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Outline

The Idaho St 124 form is a critical document for contractors and property owners engaged in capital improvement projects. This certificate serves as proof that the work being performed qualifies as a capital improvement, which is defined by specific criteria. To be considered a capital improvement, the work must significantly enhance the value of the property, extend its useful life, and become a permanent part of the real estate. The form requires both the customer and the contractor to provide essential details, including names, addresses, and a description of the capital improvement. It must be completed and signed by both parties before the contractor retains it for their records. Notably, this certificate cannot be used to purchase building materials tax-free. Instead, the contractor is responsible for paying sales tax on materials used in the project. Failure to comply with these requirements may lead to personal liability for the contractor regarding unpaid taxes. Understanding the nuances of the Idaho St 124 form is essential for both parties to ensure compliance and avoid potential tax issues.

Sample - Idaho St 124 Form

New York State Department of Taxation and Finance

ST-124

New York State and Local Sales and Use Tax

Certificate of Capital Improvement

(2/12)

 

After this certificate is completed and signed by both the customer and the contractor performing the capital improvement, it must be kept by the contractor.

Read this form completely before making any entries.

This certificate may not be used to purchase building materials exempt from tax.

Name of customer (print or type)

 

 

Name of contractor (print or type)

 

 

 

 

 

 

 

 

Address (number and street)

 

 

Address (number and street)

 

 

 

 

 

 

 

 

City

State

ZIP code

City

State

ZIP code

 

 

 

 

 

 

Sales tax Certificate of Authority number (if any)

 

 

Sales tax Certificate of Authority number (if any)

 

 

 

 

 

 

 

 

To be completed by the customer

Describe capital improvement to be performed:

Project name

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Street address (where the work is to be performed)

 

 

 

 

City

 

 

 

 

 

State

ZIP code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I certify that:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

฀ ฀

 

(mark one)

 

owner

tenant of the real property identified on this form; and

 

 

 

 

 

 

 

฀ ฀

 

 

฀ ฀

 

฀ ฀

and

 

 

(mark one)

 

includes

does not include the sale of any tangible personal property that, when installed, does not

become a permanent part of the real property (for example, a free-standing microwave or washing machine).

 

 

 

I understand that:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

฀ ฀

 

 

฀ ฀

labor if it is determined that this work does not qualify as a capital improvement; and

 

 

 

 

 

 

 

฀ ฀

 

 

 

 

transferred to me pursuant to this contract when the property installed by the contractor does not become a permanent part of the real property; and

฀ ฀

฀ ฀

฀ ฀ ฀

฀ ฀

Signature of customer

Title

Date

To be completed by the contractor

I, the contractor, certify that I have entered into a contract to perform the work described by the customer named above, and that I accept this form in good faith. (A copy of the written contract, if any, is attached.) I understand that my failure to collect tax as a result of accepting an improperly completed certificate will make me personally liable for the tax otherwise due, plus penalties and interest.

Signature of contractor or officer

Title

Date

This certificate is not valid unless all entries are completed.

ST-124 (2/12) (back)

Guidelines

When the customer completes this certificate and gives it to the contractor, who accepts it in good faith, it is evidence that the work to be performed will result in a capital improvement to real property.

A capital improvement to real property is an addition or alteration to real property that:

(a)substantially adds to the value of the real property or appreciably prolongs the useful life of the real property, and

(b)becomes part of the real property or is permanently affixed to the real property so that removal would cause material damage to the property or article itself, and

(c)is intended to become a permanent installation.

The work performed by the contractor must meet all three of these requirements to be considered a capital improvement. This certificate may not be issued unless the work qualifies as a capital improvement.

If a contractor performs work that constitutes a capital improvement, the contractor must pay tax on the purchase of building materials or other tangible personal property, but is not required to collect tax from the customer for the capital improvement.

For guidance as to whether a job is a repair or a capital improvement, see Publication 862, Sales and Use Tax Classifications of Capital Improvements and Repairs to Real Property.

A contractor, subcontractor, property owner, or tenant, may not use this certificate to purchase building materials or other

tangible personal property tax free.฀ ฀

of this certificate does not relieve the contractor of the liability for sales tax on the purchase of building materials or other tangible personal property subsequently incorporated into the real property as a capital improvement unless the contractor can legally issue Form ST-120.1, Contractor Exempt Purchase Certificate. (See Publication 862 for additional information.)

The term materials is defined as items that become a physical component part of real or personal property, such as lumber, bricks, or steel. This term also includes items such as doors, windows, sinks, and furnaces used in construction.

Floor covering

Floor covering such as carpet, carpet padding, linoleum and vinyl roll flooring, carpet tile, linoleum tile, and vinyl tile installed as the initial finished floor covering in new construction, a new addition to an existing building or structure, or in a total reconstruction of an existing building or structure, constitutes a capital improvement regardless of the method of installation. As a capital improvement, the charge to the property owner for the installation of floor covering is not subject to New York State and local sales and use taxes. However, the retail purchase of floor covering (such as carpet or padding) itself is subject to tax.

Floor covering installed other than as described above does not qualify as a capital improvement. Therefore, the charges for materials and labor are subject to sales tax. The contractor may apply for a credit or refund of any sales tax already paid on the materials.

The term floor covering does not include flooring such as ceramic tile, hardwood, slate, terrazzo, and marble. The rules

for determining when floor covering constitutes a capital improvement do not apply to such flooring. The criteria stated in (a), (b), and (c) above apply to such flooring.

A certificate is accepted in good faith when a contractor has no knowledge that the certificate is false or is fraudulently given, and reasonable ordinary due care is exercised in the acceptance of the certificate.

If a contractor gets a properly completed Form ST-124 from the customer within 90 days after rendering services, and accepts it in good faith, the customer bears the burden of proving the job or transaction was not taxable.

If you are a contractor who installs items such as washing machines, clothes dryers, dishwashers, refrigerators, furniture, etc., which when installed or placed in real property do not become part of the real property, you must collect tax on your charge for the installation. The individual charge for any of these items is also taxable as the sale of tangible personal property.

If a contractor does not get a properly completed Certificate of Capital Improvement within 90 days, the contractor bears the burden of proving the work or transaction was a capital improvement. The failure to get a properly completed certificate, however, does not change the taxable status of a transaction; a contractor may still show that the transaction was a capital improvement.

The contractor must keep any exemption certificate for at least three years after the due date of the last return to which it relates, or the date the return was filed, if later. The contractor must also maintain a method of associating an exempt sale made to a particular customer with the exemption certificate on file for that customer.

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Telephone assistance

 

Sales Tax Information Center:

(518) 485-2889

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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.

Form Information

Fact Name Description
Form Title New York State and Local Sales and Use Tax Certificate of Capital Improvement
Governing Law New York State Tax Law, Sections 5-a, 171, 171-a, 287, 308, 429, 475, 505, 697, 1096, 1142, and 1415
Purpose This form certifies that the work performed will result in a capital improvement to real property.
Requirements for Capital Improvement Work must substantially add value, become part of the property, and be intended as a permanent installation.
Tax Implications Contractors must pay tax on building materials but do not collect tax from customers for capital improvements.
Retention Period Contractors must keep the completed certificate for at least three years after the last return due date.
False Certification Liability Contractors accepting improperly completed forms may be personally liable for unpaid sales tax, penalties, and interest.

Detailed Guide for Filling Out Idaho St 124

Filling out the Idaho ST-124 form is a straightforward process that requires careful attention to detail. Once completed and signed by both the customer and the contractor, the form must be retained by the contractor. This ensures that all parties are clear on the nature of the work being performed and the tax implications involved.

  1. Begin with the Customer Information: Print or type the name of the customer in the designated space.
  2. Provide Contractor Information: Next, print or type the name of the contractor in the appropriate section.
  3. Fill in Addresses: Enter the full address (number and street) for both the customer and the contractor, including city, state, and ZIP code.
  4. Sales Tax Certificate of Authority: If applicable, include the sales tax Certificate of Authority number for both the customer and the contractor.
  5. Describe the Capital Improvement: Clearly describe the capital improvement that will be performed and provide the project name.
  6. Project Location: Specify the street address where the work is to be carried out, along with the city, state, and ZIP code.
  7. Certify Ownership: Indicate whether the customer is the owner or tenant of the property by marking the appropriate box.
  8. Confirm Inclusion of Tangible Personal Property: Mark whether the project includes or does not include the sale of any tangible personal property that will not become a permanent part of the real property.
  9. Customer Signature: The customer must sign the form, provide their title, and date the document.
  10. Contractor Certification: The contractor must sign, certify that they accept the form in good faith, and provide their title and date.

After completing these steps, ensure that all entries are filled out accurately. The contractor should keep the form on file for future reference, as it serves as important documentation regarding the capital improvement work performed.

Obtain Answers on Idaho St 124

  1. What is the Idaho ST-124 form?

    The Idaho ST-124 form is a Sales and Use Tax Certificate of Capital Improvement. This document is used to certify that certain construction work qualifies as a capital improvement, allowing the contractor to avoid charging sales tax on the labor portion of the project. It is essential that both the customer and contractor complete and sign this form.

  2. Who needs to fill out the ST-124 form?

    The ST-124 form must be filled out by both the customer and the contractor. The customer provides information about the project and certifies their status as either the owner or tenant of the property. The contractor then certifies that they will perform the work described.

  3. What qualifies as a capital improvement?

    A capital improvement must meet three criteria:

    • It must substantially add to the value of the property or prolong its useful life.
    • It must become a permanent part of the property or be affixed in such a way that removal would cause damage.
    • It must be intended as a permanent installation.

  4. Can the ST-124 form be used to purchase building materials tax-free?

    No, the ST-124 form cannot be used to purchase building materials or other tangible personal property tax-free. Contractors must pay tax on these materials, even if the work is classified as a capital improvement.

  5. What happens if the contractor does not collect tax properly?

    If a contractor accepts an improperly completed ST-124 form, they may become personally liable for the sales tax due, along with any penalties and interest. It is crucial to ensure the form is filled out correctly before accepting it.

  6. How long should the contractor keep the ST-124 form?

    Contractors must keep the ST-124 form for at least three years after the due date of the last return it relates to or the date the return was filed, whichever is later. This helps ensure compliance with tax regulations.

  7. Where can I find more information about the ST-124 form?

    For additional details, you can visit the New York State Department of Taxation and Finance website at www.tax.ny.gov. You can also contact the Sales Tax Information Center at (518) 485-2889 for further assistance.

Common mistakes

Filling out the Idaho St 124 form can be a straightforward process, but many individuals make common mistakes that can lead to complications. One frequent error is failing to read the form completely before making any entries. Understanding the requirements and guidelines laid out in the instructions is crucial. Skipping this step can result in incomplete or incorrect information, which may invalidate the certificate.

Another common mistake is neglecting to provide all necessary information. The form requires specific details such as the names of both the customer and contractor, addresses, and the description of the capital improvement. Omitting any of these details can render the form invalid. It is essential to double-check that all fields are filled out accurately and completely.

People often confuse the terms related to capital improvements and repairs. Misunderstanding what constitutes a capital improvement can lead to incorrect certification. The form is meant for improvements that substantially add value or prolong the life of the property. If the work performed does not meet these criteria, using the ST 124 form may not be appropriate.

Additionally, individuals sometimes fail to mark the appropriate boxes indicating their status as either an owner or tenant. This section is vital for establishing eligibility for the tax exemption. Incorrectly marking this section can lead to complications down the line, including potential liability for taxes.

Another mistake involves not obtaining the contractor's signature or failing to ensure that the contractor accepts the form in good faith. This acceptance is crucial for the validity of the certificate. Without the contractor's signature, the form cannot be considered complete, and the intended tax benefits may not apply.

Lastly, individuals often overlook the importance of retaining a copy of the completed form. Keeping a record is essential for both the customer and the contractor. This documentation serves as proof of the transaction and can be critical in case of audits or disputes. Without proper record-keeping, one may face difficulties in justifying the tax exemption in the future.

Documents used along the form

The Idaho St 124 form is a vital document for contractors and customers involved in capital improvements. However, it is often accompanied by several other forms and documents that help clarify responsibilities, ensure compliance, and facilitate smooth transactions. Here’s a brief overview of some of these important documents.

  • Form ST-120.1: Contractor Exempt Purchase Certificate - This form allows contractors to purchase materials tax-free when they intend to incorporate them into a capital improvement. It’s essential for ensuring that contractors do not pay sales tax on materials that will become part of the real property.
  • Form ST-125: Resale Certificate - This document is used by businesses to purchase goods without paying sales tax, provided those goods will be resold in the regular course of business. It helps streamline transactions for retailers and wholesalers.
  • Form ST-131: Exempt Use Certificate - This certificate is utilized by exempt organizations to claim exemption from sales tax on purchases. It’s crucial for entities like non-profits that qualify for tax-exempt status.
  • Form ST-2: Sales Tax Exempt Certificate - This form is issued to buyers who qualify for sales tax exemption. It’s often used by government agencies and certain non-profit organizations.
  • Construction Contract - A written agreement between the contractor and the customer detailing the scope of work, timeline, and payment terms. This document is essential for protecting both parties and ensuring clarity in the project.
  • Change Order - This document outlines any changes to the original construction contract, including alterations in scope, costs, or timelines. It helps manage expectations and keeps the project on track.
  • W-9 Form: Request for Taxpayer Identification Number - Contractors may need to provide this form to clients for tax reporting purposes. It includes the contractor’s taxpayer identification number and ensures proper documentation for tax filings.
  • Insurance Certificates - Contractors often need to present proof of insurance coverage to protect against potential liabilities during the project. This document assures customers that the contractor has adequate coverage for accidents or damages.
  • Permits and Licenses - Depending on the nature of the work, various permits or licenses may be required by local or state authorities. These documents ensure that the contractor is legally authorized to perform the work.

Incorporating these forms and documents into your construction or renovation project can help ensure compliance with tax laws and protect the interests of all parties involved. Always consult with a legal or tax professional if you have questions about the specific requirements for your situation.

Similar forms

The Idaho St 124 form is a specific type of sales tax exemption certificate used in New York for capital improvements. However, there are several other forms and documents that serve similar purposes across different states or contexts. Here are eight documents that are comparable to the Idaho St 124 form:

  • Form ST-120: This is the New York State Contractor Exempt Purchase Certificate. Like the ST-124, it allows contractors to purchase materials tax-free if they will be used in a capital improvement project. The contractor must ensure that the materials qualify under the law.
  • Form ST-125: This New York State Resale Certificate is used by businesses to purchase goods for resale without paying sales tax. Similar to the ST-124, it requires completion by the buyer and acceptance by the seller to be valid.
  • Texas Form 01-339: The Texas Exemption Certificate is utilized by buyers to claim exemption from sales tax on certain purchases. This form, like the ST-124, must be filled out and presented to the seller to avoid tax on qualifying transactions.
  • California Form BOE-230: This is the California Resale Certificate. It allows retailers to purchase items for resale without paying sales tax. The buyer must fill it out, similar to the ST-124, and provide it to the seller.
  • Florida Form DR-13: The Florida Sales Tax Exemption Certificate is used by tax-exempt organizations to purchase items without paying sales tax. This document operates similarly to the ST-124 in that it must be completed and accepted by the seller.
  • Illinois Form CRT-61: This is the Illinois Exempt Use Certificate. It allows purchasers to claim exemption from sales tax for certain purchases. Like the ST-124, it must be properly filled out and presented to the seller.
  • Georgia Form ST-5: The Georgia Sales Tax Exemption Certificate is used by purchasers to claim exemption from sales tax on qualifying purchases. This form, like the ST-124, requires accurate completion and acceptance by the seller.
  • Virginia Form ST-10: The Virginia Sales and Use Tax Certificate of Exemption is used by buyers to claim sales tax exemption on purchases for resale or for specific exempt purposes. It shares similarities with the ST-124 in terms of the need for proper documentation.

Each of these documents serves the purpose of facilitating tax-exempt transactions, requiring proper completion and acceptance to ensure compliance with tax laws. Understanding the nuances of these forms can help individuals and businesses navigate tax obligations effectively.

Dos and Don'ts

When filling out the Idaho St 124 form, it's essential to follow certain guidelines to ensure accuracy and compliance. Here are seven important dos and don'ts to consider:

  • Do read the form completely before making any entries.
  • Do ensure that both the customer and the contractor sign the form.
  • Do provide accurate information about the capital improvement being performed.
  • Do keep a copy of the completed form for your records.
  • Don't use the form to purchase building materials exempt from tax.
  • Don't submit the form without verifying that all required fields are completed.
  • Don't ignore the guidelines on what constitutes a capital improvement.

Following these steps can help prevent potential issues and ensure that the process runs smoothly.

Misconceptions

Misconceptions about the Idaho ST-124 form can lead to confusion regarding its use and requirements. Below are eight common misconceptions along with clarifications.

  • The ST-124 form can be used to purchase building materials tax-free. This is incorrect. The form is specifically for certifying capital improvements, not for purchasing materials exempt from tax.
  • Any work performed qualifies as a capital improvement. Not true. The work must meet specific criteria, such as substantially adding to the property's value or becoming a permanent part of the real property.
  • Only property owners can complete the ST-124 form. This is a misconception. Tenants can also complete the form if they are authorized to make improvements to the property.
  • Contractors do not need to keep the ST-124 form after acceptance. This is false. Contractors must retain the completed form for at least three years after the last return due date.
  • Labor costs for capital improvements are always exempt from sales tax. This is misleading. If the work does not qualify as a capital improvement, labor costs may be subject to sales tax.
  • The ST-124 form is valid even if not all entries are completed. This is incorrect. The form must be fully completed to be considered valid.
  • Floor covering is always considered a capital improvement. This is not accurate. Only certain installations of floor covering qualify as capital improvements based on specific conditions.
  • Contractors are not liable for tax if they accept the ST-124 form in good faith. This is misleading. Contractors can still be liable for tax if the form is improperly completed or if the work does not qualify as a capital improvement.

Key takeaways

When filling out and using the Idaho ST-124 form, there are several important points to keep in mind. Understanding these key takeaways can help ensure compliance and avoid potential issues.

  • The ST-124 form serves as a Sales Tax Certificate of Capital Improvement. It is essential for customers and contractors involved in capital improvement projects.
  • Both the customer and the contractor must complete and sign the form. The contractor is responsible for retaining the completed certificate.
  • Before filling out the form, it is crucial to read it thoroughly. Each section must be completed accurately to ensure the certificate is valid.
  • This certificate cannot be used to purchase building materials exempt from tax. It specifically applies to capital improvements that enhance real property.
  • To qualify as a capital improvement, the work must substantially add value, become part of the real property, and be intended as a permanent installation.
  • If a contractor accepts the ST-124 form in good faith, they are not required to collect sales tax from the customer for the capital improvement work.
  • Contractors must maintain the certificate for at least three years after the last tax return related to the transaction is filed. This helps ensure proper record-keeping.
  • If a contractor does not receive a properly completed certificate within 90 days of the service, they bear the burden of proving the work was a capital improvement.

By following these guidelines, individuals involved in construction and renovation projects can navigate the complexities of sales tax and capital improvements more effectively.