Delaware Form 373 – Fill Out and Use This PDF

Delaware Form 373 PDF Details

The Wholesale Exemption Certificate (Form 373) allows Delaware businesses to document out-of-state sales that are exempt from the state's wholesale gross receipts tax. It covers transactions where goods are picked up in Delaware by a purchaser who will then deliver and consume them outside the state. The exemption is only valid when a completed, signed certificate is on file before or at the time of sale.

The certificate captures information from both parties. The seller records their business name, address, and Federal Employer Identification Number, along with the invoice number and sale date. The purchaser provides their business name, state of incorporation, physical address, and FEIN. An officer or authorized representative of the purchasing company then signs and dates the certificate under penalty of perjury, confirming that the stated facts are accurate.

The certificate supports two types of transactions. A single purchase certificate covers one specific transaction and must reference that transaction's invoice number. A blanket certificate covers all future purchases by the same out-of-state wholesaler until the seller revokes it. Sellers should verify the purchaser's eligibility periodically, as a stale blanket certificate does not protect the seller if the buyer's circumstances change.

Record-keeping is essential. Sellers must keep a signed copy of the certificate for at least three years after each covered sale. The Director of Revenue can request additional information about the nature of the sale or the purchasing organization at any time. Failure to maintain valid documentation or to comply with verification requests may result in revocation of the exemption and retroactive tax liability for the seller.