Delaware Form 373 – Fill Out and Use This PDF

The Delaware 373 form, known as the Wholesale Exemption Certificate, serves as a crucial document for substantiating exempt sales to out-of-state purchasers who pick up goods in Delaware. It details the requirements for both the seller and purchaser to validate the exemption from wholesale gross receipts tax for goods intended for delivery and consumption outside Delaware. Knowing how to accurately complete and utilize the Delaware 373 form is essential for maintaining compliance and avoiding tax liabilities. To start filling out the form efficiently, click the button below.

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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.

Question	Answer
Form Name	Delaware Form 373
Form Length	2 pages
Fillable?	No
Fillable fields	0
Avg. time to fill out	30 sec
Other names	delaware wholesale exemption certificate, delaware sales tax exemption certificate, purchasers, delaware resale certificate pdf

How to Edit Delaware Form 373 Online for Free

This certificate must be secured from the purchaser before or at the time of sale. Use the FormsPal editor above to fill in and download your copy at no cost.

How to Complete the Certificate

Step 1: Click the "Get Form" button at the top of this page to open the PDF editor. No software download is required.

Step 2: Complete the Seller section. Enter the selling company's legal name, address, Federal Employer Identification Number, the applicable invoice number, and the date of the transaction.

delaware resale certificate conclusion process explained (part 1)

Step 3: Have the out-of-state purchaser fill in their section with their business name, state of incorporation, address, and FEIN. Both parties then decide whether this will be a single purchase certificate for one transaction or a blanket certificate covering ongoing purchases from the same wholesaler.

Revised, Signature of Officer or Authorized, and Title in delaware resale certificate

Be careful when completing the signature fields. An officer or authorized representative of the purchasing company must sign and date the certificate under penalty of perjury.

Step 4: Both the seller and the purchaser keep a signed copy. The seller must retain their copy for at least three years after the transaction date.

Single vs. Blanket Certificates

A single purchase certificate covers one transaction only and must cite the specific invoice number for that sale. A blanket certificate is the right choice when your business sells regularly to the same out-of-state wholesaler, as one signed certificate covers all future qualifying purchases. Sellers should confirm the purchaser's continuing eligibility at least once a year because the blanket certificate does not expire automatically when the buyer's circumstances change.

Key Compliance Points

The exemption applies only when goods are physically picked up in Delaware by a purchaser who will then deliver and consume them outside the state. The Director of Revenue may request additional details about the nature of the sale or the organizational structure of the purchaser at any time. If a valid certificate cannot be produced during an audit, the Division of Revenue may revoke the exemption and assess unpaid taxes against the seller.

Common Questions

Who signs the certificate?
An officer or authorized representative of the purchasing business signs and dates it. The seller retains the original and the purchaser keeps a copy for their own records.

What happens if the certificate is missing at audit?
Without a valid signed certificate on file, the seller may owe wholesale gross receipts tax on the transaction even if the goods were genuinely delivered outside Delaware. Always collect the signed form before shipping or releasing the goods.

How long must the certificate be kept?
Delaware law requires sellers to retain a signed copy for a minimum of three years after each covered sale. Organizing records by invoice number makes retrieval straightforward when a review is requested.

Related Tax Exemption Forms

For businesses managing tax compliance across multiple states, you may also need a Tennessee Exemption Certificate, a Texas Sales Tax Exemption Certificate, or a Maryland Sales and Use Tax Resale Certificate. You can also find related Delaware documents including Delaware Form 1027 and Delaware Form 321 on FormsPal.