What is the purpose of the Cert 119 form?
The Cert 119 form is a certificate that allows qualifying exempt organizations in Connecticut to purchase tangible personal property and taxable services without paying sales and use taxes. It is utilized solely for items meant to be used exclusively for the organization's established purposes, such as fundraising events. Qualifying organizations must issue this certificate to retailers to claim their tax exemptions.
Who qualifies as a 'qualifying exempt organization' under the Cert 119 form?
A qualifying exempt organization is defined as one of two types: first, an organization that has been issued an exemption permit by the Connecticut Department of Revenue Services (DRS), and that permit has not been canceled or revoked. Second, it may be an organization that is recognized as tax-exempt under the federal Internal Revenue Code (I.R.C.) §501(a) and has received a determination letter from the U.S. Treasury Department confirming its exempt status under §501(c)(3) or §501(c)(13), provided that this letter has not been revoked by the IRS.
Can qualifying organizations use the Cert 119 for purchasing meals and lodging?
Generally, qualifying exempt organizations may not use the Cert 119 to purchase meals and lodging unless they receive prior approval from the DRS. Instead, they must utilize forms CERT-112 or CERT-123 for exempt purchases of meals or lodging. However, if the organization intends to resell meals at one of five fundraising events during the year, it can use the Cert 119 without prior approval.
What documentation must accompany the Cert 119 when submitting it?
When issuing the Cert 119, the procuring organization must attach a copy of their exemption permit from the DRS or the IRS determination letter that confirms their tax-exempt status. For organizations covered under a group exemption letter and without an individual exemption permit, additional documentation is required, including the group exemption letter, the organization’s consent to the central organization, and a notification from the central organization to the IRS regarding this consent.
What are the obligations of sellers when accepting the Cert 119?
When sellers receive a properly completed Cert 119, they are relieved of the duty to prove that sales and consumption of the property or services are exempt from tax. However, sellers must ensure that the certificate is taken in good faith. If a seller is aware of any factors that suggest that a purchaser is not a qualifying exempt organization, their good faith may be called into question.
How long must organizations and sellers keep copies of the Cert 119?
Both the purchasers and sellers are required to retain copies of the Cert 119 and any attached documents for a minimum of six years from the date the certificate was issued. This retention is critical for compliance and for potential audits by tax authorities.
Are there limitations on using the Cert 119 for fundraising or social events?
Yes, the Cert 119 must not be used as a blanket certificate for purchases of tangible personal property meant for resale at any of the five fundraising or social events within a calendar year. Instead, a qualifying exempt organization can only utilize the certificate for individual purchases or a continuing line of purchases that does not include items intended for resale at these specific events.