The S 3C Vermont form is a Sales Tax Exemption Certificate specifically designed for contractors completing qualified exempt projects. This form allows contractors to purchase materials without incurring sales tax when working with qualifying organizations or on specific exempt projects. To ensure compliance and maximize your benefits, consider filling out the form by clicking the button below.
The S 3C Vermont form serves as a vital tool for contractors engaged in qualified exempt projects, allowing them to claim sales tax exemptions under specific conditions. This form is designed for contractors working with qualifying organizations, such as 501(c)(3) entities or government agencies, on projects that are intended for public use. Each project requires a separate exemption certificate, which must be filed with the seller rather than the Vermont Department of Taxes. The form includes sections for both single and multiple purchases, capturing essential details like the contractor's business name, address, and the project specifics, including starting and completion dates. Contractors must certify that they understand the guidelines for using the exemption certificate, ensuring that all information provided is accurate and complete. Notably, tangible personal property purchased must be incorporated into real estate or consumed on the job; otherwise, use tax may apply. Understanding the nuances of this form is crucial for contractors to avoid tax liabilities and ensure compliance with Vermont tax regulations.
Vermont Sales Tax Exemption Certificate
for
CONTRACTORS COMPLETING A QUALIFIED EXEMPT PROJECT
(listed below)
32 V.S.A. § 9743(1)-(4), § 9741(39)
FORM S-3C
Complete one exemption certificate for EACH project
To be filed with the SELLER, not with the VT Department of Taxes.
c Single Purchase - Enter Purchase Price $ _________________
c Multiple Purchase (effective for subsequent purchases.)
Name
Federal ID Number
CONTRACTOR
Business Name
For Individuals/Partnerships
Social Security
Number
Address
Telephone Number
City
State
ZIP Code
Seller's Name
SELLER
ORGANIZATION
Organization's Name
Exempt as:
EXEMPT
c501(c)(3) Registered in Vermont. Vermont Sales and Use Tax Account Number_________________________
cUnited States of America - Agency ____________________________________________________________
cState of Vermont or Subdivision - Name ________________________________________________________
cLocal Development Corporation covered by 10 V.S.A., Chapter 12
cQualifying Manufacturing Facility 32 V.S.A. § 9741(39)
Project
Starting Date
Approximate Completion Date
I certify that I have read and complied with the instructions provided with respect to the use of this Exemption Certificate. I further certify that the above statements are true, complete, and correct, and that no material information has been omitted.
Signature of Buyer or Authorized Agent
Title
Date
This form may be photocopied.
Rev.11/19
Instructions for Use of the Certificate of Exemption for Contractors (Form S-3C)
(For use only in completion of qualified projects for exempt organizations)
All tangible personal property purchased by a contractor is taxable as the contractor is considered to be the end-user with the finished product normally being real property, which is not subject to Vermont Sales and Use Tax. However, there are certain exemptions allowed for contractors purchasing materials:
•When the contractor is working with a qualifying exempt organization
•When the contractor is working on a specific qualifying exempt project
Tangible personal property exempted from tax must be incorporated into the real estate, or the supplies must be used or consumed on the job. If the contractor buys materials or supplies exempt from tax but uses them later in a taxable project, the contractor must pay use tax on those materials and supplies. Purchases of equipment and tools used by the contractor are subject to tax.
Qualifying Organizations & Projects
A qualifying organization contracts to construct, reconstruct, alter, remodel, or repair any building structure or public works project owned by the Federal government, State of Vermont (and its agencies and subdivisions), or a 501(c)(3) as designated by the Internal Revenue Service and registered with the Vermont Department of Taxes. Please note that many nonprofit organizations, such as civic, social, and fraternal organizations, are not 501(c)(3)s and not all 501(c)(3)s projects qualify for exemption. To qualify, the project must be used exclusively for public purposes, and the project contract must be granted by an exempt organization. Turnkey projects are not exempt, even if the ultimate owner may be an exempt organization.
Qualifying Manufacturing Facility
Under 32 V.S.A. § 9741(39), Sales of building materials within any three consecutive years in excess of $1,000,000.00 in purchase value used in the construction, renovation, or expansion of facilities which are used exclusively, except for isolated or occasional uses, for the manufacture of tangible personal property for sale.
Acceptance in “Good Faith”
A seller who accepts an exemption certificate in “good faith” is relieved of liability for collection or payment of
the Vermont Sales and Use Tax otherwise due on tangible personal property covered by the certificate. Good faith depends upon a consideration of all the conditions surrounding the transaction. To receive an exemption in good faith, a seller is presumed to be familiar with the law and the regulations pertinent to the business in which the seller deals. In order for good faith to be established, all of the following conditions must be met:
a.The buyer must present the certificate prior to or at the time of the purchase of the property.
b.The certificate must contain no statement or entry which the seller knows, or has reason to know, is false or misleading.
c.The certificate is on an exemption form issued by the Vermont Department of Taxes or a form with substantially identical language.
d.The certificate must be dated and complete and in accordance with published instructions.
e.The Vermont Sales and Use Tax account number is provided on the certificate where applicable
f.The property to be purchased is of a type ordinarily used by the buyer for the purpose described on the certificate.
Improper Certificate/Lack of Certificate
Sales of tangible personal property subject to tax which are not supported by properly executed exemption certificates are taxable retail sales. The burden of proof that the tax was not required to be collected is upon the SELLER.
Retention of Certificates by the Seller
Sellers must retain exemption certificates for at least three years from the date of the last sale covered by the certificate to document why tax was not collected from the buyer.
Multiple Purchase Exemption Certificates
If the buyer presents a “Multiple Purchase” exemption certificate to the seller, it may be used only when purchasing tangible personal property for use on the qualified exempt project as noted on this exemption certificate. For each purchase covered by the exemption certificate, the sales slip or invoice must show the buyer’s name and address sufficient to link the purchase to the exemption certificate on file.
Other types of exemption certificates that may be applicable are available on our website at: www.tax.vermont.gov. For questions regarding how these exemption certificates may be properly applied, please contact the Vermont Department of Taxes at (802) 828-2551.
FORM S-3C INSTRUCTIONS
Page 1 of 1 Rev. 11/19
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