The S 3M Vermont form is a Sales Tax Exemption Certificate specifically designed for businesses involved in manufacturing, publishing, research and development, or packaging. This form allows eligible buyers to claim exemptions from sales tax on certain purchases related to their operations. To ensure compliance and maximize benefits, it is essential to fill out this form accurately.
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The S 3M Vermont form plays a crucial role in facilitating tax exemptions for businesses engaged in manufacturing, publishing, research and development, and packaging. This certificate allows buyers to claim exemptions on specific purchases of tangible personal property, which can be seen, touched, and measured, that are directly utilized in their operations. Designed for single or multiple purchases, the form requires detailed information about both the buyer and seller, including names, addresses, and tax identification numbers. It specifies the types of exemptions available, such as machinery and equipment used in manufacturing or packaging materials for resale. Additionally, the form emphasizes the importance of good faith on the part of sellers, who must ensure the certificate is accurate and complete to avoid liability for tax collection. The S 3M form must be filed with the seller, not the Vermont Department of Taxes, and must be retained for a minimum of three years. Understanding the nuances of this form can help businesses navigate the complexities of sales tax exemptions, ensuring compliance while maximizing their financial efficiency.
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Vermont Sales Tax Exemption Certificate
for
MANUFACTURING, PUBLISHING, RESEARCH & DEVELOPMENT, FORM
or PACKAGING
S-3M
32 V.S.A. § 9741(14), (15), (16), (24)
To be filed with the SELLER, not with the Vermont Department of Taxes.
Single Purchase - Enter Purchase Price $ __________________
Multiple Purchase (effective for subsequent purchases.)
BUYER
Buyer's Name
Vermont Registration Certificate Number
Trading as
Federal ID Number
Address
Telephone Number
City
State
ZIP Code
Buyer’s Primary Business
SELLER
Seller's Name
EXEMPTION CLAIMED
DESCRIPTION. Description of purchased articles
BASIS FOR EXEMPTION
Property consumed in manufacturing tangible personal property for sale.
Machinery and equipment used in or consumed as an integral or essential part of an integrated manufacturing production operation.
Packaging or shipping materials for use by a manufacturer or wholesale distributor.
Property for use or consumption directly and exclusively in commercial, industrial, or agricultural research or development.
Protective glasses, gloves, and other materials used or consumed exclusively in the manufacturing of tangible personal property for sale.
SIGNATURE
I certify that, to the best of my knowledge and belief, the statements provided here are true and correct.
Signature of Buyer or Authorized Agent
Title
Date
Form S-3M
This form may be photocopied.
Page 1 of 1
Rev. 09/22
FORM S-3M Instructions
Vermont Sales Tax Exemption Certificate for
Manufacturing, Publishing, Research & Development, or Packaging
General Information
Please print in BLUE or BLACK ink only.
Tangible personal property is property which can be seen, touched, and measured.
The term “distributor” does not include retailers selling directly to the ultimate consumer. Retail stores of all kinds and restaurants are not included in the terms “manufacturer” or “distributor.”
Tangible personal property that becomes an ingredient or component part of, or is consumed or destroyed in the manufacture of property for sale is exempt. Further, machinery and equipment used in or
consumed as an integral or essential part of an integrated production operation by a manufacturing plant is exempt. Where manufacturing begins and ends is described in 32 V.S.A. § 9741(14). Pre- manufacturing and post-manufacturing do not qualify for this exemption except for machinery used for packaging and quality control – this machinery is exempt even if used after the manufacturing process is complete. Examples of activities not qualifying include procuring raw materials, storing raw materials and finished goods, and administrative business operations.
Form S-3F should be used for purchases of fuel or electricity used directly or indirectly in manufacturing.
Accepting an Exemption Certificate in “Good Faith”
The buyer must present to the seller an accurate and properly executed exemption certificate for the exempted sale. The responsibility is on the seller to determine if the buyer is submitting the exemption certificate in “good faith.” This requires the seller to be familiar with Vermont Sales and Use Tax law and regulations, including exemptions, that apply to the seller’s business. If the buyer provides a certificate that is not valid, i.e., the item purchased does not qualify for the exemption, this is not in good faith and the seller should not accept the certificate. When the seller accepts the certificate in good faith, the seller is not liable for collecting and remitting Vermont Sales Tax.
An exemption certificate is received at the time of sale in good faith when all of the following
conditions are met:
•The certificate contains no statement or entry which the seller knows, or has reason to know, is false or misleading.
•The certification is on an exemption form issued by the Vermont Department of Taxes or a form with substantially identical language.
•The certificate is signed, dated and complete (all applicable sections and fields completed).
•The property purchased is of a type ordinarily used for the stated purpose, or the exempt use is explained.
Form S-3M Instructions
Page 1 of 2 Rev. 09/22
Improper Certificate / Lack of Certificate
Sales transactions which are not supported by properly executed exemption certificates shall be deemed to be taxable retail sales. The burden of proof that the tax was not required to be
collected is upon the SELLER.
Retention of Certificates
Certificates must be retained by the seller for a period of not less than three (3) years from the date of the last sale covered by the certificate.
Additional Purchases by Same Buyer
If the buyer presents a “Multiple Purchase” exemption certificate to the seller, it may be used only when purchasing tangible personal property for use as indicated on this exemption certificate. For each purchase covered by the exemption certificate, the sales slip or invoice must show the buyer’s name and address sufficient to link the purchase to the exemption certificate on file.
Page 2 of 2 Rev. 09/22
The S-3M Vermont form is similar to the S-3F form, which is the Certificate of Exemption for Fuel and Electricity. Both forms serve as exemption certificates that allow businesses to purchase certain items without paying sales tax. The S-3M is specifically designed for manufacturers, publishers, and those involved in research and development, while the S-3F focuses on fuel and electricity used directly in manufacturing processes. Both documents require the buyer to certify that the information provided is accurate and that the property purchased will be used in a manner that qualifies for the exemption. Furthermore, both forms must be retained by the seller for a specified period to comply with tax regulations.
Another document similar to the S-3M is the ST-5 form, which is the Sales Tax Resale Certificate. This form is utilized by retailers and wholesalers who purchase goods for resale rather than for consumption. Like the S-3M, the ST-5 allows for tax-exempt purchases, provided the buyer certifies that the items will be resold in the ordinary course of business. Both forms require the buyer's information and a declaration of the intended use of the purchased property. The ST-5 focuses on resale, while the S-3M emphasizes manufacturing and development activities.
If you are looking to create a Bill of Sale, it is essential to ensure that all necessary details are accurately recorded to prevent any misunderstandings in the transaction. You can find templates and resources to assist in this process at TopTemplates.info, which provides a variety of options tailored to different needs, making the completion of this important document easier and more efficient.
The S-3M form also shares similarities with the S-4 form, which is the Exempt Use Certificate. This document is used for purchases of property that will be used in a manner that qualifies for exemption from sales tax, such as machinery and equipment. Both forms require buyers to provide information about their business and the specific use of the purchased items. The S-4 form is broader in scope, covering various types of exempt uses, while the S-3M is specifically tailored for manufacturing, publishing, and research activities.
Lastly, the S-3M is akin to the Form ST-8, which is the Agricultural Exemption Certificate. This form is used by farmers and agricultural producers to purchase items that are essential for agricultural production without incurring sales tax. Similar to the S-3M, the ST-8 requires the buyer to certify the intended use of the purchased property and provides a framework for tax exemption. While the S-3M focuses on manufacturing and related activities, the ST-8 is specifically targeted at agricultural operations, highlighting the diverse applications of exemption certificates in different industries.
There are several misconceptions regarding the S-3M Vermont form. Understanding these can help ensure compliance and proper use of the exemption certificate.
This is incorrect. The form should be filed with the seller, not the Department of Taxes.
Not all purchases qualify. Only tangible personal property consumed in manufacturing or specific activities are eligible.
This is false. Retailers selling directly to consumers do not qualify as manufacturers or distributors for this exemption.
This is misleading. The manufacturing process is strictly defined, and activities before and after manufacturing do not qualify for exemption.
This is not true. Sellers must accept the certificate in good faith and meet specific conditions to be relieved of tax liability.
This is incorrect. The S-3M form is specific to certain types of purchases, and other forms, like the S-3F, are designated for different purposes.
This is false. Sellers must retain the certificates for at least three years from the date of the last sale covered by the certificate.
This is misleading. If the buyer has a Multiple Purchase certificate, it covers additional purchases, but sellers must document each transaction properly.