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Understanding the intricacies of tax exemption in the Hoosier State is crucial for registered retail merchants and businesses, both within and outside Indiana, aiming to conduct transactions free of sales tax. Recognized by the Indiana Department of Revenue, the Form ST-105, also known as the General Sales Tax Exemption Certificate, emerges as a vital document in this process. The form plays a pivotal role, demanding that users accurately declare their intention to purchase goods under a tax-exempt status—a privilege grounded in specific stipulations of the Indiana code. However, it’s important to note that this exemption strictly does not extend to utilities, vehicles, watercraft, or aircraft. The form stipulates that every section must be filled meticulously, as any omission could invalidate the exemption, forcing the purchaser to bear the sales tax, although a refund might be claimed later. Indiana’s rigorous in detailing that exemptions granted are in accord with their codes, explicitly disregarding the exemption statutes of other states for purchases from Indiana vendors. Hence, it’s essential for purchasers to provide either an Indiana Department of Revenue-issued Taxpayer Identification Number (TID) or, for those outside Indiana, a relevant state ID, among other specified identification alternatives. Moreover, the form doubles as a certification against misuse, simplifying tax-exempt purchases while sternly warning against fraudulent claims. In essence, Form ST-105 is a key to navigating Indiana’s sales tax exemptions, provided the document is filled out with utmost attention to detail, adhering strictly to the legislation in place.

Example - St 105 Indiana Form

Form ST-105

Indiana Department of Revenue

(R5 / 6-17)

General Sales Tax Exemption Certificate

State Form 49065

 

Indiana registered retail merchants and businesses located outside Indiana may use this certificate. The claimed exemption must be allowed by Indiana code. Exemption statutes of other states are not valid for purchases from Indiana vendors. This exemption certificate can not be issued for the purchase of Utilities, Vehicles, Watercraft, or Aircraft. Purchaser must be registered with the Department of Revenue or the appropriate taxing authority of the purchaser’s state of residence.

Sales tax must be charged unless all information in each section is fully completed by the purchaser. Purchasers not able to provide all required information must pay the tax and may file a claim for refund (Form GA-110L) directly with the Department of Revenue. A valid certificate also serves as an exemption certificate for (1) county innkeeper’s tax and (2) local food and beverage tax.

Section 2 Section 1 (print only)

Section 3

Section 4

Name of Purchaser:________________________________________________________________________________________

Business Address:_ _______________________ City:____________________ State:__________ ZIP Code:_____________

Purchaser must provide minimum of one ID number below.*

Provide your Indiana Registered Retail Merchant’s Certificate TID and LOC Number as shown on your Certificate.

TID Number (10 digits):____________________________ - LOC Number (3 digits):________________

If not registered with the Indiana DOR, provide your State Tax ID Number from another State

*See instructions on the reverse side if you do not have either number.

State ID Number:__________________________

State of Issue:_________________

Is this a blanket purchase exemption request or a single purchase exemption request? (check one)

Description of items to be purchased:__________________________________________________________________________

must indicate the type of exemption being claimed for this purchase. (check one or explain)

Sales to a retailer, wholesaler, or manufacturer for resale only.

Sale of manufacturing machinery, tools, and equipment to be used directly in direct production.

Sales to nonprofit organizations claiming exemption pursuant to Sales Tax Information Bulletin #10. (May not be used for

personal hotel rooms and meals.)

Sales of tangible personal property predominately used (greater then 50 percent) in providing public transportation - provide USDOT Number. A person or corporation who is hauling under someone else’s motor carrier authority, or has a contract as a school bus operator, must provide their SSN or FID Number in lieu of a State ID Number in Section 1.

USDOT Number:______________________

Sales to persons, occupationally engaged as farmers, to be used directly in production of agricultural products for sale. Note: A farmer not possessing a State Business License Number may enter a FID Number or a SSN in lieu of a State ID

Number in Section 1.

Sales to a contractor for exempt projects (such as public schools, government, or nonprofits).

Sales to Indiana Governmental Units (agencies, cities, towns, municipalities, public schools, and state universities).

Sales to the United States Federal Government - show agency name._ __________________________________________

Note: A U.S. Government agency should enter its Federal Identification Number (FID) in Section 1 in lieu of a State ID

Number. Other - explain.________________________________________________________________________________________Purchaser

I hereby certify under the penalties of perjury that the property purchased by the use of this exemption certificate is to be used for an exempt purpose pursuant to the State Gross Retail Sales Tax Act, Indiana Code 6-2.5, and the item purchased is not a utility, vehicle, watercraft, or aircraft.

I confirm my understanding that misuse, (either negligent or intentional), and/or fraudulent use of this certificate may subject both me personally and/or the business entity I represent to the imposition of tax, interest, and civil and/or criminal penalties.

Signature of Purchaser:______________________________________________

Date:_ ______________________________

Printed Name:_____________________________________________________

Title:________________________________

The Indiana Department of Revenue may request verification of registration in another state if you are an out-of-state purchaser.

Seller must keep this certificate on file to support exempt sales.

Instructions for Completing Form ST-105

All four sections of the ST-105 must be completed or the exemption is not valid and the seller is responsible for the collection of the Indiana sales tax.

Section 1

A)This section requires an identification number. In most cases this number will be an Indiana Department of Revenue issued Taxpayer Identification Number (TID - see note below) used for Indiana sales and/or withholding tax reporting. If the purchaser is from another state and does not possess an Indiana TID Number, a resident state’s business license, or State issued ID Number must be provided.

B)Exceptions - For a purchaser not possessing either an Indiana TID Number or another State ID Number, the following may be used in lieu of this requirement.

Federal Government – place your FID Number in the State ID Number space. Farmer – place your SSN or FID Number in the State ID Number space.

Public transportation haulers operating under another motor carrier authority, or with a contract as a school bus operator, must indicate their SSN or FID Number in the State ID Number space.

Nonprofit Organization – must show its FID Number in the State ID Number space.

Section 2

A)Check a box to indicate if this is a single purchase or blanket exemption.

B)Describe product being purchased.

Section 3

A)Purchaser must check the reason for exemption.

B)Purchaser must be able to provide additional information if requested.

Section 4

A)Purchaser must sign and date the form.

B)Printed name and title of signer must be shown.

Note: The Indiana Taxpayer Identification Number (TID) is a ten digit number followed by a three digit LOC Number. The TID is also known as the following:

a)Registered Retail Merchant Certificate

b)Tax Exempt Identification Number

c)Sales Tax Identification Number

d)Withholding Tax Identification Number

The Registered Retail Merchant Certificate issued by the Indiana Department of Revenue shows the TID (10 digits) and the LOC (3 digits) at the top right of the certificate.

File Information

Fact Detail
Name of Form ST-105 Indiana General Sales Tax Exemption Certificate
Form Number 49065
Revision Date R5 / 6-17
Issuing Authority Indiana Department of Revenue
Applicability Indiana registered retail merchants and businesses located outside Indiana
Required Information Purchaser's information, business identification numbers, exemption reason, and signature
Unique Requirements Cannot be used for purchase of Utilities, Vehicles, Watercraft, or Aircraft
Governing Law Indiana Code 6-2.5, State Gross Retail Sales Tax Act
Additional Eligibility Includes exemptions for county innkeeper’s tax and local food and beverage tax

How to Fill Out St 105 Indiana

Filling out the ST-105 Indiana General Sales Tax Exemption Certificate requires attention to detail and an understanding of your eligibility for the tax exemptions it offers. The significance of this process cannot be understated, as it directly impacts the taxation of purchases. Each step must be completed thoroughly to ensure the exemption is valid, preventing unwarranted charges of sales tax. It's an essential document for Indiana registered retail merchants or businesses located outside Indiana that are making tax-exempt purchases from Indiana vendors. The instructions below aim to provide clarity and ease the completion process.

  1. Begin by clearly printing the Name of Purchaser at the top of Section 1 of the form.
  2. Underneath the purchaser's name, provide the Business Address, including city, state, and ZIP code.
  3. In Section 1, provide one of the required ID numbers:
    • If you are registered with the Indiana Department of Revenue, enter your Indiana Registered Retail Merchant’s Certificate TID number and LOC Number as shown on your Certificate.
    • If registered outside Indiana, supply your State Tax ID Number from the state of issue.
  4. Check the appropriate box to indicate whether the certificate is for a blanket purchase exemption or a single purchase exemption in Section 2.
  5. Describe the items to be purchased in the space provided in Section 2.
  6. In Section 3, check the box that corresponds to the type of exemption being claimed for the purchase, and be prepared to provide additional information if necessary.
  7. For specialized exemptions (e.g., those available to public transportation providers or farmers), provide the relevant USDOT, SSN, or FID Number as instructed in Section 3.
  8. Complete Section 4 by signing and dating the form, thereby certifying under the penalties of perjury the intended exempt use of the purchased property. Print your name and title below the signature.
  9. Review all information provided for accuracy to ensure the validity of the exemption.

After submitting the ST-105 form, it's important for both the purchaser and the seller to keep a copy on file. The seller in particular must retain this certificate to justify any exempt sales made under its authority. Should there be a need to verify the exemption, the Indiana Department of Revenue may request additional documentation, particularly from out-of-state purchasers. Therefore, maintaining accurate and accessible records of transactions made using this exemption certificate is vital for both parties.

Things to Know About St 105 Indiana

What is the Form ST-105?

Form ST-105 is a General Sales Tax Exemption Certificate used by the Indiana Department of Revenue. It is for Indiana registered retail merchants and businesses located outside Indiana to document tax-exempt purchases. The claimed exemption must comply with Indiana code, not the exemptions statutes of other states.

Who can use Form ST-105?

Registered retail merchants with the Indiana Department of Revenue and businesses located outside of Indiana that are registered with their own state's taxing authority are eligible to use Form ST-105. It's important that the purchaser provides all required information to qualify for the exemption.

What purchases cannot be exempted using Form ST-105?

Form ST-105 cannot be used to exempt purchases of utilities, vehicles, watercraft, or aircraft. These categories are explicitly excluded from the exemptions allowed by the form.

Do I need to be registered to use Form ST-105?

Yes, the purchaser must be registered with either the Indiana Department of Revenue or the appropriate taxing authority of the purchaser’s state of residence. Without this registration, the sales tax exemption cannot be claimed using Form ST-105.

What happens if I cannot provide all the required information on Form ST-105?

If a purchaser cannot provide all the required information on the form, sales tax must be paid at the time of purchase. However, purchasers can file a claim for a tax refund directly with the Department of Revenue using Form GA-110L if they were entitled to an exemption but unable to claim it at the time of purchase.

Is Form ST-105 valid for a single purchase only?

No, Form ST-105 can be used for either a single purchase exemption or a blanket exemption, based on the selection made by the purchaser on the form. This makes it flexible for different purchasing needs.

Can Form ST-105 be used for personal purchases?

No, Form ST-105 is intended for business-related purchases that qualify for tax exemption under Indiana law. It cannot be used for personal items, personal hotel rooms, and meals.

What identification number is required on Form ST-105?

You must provide your Indiana Registered Retail Merchant’s Certificate TID and LOC Number if registered with Indiana DOR. If not registered in Indiana, you should provide your State Tax ID Number from another state. Certain exceptions apply, such as for government agencies or nonprofits, which can use their Federal Identification Number (FID).

What are the penalties for misuse of Form ST-105?

Misuse, whether negligent or intentional, or fraudulent use of this exemption certificate may subject both the individual and the business entity to tax, interest, as well as civil and/or criminal penalties, under the penalties of perjury.

How long must the seller keep Form ST-105?

The seller is required to keep the completed exemption certificate on file to support exempt sales. This is important for audit purposes, ensuring that the sale was legitimately tax-exempt according to the information provided on Form ST-105.

Common mistakes

When it comes to handling the ST-105 Indiana General Sales Tax Exemption Certificate, it’s important to navigate the requirements carefully to ensure compliance and avoid common pitfalls. People often make mistakes in the process of completing this form due to oversight or misunderstanding of the instructions. Here are several areas where errors frequently occur:

  1. Not filling out all four sections completely. The form is clear that all sections need to be fully completed for the exemption to be valid. Leaving parts blank or incomplete can lead to the seller's being held responsible for collecting Indiana sales tax, which could have been exempted.
  2. Incorrect identification numbers. Section 1 requires specific identification numbers. Using a wrong number, such as a personal identification number instead of an Indiana Department of Revenue issued Taxpayer Identification Number (TID) or an appropriate State ID Number, invalidates the exemption.
  3. Failure to indicate the type of exemption request. In Section 2, purchasers must check whether the certificate is for a single purchase or blanket exemption. This often-overlooked detail is crucial for the document’s validity.
  4. Inadequate description of items to be purchased. Section 2 also asks for a description of items being purchased. Vague or incomplete descriptions can lead to confusion and potential invalidation of the exemption certificate.
  5. Incorrectly indicating the reason for exemption. Section 3 requires the purchaser to check the box that corresponds to the reason for the exemption claim. Misunderstanding or incorrect selection here could lead to denial of the exemption.
  6. Omitting signature and date. The form must be signed and dated in Section 4 to be considered complete. Overlooking this final step renders the certificate invalid.
  7. Incorrectly using the certificate for non-qualified purchases. The certificate explicitly cannot be used for the purchase of utilities, vehicles, watercraft, or aircraft. Attempting to use it for these purposes is a common mistake.
  8. Assuming out-of-state exemption statutes apply. Some purchasers mistakenly believe that exemption statutes from other states are valid for purchases from Indiana vendors. The form clearly states that only the exemptions allowed by Indiana code are valid.

To ensure compliance and the successful application of exemptions, carefully reviewing and understanding the instructions for completing the ST-105 Indiana form is essential. Attention to detail and providing accurate, complete information in every section will help avoid these common mistakes.

Lastly, it's important for both purchasers and sellers to retain a copy of the fully completed exemption certificate. This document is necessary for supporting exempt sales and may be required for verification by the Indiana Department of Revenue, especially for out-of-state purchasers. Ensuring the form is filled out correctly and retained for records plays a crucial role in maintaining compliance with Indiana sales tax laws.

Documents used along the form

When dealing with Form ST-105, the Indiana Department of Revenue General Sales Tax Exemption Certificate, individuals and businesses may need to complement it with other forms and documents to ensure compliance and proper record-keeping for tax purposes. These documents often collaborate to provide a comprehensive framework for tax exemption claims and verification, addressing the multifaceted nature of tax laws and regulations.

  • Form GA-110L: This form is utilized by purchasers to file a claim for refund if they have paid tax on purchases that should have been tax-exempt under specific conditions. It ensures that taxpayers can reclaim overpaid taxes properly.
  • Business License: Depending on the nature and location of the business, various states require a business license. This document proves the legality and operational status of a business, which could support the exemption qualifications.
  • Federal Identification Number (FID): This number is crucial for identifying a business entity or nonprofit organization for tax purposes, critical for exemptions related to federal entities or transactions.
  • State Tax ID Number: Similar to the FID, this identification number is specific to each state and is required for businesses operating outside of Indiana that wish to claim an exemption. It validates the business's registration with their state's department of revenue.
  • USDOT Number: For exemptions related to public transportation, the U.S. Department of Transportation (USDOT) number serves as a unique identifier for vehicles engaged in interstate, and in some cases, intrastate commerce, validating eligibility for certain tax exemptions.
  • Registered Retail Merchant Certificate: This certificate, highlighted by the Taxpayer Identification Number (TID) and Location Code (LOC), confirms a merchant's registration with the Indiana Department of Revenue, directly correlating with the ST-105 form's requirements for tax exemption.
  • Social Security Number (SSN) or Federal Identification Number (for farmers): Farmers, often exempt from sales tax for purchases used in agricultural production, may use their SSN or FID as identification to qualify for exemptions without a State Business License Number.
  • Contractor’s Project Documentation: For contractors claiming exemptions on purchases for exempt projects (e.g., public schools, government buildings, or nonprofits), relevant project documentation must accompany the tax exemption certificates to clarify the exempt status of the purchase.
  • Nonprofit Organization’s Federal Identification Number: Nonprofits must provide their FID to claim exemptions, as detailed in the ST-105 form, verifying their tax-exempt status in transactions.
  • Letter of Exemption: An official letter or certificate from the Indiana Department of Revenue or similar authority in other states specifying a purchaser’s exemption status, applicable for certain entities or in particular situations not broadly covered by the ST-105 form.

The documentation listed above enables various entities to substantiate their claims for tax exemptions, ensuring that all prerequisites are thoroughly met. By understanding the role of each accompanying form or document, businesses and individuals can navigate the complexities of tax exemption processes more effectively. It's essential for all involved parties to maintain accurate and up-to-date records of these documents to support their tax-related activities.

Similar forms

The ST-105 Indiana form, known as the General Sales Tax Exemption Certificate, aligns closely with exemption certificates in other states like the Resale Certificate used in states such as California and New York. Both forms serve similar primary functions: they allow registered retail merchants to purchase goods without paying sales tax, provided those goods are intended for resale. The Indiana ST-105 form requires the purchaser to detail their business information, including an identification number – either a Taxpayer Identification Number (TID) for Indiana-based businesses or a state-issued ID number for those outside Indiana. Similarly, the Resale Certificate mandates the provision of business details and the inclusion of a resale permit number or equivalent identifier. Both documents necessitate a declaration that the purchased items are for resale and not for personal use, underscoring their purpose in facilitating tax-free transactions between merchants.

Another document resembling the ST-105 is the Uniform Sales & Use Tax Certificate - Multijurisdiction, created by the Streamlined Sales Tax Governing Board. This multi-state form is designed to simplify the exemption certificate management process for vendors and purchasers involved in sales across multiple states. Like the ST-105, the Uniform Sales & Use Tax Certificate asks for detailed purchaser information, including business name, address, and a state-specific registration number. Both forms include a certification by the purchaser that the items bought are intended for resale, exempt use, or as ingredients or components of a new product. The central distinction lies in the multi-state applicability of the Uniform Certificate, contrasting the ST-105's specific use within Indiana. Nevertheless, both documents play pivotal roles in regulating sales tax exemptions across the U.S., ensuring compliance with state tax laws while facilitating business operations.

Dos and Don'ts

When filling out the ST-105 Indiana General Sales Tax Exemption Certificate, it's essential to approach the task with attention to detail to ensure its validity. Here are some key do's and don'ts to guide you through the process:

  • Do ensure you have all necessary information ready before starting to fill out the form. This includes your Indiana Department of Revenue issued Taxpayer Identification Number (TID) or, if you're an out-of-state purchaser, your state’s business license or State issued ID Number.
  • Do accurately check the appropriate box to indicate if the exemption certificate is for a single purchase or blanket exemption based on your purchasing needs.
  • Do provide a detailed description of the items being purchased. Being specific helps clarify the nature of the exempt purchase.
  • Do not leave any sections incomplete. Every part of the form, from Section 1 through Section 4, must be filled out. Incomplete forms are considered invalid and could lead to the seller being responsible for collecting Indiana sales tax on the transaction.
  • Do not assume exemption statutes of other states are valid for purchases from Indiana vendors. The exemption must be allowed by Indiana code, and the form explicitly states that exemptions statutes of other states are not valid.
  • Do not attempt to use this certificate for the purchase of utilities, vehicles, watercraft, or aircraft, as these are not eligible for exemption with this certificate.

Remember, properly completing the ST-105 form is crucial not only for compliance with Indiana regulations but also for avoiding unnecessary tax liabilities. Misuse or fraudulent use of this exemption certificate may subject individuals or businesses to tax, interest, and civil or criminal penalties.

Misconceptions

When it comes to the ST-105 Indiana General Sales Tax Exemption Certificate, there are several misconceptions that can lead to confusion and improper use of the form. Understanding these misconceptions is key to correctly applying for tax exemptions and avoiding potential penalties.

  • Misconception #1: The ST-105 form can be used by anyone to avoid sales tax.

    This is a common misunderstanding. In reality, the ST-105 is specifically designed for Indiana registered retail merchants and businesses located outside Indiana that are eligible for sales tax exemptions. These exemptions must be in accordance with Indiana code, and not every purchase or purchaser qualifies. It’s important that businesses meet the eligibility criteria and provide the necessary identification numbers to use this exemption certificate.

  • Misconception #2: You can use the ST-105 form for any type of purchase.

    Actually, there are specific limitations on what can be purchased tax-free with this form. Purchases of utilities, vehicles, watercraft, or aircraft are explicitly excluded from tax exemption using the ST-105 form. The form is predominantly used for items that are for resale or for use in manufacturing, agricultural production, or in providing exempt services like public transportation.

  • Misconception #3: If you don’t have an Indiana TID number, you cannot use the ST-105 form.

    This is not entirely true. While having an Indiana Department of Revenue issued Taxpayer Identification Number (TID) is the standard requirement, there are exceptions. For example, if a purchaser is based out of state and doesn’t possess an Indiana TID, they can provide their State issued ID Number from their state of residence. Other exceptions include federal government purchasers using a Federal Identification Number (FID) or farmers using their SSN or FID in lieu of a state business license number.

  • Misconception #4: Completing the ST-105 form is optional for qualifying transactions.

    Some might think that if they are eligible for an exemption, simply not charging the tax is sufficient. However, to properly execute a tax-exempt transaction, it's mandatory to complete all four sections of the ST-105 form accurately. Failure to do so can result in the seller being held responsible for the uncollected tax. A fully completed form serves as documentation that supports the tax-exempt sale and protects both the seller and the purchaser from potential tax liability issues.

Understanding these misconceptions and the accurate requirements of the ST-105 Indiana General Sales Tax Exemption Certificate is essential for businesses seeking tax exemptions on eligible purchases. When in doubt, referencing the detailed instructions provided with the form or consulting with the Indiana Department of Revenue can help ensure compliance and correct application of tax exemptions.

Key takeaways

Filling out the ST-105 Indiana General Sales Tax Exemption Certificate requires attention to detail and an understanding of the exemptions provided by Indiana code. Here are ten key takeaways for effectively completing and using this form:

  • The ST-105 form is designed for use by Indiana registered retail merchants and businesses located outside Indiana to claim sales tax exemptions on qualified purchases.
  • Exemptions claimed on this form must be allowed by Indiana code, highlighting the importance of understanding state-specific exemption statutes.
  • Utilities, vehicles, watercraft, or aircraft purchases cannot be exempted using this form, underscoring the need to know the limitations of the certificate’s applicability.
  • A purchaser must be registered with the Indiana Department of Revenue or the appropriate taxing authority in their state, which emphasizes the necessity of proper registration before attempting to use this exemption certificate.
  • The completion of all sections in full is mandatory for the exemption to be valid; partial information leads to the requirement of tax payment by the purchaser, who can then file for a refund with the Department of Revenue.
  • This certificate can also serve as an exemption from county innkeeper’s tax and local food and beverage tax, expanding its utility for qualified purchasers.
  • An Indiana Registered Retail Merchant’s Certificate (TID) and LOC Number, or a State Tax ID Number from another state, must be provided by the purchaser, indicating the need for established business identification numbers.
  • There is a distinction between blanket purchase exemptions and single purchase exemptions, allowing businesses to efficiently manage their tax-exempt purchases according to their operational needs.
  • Fraudulent or negligent misuse of the ST-105 form can subject the user to tax, interest, and civil or criminal penalties, highlighting the critical nature of accurate and honest completion.
  • The seller is required to keep the completed exemption certificate on file to support exempt sales, emphasizing the responsibility of both parties in maintaining compliance with tax laws.

Understanding these key points ensures that businesses can navigate the complexities of sales tax exemptions in Indiana, fostering compliance and operational efficiency.

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