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Outline

The New York Hotel Tax Exempt form, officially known as Form ST-129, serves as a crucial document for government employees traveling on official business. This form allows eligible individuals—specifically employees of the United States, New York State, or its political subdivisions—to certify their exemption from state and local sales taxes, including the hotel unit fee in New York City. To utilize this exemption, the employee must provide essential details such as the name and address of the hotel, the dates of occupancy, and their government agency affiliation. The form requires the employee to affirm that their hotel charges will be covered by their governmental entity and are incurred in the performance of official duties. Additionally, it emphasizes the importance of accuracy and honesty, warning against the consequences of willfully misrepresenting information. Both the employee and the hotel operator have specific responsibilities regarding the completion and retention of this certificate, ensuring compliance with tax regulations. Understanding the proper use of this form is essential for eligible travelers to avoid unnecessary expenses and penalties.

Sample - New York Hotel Tax Exempt Form

Department of Taxation and Finance

ST-129

New York State and Local Sales and Use Tax

Exemption Certificate

(2/18)

 

Tax on occupancy of hotel or motel rooms

This form may only be used by government employees of the United States, New York State, or political subdivisions of New York State.

Name of hotel or motel

 

Dates of occupancy

 

 

 

 

 

 

 

From:

 

 

 

To:

 

Address (number and street)

City

 

State

ZIP code

 

 

Country

 

 

 

 

 

 

 

 

 

Certification: I certify that I am an employee of the department, agency, or instrumentality of New York State, the United States government, or the political subdivision of New York State indicated below; that the charges for the occupancy of the above business on the dates listed have been or will be paid for by that governmental entity; and that these charges are incurred in the performance of my official duties as an employee of that governmental entity. 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 certificate 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 fine 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 certificate to the vendor; and that the vendor must retain this certificate 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.

Governmental entity (federal, state, or local)

Agency, department, or division

Employee name (print or type)

Employee title

Employee signature

Date prepared

Instructions

Who may use this certificate

If you are an employee of an entity of New York State or the United States government and you are on official New York State or federal government business and staying in a hotel or motel, you may use this form to certify the exemption from paying state-administered New York State and local sales taxes (including the $1.50 hotel unit fee in New York City).

New York State governmental entities include any of its agencies, instrumentalities, public corporations, or political subdivisions.

Agencies and instrumentalities include any authority, commission, or independent board created by an act of the New York State Legislature for a public purpose. Examples include:

New York State Department of Taxation and Finance

New York State Department of Education

Public corporations include municipal, district, or public benefit corporations chartered by the New York State Legislature for a public purpose or in accordance with an agreement or compact with another state. Examples include:

Empire State Development Corporation

New York State Canal Corporation

Industrial Development Agencies and Authorities

Political subdivisions include counties, cities, towns, villages, and school districts.

The United States of America and its agencies and instrumentalities are also exempt from paying New York State sales tax. Examples include:

United States Department of State

Internal Revenue Service

Other states of the United States and their agencies and political subdivisions do not qualify for sales tax exemption. Examples include:

the city of Boston

the state of Vermont

To the government representative or employee renting the room

Complete all information requested on the form. Give the completed Form ST-129 to the operator of the hotel or motel upon check in or when you are checking out. You must also provide the operator with proper identification. Sign and date the exemption certificate. You may pay your bill with cash, a personal check or credit/debit card, or a government-issued voucher or credit card.

Note: If you stay at more than one location while on official business, you must complete an exemption certificate for each location. If you are in a group traveling on official business, each person must complete a separate exemption certificate and give it to the hotel or motel operator.

To the hotel or motel operator

Keep the completed Form ST-129 as evidence of exempt occupancy by New York State and federal government employees who are on official business and staying at your place of business. The certificate should be presented to you when the occupant checks in or upon checkout. The certificate must be presented no later than 90 days after the last day of the first period of occupancy. If you accept this certificate after

90 days, you have the burden of proving the occupancy was exempt. You must keep this certificate for at least three years after the later of:

the due date of the last sales tax return to which this exemption certificate applies; or

the date when you filed the return.

This exemption certificate is valid if the government employee is paying with one of the following:

cash

personal check or credit/debit card

government-issued voucher or credit card

Do not accept this certificate unless the employee presenting it shows appropriate and satisfactory identification.

Note: New York State and the United States government are not subject to locally imposed and administered hotel occupancy taxes, also known as local bed taxes.

Substantial penalties will result from misuse of this certificate.

Form Information

Fact Name Details
Eligible Users This form is exclusively for government employees of the United States, New York State, or its political subdivisions on official business.
Purpose The ST-129 form certifies exemption from state and local sales taxes, including New York City's hotel unit fee, for eligible government employees.
Retention Requirement Hotel operators must retain the completed ST-129 for at least three years after the last sales tax return it applies to.
Governing Law This exemption is governed by New York State tax law, which stipulates the conditions under which the exemption applies.

Detailed Guide for Filling Out New York Hotel Tax Exempt

Completing the New York Hotel Tax Exempt form is essential for government employees who are on official business. This document allows you to certify your exemption from certain taxes while staying at a hotel or motel. Follow the steps below to ensure you fill it out correctly.

  1. Obtain the New York State and Local Sales and Use Tax Exemption Certificate, Form ST-129.
  2. Fill in the name of the hotel or motel where you will be staying.
  3. Provide the dates of occupancy by entering the start date and end date.
  4. Enter the address of the hotel or motel, including the number and street.
  5. Complete the city, state, ZIP code, and country fields.
  6. In the Certification section, confirm your employment status by checking the appropriate governmental entity box.
  7. Print or type your employee name, employee title, and agency, department, or division.
  8. Sign and date the exemption certificate at the bottom of the form.
  9. Present the completed form to the hotel or motel operator upon check-in or check-out.
  10. Provide proper identification along with the form to the hotel or motel operator.

Obtain Answers on New York Hotel Tax Exempt

  1. What is the New York Hotel Tax Exempt form?

    The New York Hotel Tax Exempt form, officially known as Form ST-129, is a certificate used by government employees of the United States, New York State, or its political subdivisions. This form certifies that the employee is on official government business and is exempt from paying state and local sales taxes on hotel accommodations.

  2. Who is eligible to use this form?

    Only employees of federal, state, or local government entities may use this form. This includes employees of New York State agencies, public corporations, and political subdivisions. However, employees of other states and their agencies do not qualify for this exemption.

  3. How should the form be completed?

    The employee must fill out all requested information on the form, including their name, agency, dates of occupancy, and the hotel’s details. The form should be signed and dated by the employee before submission to the hotel operator.

  4. When should the form be presented to the hotel?

    The completed Form ST-129 must be presented to the hotel operator at check-in or check-out. It is essential to provide this certificate no later than 90 days after the last day of the stay. Otherwise, the hotel may not accept it, and the burden of proof falls on the hotel operator.

  5. What forms of payment are acceptable when using the exemption certificate?

    Employees can pay for their hotel accommodations using cash, a personal check, a credit/debit card, or a government-issued voucher or credit card. The exemption certificate is valid with any of these payment methods.

  6. What should hotels do with the completed form?

    Hotels must retain the completed Form ST-129 as evidence of exempt occupancy. This certificate should be kept for at least three years after the last sales tax return it applies to. The hotel must also ensure that the employee presents appropriate identification when submitting the form.

  7. What are the consequences of misusing the exemption certificate?

    Misuse of the exemption certificate can lead to substantial penalties. Willfully issuing the form with the intent to evade taxes may result in criminal charges, including fines and potential jail time. It is crucial to use this form correctly and only for legitimate government business.

Common mistakes

Filling out the New York Hotel Tax Exempt form can be straightforward, but many individuals make common mistakes that can lead to complications. One prevalent error is failing to provide complete information. Each section of the form requires specific details, such as the name of the hotel, dates of occupancy, and the governmental entity. Omitting any of this information can invalidate the exemption.

Another frequent mistake involves not signing or dating the form. The certification section must be signed by the employee and dated appropriately. Without a signature or date, the form is incomplete and may not be accepted by the hotel or motel operator.

Some individuals mistakenly believe that any government employee can use the form. However, only employees of the United States, New York State, or its political subdivisions are eligible. Employees from other states or local governments do not qualify for this exemption, which can lead to confusion and denial of the tax exemption.

Another common issue is not providing proper identification when presenting the form. The hotel or motel operator requires satisfactory identification to verify the employee's status. Without this identification, the exemption certificate may be rejected, resulting in unexpected charges.

Many people also overlook the requirement of submitting a separate form for each location when traveling on official business. If an employee stays at multiple hotels, they must complete a new exemption certificate for each one. Failing to do so can complicate the tax exemption process.

Additionally, some individuals may attempt to use the form after the 90-day deadline. The exemption certificate must be presented no later than 90 days after the last day of occupancy. If submitted late, the hotel operator may not honor the exemption, and the employee could be responsible for paying taxes.

Another mistake is not understanding the payment methods that qualify for the exemption. Employees can pay with cash, personal checks, or government-issued cards, but using a personal credit card may not qualify for the exemption. This misunderstanding can lead to unexpected tax charges.

Lastly, individuals sometimes neglect to keep a copy of the completed form. It’s essential to retain a copy for personal records. This can be helpful if there are any disputes or questions regarding the tax exemption in the future.

By being aware of these common mistakes, individuals can ensure a smoother experience when filling out the New York Hotel Tax Exempt form, ultimately saving time and avoiding unnecessary complications.

Documents used along the form

The New York Hotel Tax Exempt form is essential for government employees staying in hotels while on official business. However, there are other documents that may accompany this form to ensure compliance and proper processing of tax exemptions. Below are some commonly used forms and documents that can be relevant in these situations.

  • Government Travel Authorization: This document provides proof that the employee is traveling for official government business. It typically includes details about the trip, such as the purpose, dates, and destination. Having this authorization helps validate the use of the tax-exempt form.
  • Hotel Invoice or Receipt: After the stay, the hotel will provide an invoice or receipt that outlines the charges incurred. This document is crucial for record-keeping and may be needed to support the tax exemption claim.
  • Identification Badge: Employees should present a government-issued identification badge when checking in. This badge serves as proof of employment and verifies that the individual is authorized to use the tax exemption.
  • Expense Report: After the trip, employees often complete an expense report for reimbursement purposes. This report may require attaching the hotel invoice and the tax-exempt form, making it an important document for financial tracking.

Utilizing these documents alongside the New York Hotel Tax Exempt form can streamline the process and ensure compliance with tax regulations. Proper documentation protects both the employee and the hotel from potential legal issues related to tax exemptions.

Similar forms

The New York Hotel Tax Exempt form, known as Form ST-129, serves a specific purpose for government employees who are on official business. It is similar to several other documents that facilitate tax exemptions in various contexts. Here are seven documents that share similarities with the New York Hotel Tax Exempt form:

  • Sales Tax Exemption Certificate: This document allows qualifying entities, such as non-profits or government agencies, to make tax-exempt purchases of goods and services. Like the ST-129, it requires certification that the purchase is for official use.
  • IRS Form 990: Non-profit organizations use this form to report their financial information to the IRS. It includes sections that certify the organization’s tax-exempt status, similar to how the ST-129 certifies the tax-exempt status of hotel stays for government employees.
  • Form ST-120 (New York State Resale Certificate): This certificate is used by businesses to purchase goods for resale without paying sales tax. Both forms require the issuer to confirm that the purchase or service is for a specific, tax-exempt purpose.
  • Federal Tax Exemption Application (Form 1023): Organizations seeking tax-exempt status must file this form with the IRS. It requires detailed information about the organization’s purpose, akin to the certification process in the ST-129.
  • New York State Non-Profit Tax Exemption Application: Similar to the ST-129, this application allows non-profit organizations to claim exemption from certain taxes. Both documents necessitate proof of the entity's tax-exempt status and intended use of funds.
  • Form W-9 (Request for Taxpayer Identification Number): This form is used to provide taxpayer identification information to entities that will report payments made to individuals or businesses. It is similar in that it requires confirmation of status, although it serves a different purpose.
  • Government Credit Card Authorization Form: This form is used by government employees to authorize payments for official expenses. Like the ST-129, it confirms that the expenses are incurred while performing official duties.

Each of these documents plays a crucial role in ensuring compliance with tax regulations while facilitating the appropriate use of funds for exempt purposes. Understanding their similarities can help in navigating tax exemption processes more effectively.

Dos and Don'ts

When filling out the New York Hotel Tax Exempt form, it is essential to follow specific guidelines to ensure compliance and avoid potential issues. Below is a list of things to do and not to do when completing this form.

  • Do complete all required information on the form accurately.
  • Do present the completed Form ST-129 to the hotel operator at check-in or check-out.
  • Do provide proper identification along with the exemption certificate.
  • Do sign and date the exemption certificate before submission.
  • Do complete a separate exemption certificate for each hotel location if staying at multiple places.
  • Do ensure that each person in a group traveling on official business fills out their own exemption certificate.
  • Do keep a copy of the exemption certificate for your records.
  • Do pay for your stay using an acceptable payment method, such as cash or a government-issued credit card.
  • Do submit the exemption certificate within 90 days of the last day of occupancy.
  • Do understand that misuse of the exemption certificate can lead to substantial penalties.
  • Don't forget to include the name of the hotel or motel and the dates of occupancy.
  • Don't submit the form without signing and dating it.
  • Don't provide the exemption certificate without showing appropriate identification.
  • Don't accept the exemption certificate if it is presented after 90 days from the last day of occupancy.
  • Don't use the exemption certificate for personal travel or non-official business.
  • Don't assume that all government employees are eligible; only specific entities qualify.
  • Don't mix personal and government payments on the same transaction.
  • Don't neglect to keep the exemption certificate for at least three years for audit purposes.
  • Don't overlook the requirement for each group member to submit their own certificate.
  • Don't ignore the potential legal consequences of willfully misusing the exemption certificate.

Misconceptions

The following list outlines common misconceptions regarding the New York Hotel Tax Exempt form, specifically the ST-129, and clarifies the facts associated with each.

  • Only federal employees can use the form. This form can be used by employees of the United States government, New York State, and political subdivisions of New York State.
  • All government employees are automatically exempt. Only employees on official business for their governmental entity can utilize the exemption; personal travel does not qualify.
  • The form is valid for any hotel or motel. The form must be presented to a hotel or motel operator that is registered and compliant with state regulations.
  • One form is sufficient for multiple hotel stays. A separate exemption certificate must be completed for each hotel stay during official business, even if the stays occur on the same trip.
  • Identification is not necessary when presenting the form. Proper identification must be shown to the hotel or motel operator along with the completed form.
  • The hotel operator is not responsible for retaining the form. The hotel or motel operator must keep the completed form for at least three years and provide it to the Tax Department upon request.
  • State and local taxes do not apply under any circumstances. While the form exempts certain taxes, it does not exempt from all fees, such as the hotel unit fee in New York City.
  • Misuse of the form has no serious consequences. Willfully issuing the form with the intent to evade taxes may lead to criminal charges, including fines and possible jail time.
  • All states and their agencies qualify for the exemption. Only the United States government and its agencies are exempt; other states and their agencies do not qualify.

Key takeaways

When utilizing the New York Hotel Tax Exempt form, there are several important points to keep in mind. Understanding these key takeaways can help ensure that the process runs smoothly for both government employees and hotel operators.

  • Eligibility: Only government employees from the United States, New York State, or its political subdivisions can use this form. It is essential to confirm your eligibility before attempting to claim an exemption.
  • Proper Completion: Complete all sections of the form accurately. This includes providing the name of the hotel, dates of occupancy, and your governmental entity. A signature and date are also necessary to validate the exemption.
  • Submission Timing: Present the completed form to the hotel operator at check-in or checkout. Be mindful that the certificate must be submitted no later than 90 days after the last day of your stay.
  • Retention Requirement: Hotel operators must retain the exemption certificate for at least three years. This is crucial for compliance and potential audits by the Tax Department.