Article Structure
Common mistakes
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Incomplete Information: One common mistake is failing to provide all required information on the form. Missing details such as the purchaser's name, address, or sales tax number can lead to delays or rejections.
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Incorrect Exemption Box Checked: Selecting the wrong exemption box is another frequent error. Ensure that the chosen exemption accurately reflects the nature of the purchase to avoid complications.
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Not Understanding Exemption Limits: Many people overlook the limitations of tax-exempt purchases. For instance, items intended for personal use or donation do not qualify for tax exemption. Familiarize yourself with these details to prevent issues.
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Failure to Sign and Date: A signature and date are essential. Submitting the form without these can render it invalid. Always double-check that the form is signed and dated before submission.
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Not Keeping Records: Some individuals neglect to keep a copy of the completed form for their records. Retaining a copy is crucial for future reference and to demonstrate compliance if needed.
Essential Points on This Form
What is the Georgia St 5 form?
The Georgia St 5 form is a Sales Tax Certificate of Exemption used in the state of Georgia. This form allows certain purchasers to make tax-exempt purchases of tangible personal property or services. It is important for qualifying entities to complete this form to avoid paying sales tax on eligible items. The form outlines various categories under which a purchaser can claim exemption.
Who can use the Georgia St 5 form?
This form can be used by various entities, including churches, nonprofit organizations, educational institutions, and government agencies. Each category has specific criteria that must be met to qualify for tax exemption. For example, purchases made for resale or by government entities do not require a sales tax number. It is essential for purchasers to review the categories carefully to determine eligibility.
How does one complete the Georgia St 5 form?
To complete the Georgia St 5 form, the purchaser must provide their name, address, and type of business. They should also indicate the applicable tax-exempt category by checking the appropriate box. The form must be signed and dated by the purchaser, confirming that the information is accurate. It is crucial to retain a copy of the completed form for record-keeping purposes.
What happens if the form is not completed correctly?
If the Georgia St 5 form is not completed correctly, the supplier may not accept it as valid. This could result in the purchaser being charged sales tax on their purchases. It is important to ensure that all information is accurate and that the correct exemption category is selected to avoid complications.
Is there a time limit for using the Georgia St 5 form?
The Georgia St 5 form does not have a specific expiration date. However, it is important to note that it only applies to purchases made after the date indicated on the form. Purchasers should be aware that any changes in their status or eligibility may require them to complete a new form.
What should a supplier do with the completed Georgia St 5 form?
Suppliers must secure and maintain a properly completed Georgia St 5 form from each purchaser making tax-exempt purchases. This documentation is essential for the supplier's records and may be required in the event of an audit. It is advisable for suppliers to keep these forms organized and accessible for future reference.
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Georgia St 5 Sample
STATE OF GEORGIA
DEPARTMENT OF REVENUE
SALES TAX CERTIFICATE OF EXEMPTION
GEORGIA PURCHASER
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THE UNDERSIGNED HEREBY CERTIFIES that all purchases* made after this date will qualify for the
1. Purchases of tangible personal property or services for RESALE ONLY. O.C.G.A. §
2. Purchases of tangible personal property or services made by the United States government, the state of Georgia, any county or municipality of this state, fire districts which have elected governing bodies and are supported in whole or in part by ad valorem taxes, or any bona fide department of such governments when paid for directly to the seller by warrant on appropriated government funds. A sales and use tax number is not required for this exemption. O.C.G.A. §
3. Purchases of tangible personal property or services made by any authority created by local law enacted by the General Assembly or local constitutional amendment, which authority provides public water or sewer service. A sales and use tax number is not required for this exemption. O.C.G.A. §
4. Purchases of tangible personal property or services made by the University System of Georgia and its educational units, the American Red Cross, a Community Service Board located in this state, Georgia Department of Community Affairs Regional Commissions, or specific qualified authorities provided with a sales tax exemption under Georgia law. A sales and use tax number is not required for this exemption. O.C.G.A. §§
5. The sale, use, consumption, or storage of materials, containers, labels, sacks, or bags used for packaging tangible personal property for shipment or sale. Materials purchased at a retail establishment for consumer use are not exempt. A sales and use tax number is not required for this exemption. O.C.G.A. §
6. Aircraft, watercraft, motor vehicles, and other transportation equipment manufactured or assembled in this state when sold by the manufacturer or assembler for use exclusively outside this state and when possession is taken from the manufacturer or assembler by the purchaser within this state for the sole purpose of removing the property from this state under its own power when the equipment does not lend itself more reasonably to removal by other means. A sales and use tax number is not required for this exemption. O.C.G.A. §
7. The sale of aircraft, watercraft, railroad locomotives and rolling stock, motor vehicles, and major components of each, that will be used principally to cross the borders of this state in the service of transporting passengers or cargo by common carriers and by carriers who hold common carrier and contract carrier authority in interstate or foreign commerce under authority granted by the United States Government. Replacement parts installed by carriers in such aircraft, watercraft, railroad locomotives and rolling stock, and motor vehicles that become an integral part of the craft, equipment, or vehicle are also exempt. The exemption does not extend to private carriers. O.C.G.A. §
8. Purchases of tangible personal property or services made by the Federal Reserve Bank, a federally charted credit union, or a credit union organized under the laws of this state. A sales and use tax number is not required for this exemption. 12 U.S.C. §§ 531, 1768 § 1768; O.C.G.A §
Under penalties of perjury, I declare that I have examined this certificate and, to the best of my knowledge and belief, this certificate is true and correct and made in good faith, pursuant to the sales and use tax laws of the State of Georgia. Further, I understand that any tangible personal property obtained under this certificate is subject to sales and use tax if the purchaser uses or consumes the property in any manner other than indicated above.
Purchaser’s Name: |
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Purchaser’s Type of Business: |
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Purchaser’s Address: |
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Printed Name and Signature: |
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Supplier must secure and maintain one properly completed certificate of exemption from each purchaser making purchases without the payment of tax.
Key takeaways
Filling out the Georgia ST-5 form is an important step for businesses and organizations looking to make tax-exempt purchases. Here are some key takeaways to consider:
- Purpose of the Form: The Georgia ST-5 form serves as a Sales Tax Certificate of Exemption. It allows eligible purchasers to buy certain items without paying sales tax.
- Eligibility Criteria: Not everyone can use this form. Only specific entities, such as government agencies, certain nonprofits, and educational institutions, qualify for the exemptions outlined in the form.
- Types of Exemptions: The form lists various categories of purchases that may be exempt from sales tax. These include items for resale, purchases made by government entities, and certain educational materials.
- Sales Tax Number: A sales tax number is required for some exemptions but not for others. For instance, government entities do not need a sales tax number to claim an exemption.
- Proper Completion: It's crucial to fill out the form accurately. The purchaser must provide their name, sales tax number (if applicable), type of business, and contact information. Incomplete or incorrect forms can lead to tax liabilities.
- Retention of the Form: Suppliers must keep a completed ST-5 form on file for each tax-exempt purchase. This documentation is essential for compliance and may be requested during audits.
Understanding these key points can help ensure that the process of filling out and using the Georgia ST-5 form is smooth and compliant with state tax laws.
Document Characteristics
| Fact Name | Details |
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| Form Purpose | The Georgia ST-5 form is used to certify tax-exempt purchases for specific types of buyers. |
| Governing Laws | This form is governed by O.C.G.A. § 48-8-30 and related sections of the Official Code of Georgia Annotated. |
| Tax Exemption Types | Exemptions include purchases for resale, government entities, educational institutions, and specific qualified authorities. |
| Sales Tax Number Requirement | A sales tax number is required for most exemptions, except for certain government and educational purchases. |
| Validity of Certificate | The certificate must be completed accurately and retained by the supplier for each tax-exempt purchase. |
| Penalties for Misuse | Using property obtained under this certificate for non-exempt purposes may result in tax liability. |