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  #5  
Old 08-25-2008, 07:51 PM
Don Priebe
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Default Re: Buying supplies tax-free, then donating?

- quote -

> 501(C)(3) organizations are exempt from paying NYS sales tax on
> purchases for their own use. (I don't know about other categories of
> non-profits.) There are some filing requirements to get the
> exemption, I think (but it's automatic).


Exempt organizations apply on form ST-119.2. A 501(c)(3) organization
attaches a copy of the IRS letter; other organizations need documentation
per the instructions.

Don EA in Upstate NY

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<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #4  
Old 08-25-2008, 04:23 PM
Seth
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Default Re: Buying supplies tax-free, then donating?

In article <b057c6d3-6a02-4f52-9d30-e0eecad3c263[at]79g2000hsk.googlegroups.com> ,
Bill Brown <brownwp[at]longwood.edu> wrote:
- quote -

> On Aug 22, 2:53*pm, se...[at]panix.com (Seth) wrote:
> > > He said New York, in which they are exempt from paying sales tax on

> > stuff they purchase for their own use.

> By "they" I presume you mean the non-profits.


501(C)(3) organizations are exempt from paying NYS sales tax on
purchases for their own use. (I don't know about other categories of
non-profits.) There are some filing requirements to get the
exemption, I think (but it's automatic).

Seth

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #3  
Old 08-23-2008, 05:21 AM
Katie
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Default Re: Buying supplies tax-free, then donating?

On Aug 22, 7:16*am, "jack" <j...[at]yahoo.org> wrote:
- quote -

> I am going to build something for a non-profit. (in NYS)
> Ordinarily I can buy supplies tax free, but then I have to charge the buyer
> sales tax. *In this case I will be donating it rather than selling it, so I
> can't charge them tax. *So, can I still buy it tax free?
> Alternately I could use their tax exempt certificate, but then I suppose
> they would have to reimburse me for the purchase, and I would have to make a
> cash donation. *Or not?
> This isn't just for income tax is it?



It isn't about income tax at all; it's sales and use tax.

In New York, the sale of tangible personal property to a contractor
for use in constructing or repairing real property owned by a tax
exempt organization is exempt from sales and use tax. The property
must become an integral part of the real property owned by the exempt
organization, so this would not apply to supplies that are consumed by
the contractor in the course of construction, only to materials that
become part of the property. N.Y. Tax Law §1115(a)(15) ; N.Y. Tax
Law §1115(a)(16) ; N.Y. Tax Law §1116(a) ; NYCRR 20 §541.1(e) ;
NYCRR 20 §541.3(b) ; NYCRR 20 §541.3(d).

The contractor must obtain a properly completed exemption certificate
from the exempt organization to support the exemption. NYCRR 20
§541.3(c).

If you are going to purchase supplies that you will consume in the
construction process, i.e., that will not become part of the completed
structure, you should contribute the cash to the exempt organization
and let it purchase the supplies. Then the purchase will be exempt.

Katie in San Diego

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #2  
Old 08-22-2008, 10:22 PM
Bill Brown
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Default Re: Buying supplies tax-free, then donating?

On Aug 22, 2:53*pm, se...[at]panix.com (Seth) wrote:
- quote -

> He said New York, in which they are exempt from paying sales tax on
> stuff they purchase for their own use.


By "they" I presume you mean the non-profits.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #1  
Old 08-22-2008, 06:53 PM
Seth
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Posts: n/a
Default Re: Buying supplies tax-free, then donating?

In article <Xns9B02525D9147Eavocatstuyahoofr[at]130.133.1.4> ,
Stuart Bronstein <spamtrap[at]lexregia.com> wrote:
- quote -

> "jack" <jack[at]yahoo.org> wrote:
> > I am going to build something for a non-profit. (in NYS)
> > > Ordinarily I can buy supplies tax free, but then I have to charge

> > the buyer sales tax. In this case I will be donating it rather
> > than selling it, so I can't charge them tax. So, can I still buy
> > it tax free?
> > > Alternately I could use their tax exempt certificate, but then I

> > suppose they would have to reimburse me for the purchase, and I
> > would have to make a cash donation. Or not?

> Depends on which state you're in. In some states nonprofits may be
> exempt from sales and use taxes, and in some states they are not.


He said New York, in which they are exempt from paying sales tax on
stuff they purchase for their own use.

Seth

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 
Old 08-22-2008, 03:05 PM
Stuart Bronstein
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Default Re: Buying supplies tax-free, then donating?

"jack" <jack[at]yahoo.org> wrote:

- quote -

> I am going to build something for a non-profit. (in NYS)
> Ordinarily I can buy supplies tax free, but then I have to charge
> the buyer sales tax. In this case I will be donating it rather
> than selling it, so I can't charge them tax. So, can I still buy
> it tax free?
> Alternately I could use their tax exempt certificate, but then I
> suppose they would have to reimburse me for the purchase, and I
> would have to make a cash donation. Or not?


Depends on which state you're in. In some states nonprofits may be
exempt from sales and use taxes, and in some states they are not.

If your nonprofit is exempt from sales tax, I'd donate the cash to buy
the supplies and have them buy them.

But be careful. Just because an organization is a nonprofit for income
tax purposes does not automatically give them an exemption from sales
and use tax. In California, for example, nonprofits have to pay sales
tax - at least they did the last time the issue came up.

Stu

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #-1  
Old 08-22-2008, 02:16 PM
jack
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Posts: n/a
Default Buying supplies tax-free, then donating?

I am going to build something for a non-profit. (in NYS)

Ordinarily I can buy supplies tax free, but then I have to charge the buyer
sales tax. In this case I will be donating it rather than selling it, so I
can't charge them tax. So, can I still buy it tax free?

Alternately I could use their tax exempt certificate, but then I suppose
they would have to reimburse me for the purchase, and I would have to make a
cash donation. Or not?

This isn't just for income tax is it?

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 

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