tax.

  2. Who needs to complete the Idaho St 124 form?

    Both the customer and the contractor must complete the form. The customer must provide details about the property and the nature of the capital improvement. The contractor must certify that they will perform the work described and accept the form in good faith.

  3. What qualifies as a capital improvement?

    A capital improvement must meet three criteria: it must substantially add to the value of the property, it must become a permanent part of the property, and it must be intended to be a permanent installation. Examples include major renovations, additions, or installations that enhance the property’s value and lifespan.

  4. Can the Idaho St 124 form be used to purchase building materials tax-free?

    No, the Idaho St 124 form cannot be used to purchase building materials or other tangible personal property tax-free. Contractors must pay tax on these purchases even if the work performed is considered a capital improvement.

  5. What happens if the contractor does not collect the tax properly?

    If a contractor accepts an improperly completed Idaho St 124 form, they may become personally liable for the tax, along with any penalties and interest that may accrue. It is essential for contractors to ensure that the form is filled out correctly.

  6. How long must the contractor keep the Idaho St 124 form on file?

    Contractors must retain the Idaho St 124 form for at least three years after the due date of the last tax return related to the transaction or the date the return was filed, whichever is later. This is crucial for maintaining proper documentation for tax purposes.

  7. What should a contractor do if they do not receive the form within 90 days?

    If a contractor does not receive a properly completed Idaho St 124 form within 90 days of rendering services, they bear the burden of proving that the work performed was a capital improvement. This does not change the taxable status of the transaction, but it does place the onus on the contractor to demonstrate the nature of the work.

  8. Are there any exceptions to the rules regarding capital improvements?

    Yes, certain items such as appliances or furniture that do not become a permanent part of the property must be taxed separately. Contractors must collect tax on the installation of these items, as they are not considered part of a capital improvement.

  9. Where can I find more information or assistance regarding the Idaho St 124 form?

    For additional information, you can visit the New York State Department of Taxation and Finance website at www.tax.ny.gov. They provide resources and assistance regarding tax-related questions, including the Idaho St 124 form.

Dos and Don'ts

When filling out the Idaho St 124 form, there are important guidelines to follow. Here are six things you should and shouldn't do:

  • Do read the form completely before making any entries.
  • Do ensure that all required fields are filled out accurately.
  • Do keep a copy of the completed form for your records.
  • Do make sure both the customer and contractor sign the form.
  • Don't use the form to purchase building materials exempt from tax.
  • Don't submit an incomplete form, as it will not be valid.

Documents used along the form

The Idaho ST-124 form is crucial for documenting capital improvements and ensuring compliance with tax regulations. However, several other forms and documents often accompany it to facilitate the process. Below is a list of these additional documents, each serving a specific purpose.

  • Form ST-120.1: Contractor Exempt Purchase Certificate - This form allows contractors to purchase materials tax-free if they will be incorporated into a capital improvement project.
  • Form ST-125: Resale Certificate - Used by businesses to purchase goods without paying sales tax, provided those goods will be resold in the regular course of business.
  • Form ST-131: Exempt Use Certificate - This document is for purchasers who claim an exemption from sales tax for specific uses, such as certain manufacturing processes.
  • Form ST-2: Exempt Organization Certificate - Non-profit organizations use this form to purchase items without sales tax when the purchases are for exempt purposes.
  • Motor Vehicle Bill of Sale - This document is essential for recording the sale and transfer of vehicle ownership; for more information, visit legalpdf.org.
  • Form ST-3: Resale Certificate - Similar to the ST-125, this certificate allows for tax-free purchases of items intended for resale.
  • Form ST-121: Exempt Use Certificate for Manufacturing - This form is specifically for manufacturers to claim exemptions on purchases of materials used in production.
  • Written Contracts - A formal agreement between the customer and contractor detailing the scope of work, materials, and costs associated with the capital improvement.
  • Invoices - Detailed bills provided by the contractor to the customer, outlining the work performed and the associated costs, which may be necessary for tax documentation.
  • Proof of Payment - Receipts or bank statements that serve as evidence of payment for the services rendered or materials purchased.
  • Tax Exemption Letters - Letters from tax authorities confirming the tax-exempt status of the customer or the project, which can be critical for compliance.

These documents work together to ensure that capital improvements are properly documented and that all parties understand their tax obligations. Keeping accurate records can save time and prevent potential issues down the road.

Detailed Instructions for Filling Out Idaho St 124

Completing the Idaho ST-124 form is essential for documenting capital improvements. This process involves providing necessary information about the customer, contractor, and the project itself. Follow the steps below to ensure accurate completion of the form.

  1. Begin by entering the name of the customer. Print or type the full name clearly.
  2. Next, input the name of the contractor. Again, ensure clarity by printing or typing.
  3. Fill in the address of the customer, including the number and street.
  4. Provide the city, state, and ZIP code for the customer's address.
  5. If applicable, include the Sales Tax Certificate of Authority number for the customer.
  6. Now, fill in the address of the contractor, including the number and street.
  7. Provide the city, state, and ZIP code for the contractor's address.
  8. If applicable, include the Sales Tax Certificate of Authority number for the contractor.
  9. In the section labeled "To be completed by the customer," describe the capital improvement to be performed.
  10. Enter the project name and the street address where the work will take place.
  11. Fill in the city, state, and ZIP code for the project location.
  12. Mark one box to indicate whether you are the owner or tenant of the property.
  13. Mark one box to indicate whether the project includes or does not include the sale of tangible personal property.
  14. Sign the form as the customer. Include your title and the date.
  15. For the contractor's section, the contractor must sign the form, certifying acceptance in good faith. Include the title and date.

After filling out the form, ensure that both parties retain a copy for their records. This documentation is crucial for tax purposes and compliance with regulations surrounding capital improvements.

Document Example

New York State Department of Taxation and Finance

ST-124

New York State and Local Sales and Use Tax

Certificate of Capital Improvement

(2/12)

 

After this certificate is completed and signed by both the customer and the contractor performing the capital improvement, it must be kept by the contractor.

Read this form completely before making any entries.

This certificate may not be used to purchase building materials exempt from tax.

Name of customer (print or type)

 

 

Name of contractor (print or type)

 

 

 

 

 

 

 

 

Address (number and street)

 

 

Address (number and street)

 

 

 

 

 

 

 

 

City

State

ZIP code

City

State

ZIP code

 

 

 

 

 

 

Sales tax Certificate of Authority number (if any)

 

 

Sales tax Certificate of Authority number (if any)

 

 

 

 

 

 

 

 

To be completed by the customer

Describe capital improvement to be performed:

Project name

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Street address (where the work is to be performed)

 

 

 

 

City

 

 

 

 

 

State

ZIP code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I certify that:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

฀ ฀

 

(mark one)

 

owner

tenant of the real property identified on this form; and

 

 

 

 

 

 

 

฀ ฀

 

 

฀ ฀

 

฀ ฀

and

 

 

(mark one)

 

includes

does not include the sale of any tangible personal property that, when installed, does not

become a permanent part of the real property (for example, a free-standing microwave or washing machine).

 

 

 

I understand that:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

฀ ฀

 

 

฀ ฀

labor if it is determined that this work does not qualify as a capital improvement; and

 

 

 

 

 

 

 

฀ ฀

 

 

 

 

transferred to me pursuant to this contract when the property installed by the contractor does not become a permanent part of the real property; and

฀ ฀

฀ ฀

฀ ฀ ฀

฀ ฀

Signature of customer

Title

Date

To be completed by the contractor

I, the contractor, certify that I have entered into a contract to perform the work described by the customer named above, and that I accept this form in good faith. (A copy of the written contract, if any, is attached.) I understand that my failure to collect tax as a result of accepting an improperly completed certificate will make me personally liable for the tax otherwise due, plus penalties and interest.

Signature of contractor or officer

Title

Date

This certificate is not valid unless all entries are completed.

ST-124 (2/12) (back)

Guidelines

When the customer completes this certificate and gives it to the contractor, who accepts it in good faith, it is evidence that the work to be performed will result in a capital improvement to real property.

A capital improvement to real property is an addition or alteration to real property that:

(a)substantially adds to the value of the real property or appreciably prolongs the useful life of the real property, and

(b)becomes part of the real property or is permanently affixed to the real property so that removal would cause material damage to the property or article itself, and

(c)is intended to become a permanent installation.

The work performed by the contractor must meet all three of these requirements to be considered a capital improvement. This certificate may not be issued unless the work qualifies as a capital improvement.

If a contractor performs work that constitutes a capital improvement, the contractor must pay tax on the purchase of building materials or other tangible personal property, but is not required to collect tax from the customer for the capital improvement.

For guidance as to whether a job is a repair or a capital improvement, see Publication 862, Sales and Use Tax Classifications of Capital Improvements and Repairs to Real Property.

A contractor, subcontractor, property owner, or tenant, may not use this certificate to purchase building materials or other

tangible personal property tax free.฀ ฀

of this certificate does not relieve the contractor of the liability for sales tax on the purchase of building materials or other tangible personal property subsequently incorporated into the real property as a capital improvement unless the contractor can legally issue Form ST-120.1, Contractor Exempt Purchase Certificate. (See Publication 862 for additional information.)

The term materials is defined as items that become a physical component part of real or personal property, such as lumber, bricks, or steel. This term also includes items such as doors, windows, sinks, and furnaces used in construction.

Floor covering

Floor covering such as carpet, carpet padding, linoleum and vinyl roll flooring, carpet tile, linoleum tile, and vinyl tile installed as the initial finished floor covering in new construction, a new addition to an existing building or structure, or in a total reconstruction of an existing building or structure, constitutes a capital improvement regardless of the method of installation. As a capital improvement, the charge to the property owner for the installation of floor covering is not subject to New York State and local sales and use taxes. However, the retail purchase of floor covering (such as carpet or padding) itself is subject to tax.

Floor covering installed other than as described above does not qualify as a capital improvement. Therefore, the charges for materials and labor are subject to sales tax. The contractor may apply for a credit or refund of any sales tax already paid on the materials.

The term floor covering does not include flooring such as ceramic tile, hardwood, slate, terrazzo, and marble. The rules

for determining when floor covering constitutes a capital improvement do not apply to such flooring. The criteria stated in (a), (b), and (c) above apply to such flooring.

A certificate is accepted in good faith when a contractor has no knowledge that the certificate is false or is fraudulently given, and reasonable ordinary due care is exercised in the acceptance of the certificate.

If a contractor gets a properly completed Form ST-124 from the customer within 90 days after rendering services, and accepts it in good faith, the customer bears the burden of proving the job or transaction was not taxable.

If you are a contractor who installs items such as washing machines, clothes dryers, dishwashers, refrigerators, furniture, etc., which when installed or placed in real property do not become part of the real property, you must collect tax on your charge for the installation. The individual charge for any of these items is also taxable as the sale of tangible personal property.

If a contractor does not get a properly completed Certificate of Capital Improvement within 90 days, the contractor bears the burden of proving the work or transaction was a capital improvement. The failure to get a properly completed certificate, however, does not change the taxable status of a transaction; a contractor may still show that the transaction was a capital improvement.

The contractor must keep any exemption certificate for at least three years after the due date of the last return to which it relates, or the date the return was filed, if later. The contractor must also maintain a method of associating an exempt sale made to a particular customer with the exemption certificate on file for that customer.

Need help?

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Telephone assistance

 

Sales Tax Information Center:

(518) 485-2889

To order forms and publications:

(518) 457-5431

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Privacy notification

The Commissioner of Taxation and Finance may collect and maintain personal information pursuant to the New York State Tax Law, including but not limited to, sections 5-a, 171, 171-a, 287, 308, 429, 475, 505, 697, 1096, 1142, and 1415 of that Law; and may require disclosure of social security numbers pursuant to 42 USC 405(c)(2)(C)(i).

This information will be used to determine and administer tax liabilities and, when authorized by law, for certain tax offset and exchange of tax information programs as well as for any other lawful purpose.

Information concerning quarterly wages paid to employees is provided to certain state agencies for purposes of fraud prevention, support enforcement, evaluation of the effectiveness of certain employment and training programs and other purposes authorized by law.

Failure to provide the required information may subject you to civil or criminal penalties, or both, under the Tax Law.

This information is maintained by the Manager of Document Management, NYS Tax Department, W A Harriman Campus, Albany NY 12227; telephone (518) 457-5181.

Misconceptions

Misconceptions about the Idaho St 124 form can lead to confusion and potential tax liabilities. Here are seven common misconceptions:

  • Misconception 1: The ST-124 form can be used to purchase materials tax-free.
  • This is incorrect. The ST-124 form is specifically for capital improvements and cannot be used to buy building materials or other tangible personal property without tax.

  • Misconception 2: Any work performed qualifies as a capital improvement.
  • Not all work qualifies. The work must meet specific criteria, including adding value or prolonging the life of the property and becoming a permanent part of it.

  • Misconception 3: Contractors do not need to keep the ST-124 form on file.
  • Contractors must retain the completed ST-124 form for at least three years after the last tax return related to the transaction.

  • Misconception 4: The customer is always responsible for sales tax on capital improvements.
  • If a contractor accepts the ST-124 form in good faith, the contractor is responsible for the sales tax on materials, not the customer.

  • Misconception 5: Floor covering installation is always considered a capital improvement.
  • This is not true. Floor covering must be installed under specific conditions to qualify as a capital improvement; otherwise, it is subject to sales tax.

  • Misconception 6: The ST-124 form is valid if it is not fully completed.
  • The form is not valid unless all entries are completed. Incomplete forms can lead to tax liabilities for the contractor.

  • Misconception 7: A contractor can disregard the ST-124 form if they believe the work is a capital improvement.
  • Contractors must obtain a properly completed ST-124 form to shift the tax burden. Failing to do so may result in personal liability for sales tax.