New York State Department of Taxation and Finance
New York State and Local Sales and Use Tax
Contractor Exempt Purchase Certificate
To be used only by contractors who are registered with the Tax Department for sales tax purposes.
To vendors:
You must collect tax on any sale of taxable property or services unless the contractor gives you a properly
completed exempt purchase certicate not later than 90 days after the property is sold or service is
rendered. In addition, you must keep the certicate for at least three years, as explained in the instructions.
Name of seller Name of purchasing contractor
Street address Street address
City State ZIP code City State ZIP code
To contractors and vendors:
read the instructions on pages 3 and 4 carefully before completing or accepting this certicate.
This form cannot be used to purchase motor fuel or diesel motor fuel exempt from tax.
1. I have been issued a New York State Certificate of Authority, , to collect
(enter your sales tax identification number)
New York State and local sales and use tax, and that certicate has not expired or been suspended or revoked.
2. The tangible personal property or service being purchased will be used on the following project:
located at
for and with
pursuant to prime contract dated .
ST-120.1
(1/11)
A. The tangible personal property will be used
in the above project to create a building
or structure or to improve real property or
to maintain, service, or repair a building,
structure, or real property, owned by
an organization exempt under Tax Law
section 1116(a). (For example, New York
State government entities, United States
governmental entities, United Nations and
any international organization of which the
United States is a member, certain posts or
organizations of past or present members
of the armed forces, and certain nonprofit
organizations and Indian nations or tribes
that have received New York State sales tax
exempt organization status). The tangible
personal property will become an integral
component part of such building, structure, or
real property.
B. The tangible personal property is production
machinery and equipment, and it will be
incorporated into real property.
C. The tangible personal property will be used:
•inanInternetdatacenter;or
•directlyandpredominantlyinconnection
with telecommunications services for sale
orInternetaccessservicesforsale;or
•
directly and predominantly by a television or
radio broadcaster in connection with producing
or transmitting live or recorded programs.
D. The tangible personal property, including
production machinery and equipment, is
for installation in the above project and
will remain tangible personal property after
installation.
E. The tangible personal property will be used
predominantly either in farm production or in
a commercial horse boarding operation, or in
both.
Note: This certificate is not valid unless the purchaser completes the certification on page 2.
3. These purchases are exempt from sales and use tax because:
(Mark an X in the appropriate box; for further explanation, see items A through N in the instructions on pages 3 and 4.)
Customer #
Page 2 of 4 ST-120.1 (1/11)
F. The machinery or equipment will be used
directly and predominantly to control,
prevent, or abate pollution or contaminants
from manufacturing or industrial facilities.
G. The tangible personal property is residential
solar energy systems equipment. (Note:
Item G purchases are exempt from the
4% New York State tax rate and from the
3
/
8
% MCTD rate. Item G purchases may be
exempt from local taxes. See instructions.)
H. The tangible personal property will be
used directly and exclusively in adding to,
altering, or improving a qualifying tenant’s
leased premises for use as commercial
ofce space in Eligible Area A or B as
described in TSB‑M‑05(12)S, Tangible
Personal Property Purchased for Leased
Commercial Office Space in Lower
Manhattan, provided that the tangible
personal property becomes an integral
component part of the building in which
the leased premises are located, and where
such property is purchased during the rst
year of the qualifying tenant’s lease and
delivered to the leased premises no later
than 90 days after the end of that rst year.
I. The tangible personal property is
machinery or equipment used directly
and predominantly in loading, unloading,
and handling cargo at a qualied marine
terminal facility in New York City. This
exemption does not apply to the local tax
in New York City.
J. The services are for the project described
in line 2 on page 1 and will be resold.
(This includes trash removal services in
connection with repair services to real
property.)
K. The services are to install, maintain,
service, or repair tangible personal
property used in an Internet data center,
for telecommunication or Internet
access services, or for radio or television
broadcast production or transmission.
L. The services are to install, maintain,
service, or repair tangible personal property
that will be used predominantly either in
farm production or in a commercial horse
boarding operation, or in both.
M. The services are to install residential solar
energy systems equipment.
N. The services are to install tangible personal
property purchased during the rst year of
the qualifying tenant’s lease and delivered
to the leased premises no later than
90 days after the end of that rst year,
that will be used directly and exclusively
in adding to, altering, or improving a
qualifying tenant’s leased premises for use
as commercial ofce space in Eligible Area
A or B as described in TSB‑M‑05(12)S.
Caution: Contractors may not use this certicate to purchase services exempt unless the services are resold to
customers in connection with a project. Construction equipment, tools, and supplies purchased or rented for use in
completing a project but that do not become part of the nished project may not be purchased exempt from tax through
the use of this certicate.
Certification: 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 this document is required to be filed with, and delivered to, the vendor as agent for the Tax
Department for the purposes of Tax Law section 1838 and is deemed a document required to be filed with the Tax Department for the
purpose of prosecution of offenses. I also understand that the Tax Department is authorized to investigate the validity of tax exclusions or
exemptions claimed and the accuracy of any information entered on this document.
Type or print name and title of owner, partner, or authorized person of purchasing contractor
Signature of owner, partner, or authorized person of purchasing contractor Date prepared
Substantial penalties will result from misuse of this certificate.
Customer #
Client #
Forms by www.CertCapture.com