INSTRUCTIONS
FOR USE OF RESALE CERTIFICATES
FOR NON-NEW
JERSEY VENDORS ST-3NR
1.
Good
Faith
- In general, a
vendor who accepts an exemption certificate in "good faith" is relieved of
liability for
collection or
payment of tax upon the transaction covered by the certificate. The question of
"good faith" is one of
fact and depends
upon a consideration of all the conditions surrounding the transaction. A vendor
is presumed to be
familiar with
the law and the regulations applicable to the business in which it
deals.
In order for
"good faith" to be established, the following conditions must be
met:
(a) This
certificate must contain no statement or entry which the seller or lessor knows,
or has reason to know, is
false or
misleading.
(b) This
certificate must state a proper basis for the exemption.
(c) This
certificate must be dated and executed in accordance with the published
instructions, and must be
complete and
regular in every respect.
The vendor may
therefore accept this resale certificate in "good faith" as a basis for
exempting sales to the signatory
purchaser
provided that:
(a) The
purchaser has entered all information required on the form, including the
purchaser's state(s) of
registration and
the registration numbers issued by each state in which it is
registered.
(b) The vendor
has no reason to believe that the property to be purchased is of a type not
ordinarily used in the
purchaser's
business for resale in the manner described in this certificate.
(c) The vendor
has no reason to believe that the purchaser has a place of business, employees,
independent
contractors or
service activities or leases tangible personal property in New
Jersey.
2.
Improper
Certificate
- Sales
transactions which are not supported by properly executed exemption certificates
are
deemed to be
taxable retail sales. The burden of proof that the tax was not required to be
collected is upon the seller.
3.
Retention of
Certificates
- Certificates
must be retained by the seller for a period of not less than four years from
the
date of the sale
covered by the certificate.
EXAMPLES OF
PROPER USE OF RESALE CERTIFICATE FOR NON-NEW JERSEY VENDORS
(a) A craftsman
registered in Pennsylvania as a retail and wholesale seller of furniture comes
to New Jersey to
purchase lumber
which he will use in making furniture.
(b) A merchant
registered as a retail seller of books in Connecticut purchases books for his
inventory from a New
Jersey dealer
and sends his employee to pick up the merchandise.
(c) A computer
store owner registered as a retailer in Wisconsin purchases canned software for
her inventory
while attending
a trade show in New Jersey, and carries it away from the show
herself.
EXAMPLES OF
IMPROPER USE OF RESALE CERTIFICATE FOR NON-NEW JERSEY VENDORS
(a) A lumber
dealer may not accept an ST-3NR from a
contractor who intends to use it in working on his
customers' real
property, because under New Jersey law, contractors are considered to be the
retail purchasers
of the
construction materials that they use.
(b) A bookseller
may not accept an ST-3NR from a doctor who is
purchasing books for patients to read in her
waiting room,
because this would not be a purchase for resale.
(c) A candy
wholesaler may not accept an ST-3NR from a
purchaser who shows a New Jersey store address on
the form,
because this information would give the vendor reason to believe that the
purchaser should be
registered in
New Jersey.
(d) A plant
nursery may not accept an ST-3NR from a New
York florist who requests delivery of the plants by
common carrier
to his New York location, because this would not be a New Jersey
sale.
REPRODUCTION
OF RESALE CERTIFICATE FORMS
: Private
reproduction of both sides of resale
certificates may
be made without the prior permission of the Division of Taxation.
HAVE A
QUESTION?
Contact: NJ
Division of Taxation, Technical Services, Taxpayer Services Branch/OCE,
PO
Box 281,
Trenton, NJ 08695-0281, Telephone: (609)
292-6400.