Idaho St 124 Template

Idaho St 124 Template

The Idaho St 124 form is a certificate used for claiming exemptions from sales tax on capital improvements made to real property. This form must be completed and signed by both the customer and the contractor, and it serves as evidence that the work performed qualifies as a capital improvement. It is essential for contractors to understand the requirements and implications of this form to ensure compliance and avoid potential liabilities.

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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?

Visit our Web site at www.tax.ny.gov

get information and manage your taxes online

check for new online services and features

Telephone assistance

 

Sales Tax Information Center:

(518) 485-2889

To order forms and publications:

(518) 457-5431

Text Telephone (TTY) Hotline (for persons with

hearing and speech disabilities using a TTY): (518) 485-5082

Persons with disabilities: In compliance with the Americans with Disabilities Act, we will ensure that our lobbies, offices, meeting rooms, and other facilities are

accessible to persons with disabilities. If you have questions about special accommodations for persons with disabilities, call the information center.

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.

Essential Queries on This Form

  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. This certificate helps ensure that the customer does not have to pay sales tax on the labor portion of the project.

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

    Both the customer and the contractor must complete the Idaho St 124 form. The customer certifies that the work being performed qualifies as a capital improvement, while the contractor accepts the form in good faith.

  3. What qualifies as a capital improvement?

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

    • Substantially adds to the value of the property or prolongs its useful life.
    • Becomes part of the property or is permanently affixed, making removal cause material damage.
    • Is intended to be a permanent installation.
  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 sales tax on these purchases, even if the work qualifies as a capital improvement.

  5. What happens if a contractor accepts an improperly completed form?

    If a contractor accepts an improperly completed Idaho St 124 form, they may be held personally liable for the sales tax that should have been collected, along with any penalties and interest.

  6. How long should a contractor keep the Idaho St 124 form?

    Contractors must keep the Idaho St 124 form for at least three years after the due date of the last return it relates to or the date the return was filed, whichever is later.

  7. What is the process for a contractor to prove a job was a capital improvement?

    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. However, this does not change the taxable status of the transaction.

  8. Are there specific types of flooring that qualify as a capital improvement?

    Yes, floor coverings such as carpet and vinyl installed as the initial finished floor covering in new construction or total reconstruction qualify as capital improvements. However, other types of flooring like ceramic tile or hardwood do not qualify under the same criteria.

  9. What if the contractor performs work that does not qualify as a capital improvement?

    If the work performed does not qualify as a capital improvement, the contractor must collect sales tax from the customer for the labor and materials involved in the project.

  10. Where can I find more information about the Idaho St 124 form?

    For additional information, you can visit the New York State Department of Taxation and Finance website or contact their Sales Tax Information Center at (518) 485-2889.

Misconceptions

Understanding the Idaho St 124 form can be tricky, and there are several common misconceptions that can lead to confusion. Here’s a breakdown of ten prevalent myths surrounding this important document:

  1. This form is only for contractors. Many believe that only contractors need to worry about the Idaho St 124 form. In reality, both the customer and the contractor must complete and sign the form for it to be valid.
  2. The form exempts all purchases from sales tax. Some people think that the Idaho St 124 form allows for tax-free purchases of any materials. However, it can only be used for capital improvements, not for purchasing building materials exempt from tax.
  3. Capital improvements are the same as repairs. There's a misconception that any work done on a property qualifies as a capital improvement. In fact, a capital improvement must substantially add value or prolong the property's life, and it must become a permanent part of the property.
  4. Once the form is signed, the contractor has no tax responsibilities. It's a common belief that signing the form absolves the contractor of all tax liabilities. However, if the form is improperly completed, the contractor may still be personally liable for taxes due.
  5. Any contractor can use this form for any job. Not every job qualifies for the Idaho St 124 form. The work must meet specific criteria to be considered a capital improvement; otherwise, the form cannot be issued.
  6. The customer is always responsible for proving the job is taxable. Some think that the contractor always carries the burden of proof regarding tax status. In fact, if the contractor accepts a properly completed form within 90 days, the customer bears the burden of proving the job was not taxable.
  7. Floor covering is always considered a capital improvement. While certain installations of floor covering can qualify as capital improvements, it is not universally true. The specific conditions of the installation matter significantly.
  8. Once the form is completed, it can be discarded. Many believe that the Idaho St 124 form can be thrown away after completion. In reality, the contractor must keep the form for at least three years after the last return it relates to.
  9. The form can be used for personal property installations. Some people mistakenly think that the Idaho St 124 form can be applied to installations of personal property, like appliances. However, if the item does not become a permanent part of the property, it does not qualify.
  10. All contractors know how to properly use the form. There’s a misconception that all contractors are familiar with the Idaho St 124 form and its requirements. In reality, it’s crucial for both parties to understand the form and its implications to avoid potential tax issues.

By dispelling these misconceptions, both contractors and customers can navigate the complexities of the Idaho St 124 form with greater confidence and clarity.

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