Form St 121 2 PDF Details

In the realm of business operations within New York State, understanding and utilizing specific tax forms is essential for compliance and optimal financial management. Among these, the ST-121.2 form plays a critical role for entities dealing with promotional materials. Issued by the New York State Department of Taxation and Finance, this Exemption Certificate for Purchases of Promotional Materials facilitates a streamlined process for organizations to certify that their purchases of promotional materials, or associated services, qualify for tax exemption. The form encompasses various sections, including details about the purchaser and vendor, a categorization of the promotional materials or services purchased, and explicit instructions for both parties involved. It distinguishes between single-purchase and blanket certificates, requires a clear indication of the tax-exempt percentage of the purchase, and covers specific exemptions for stored promotional materials, services related to the production of said materials, and other essential items like mechanicals and artwork used in their creation. With provisions for certifying the accuracy and truthfulness of the information provided, the ST-121.2 form underscores the importance of honest communication between buyers and vendors in the intricate ecosystem of New York State's sales and use tax regulations. It also outlines the serious implications for misuse, including potential civil and criminal sanctions, thus ensuring that all parties approach the exemption with the gravity it warrants. This extensive guide serves not only as a transactional document but also as a valuable resource for understanding the nuances of tax-exempt purchases related to marketing and promotional efforts in New York State.

QuestionAnswer
Form NameForm St 121 2
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namesst121_2_fill_in st 1212 form

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New York State and Local Sales and Use Tax

ST-121.2

New York State Department of Taxation and Finance

Exemption Certificate for Purchases of Promotional Materials

(3/12)

To be completed by the purchaser and given to the vendor. Complete all required entries (see instructions).

Name of vendor

 

 

Name of purchaser

 

 

 

 

 

 

 

 

Address (number and street)

 

 

Address (number and street)

 

 

 

 

 

 

 

 

City

State

ZIP code

City

State

ZIP code

 

 

 

 

 

 

 

 

 

Purchaser’s sales tax ID number (see instructions)

 

 

 

 

 

 

 

 

Mark an X in one box:

Single-purchase certiicate

Blanket certiicate

Mark an X in all boxes that apply and enter the percentage of the purchase that qualiies as tax exempt for each marked item. Do not

enter an amount greater than what you know to be exempt. If the total purchase is exempt, enter 100.

 

 

 

 

 

 

 

Exempt

Part 1 — Purchases of promotional materials

 

percentage

A

Printed promotional materials, where the purchaser of the promotional materials mails or ships those

 

 

 

 

 

promotional materials, or causes those promotional materials to be mailed or shipped, to its customers or

 

 

 

 

 

prospective customers, without charge to such customers or prospective customers, by means of a

 

 

 

 

 

common carrier, United States Postal Service, or like delivery service

A.

 

%

B

Promotional materials upon which producing, fabricating, processing, printing, or imprinting services

 

 

 

 

 

have been directly performed, where the purchaser of the promotional materials mails or ships those

 

 

 

 

 

promotional materials, or causes those promotional materials to be mailed or shipped, to its customers or

 

 

 

 

 

prospective customers, without charge to such customers or prospective customers, by means of a

 

 

 

 

 

common carrier, United States Postal Service or like delivery service

B.

 

%

C Promotional materials mailed, shipped, or otherwise distributed from a point within the state, by or on

 

 

 

 

 

behalf of the purchaser, to its customers or prospective customers located outside New York

 

 

 

 

 

State, for use outside the state

C.

 

%

Part 2 — Purchases of services to exempt promotional materials

 

 

 

 

D Producing, fabricating, processing, printing, or imprinting services performed on promotional materials

 

 

 

 

 

exempt under Part 1, A or B

D.

%

E

Information services; or the services of producing, fabricating, processing, printing, or imprinting relating to

 

 

 

 

 

mailing lists, or activities directly in conjunction with mailing lists, provided such services are performed on,

 

 

 

 

 

or directly in conjunction with, promotional materials exempt under Part 1, A, B, or C

E.

 

%

Part 3 — Purchases of the service of storing exempt promotional materials

 

 

 

 

F

Storage provided by the same vendor who sold promotional materials exempt under Part 1, A or B, but only if

 

 

 

 

 

the purchaser of the storage service is the purchaser of such exempt promotional materials

F.

 

%

G Storage provided by the same vendor who rendered services exempt under Part 2, D or E, for promotional

 

 

 

 

 

materials exempt under Part 1, A or B, but only if the purchaser of the storage service is the purchaser of such

 

 

 

 

 

exempt promotional materials

G.

 

%

 

 

Part 4 — Purchases of mechanicals, layouts, artwork, etc.

 

 

 

 

H Mechanicals, layouts, artwork, photographs, color separations and like property purchased, manufactured,

 

 

 

 

 

processed or assembled by a person who furnishes such property to a printer and the printer uses such

 

 

 

 

 

property directly and predominantly either (1) to produce promotional materials exempt under Part 1, A or B,

 

 

 

 

 

or (2) to perform services exempt under section 1115(n)(5), for sale by such printer to the person who

 

 

 

 

 

furnished such property to the printer

H.

 

%

 

 

 

 

 

 

Certification: I certify that the above statements are true, complete, and correct, and that no material information has been omitted. I make these statements and issue this exemption certiicate with the knowledge that this document provides evidence that state and local sales or use taxes do not apply to a transaction or transactions for which I tendered this document, and that willfully issuing this document with the intent to evade any such tax may constitute a felony or other crime under the New York State Law, punishable by a substantial ine and a possible jail sentence. I understand that the vendor is a trustee for, and on account of, New York State and any locality with respect to any state or local sales or use tax the vendor is required to collect from me; that the vendor is required to collect such taxes from me unless I properly furnish this certiicate to the vendor; and that the vendor must retain this certiicate and make it available to the Tax Department upon request. I also understand that the Tax Department is authorized to investigate the validity of tax exemptions claimed and the accuracy of any information entered on this document.

Signature of purchaser or purchasing agent

Print name and title

Date

Misuse of this exemption certiicate may subject you to serious civil and criminal

sanctions in addition to the payment of any tax and interest due.

Page 2 of 2 ST-121.2 (3/12)

Instructions

To the purchaser

If you are purchasing promotional materials, or services relating to promotional materials, you must complete this form and give it to the vendor to certify the percentage of the purchase that is exempt from sales tax. Promotional materials include any advertising literature such as catalogs and brochures, and related tangible personal property (for example, annual reports, complimentary maps, other free gifts, applications, and order forms), and the envelopes used exclusively to deliver the promotional materials. Account statements, invoices, or the envelopes used to deliver them are not promotional materials.

Purchaser’s sales tax vendor ID number

If you are registered with the Tax Department for sales tax purposes, you must enter your sales tax identiication number on this form. If you are not required to be registered, enter N/A.

Percentage

Enter the percentage of the purchase that qualiies as tax exempt for each category of exempt promotional materials and services you are purchasing. If you estimate too high a percentage as exempt, you must pay tax on the portion that turns out to be taxable. If you marked an X in the Blanket certificate box, you should periodically review the percentage(s). If any percentage changes, you must issue a new blanket certiicate. The new blanket certiicate covers subsequent purchases, and remains in effect until the percentages change again and you issue a newer certiicate.

If you cannot, in good faith, determine the exempt percentage, you must pay tax at the time of purchase and request a refund.

Part 1 — Purchases of promotional materials

Printed promotional materials include any printed materials such as catalogs, literature, and related tangible personal property (such as complimentary maps, applications, and order forms), and the envelopes used exclusively to deliver the promotional materials.

Part 2 — Purchases of services to exempt promotional materials

Other purchases exempt from sales tax include information sold in the form of printed matter relating to mailing lists, including merging names, labeling envelopes, and similar services when sold in conjunction with qualifying exempt promotional materials.

Part 3 — Purchases of the service of storing exempt promotional materials

The purchaser of promotional materials exempt as described in Part 1, paragraph A or B, may also purchase certain storage charges exempt from tax if the charges are for storing exempt promotional materials and the storage is provided by the same vendor who sold the exempt printed promotional materials, or by the same vendor who rendered exempt services to the promotional materials, as described in Part 1, paragraph D or E. Storage of other promotional materials is taxable.

Part 4 — Purchases of mechanicals, layouts, artwork, etc.

Paper, ink, artwork, mechanicals, and other supplies that you purchase and furnish to the printer are exempt if the printer uses them to produce and sell to you promotional materials exempt under Part 1, A or B.

For more information on the production and use of promotional materials, see TSB-M-97(6)S, Expanded Sales and Compensating Use Tax Exemption for Promotional Materials, and TSB-M-01(4)S, Summary of Recently Enacted Sales and Use Tax Legislation.

Exemption of free gifts

Free gifts are not exempt promotional materials unless one of the following applies:

they are shipped out of state, or

they are printed materials or promotional materials upon which producing, fabricating, processing, printing, or imprinting services have been directly performed and the purchaser of the gifts mails or ships them, or causes them to be mailed or shipped, to its

customers or prospective customers, without charge to such customers or prospective customers, by means of a common carrier, United States Postal Service, or like delivery service.

To the vendor

The purchaser must give you Form ST-121.2 with all required entries completed no later than 90 days after delivery of the property or services sold, or the sale will be deemed to have been taxable at the time of the transaction. If you receive the certiicate after 90 days, both you and the purchaser assume the burden

of proving the sale was exempt, and we may require additional substantiation.

In addition, if you fail to collect tax as a result of accepting an improperly completed Form ST-121.2, you become personally liable for the tax, plus any penalty and interest due, unless the certiicate is corrected within a reasonable period of time or you otherwise prove that the transaction was not subject to tax. You must keep any exemption certiicate you receive for at least three years after the due date of the last tax return to which it relates, or the date the return is iled, if later. You must also maintain a method of associating an exempt sale made to a particular customer with the exemption certiicate you have on ile for that customer.

If the Blanket certificate box is marked, you may consider this certiicate part of any order received from the purchaser during the period that the blanket certiicate remains in effect. However, each subsequent sales slip or purchase invoice based on this blanket certiicate must show the purchaser’s name and address and,

if applicable, the NYS sales tax ID number. A blanket certiicate remains in effect until the purchaser gives you written notice of revocation, or you have knowledge that the certiicate is false or was fraudulently presented, or until the Tax Department notiies you that the purchaser may no longer make exempt purchases.

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, ofices, 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.

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For you to fill out this document, be sure to provide the necessary details in each and every blank field:

1. First, when completing the Form St 121 2, start with the form section that features the next blank fields:

Part # 1 of filling in Form St 121 2

2. Once this selection of fields is done, proceed to enter the applicable details in all these: B Promotional materials upon which, common carrier United States, C Promotional materials mailed, behalf of the purchaser to its, Part Purchases of services to, D Producing fabricating processing, exempt under Part A or B D, E Information services or the, Part Purchases of the service of, F Storage provided by the same, the purchaser of the storage, G Storage provided by the same, exempt promotional materials G, Part Purchases of mechanicals, and H Mechanicals layouts artwork.

Completing segment 2 of Form St 121 2

A lot of people generally make some mistakes while filling out the purchaser of the storage in this part. Be certain to double-check what you enter here.

3. The following part focuses on Certification I certify that the, Signature of purchaser or, Print name and title, Date, Misuse of this exemption, and sanctions in addition to the - fill out each of these blank fields.

Print name and title, Misuse of this exemption, and sanctions in addition to the inside Form St 121 2

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