Idaho St 124 Form

Idaho St 124 Form

The Idaho St 124 form serves as a certificate of capital improvement for sales and use tax purposes in Idaho. This form must be completed and signed by both the customer and the contractor before the contractor can perform the capital improvement work. It is essential for both parties to understand the requirements and implications of this certificate to ensure compliance with state tax regulations.

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The Idaho St 124 form is a crucial document for contractors and property owners engaged in capital improvement projects. This certificate serves as a formal acknowledgment that specific work performed will enhance the value or extend the life of real property. It is important to note that this form must be completed and signed by both the customer and the contractor, ensuring that both parties are aware of their responsibilities regarding sales tax. The contractor is required to keep this certificate on file, as it provides evidence that the work qualifies as a capital improvement. However, it is essential to understand that the Idaho St 124 cannot be used to purchase building materials tax-free. The form requires detailed information, including the names and addresses of both the customer and the contractor, as well as a description of the capital improvement project. Additionally, the customer must certify their status as either the owner or tenant of the property and confirm that the work does not include the sale of tangible personal property that is not permanently affixed. The contractor, in turn, must accept the form in good faith and understand their tax obligations, including potential liabilities for improperly completed certificates. Overall, the Idaho St 124 form plays a vital role in ensuring compliance with tax regulations while facilitating necessary improvements to real property.

Steps to Writing Idaho St 124

Filling out the Idaho St 124 form is an important step in documenting a capital improvement project. Once completed and signed by both the customer and the contractor, the form should be kept by the contractor for their records. It's essential to ensure that all required fields are filled out accurately to avoid any issues later on.

  1. Print or type the name of the customer in the designated field at the top of the form.
  2. Print or type the name of the contractor in the next field below the customer’s name.
  3. Fill in the address of the customer, including the number and street, city, state, and ZIP code.
  4. Fill in the address of the contractor in the same manner as the customer’s address.
  5. If applicable, include the Sales Tax Certificate of Authority number for both the customer and the contractor.
  6. Describe the capital improvement to be performed in the designated section, including the project name and street address where the work will take place.
  7. Indicate the city, state, and ZIP code for the project address.
  8. Mark one option to certify whether the customer is the owner or tenant of the property.
  9. Mark one option to indicate whether the project includes the sale of any tangible personal property.
  10. Sign and date the form in the section designated for the customer’s signature.
  11. The contractor should sign and date the form in the section designated for the contractor’s signature, confirming acceptance of the form in good faith.

After completing the form, ensure that both parties retain a copy for their records. This will help maintain clarity and accountability throughout the project. If any questions arise during the process, don’t hesitate to seek assistance from a tax professional or legal advisor.

Key takeaways

Understanding the Idaho ST-124 form is essential for both contractors and customers involved in capital improvement projects. Here are some key takeaways regarding its completion and use:

  • Purpose of the Form: The Idaho ST-124 form serves as a certificate for capital improvements, allowing contractors to perform work without charging sales tax on certain services.
  • Completion Requirements: Both the customer and the contractor must complete and sign the form. Incomplete forms are not valid.
  • Capital Improvement Definition: A capital improvement is defined as work that adds value to real property, prolongs its useful life, and becomes a permanent part of it.
  • Exemption Limitations: This certificate cannot be used to purchase building materials tax-free. Contractors must pay tax on materials used in capital improvements.
  • Acceptance in Good Faith: Contractors must accept the ST-124 form in good faith, meaning they should have no reason to believe the information is false.
  • Record Keeping: Contractors are required to keep the completed certificate for at least three years after the last tax return due date.
  • Burden of Proof: If a contractor does not obtain a properly completed form within 90 days, they bear the burden of proving that the work was a capital improvement.
  • Tax Responsibilities: Contractors who install items that do not become part of the property, such as appliances, must charge sales tax for installation services.
  • Resources for Assistance: For further guidance, individuals can visit the New York State Department of Taxation and Finance website or contact their Sales Tax Information Center.

By keeping these points in mind, both contractors and customers can navigate the process of filling out and using the Idaho ST-124 form more effectively, ensuring compliance with tax regulations while facilitating necessary improvements to real property.

Listed Questions and Answers

What is the Idaho St 124 form?

The Idaho St 124 form is a Sales and Use Tax Certificate of Capital Improvement. It is used in New York State to certify that a project qualifies as a capital improvement to real property. This form must be completed and signed by both the customer and the contractor. It serves as evidence that the work performed will enhance the value or prolong the life of the property.

Who needs to fill out the Idaho St 124 form?

Both the customer and the contractor must fill out the Idaho St 124 form. The customer provides details about the capital improvement project, while the contractor certifies that they will perform the work. This collaborative effort ensures that both parties understand the nature of the work and the tax implications involved.

What qualifies as a capital improvement under this form?

A capital improvement must meet three criteria:

  1. It must substantially add to the value of the property or appreciably prolong its useful life.
  2. It must become a permanent part of the property or be permanently affixed to it, such that removal would cause material damage.
  3. It must be intended to be a permanent installation.

If the work performed does not meet all three criteria, it may be considered a repair instead of a capital improvement, which affects tax obligations.

Can the Idaho St 124 form be used to purchase building materials tax-free?

No, the Idaho St 124 form cannot be used to purchase building materials or other tangible personal property tax-free. The contractor must pay tax on these purchases. However, if the work qualifies as a capital improvement, the contractor is not required to collect tax from the customer for the services rendered.

What happens if the form is not completed correctly?

If the Idaho St 124 form is not completed correctly, the contractor may be held personally liable for the sales tax due on the transaction. It is crucial for both parties to ensure that all entries are accurate and that the form is accepted in good faith. Failure to obtain a properly completed form within 90 days may shift the burden of proof regarding the tax status of the transaction to the contractor.

Other PDF Templates

Documents used along the form

When dealing with the Idaho ST-124 form, there are several other documents that may be necessary to ensure compliance and proper record-keeping. These forms help clarify the roles and responsibilities of the parties involved in capital improvements and ensure that tax obligations are met. Below is a list of these commonly used documents.

  • Form ST-120.1, Contractor Exempt Purchase Certificate: This form allows contractors to purchase materials tax-free when they are used in a capital improvement project. It is crucial that this form is completed correctly to avoid any tax liabilities.
  • Written Contract: A written contract between the customer and contractor outlines the scope of work and payment terms. This document serves as a legal agreement and provides clarity on the expectations of both parties.
  • Form ST-125, Resale Certificate: This form is used by sellers to purchase goods for resale without paying sales tax. It is particularly useful for contractors who may need to buy materials for projects but intend to pass the costs to the customer.
  • Mobile Home Bill of Sale: The UsaLawDocs.com provides a template that serves as a critical document for recording the sale of a mobile home, making it an essential part of the transaction process in New York.
  • Project Work Order: This document details the specific tasks to be completed for a project. It is often used to track progress and ensure that all parties are aligned on the work being performed.

Having these documents in order can help avoid misunderstandings and ensure compliance with tax regulations. It is essential to keep accurate records and ensure all forms are completed correctly to protect all parties involved.

Form Sample

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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