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Dos and Don'ts

When filling out the Nebraska Sales Tax form, it’s essential to follow specific guidelines to ensure accuracy and compliance. Here’s a list of things to do and avoid:

  • Do read the instructions carefully on the reverse side of the form.
  • Do provide complete and accurate information for both the purchaser and seller.
  • Do specify whether the certificate is for a single purchase or a blanket certificate.
  • Do check the appropriate exemption category that applies to your purchase.
  • Do include a detailed description of the item or service purchased.
  • Don't leave any sections blank; incomplete certificates cannot be accepted.
  • Don't misuse the certificate for purchases that do not qualify for exemption.
  • Don't forget to sign the certificate; an authorized signature is required.
  • Don't send the completed form to the Nebraska Department of Revenue; keep it for your records.
  • Don't assume that being a nonprofit organization automatically qualifies for exemption.

Common mistakes

  1. Incorrectly Identifying the Type of Certificate: Many individuals fail to check the appropriate box for either a single purchase or a blanket certificate. This oversight can lead to confusion regarding the validity of the exemption.

  2. Omitting Required Information: Essential details, such as the names and addresses of both the purchaser and seller, are sometimes left blank. Incomplete forms cannot be accepted.

  3. Failing to Specify the Reason for Exemption: When filling out the form, it is crucial to clearly indicate the reason for the tax exemption. Not doing so can result in the rejection of the certificate.

  4. Incorrectly Completing the Relevant Sections: Each section of the form corresponds to specific types of exemptions. Individuals often mix up Sections A, B, and C, leading to improper completion.

  5. Neglecting to Provide Tax Identification Numbers: If applicable, the Nebraska Sales Tax Permit Number or the Foreign State Sales Tax Number should be included. Omitting this information can cause delays or denials.

  6. Not Signing the Certificate: The authorized signature is a mandatory requirement. A form without a signature is considered invalid.

  7. Misunderstanding Blanket Certificate Validity: Some purchasers do not realize that a blanket certificate remains valid until it is revoked in writing. They may mistakenly think it expires after a certain period.

  8. Incorrectly Claiming Exemption Categories: Each exemption category has specific criteria. Misidentifying the category can lead to penalties or tax liabilities.

  9. Failing to Retain the Certificate: Sellers must keep the certificate as part of their records. Purchasers sometimes forget this step, which can lead to issues during audits.

File Specifications

Fact Name Description
Form Purpose The Nebraska Sales Tax Form, known as Form 13, is used for claiming sales tax exemptions on purchases made for resale or other exempt purposes.
Types of Certificates Form 13 allows for two types of certificates: Single Purchase and Blanket. A Blanket certificate remains valid until revoked in writing.
Sections Overview The form consists of three sections: Section A for resale purchases, Section B for exempt purchases, and Section C specifically for contractors.
Governing Laws The use of Form 13 is governed by Nebraska Revised Statutes §§77-2701 through 77-27,135, which outline the rules for sales tax exemptions.
Penalties for Misuse Misuse of Form 13 can result in a penalty of $100 or ten times the tax amount, whichever is greater, for each instance of misuse.
Record Keeping Sellers must retain completed certificates as part of their records. The form should not be sent to the Nebraska Department of Revenue.

Misconceptions

  • Misconception 1: Only businesses can use the Nebraska Sales Tax form.
  • Individuals can also use the form for exempt purchases, not just businesses. The form is available to anyone making a qualifying exempt purchase.

  • Misconception 2: The form must be submitted to the Nebraska Department of Revenue.
  • The form does not need to be sent to the Department of Revenue. It should be kept by the seller as part of their records.

  • Misconception 3: A blanket certificate is only valid for a limited time.
  • A blanket certificate remains valid until it is revoked in writing by the purchaser. This allows for multiple exempt purchases without needing a new form each time.

  • Misconception 4: All non-profit organizations are exempt from sales tax.
  • Not all non-profits are automatically exempt. They must qualify under specific categories and complete the necessary documentation.

  • Misconception 5: The seller is responsible for determining if the purchase is exempt.
  • The purchaser must ensure that the purchase qualifies for exemption. The seller relies on the information provided on the form.

  • Misconception 6: Completing the form guarantees that the purchase is tax-exempt.
  • Completing the form does not guarantee exemption. The purchase must meet the criteria outlined in the Nebraska Revenue Act.

  • Misconception 7: All items purchased for resale are exempt from sales tax.
  • Only items purchased specifically for resale, rental, or lease qualify for exemption. Items used for other purposes may still be taxable.

  • Misconception 8: Once the form is signed, it cannot be revoked.
  • The purchaser can revoke a blanket certificate at any time by providing written notice to the seller.

  • Misconception 9: The Nebraska Sales Tax form is the same for all types of exemptions.
  • Different sections of the form apply to different types of exemptions. It is important to complete the correct section based on the nature of the purchase.

Listed Questions and Answers

What is the Nebraska Sales Tax Form used for?

The Nebraska Sales Tax Form, specifically Form 13, is utilized to certify that certain purchases are exempt from sales tax. This form can be used by purchasers who are buying items for resale, making exempt purchases, or by contractors purchasing building materials. It helps ensure that tax is not applied to eligible transactions, aligning with state tax laws.

Who can issue a Resale Certificate?

A Resale Certificate can be issued by individuals or organizations that regularly purchase property or taxable services for resale in the normal course of their business. This includes wholesalers, retailers, and manufacturers. To be valid, the certificate must include specific information about the purchaser, the seller, and the basis for the exemption.

What information is required to complete the form?

To properly complete the Nebraska Sales Tax Form, you need to provide:

  1. The name and address of both the purchaser and seller.
  2. Whether the certificate is for a single purchase or a blanket certificate.
  3. The reason for the exemption, which can be for resale, an exempt purchase, or as a contractor.
  4. A description of the items or services purchased.
  5. The signature of an authorized person and the date of the certificate.

It’s crucial that all sections are filled out completely to avoid any penalties.

What are the penalties for misuse of the certificate?

Using the Nebraska Sales Tax Form incorrectly can lead to significant penalties. If a purchaser presents the form for a transaction that does not qualify for an exemption, they may face a penalty of $100 or ten times the amount of tax owed, whichever is greater. This penalty applies to each instance of misuse. It is vital to ensure that the certificate is used correctly to avoid these consequences.

How long is a blanket certificate valid?

If a blanket certificate is checked on the form, it remains valid until the purchaser revokes it in writing. This means that the seller can accept the certificate for multiple purchases over time without needing to fill out a new form for each transaction, simplifying the process for both parties.

Where should the completed form be sent?

Once the Nebraska Sales Tax Form is completed, it should be given to the seller at the time of purchase. Sellers are required to keep this certificate as part of their records for auditing purposes. Do not send the completed form to the Nebraska Department of Revenue; it is meant to remain with the seller.

Similar forms

  • Sales Tax Exemption Certificate: Similar to the Nebraska Sales Tax form, this document allows purchasers to claim an exemption from sales tax. It typically requires details about the buyer, seller, and the reason for the exemption, ensuring that the transaction is compliant with state tax regulations.

  • Resale Certificate: Like the Nebraska Sales Tax form, a resale certificate is used by businesses to purchase goods without paying sales tax, provided those goods will be resold. Both documents require the buyer to declare their intent to resell the items, thus avoiding double taxation.

  • Durable Power of Attorney Form: For those looking to secure their affairs, our essential Durable Power of Attorney resources are vital for ensuring that your wishes are respected during incapacity.
  • IRS Form W-9: While this form is primarily used for tax identification purposes, it shares similarities with the Nebraska Sales Tax form in that both require the identification of the purchaser and seller. They both help facilitate proper reporting and compliance with tax regulations.

  • Certificate of Exemption for Nonprofit Organizations: Nonprofits use this document to claim exemption from sales tax, similar to how certain entities can use the Nebraska Sales Tax form. Both documents require specific information about the organization and the nature of the purchases being made.

  • Form 990: This IRS form provides financial information about nonprofit organizations, akin to the Nebraska Sales Tax form's requirement for disclosure of the nature of purchases. Both forms are essential for maintaining transparency and compliance with tax obligations.

  • Purchasing Agent Appointment Form: This document is used to authorize a purchasing agent to make tax-exempt purchases on behalf of an organization. It parallels the Nebraska Sales Tax form by requiring a clear declaration of the relationship between the buyer and seller, ensuring that tax-exempt status is properly applied.

Documents used along the form

When dealing with sales tax in Nebraska, several forms and documents complement the Nebraska Sales Tax form. These documents help streamline the process of claiming exemptions and ensuring compliance with tax regulations. Below is a list of commonly used forms associated with Nebraska sales tax transactions.

  • Nebraska Resale Certificate (Form 13A) - This document allows businesses to purchase goods tax-free for resale. It certifies that the buyer intends to resell the items in the regular course of business, either in their original form or as part of another product.
  • Nebraska Release of Liability Form - To safeguard against potential claims, ensure you have the necessary release of liability documentation before engaging in high-risk activities.
  • Nebraska Exempt Sale Certificate (Form 13B) - Used by organizations that qualify for sales tax exemptions, this certificate indicates the specific category under which the exemption is claimed. It is essential for nonprofits and other exempt entities to complete this form accurately.
  • Nebraska Contractor Exemption Certificate (Form 13C) - Contractors use this form to purchase building materials and fixtures without paying sales tax. It is vital for those operating under specific contractor options to ensure compliance with tax regulations.
  • Nebraska Energy Source Exemption Certificate (Form 13E) - This form is specifically for purchases of energy sources that qualify for exemption. It requires details about the items purchased and their intended use.
  • Nebraska Mobility Enhancing Equipment Exemption Certificate (Form 13ME) - Used for tax-exempt purchases of mobility-enhancing equipment, this form is crucial for ensuring that qualifying items are exempt from sales tax.
  • Nebraska Purchasing Agent Appointment (Form 17) - This document is used when a purchasing agent is appointed to make tax-exempt purchases on behalf of an exempt entity. It outlines the authority granted to the agent and is necessary for compliance.

Understanding and utilizing these forms can help businesses and organizations navigate the complexities of Nebraska's sales tax system. Each document serves a specific purpose and is essential for ensuring compliance and maximizing potential tax savings.