This document is a Vermont Sales Tax Exemption Certificate for Contractors. It provides information on when contractors can claim sales tax exemptions on building materials for certain projects. Contractors can claim exemptions when working on projects for qualifying organizations like the federal government, state of Vermont, or 501(c)(3) non-profits. Exemptions also apply to projects that qualify as manufacturing facilities or downtown redevelopment facilities over certain spending thresholds. The form requires contractors to provide details of the project and organization to verify the exemption applies. Sellers must retain completed forms to prove any non-collected sales tax was lawful.
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1. Vermont Sales Tax Exemption Certificate
for
Form
S-3C
CONTRACTORS
32 V.S.A. §9743(1)-(4), §9441(39)
To be filed with the SELLER, not with the VT Department of Taxes.
Complete one
c Single Purchase - Enter Purchase Price $ _________________
exemption certificate
c Multiple Purchase (effective for subsequent purchases.)
for EACH project
Federal ID
Number
Name
CONTRACTOR
For Individuals/Partnerships
Social Security
Number
Business Name
Telephone
Number
Address
City State Zip
Seller’s
Name
SELLER
Address
City State Zip
Organization’s
Name
Address
EXEMPT ORGANIZATION
City State Zip
Exempt as:
c 501(c)(3) Registered in Vermont. Vermont Account Number _____________________________
c United States of America - Agency __________________________________________________
c State of Vermont or Subdivision - Name _____________________________________________
c Local Development Corporation covered by 10 V.S.A., Chapter 12
c Qualifying Manufacturing Facility 32 V.S.A. §9741(39)(i)
c Qualifying Downtown Redevelopment Facility 32 V.S.A. §9741(39)(ii)
Project
Location
Starting Approximate
Date Completion Date
I certify that, to the best of my knowledge and belief, the statements provided here are true and
correct.
Signature of Buyer or Authorized Agent Title Date
Form S-3C
This form may be photocopied. Rev. 8/03
2. INSTRUCTIONS FOR SALES TAX EXEMPTION CERTIFICATE FOR CONTRACTORS (Form S-3C)
General Information Normally, all materials purchased by contractors are taxable. This is due to the contractor being the
end-user with the finished project normally being real property, not subject to Sales and Use tax. There are, however,
certain exemptions for which some materials may be purchased by the contractor tax exempt due either to a qualifying
organization granting the contract or due to a specific qualifying project.
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) organization
registered with the Department. Not all 501(c)(3) projects qualify for exemption. To qualify, the project must be used
exclusively for public purposes. Please note that all non-profits are not 501(c)(3) organizations. The typical civic, social or
fraternal organizations are not 501(c)(3). Projects are exempt only if the exempt organization is the one responsible for
granting the contract. Turnkey projects are not exempt, even if the ultimate owner may be an exempt organization.
Qualifying Manufacturing and Qualifying Downtown Redevelopment Facilities under Vermont Statute, 32 V.S.A
§9741(39), are exempted from Sales and Use tax on building materials used to construct or expand a manufacturing facility
or to expand a downtown redevelopment facility. The exemption is limited to purchases in excess of $1 million in a three-
year period for a manufacturing facility and purchases in excess of $250,000 in a three-year period for downtown projects.
To use this exemption, project owners must pay tax on the taxable portion of the project (the first $1,000,000 or $250,000)
directly to the Vermont Department of Taxes and notify the Department of the project location and the three-year period
chosen. The project owner, contractors and subcontractors may then purchase building materials untaxed by providing
sellers with this completed exemption certificate.
Equipment and tools are taxable and not subject to this Contractor’s Exemption. Exempt items must be directly incorpo-
rated into the real estate, or supplies used or consumed directly on the job. If the contractor buys materials or supplies tax-
free and later uses them in a taxable project, the contractor must report and pay use tax on the materials and supplies.
Sales transactions not supported by properly executed exemption certificates will be deemed taxable retail sales. The burden
of proof that the tax was not required to be collected is upon the seller.
Completed forms are to be retained by the Seller for a period of not less than three years from the date of the last sale covered
by the certificate to document why the Sales & Use tax has not been charged to the buyer. A seller who accepts an exemption
certificate in “good faith” is relieved of liability for the collection or payment of the Sales & Use tax otherwise due on items
covered by the completed certificate. “Good faith” depends on all the conditions surrounding the transaction AND relies on
the seller’s familiarity with the laws and regulations pertinent to the applicability of the exemption with relation to the
business in which the seller deals. Additionally, in order for good faith to be established, the following conditions must be
met:
· The completed certificate must contain no entry which the seller knows, or has reason to know, is false or
misleading.
· The certificate is fully completed, dated and signed in accordance with the instructions.
· The Vermont Business Account number is entered where required.
· The property purchased is of the type ordinarily used by the buyer for the purpose described on the certificate.
· The certificate is completed prior to or at the time of the purchase.
Completed certificates must be retained by the seller. Additional qualifying purchases by the same buyer are covered by one
completed certificate if they are for the same type of property and each subsequent sales slip or purchase invoice based on the
certificate shows the buyer’s name, address, and is cross-referenced for verification purposes.