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Fill Your Massachusetts St 13 Form

The Massachusetts ST-13 form, officially known as the "Small Business Energy Exemption Certificate," is designed for qualifying small businesses in Massachusetts seeking an exemption from sales tax on energy purchases. This includes gas, steam, electricity, and heating fuel, provided the business had a gross income of less than $1,000,000 in the previous calendar year and expects the same for the current year, with five or fewer employees. To benefit from this exemption, eligible businesses must complete and submit this form to their vendors, ensuring they adhere to the criteria set forth by the Massachusetts Department of Revenue. Click the button below to fill out your form.

In today's environmentally and financially aware landscape, small businesses in Massachusetts can gain a significant benefit through the Massachusetts St 13 form, also known as the Small Business Energy Exemption Certificate. Launched for purchases made on or after April 1, 2006, this initiative spearheaded by the Massachusetts Department of Revenue aims to lighten the financial load on small-scale enterprises. Eligible businesses—those with annual gross incomes of less than $1,000,000 and fewer than six employees—can apply for a sales tax exemption on energy purchases. This encompasses a variety of energy forms, including gas, steam, electricity, and heating fuel, provided these resources are utilized solely for the business's operations. The form requires comprehensive details such as the vendor’s information, a description of the energy being purchased, and a certification that the business meets the eligibility criteria. Moreover, it introduces an accountability framework, demanding that applicants possess adequate records to support their exemption claim and fully accept liability for any due taxes should their eligibility status change. With options for either a Single Purchase Certificate or a Blanket Certificate covering a full calendar year, the ST-13 form also delineates responsibilities for both vendors and purchasers, ensuring a traceable and transparent exemption process. As sustainability and cost-saving measures continue to be imperative for small businesses, the Massachusetts St 13 form represents a vital tool for financial management and environmental stewardship.

Massachusetts St 13 Sample

Form ST-13

Small Business Energy Exemption Certificate

for Purchases On or After April 1, 2006

Rev. 2/06

Massachusetts

Department of

Revenue

Vendor’s name

Address

City/Town

State

Zip code

 

 

 

Description of energy being purchased (check one):

Number of employees

 

Gas

Steam

Electricity

Heating Fuel

I hereby certify that the energy described above is purchased solely for my own use as a qualifying small business which, during the previous calendar year, had gross income of less than $1,000,000 and which reasonably expects to have gross income of less than $1,000,000 for the current calendar year, and which has five or fewer employees. I further certify that I have records sufficient to document the eligibility of the business claiming exemption under this certificate. This certificate may not be used to claim exemption if any portion of the energy purchased is provided to or for the benefit of other entities.

Full liability is hereby assumed by the purchaser for the payment of any use tax due in the event that the purchaser does not meet all of the requirements above. This certificate shall be considered part of each order unless revoked in writing. All vendor purchase orders under this certificate shall clearly state that they represent purchases for the use of exempt small business.

Signed under the penalties of perjury.

Signature

Title

 

 

 

 

Name of company

 

Federal Identification number

 

 

 

Address

 

 

 

 

 

City/Town

State

Zip code

 

 

 

Date

 

 

Type of certificate (check one):

Single Purchase Certificate

Blanket Certificate (for calendar year

 

)

This form is approved by the Commissioner of Revenue and may be reproduced.

Form ST-13 Instructions

General Information

All business entities with gross income of less than $1,000,000 for the previous calendar year and that reasonably expect to have gross income of less than $1,000,000 in the current calendar year, that have five or fewer employees are exempt from paying a sales tax on their purchases of gas, steam, electricity and heating fuel solely for their own use. A business that may not have had gross in- come during the preceding calendar year, such as a newly-formed business, may be eligible for exemption if it reasonably expects to have gross income of less than $1,000,000 for the current calen- dar year.

Any purchaser which seeks this exemption must complete Form ST-13, Small Business Energy Exemption Certificate. A signed copy of this form must be submitted to the vendor(s) in order for the small business to claim the exemption. The small business exemp- tion applies only to purchases on or after the date this certificate is signed and presented to the vendor.

Instructions to Vendors

The burden of proving that a business is entitled to the small busi- ness exemption is on the vendor unless the vendor accepts in good faith a copy of this certificate, Form ST-13.

For each sale exempt from sales tax under the small business ex- emption, vendors must keep a record of the name, address, and federal identification number of the small business claiming the ex- emption, the sales price of each sale and a copy of Form ST-13. For further information regarding the requirements for retaining rec- ords, see Massachusetts Regulation 830 CMR 62C.25.1.

Instructions to Purchasers

A purchaser ordinarily must present this certificate to the vendor for each calendar year on or before the date of its first purchase of taxable fuel in each new calendar year. If a purchaser presents the certificate after this date, the certificate only applies to purchases made on or after the date the certificate is signed and presented to the vendor.

For purposes of this exemption, an “employee” includes any part- ner, owner or officer of the business who normally works for the business for thirty hours or more per week. Unless a taxpayer dem- onstrates otherwise, the Commissioner of Revenue will presume that any partner, owner or officer who regularly works for a business normally works for the business for thirty hours or more per week.

“Employee” also includes any other individual who is an employee as defined for federal tax withholding purposes under Internal Revenue Code (I.R.C.) Sec. 3401 and who normally works for the business for thirty hours per week or more and who is hired for a period of five months or more.

In determining number or employees, a business entity must con- sider all employees, not just employees at a particular location of the business.

If a business is a member of an affiliated group, as defined in I.R.C. Sec. 1504, all employees of all members of the group must be counted to determine whether the entire affiliated group qualifies as a small business.

The business must maintain adequate weekly employee time and wage records to substantiate any claim to this exemption.

If at any time a business that has claimed a small business exemp- tion under this certificate ceases to qualify for exemption, it must notify the vendor in writing.

A purchaser is liable for the payment of any use tax in the event that the purchaser is not eligible for the exemption.

For further information about the Small Business Energy Exemp- tion, see Massachusetts Regulation 830 CMR 64H.6.11; Technical Information Release 06-2.

Warning: Willful misuse of this certificate may result in criminal tax evasion penalties of up to one year in prison and $10,000 ($50,000 for corporations) in fines.

If you have any questions about the acceptance or use of this cer- tificate, please contact the Massachusetts Department of Revenue at (617) 887-MDOR.

Document Information

Fact Name Description
Form Title Massachusetts Form ST-13 Small Business Energy Exemption Certificate
Effective Date For Purchases On or After April 1, 2006
Revision Date February 2006
Governing Authority Massachusetts Department of Revenue
Eligibility Criteria Small businesses with gross income less than $1,000,000 in the previous calendar year and 5 or fewer employees
Purpose of Form To claim exemption from sales tax on purchases of gas, steam, electricity, and heating fuel for qualifying small businesses
Governing Law Massachusetts Regulation 830 CMR 64H.6.11; Technical Information Release 06-2
Documentation Requirement Businesses must maintain records to document eligibility for the exemption
Vendor Responsibility Vendors must retain a copy of the Form ST-13, along with details of each exempt sale, to prove a business's entitlement to the exemption
Error Liability Full liability for use tax due falls on the purchaser if the eligibility criteria are not met
Penalty for Misuse Up to one year in prison and fines up to $10,000 ($50,000 for corporations)
Form Approval Approved by the Commissioner of Revenue and may be reproduced

Guidelines on Filling in Massachusetts St 13

To accurately fill out the Massachusetts ST-13 form, businesses looking to claim the Small Business Energy Exemption must carefully provide the necessary information. This form is crucial for small businesses in Massachusetts aiming to receive an exemption from sales tax on energy purchases, including gas, steam, electricity, and heating fuel, utilized strictly for their own operations. The stipulation is that these businesses should not exceed a gross income of $1,000,000 in the preceding and current calendar year and must have five or fewer employees. Attention to detail and an understanding of your business's eligibility are essential in completing this form correctly.

  1. Start by entering the Vendor’s Name at the top of the form.
  2. Fill in the vendor’s Address, including the City/Town, State, and Zip code.
  3. Under “Description of energy being purchased (check one):”, check the corresponding box for the type of energy you are purchasing: Gas, Steam, Electricity, or Heating Fuel.
  4. In the section designated for the number of employees, clearly indicate how many employees work for your business to verify that it does not exceed five.
  5. Read the certification statement carefully to ensure your business meets all described qualifications.
  6. Fill in the Name of Company towards the bottom of the form, ensuring it matches the legal entity name for your business.
  7. Enter the Federal Identification Number of your business. This is a unique number assigned to businesses by the Internal Revenue Service (IRS).
  8. Supply your business’s address again in the provided fields, including City/Town, State, and Zip code.
  9. Choose the Type of Certificate you are applying for: either a Single Purchase Certificate if this is a one-time exemption request or a Blanket Certificate if you intend to make multiple purchases throughout the calendar year that qualifies for exemption.
  10. Lastly, the form needs to be signed and dated. The person responsible for this should fill in their Title, sign the form, print their Name, and enter the Date. Remember, signing this document under the false pretense is subject to penalty under the law, so ensure all information is accurate and truthful.

Once the form is correctly filled out and signed, present it to your vendor to process your energy purchases under the exemption. Keep a copy for your records as it’s vital for maintaining eligibility and compliance with Massachusetts Department of Revenue regulations. Businesses must also be ready to supply additional documentation if their eligibility for the exemption is audited or questioned. Staying informed and prepared will help ensure a smooth transaction and compliance with state tax laws.

More About Massachusetts St 13

What is the Massachusetts Form ST-13?

The Massachusetts Form ST-13, known as the Small Business Energy Exemption Certificate, allows qualifying small businesses to be exempt from paying sales tax on their purchases of gas, steam, electricity, and heating fuel. To be eligible, a business must have had a gross income of less than $1,000,000 in the previous calendar year and expect to have less than $1,000,000 gross income in the current calendar year. Additionally, the business should have five or fewer employees. This exemption applies only to purchases made for the business's own use.

How does a business qualify for the exemption provided by Form ST-13?

To qualify for the exemption, a business must meet specific requirements. First, it must have generated gross income of less than $1,000,000 in the previous calendar year and anticipate generating less than $1,000,000 in the current calendar year. Second, it must have five or fewer employees, including owners, partners, and officers who work for the business for thirty hours or more per week. Even newly formed businesses without income in the preceding year can qualify if they reasonably expect their gross income to be less than $1,000,000 for the current year. The business is responsible for maintaining records to document its eligibility for this exemption.

How should the completed Form ST-13 be used?

Once a business fills out Form ST-13, it must submit a signed copy to its vendors to claim the exemption on eligible energy purchases. This form needs to be presented to the vendor for each calendar year, preferably before the date of the first purchase of taxable energy in that year. If presented after the first purchase, the exemption will apply only to purchases made from the date the form is signed and given to the vendor. Vendors are required to retain a record of the sale, including the sales price and a copy of the Form ST-13, to prove the transaction was exempt from sales tax.

What happens if a business no longer qualifies for the Form ST-13 exemption?

If a business that has claimed an exemption using Form ST-13 ceases to qualify, for instance, if its gross income exceeds $1,000,000 or its number of employees increases beyond five, the business must immediately notify its vendors in writing. In such cases, the business is liable for the payment of use tax on any purchases made while it was ineligible. It’s important for businesses to regularly review their eligibility status to ensure compliance with Massachusetts tax laws and avoid potential penalties for misuse of the exemption certificate.

Common mistakes

When filing the Massachusetts Form ST-13, Small Business Energy Exemption Certificate, individuals commonly commit a range of mistakes that can impact their ability to claim an exemption accurately. These errors not only complicate the process but may also result in unintentional non-compliance, which carries potential penalties. Understanding these common mistakes can guide individuals and businesses to complete the form correctly.

  1. Not verifying eligibility criteria properly: Businesses sometimes assume they qualify for the exemption without closely examining the requirements—specifically, the stipulation that the business must have had a gross income of less than $1,000,000 in the previous calendar year and expects the same for the current year, along with having five or fewer employees.
  2. Failing to provide complete vendor information: Omitting details like the vendor’s name, address, or contact information can lead to the rejection of the form.
  3. Incorrectly identifying the type of energy purchased: Not clearly indicating whether the energy purchase is for gas, steam, electricity, or heating fuel can invalidate the exemption claim.
  4. Omitting employee count verification: The form requires a declaration regarding the number of employees, and overlooking this step or providing inaccurate information might result in denial of the exemption.
  5. Improper use of the certificate: Using the certificate for energy that benefits entities other than the qualifying small business (e.g., subletting space and including that energy use) is a mistake.
  6. Not maintaining adequate documentation: The business must keep records to document eligibility for the exemption. Failure to do so can lead to issues during auditing processes.
  7. Selecting the wrong certificate type: Confusion between the 'Single Purchase Certificate' and 'Blanket Certificate' often arises. A blanket certificate applies to all purchases within a calendar year, while a single purchase certificate is for one-time use. Misuse or misunderstanding of these options can lead to filing errors.
  8. Forgetting to sign and date the certificate: An unsigned or undated form is considered incomplete and invalid for claiming the exemption.
  9. Not updating the vendor if the business’s eligibility changes: If a business no longer meets the eligibility criteria after claiming an exemption, it must notify the vendor in writing. Neglecting this step can lead to liability for unpaid taxes.

In summary, vigilance in meeting all the specific requirements set forth by the Massachusetts Department of Revenue is crucial when completing Form ST-13. By avoiding these common pitfalls, businesses can ensure they properly benefit from the Small Business Energy Exemption without encountering legal or financial complications.

Documents used along the form

In Massachusetts, small businesses looking to take advantage of the energy exemption provided by Form ST-13 must ensure they are familiar with additional forms and documents that may be required or related to their claim. Form ST-13, the Small Business Energy Exemption Certificate, allows qualifying businesses to purchase energy without paying the state's sales tax. This form specifically benefits those with a gross income of less than $1,000,000 and with five or fewer employees. Apart from Form ST-13, there are various other documents and forms that could play a role in a business's tax exemptions and filings.

  • Form ST-1:This is the Sales and Use Tax Return form. Businesses file this form to report their sales tax collected from customers. It is relevant to understand the overall tax obligations and exemptions a business might be dealing with.
  • Form ST-4: Sales Tax Resale Certificate allows a business to make tax-free purchases of property or services that will be resold in the normal course of operations. Useful for businesses involved in retail or wholesale.
  • Form ST-6: Certificate of Payment of Sales or Use Tax for Boat, Recreation or Snow Vehicle. While not directly related to energy exemptions, this form is relevant for businesses in specific industries that may be purchasing these types of vehicles for business use.
  • Form ST-12: Exempt Use Certificate, similar to the ST-13, allows for tax exemption on purchases other than energy, such as machinery or equipment, intended for use in the production of tangible goods or in research and development.
  • Form 355ES: Corporate Estimated Tax. Businesses, including small businesses claiming exemptions under ST-13, may need to file estimated tax payments if they are subject to corporate excise tax. This form helps calculate and pay those estimates.

Understanding these forms can considerably aid a small business in navigating through Massachusetts tax laws effectively. Especially for businesses claiming the small business energy exemption through Form ST-13, familiarity with related documents can provide a broader view of potential benefits and obligations under state tax regulations. Proper use and submission of these documents ensure compliance with the law while maximizing the financial advantages available to small businesses.

Similar forms

The Massachusetts St 13 form, known officially as the Small Business Energy Exemption Certificate, shares similarities with a number of other exemption certificates used across the United States. These comparables typically offer tax relief under certain conditions, aimed at reducing operational costs for qualifying businesses or entities. Understanding how the Massachusetts St 13 form aligns with others can provide valuable insights into the broader landscape of tax exemptions and their intended benefits for small businesses.

Resale Certificate

One document that the Massachusetts St 13 form resembles is the Resale Certificate, used by businesses when purchasing goods they intend to resell. Both certificates serve the purpose of exempting the buyer from certain taxes at the point of purchase. Specifically, the Resale Certificate exempts the buyer from sales tax on items they plan to sell, whereas the Massachusetts St 13 exempts small businesses from sales tax on energy purchases used directly in their operations. In both cases, the onus is on the purchaser to comply with state regulations, including eligibility criteria and the proper use of the exemption. Moreover, both forms require purchasers to assert their eligibility and understand the potential penalties for misuse or false representation.

Agricultural Exemption Certificate

The Agricultural Exemption Certificate is another document with similarities to the Massachusetts St 13 form. It's designed for farmers and agricultural producers, allowing them to purchase supplies, machinery, and sometimes energy, without paying sales tax, provided these purchases are for use in agricultural production. The parallel lies in the targeted relief for specific business activities — in the case of the Agricultural Exemption Certificate, farming is the focus, whereas with the Massachusetts St 13, the emphasis is on small businesses reducing operational costs through energy purchases. Both certificates necessitate documentation and self-certification of eligibility, emphasizing the requirement for businesses to maintain records that substantiate their exemption claims.

Nonprofit Exemption Certificate

Similarly, the Nonprofit Exemption Certificate parallels the Massachusetts St 13 form by catering to a specific group — non-profit organizations. This exemption allows qualifying nonprofits to make purchases without paying sales tax, aiming to support their charitable, educational, or religious missions by easing financial burdens. Like the Massachusetts St 13, the Nonprofit Exemption Certificate requires organizations to prove their eligibility, which typically involves submitting documentation that verifies their tax-exempt status. Both forms represent tools provided by the government to support the sustainability and growth of entities that contribute to the community and economic fabric in distinct ways.

Dos and Don'ts

Filling out the Massachusetts ST-13 Small Business Energy Exemption Certificate requires attention to detail and a clear understanding of your business's eligibility. Below are key things you should and shouldn't do to ensure your application is completed accurately and efficiently.

  • Do verify that your business qualifies as a small business under the guidelines provided, meaning it had gross income of less than $1,000,000 in the previous calendar year and expects to do the same in the current calendar year, with five or fewer employees.
  • Do not fill out the form if your business does not meet the qualifications, as inaccurately claiming an exemption could lead to legal and financial penalties.
  • Do ensure you have sufficient records to document your business's eligibility for the exemption. This includes keeping detailed financial records and information on employee numbers.
  • Do not forget to consider all employees in your count, including part-time employees who work 30 hours or more per week and are hired for a period of five months or more, as well as partners, owners, or officers who normally work 30 hours or more per week for the business.
  • Do choose the correct type of certificate for your business needs. There are two options: a Single Purchase Certificate for a one-time exemption claim or a Blanket Certificate for ongoing purchases throughout the calendar year.
  • Do not use the certificate to claim exemption on energy that is not solely for your own use or that benefits other entities. This could invalidate your exemption and make you liable for taxes due.
  • Do present the completed certificate to your vendor(s) before or on the date of your first qualifying purchase each calendar year to ensure that the exemption is applied from the outset.
  • Do not delay in notifying your vendors in writing if at any time your business no longer qualifies for the small business exemption. This helps avoid wrongful use of the exemption and potential tax liabilities.

By following these guidelines, you can navigate the process of filing for the Massachusetts ST-13 Small Business Energy Exemption Certificate more confidently, helping ensure that your business benefits from the exemptions it rightfully qualifies for, while also maintaining compliance with state tax laws.

Misconceptions

When it comes to navigating the complexities of Massachusetts tax law, particularly the ST-13 Small Business Energy Exemption Certificate, there are several misconceptions that need to be clarified. Understanding these will ensure businesses accurately take advantage of the benefits without inadvertently misstepping. Below are common misunderstandings about the ST-13 form and clarifications to guide proper use.

  • Eligibility is determined solely by the number of employees. While the form stipulates a requirement for five or fewer employees, it's essential to recognize that eligibility also depends on the business's gross income. Specifically, a qualifying small business must have had gross income of less than $1,000,000 in the previous calendar year and reasonably expects to have less than $1,000,000 in gross income for the current calendar year.

  • Any kind of energy purchase qualifies for the exemption. The exemption applies strictly to purchases of gas, steam, electricity, and heating fuel used solely by the business. This means that the energy must be used directly by the business and not for personal use or provided to other entities.

  • Once approved, the exemption applies retroactively. This is not the case. The exemption applies only to purchases made on or after the date the certificate is signed and presented to the vendor. It does not apply retrospectively to purchases made before this date.

  • A new business cannot qualify for the exemption. On the contrary, newly-formed businesses that did not have gross income in the preceding calendar year may still be eligible for the exemption if they reasonably expect to have gross income of less than $1,000,000 for the current calendar year.

  • The exemption is automatically renewed each year. Businesses need to present a new certificate to their vendor each calendar year before the date of their first purchase of taxable fuel for that year. If the certificate is presented after this date, the exemption only covers purchases made following the presentation of the certificate.

  • Only full-time employees count towards the employee limit. The definition of an "employee" for the purposes of this exemption is broader than just full-time staff. It includes partners, owners, or officers of the business who work for the business for thirty hours or more per week, and any individual classified as an employee for federal tax withholding purposes under the Internal Revenue Code, provided they work for thirty hours per week or more and are hired for a period of five months or more.

  • All businesses within an affiliated group independently qualify. If a business is part of an affiliated group, as defined in the Internal Revenue Code, all employees of all members of the group must be counted. This means the entire affiliated group must meet the small business criteria collectively, not individually, to qualify for the exemption.

  • There is no need to maintain records once the exemption is granted. Businesses must maintain sufficient records to document their eligibility for the exemption. This includes keeping weekly employee time and wage records to substantiate any claim to this exemption.

Understanding these intricacies of the Massachusetts ST-13 form is crucial for small businesses aiming to benefit from the energy exemption without incurring liabilities due to misunderstanding the requirements. Properly navigating these rules ensures that small businesses can focus on growth without the added concern of unexpected tax obligations.

Key takeaways

  • The Massachusetts Form ST-13 is designed for small businesses to claim an exemption from sales tax on purchases of gas, steam, electricity, and heating fuel when these resources are used solely by the business itself.
  • Eligibility for this exemption requires the business to have had a gross income of less than $1,000,000 in the previous calendar year and to reasonably expect to maintain a gross income of less than $1,000,000 in the current calendar year.
  • The form applies to companies with five or fewer employees, a count that includes partners, owners, officers who work thirty hours or more per week, and any other employee meeting federal tax withholding definitions for a full-time employee.
  • A signed copy of Form ST-13 must be submitted to vendors for a small business to avail the tax exemption on qualifying purchases. This form serves as the documentation required for exemption.
  • For newly-formed businesses without gross income in the preceding year, eligibility for the tax exemption can still be claimed if the business can reasonably forecast its gross income to be under $1,000,000 for the current year.
  • Purchasers need to provide the exemption certificate to their vendor annually, at or before the first purchase of taxable energy in a calendar year, to claim exemption for that year.
  • The burden of proving that a sale is exempt under the small business exemption lies with the vendor unless they accept the ST-13 form in good faith from the purchaser.
  • Vendors are required to keep detailed records of exempt sales, including information about the purchaser and a copy of the exemption certificate, to substantiate the tax-exempt transactions.
  • If a business loses its eligibility for the small business exemption after having claimed it, it must notify the vendor in writing and is liable for payment of use tax on non-qualifying purchases.
  • Willful misuse of the ST-13 form, such as claiming exemption fraudulently, may lead to severe penalties including criminal tax evasion charges with possible imprisonment and fines up to $10,000 ($50,000 for corporations).
  • Questions about the use and acceptance of Form ST-13 can be directed to the Massachusetts Department of Revenue, ensuring businesses can seek clarification on exemption qualifications or the process.
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