St 125 Form PDF Details

The Department of Taxation and Finance's ST-125 form serves a crucial role for those involved in farm production and commercial horse boarding operations in New York State. This form is an exemption certificate that allows eligible farmers and horse boarding operators to make tax-exempt purchases that are directly related to their agricultural operations. The form specifies different types of purchases that can be exempt from sales and use tax, including certain tangible personal property, services, and utilities that are used predominantly in farming or horse boarding. It distinguishes between single-purchase certificates and blanket certificates, providing flexibility based on the purchaser's needs. Moreover, the ST-125 form has been updated to include a section for the tax-exempt purchase of drugs or medicine for livestock or poultry, reflecting changes in tax legislation effective from June 1, 2018. It is essential for purchasers to accurately fill out and provide the form to vendors to legitimize the exemption. Misuse of this certificate comes with stringent penalties, underlining the importance of its proper use and the serious consequences of any attempt to evade taxes. The form not only facilitates tax-exempt purchases for eligible parties but also outlines the responsibilities of both purchasers and sellers to ensure compliance with New York State tax laws.

QuestionAnswer
Form NameSt 125 Form
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namesnys st 125 tax exempt form, farmers exemption ny form, st125 form, nys st 125 form

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Department of Taxation and Finance

 

 

 

ST-125

 

New York State and Local Sales and Use Tax

 

 

Farmer’s and Commercial Horse Boarding

(6/18)

 

 

 

 

 

 

Operator’s Exemption Certiicate

 

 

 

 

 

 

 

 

 

 

Name of seller

 

Name of purchaser

 

 

 

 

 

 

 

 

 

 

Address (number and street)

 

Address (number and street)

 

 

 

 

 

 

 

 

 

 

City, town, or village

State ZIP code

City, town, or village

State

ZIP code

 

 

 

 

 

 

Commercial horse boarding operator – provide Certiicate of Authority number:

 

 

 

 

 

 

 

 

 

 

Mark an X in the applicable box:

Single-purchase certiicate

Blanket certiicate

You cannot use this form to purchase motor fuel (gasoline) or diesel motor fuel exempt from tax (see Note below).

I certify that the purchase(s) is (are) exempt from payment of sales and use taxes on the property or service(s) indicated below. The property or service(s) will be used or consumed in farm production or in a commercial horse boarding operation, or in both, in the exempt manner indicated below. Mark an X in any applicable boxes.

A. The tangible personal property, whether or not incorporated in a building or structure, will be used or consumed predominantly (more than 50%) either in the production for sale of tangible personal property by farming or in a commercial horse boarding operation, or in both. This includes farming equipment as well as building materials that will be used to erect, install, repair, maintain, or service a building or structure used predominantly either in farm production or in a commercial horse boarding operation, or both.

B. The service consists of installing, repairing, maintaining, or servicing exempt tangible personal property used or consumed predominantly either in farm production or in a commercial horse boarding operation, or in both.

C. The service consists of repairing, maintaining, or servicing a building, structure, or other real property used or consumed predominantly either in farm production or in a commercial horse boarding operation, or in both.

D. The motor vehicle will be used predominantly either in farm production or in a commercial horse boarding operation, or in both.

E. The gas (including propane in containers of 100 pounds or more), electricity, refrigeration, or steam, or the gas, electric, refrigeration, or steam service, will be used or consumed either in farm production or in a commercial horse boarding operation, or in both.

F. The drugs or medicine will be used by a person (including a veterinarian performing veterinary services) on livestock or poultry used in farm production. Note: This box is valid only for purchases on or after June 1, 2018

(SEE INSTRUCTIONS).

Note: To purchase motor fuel (gasoline) or diesel motor fuel exempt from tax:

Use Form FT-1004, Certiicate for Purchases of Non-Highway Diesel Motor Fuel or Residual Petroleum Product for Farmers and Commercial Horse Boarding Operations, for certain purchases of diesel motor fuel.

Use Form FT-420, Refund Application for Farmers Purchasing Motor Fuel, to claim a refund of the motor fuel excise tax, the petroleum business tax, and the state and local sales tax on certain purchases.

Use Form FT-500, Application for Refund of Sales Tax Paid on Petroleum Products, to claim a refund of sales tax on certain purchases.

Certiication: 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 New York State Law, punishable by a substantial ine and a possible jail sentence. I understand that this document is required to be iled with, and delivered to the vendor as agent for the Tax Department for the purposes of Tax Law section 1838 and is deemed a document required to be iled with the

Tax Department for the purpose of prosecution of offenses. I also understand that the Tax Department is authorized to investigate the validity of tax exclusions or exemptions claimed and the accuracy of any information entered on this document.

Signature of purchaser or purchaser’s representative (give title and relationship)

Type or print the name, title, and relationship that appears in the signature box

Date

/ /

This certiicate is not valid unless all entries have been completed by the purchaser.

Page 2 of 2 ST-125 (6/18)

Instructions

New

Box F – Effective June 1, 2018, mark an X in this box for purchases of drugs or medicine that will be used by a person (including a veterinarian performing veterinary services) on livestock or poultry used in farm production. Box F is not valid for purchases of drugs or medicine made before June 1, 2018, and the purchaser must use

Form AU-11, Application for Credit or Refund of Sales and Use Tax, to request a refund or credit of any sales taxes paid for such purchases. For more information, see TSB-M-18(1)S, Summary of Sales and Use Tax Changes Enacted in the 2018-2019 Budget Bill.

Deinitions

Farm production means the production of tangible personal property for sale by farming. Farming includes agriculture, horticulture, viniculture, viticulture, aquaculture, silviculture, or loriculture; stock, dairy, poultry, fruit, vegetable, fur bearing animal, graping, truck, and tree farming; ranching; operating nurseries, greenhouses, vineyard trellises, or other similar structures

used primarily for the raising of agricultural, horticultural, vinicultural, viticultural, silvicultural, or loricultural commodities; operating orchards; raising, growing, and harvesting crops, livestock, and livestock products; and

raising, growing, and harvesting woodland products,

including but not limited to timber, logs, lumber, pulpwood, posts, and irewood. Administrative activities that are predominantly related to farm production are considered

to be activities of farm production. Farm production begins

with the preparation of the soil or other growing medium and, in the case of animals, from the beginning of the

life cycle. Production ceases when the product is ready for sale in its natural state; for farm products that will be

converted into other products, farm production ceases when the normal development of the farm product has reached a stage where it will be processed or converted into a related product.

Predominantly means more than 50%, measured, for example, by hours of usage or by miles traveled.

Commercial horse boarding operation means an agricultural enterprise of at least seven acres and boarding at least

10 horses, regardless of ownership, that receives $10,000 or more in gross receipts annually from fees generated either through the boarding of horses or through the production for sale of crops, livestock, and livestock products, or through

both such boarding and such production. Under no circumstances shall this include an operation whose primary on-site function is horse racing.

Misuse of this certiicate

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. These include:

a penalty equal to 100% of the tax due;

a $50 penalty for each fraudulent exemption certiicate issued;

criminal felony prosecution, punishable by a substantial ine and a possible jail sentence; and

revocation of your Certiicate of Authority, if you are required to be registered as a vendor. See

TSB-M-09(17)S, Amendments that Encourage Compliance with the Tax Law and Enhance the Tax Department’s Enforcement Ability, for more information.

To the seller

When making purchases that qualify for exemption from

sales and use tax, the purchaser must provide you with this exemption certiicate with all entries completed to

establish the right to the exemption.

As a New York State registered vendor, you may accept an exemption certiicate in lieu of collecting tax and be protected from liability for the tax if the certiicate is valid. The certiicate will be considered valid if it is:

accepted in good faith;

in your possession within 90 days of the transaction; and

properly completed (all required entries were made).

An exemption certiicate is accepted in good faith when you have no knowledge that the exemption certiicate is false or

is fraudulently given, and you exercise reasonable ordinary

due care. If you do not receive a properly completed certiicate within 90 days after the delivery of the property

or service, you will share with the purchaser the burden of proving the sale was exempt.

Failure to collect sales or use tax, as a result of accepting an improperly completed exemption certiicate or receiving the certiicate more than 90 days after the sale, will make

you personally liable for the tax plus any penalty and interest charges due.

If the blanket certiicate 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. A blanket certiicate remains in effect

until the purchaser gives you written notice of revocation,

or until the Tax Department notiies you that the purchaser

may not make exempt purchases.

You must maintain a method of associating an invoice

(or other source document) for an exempt sale with the exemption certiicate you have on ile from the purchaser. You must keep this certiicate at least three years after the

due date of your sales tax return to which it relates, or the date the return was iled, if later.

Privacy notiication

New York State Law requires all government agencies that

maintain a system of records to provide notiication of the legal

authority for any request for personal information, the principal purpose(s) for which the information is to be collected, and where it will be maintained. To view this information, visit our

website, or, if you do not have Internet access, call and request Publication 54, Privacy Notiication. See Need help? for the Web address and telephone number.

Need help?

Visit our website 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) or TDD

Dial 7-1-1 for the

equipment users

New York Relay Service

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