Seminar Information

Is your business complying with New York’s sales tax laws and regulations?  Are you exposed to liability?  Are you paying unnecessary sales taxes?  If you are interested in learning more about sales tax as applied to the New York construction and real estate industries, Cunningham & Cunningham, LLP has prepared an instructive seminar course on this topic that can be provided in-house.

View the following sample segment of the seminar:

Cunningham Sales and Use Tax seminar segment from Brian Cunningham on Vimeo.

SALES AND USE TAX & NEW YORK CONSTRUCTION INDUSTRY

A.  INTRODUCTION: Discussion of basic sales tax principles applicable to construction industry.

  1. What is sales tax?
  2. Responsible person liability
  3. Contractors as sales tax vendors

B. EXEMPTION CERTIFICATES: Discussion of Department of Taxation and Finance exemption certificates and other proofs of exemption.

  1. Presumption of taxability for contractor purchases and sales
  2. Good faith doctrine and ninety day rule
  3. ST-124 Certificate of Capital Improvement
  4. ST-120.1 Contractor Exempt Purchase Certificate
  5. ST-119.1 Exempt Organization Exempt Purchase Certificate
  6. Governmental contract documents

C. CAPITAL IMPROVEMENT PROJECTS:  Discussion and review of sales tax obligations and requirements on capital improvement project.

  1. Definition of capital improvement: 3 prong test and end result test
  2. Use of ST-124 Certificate of Capital Improvement
  3. Applicable sales tax exemptions
  4. Taxable purchases on capital improvement projects

D. CONTRACTS WITH TAX EXEMPT ORGANIZATIONS: Discussion of sales tax obligation and requirements on projects with tax exempt organizations.

  1. Governmental and non-governmental exempt organizations
  2. Use of ST-119.1 Exempt Organization Exempt Purchase Certificate and governmental contract documents
  3. Use of ST-120.1 Contractor Exempt Purchase Certificate
  4. Applicable sales tax exemptions
  5. Taxable purchases on tax exempt organization projects
  6. Agency relationship
  7. IDA projects

E. TAXABLE PROJECTS

  1. Repair and maintenance
  2. Use of ST-120.1 Contractor Exempt Purchase Certificate

F. USE TAX