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The 51A126 form plays a crucial role in facilitating tax-exempt purchases for specific organizations in Kentucky. This certificate is designed for use by nonprofit educational, charitable, or religious institutions, as well as historical sites within the state. To utilize this form, the exempt institution must provide its name and address, along with details about the vendor from whom it intends to make a purchase. The form allows for either a blanket exemption or a single purchase exemption, depending on the needs of the institution. Importantly, the tangible personal property, digital property, or services acquired using this certificate must be used solely for the exempt purpose of the organization. If the property is not utilized as intended, the institution is responsible for paying the applicable sales tax based on the purchase price. Furthermore, the form contains a cautionary note for sellers, emphasizing that this certificate cannot be employed by construction contractors for purchases related to contracts with exempt institutions. Compliance with the regulations surrounding this certificate is essential, as misuse can lead to significant penalties under Kentucky law.

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Exemption Number

Important—Certificate not

valid unless completed.

Name of Exempt Institution

 

PURCHASE EXEMPTION

Check Applicable Block

CERTIFICATE

Blanket

Single Purchase

 

I hereby certify that ___________________________________ is a Kentucky resident, nonprofit educational, charitable or

Name of Exempt Institution

religious institution, or Kentucky historical site, located at ___________________________, Kentucky and that the tangible

personal property, digital property or services to be purchased from _____________________________________________

Name of Vendor

_____________________________________________________________________________________________________________

Address

will be used solely within the exempt function of a charitable, educational or religious institution, or historical site.

Description of property to be purchased: ____________________________________________________________________

_____________________________________________________________________________________________________________

In the event that the property purchased is not used for an exempt purpose, it is understood that I am required to pay the tax measured by the purchase price of the property.

Any official or employee who uses this certificate to make tax-free purchases for his own personal use or that of any other person will be subject to the penalties provided in KRS 139.990 and other applicable laws.

Under penalties of perjury, I swear or affirm that the information on this certificate is true and correct as to every material matter.

Authorized Signature

CAUTIONTO SELLER: This certificate cannot be issued or used in any way by a construction contractor to purchase property to be used in fulfilling a contract with an exempt institution. Sellers accepting certificates for such purchases will be held liable for the sales or use tax.

Title

Date

 

DEPARTMENT OF REVENUE

 

Frankfort, Kentucky 40620

51A126 (12-09)

Form Specifications

Fact Name Details
Form Title 51A126 Exemption Certificate
Governing Law Kentucky Revised Statutes (KRS) 139.990
Purpose To certify that purchases made by qualifying institutions are exempt from sales tax.
Eligible Institutions Nonprofit educational, charitable, or religious institutions, and historical sites located in Kentucky.
Usage Requirement Purchased items must be used solely for exempt functions of the institution.
Penalties for Misuse Using the certificate for personal purchases can result in penalties as outlined in KRS 139.990.
Seller's Responsibility Sellers must ensure the certificate is valid and cannot accept it for construction-related purchases.

51A126: Usage Guidelines

After completing the 51A126 form, ensure that all information is accurate and legible. This form must be submitted to the vendor to qualify for the tax exemption. Follow the steps below to fill out the form correctly.

  1. Exemption Number: Enter the exemption number at the top of the form.
  2. Name of Exempt Institution: Write the name of the nonprofit educational, charitable, or religious institution, or Kentucky historical site.
  3. Purchase Exemption: Check the box that applies: Blanket or Single Purchase.
  4. Certification: In the blank space, state the name of the exempt institution again.
  5. Location: Provide the complete address of the exempt institution in Kentucky.
  6. Name of Vendor: Fill in the name of the vendor from whom the purchase will be made.
  7. Vendor Address: Enter the address of the vendor.
  8. Description of Property: Clearly describe the tangible personal property, digital property, or services being purchased.
  9. Signature: An authorized person must sign the form.
  10. Title and Date: Include the title of the signer and the date of signing.

Your Questions, Answered

What is the 51A126 form used for?

The 51A126 form is a certificate used by certain exempt institutions in Kentucky to make tax-free purchases. This includes nonprofit educational, charitable, or religious institutions, as well as Kentucky historical sites. The form certifies that the items purchased will be used solely for exempt purposes.

Who can use the 51A126 form?

Only authorized representatives of qualified institutions can use the 51A126 form. This includes individuals from nonprofit educational, charitable, or religious organizations, as well as historical sites located in Kentucky. The form must be completed accurately to be valid.

What information is required on the 51A126 form?

The form requires several key pieces of information. You must provide the name and address of the exempt institution, the name and address of the vendor, and a description of the property being purchased. Additionally, the authorized representative must sign the form, affirming the accuracy of the information provided.

What happens if the purchased items are not used for exempt purposes?

If the tangible personal property, digital property, or services purchased with the 51A126 form are not used for exempt purposes, the institution is responsible for paying the sales tax based on the purchase price. This is an important consideration to ensure compliance with tax regulations.

Are there any penalties for misuse of the 51A126 form?

Yes, there are penalties for misuse. If an official or employee uses the 51A126 form to make tax-free purchases for personal use or for someone else's benefit, they may face penalties as outlined in KRS 139.990 and other applicable laws. It is crucial to use the form strictly for its intended purpose.

Can construction contractors use the 51A126 form?

No, construction contractors cannot use the 51A126 form to purchase property for fulfilling contracts with exempt institutions. If a seller accepts this certificate for such purchases, they will be held liable for the sales or use tax. It is important for sellers to verify the legitimacy of the certificate before proceeding with tax-free transactions.

How often can the 51A126 form be used?

The 51A126 form can be used for both blanket and single purchases, depending on the needs of the exempt institution. However, each use must comply with the rules governing tax-exempt purchases. Institutions should keep accurate records of all transactions made using this certificate.

Common mistakes

  1. Leaving the Exemption Number Blank: This form requires an exemption number. Without it, the certificate is invalid.

  2. Incorrectly Identifying the Institution: Make sure to accurately name the exempt institution. Errors here can lead to complications.

  3. Not Specifying the Purchase Type: Check the appropriate box for either Blanket or Single Purchase. Failing to do so can cause confusion.

  4. Missing the Vendor's Information: It's essential to provide the full name and address of the vendor. Omitting this can invalidate the form.

  5. Vague Description of Property: Clearly describe the property being purchased. A vague description can lead to misunderstandings regarding the exemption.

  6. Ignoring the Tax Consequences: Understand that if the property is not used for exempt purposes, tax must be paid. This is a crucial responsibility.

  7. Signature Issues: Ensure the authorized signature is included. A missing signature can render the certificate invalid.

  8. Failure to Understand Limitations: Be aware that this certificate cannot be used by construction contractors for purchases related to their contracts. Misuse can lead to penalties.

Documents used along the form

The 51A126 form is used in Kentucky to certify that certain purchases made by nonprofit organizations are exempt from sales tax. It is important to understand that this form is often accompanied by other documents that may be necessary for various transactions. Below is a list of commonly used forms and documents that may accompany the 51A126 form.

  • Form 51A131: This form is a Sales Tax Exemption Certificate for nonprofit organizations. It serves a similar purpose as the 51A126 but is specifically tailored for different types of tax exemptions.
  • Form ST-5: This is a general sales tax exemption certificate used by organizations that are exempt from sales tax. It provides a broader scope of exemption and can be used for various purchases.
  • Form 51A125: This form is a Kentucky Exempt Organization Certificate. It verifies that an organization is recognized as tax-exempt by the state and is often required for tax-exempt purchases.
  • Form 51A129: This is a Kentucky Resale Certificate. It allows businesses to purchase items without paying sales tax if those items will be resold to customers.
  • Form 51A132: This form is used for claiming exemption from sales tax on purchases made by government entities. It outlines the specific exemptions available to state and local governments.
  • Purchase Order: This document outlines the details of the purchase, including quantities, prices, and terms. It is often used in conjunction with the 51A126 to ensure clarity in the transaction.
  • Invoice: An invoice provides a detailed account of the goods or services provided. It is crucial for record-keeping and may be required to validate the tax-exempt status of the purchase.
  • Letter of Determination: This letter is issued by the IRS or state revenue department confirming an organization’s tax-exempt status. It may be requested to substantiate the use of the 51A126 form.

Understanding these documents can help ensure compliance with tax regulations and facilitate smoother transactions for exempt organizations. Always keep accurate records and consult with a tax professional if there are any uncertainties regarding the use of these forms.

Similar forms

The 51A126 form is a tax exemption certificate used by certain nonprofit organizations in Kentucky. Several other documents serve similar purposes, allowing for tax exemptions under specific conditions. Here’s a list of eight documents that are comparable to the 51A126 form:

  • Form ST-5: This is a Massachusetts Sales Tax Exempt Certificate. Nonprofit organizations use it to purchase goods without paying sales tax, similar to the Kentucky exemption.
  • Form ST-2: In New York, this form serves as a Sales Tax Exempt Certificate for exempt organizations. It allows eligible nonprofits to buy items tax-free, akin to the 51A126.
  • IRS Form 990: This form is used by tax-exempt organizations to report their income and expenses. While not a purchasing certificate, it provides proof of nonprofit status, which can be necessary for tax exemptions.
  • Form ST-3: This New Jersey Sales Tax Exempt Certificate allows exempt organizations to purchase items without paying sales tax. It functions similarly to the 51A126 by confirming the buyer's exempt status.
  • Form ST-4: This is the Connecticut Sales and Use Tax Exempt Certificate. Nonprofit organizations use it to purchase goods without incurring sales tax, similar to the Kentucky form.
  • Form ST-4A: In Rhode Island, this form is used for sales tax exemption for nonprofit organizations. It provides a means to purchase tax-free, paralleling the purpose of the 51A126.
  • Form ST-5B: This is a Pennsylvania Sales Tax Exemption Certificate for certain exempt organizations. It allows these entities to buy goods without sales tax, much like the 51A126.
  • Form 501(c)(3): This IRS designation confirms an organization’s tax-exempt status. While not a purchasing certificate, it is essential for nonprofits to qualify for tax exemptions when using forms like the 51A126.

Dos and Don'ts

When filling out the 51A126 form, it is important to follow certain guidelines to ensure compliance and avoid issues. Here are nine things you should and shouldn't do:

  • Do provide accurate information about the exempt institution.
  • Don't leave any sections blank. Every part of the form is necessary.
  • Do specify whether the exemption is for a blanket or single purchase.
  • Don't use the form for personal purchases. This is strictly for exempt purposes.
  • Do include a detailed description of the property being purchased.
  • Don't forget to include the vendor's name and address accurately.
  • Do ensure that the authorized signature is from someone with the authority to certify the information.
  • Don't use the certificate for construction contracts or related purchases.
  • Do keep a copy of the completed form for your records.

Following these guidelines will help ensure that your form is completed correctly and used appropriately.

Misconceptions

Here are seven common misconceptions about the 51A126 form:

  • It's only for educational institutions. Many believe that the 51A126 form is exclusively for educational institutions. However, it can also be used by charitable organizations, religious institutions, and historical sites.
  • It can be used for personal purchases. Some think they can use this form for personal items. This is incorrect. The form is meant solely for purchases related to the exempt function of the institution.
  • All purchases are automatically tax-exempt. Just because a form is completed doesn’t mean all purchases are tax-exempt. If the property is not used for an exempt purpose, taxes must still be paid.
  • Only the institution can fill out the form. While the institution must be the one making the purchase, an authorized representative can complete the form on its behalf.
  • It can be used for construction-related purchases. Many mistakenly believe this form can be used by contractors for construction projects. This is not allowed; contractors cannot use the 51A126 form for such purchases.
  • The seller is not responsible for verifying the form. Sellers must ensure that the form is valid. If they accept it improperly, they may be held liable for any sales or use tax due.
  • Once signed, it never expires. Some think that a completed form is valid indefinitely. In reality, it is important to check the validity of the form and the exemption status regularly.

Key takeaways

When filling out and using the 51A126 form, it’s important to keep several key points in mind. This form is primarily used by nonprofit educational, charitable, or religious institutions in Kentucky to make tax-exempt purchases. Here are the essential takeaways:

  • Complete All Sections: Ensure that every part of the form is filled out completely. An incomplete certificate is not valid.
  • Identify the Exempt Institution: Clearly state the name and address of the exempt institution. This information is crucial for validating the tax exemption.
  • Specify the Purchase Type: Indicate whether the exemption applies to a blanket purchase or a single purchase. This distinction affects how the exemption is applied.
  • Understand the Consequences: If the purchased property is not used for the exempt purpose, you may be liable for paying the tax based on the purchase price.
  • Signature Requirement: An authorized signature is necessary to affirm the accuracy of the information provided. This signature also serves as a declaration under penalties of perjury.

Following these guidelines will help ensure that your use of the 51A126 form is compliant and effective. Always keep a copy for your records and consult with a legal advisor if you have any questions about your specific situation.