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How Do Resale and Sales Tax Exemption Certificates Work?

A resale certificate lets a business buy items tax free because it plans to resell them. An exemption certificate lets a qualifying buyer, like some nonprofits or government agencies, skip sales tax. If you skip tax on a sale, get the right certificate first and keep it on file. Without it, the state can treat the sale as taxable and bill you.

Sales tax is meant to be paid once, by the final customer. Certificates are how the system keeps tax from being charged twice or charged to buyers who don’t owe it.

  • Resale certificate (10.2.5). You give it to your supplier when you buy items you’ll resell. The supplier doesn’t charge you tax. You then charge your customer tax when you sell, if the item is taxable.
  • Exemption certificate (10.2.6). A customer gives it to you when they’re exempt, for example certain nonprofits, schools, or government agencies, or a buyer using the item for an exempt purpose your state allows.

States use their own forms. Some states also accept multistate forms. The Streamlined Sales Tax Certificate of Exemption is accepted by all 24 Streamlined member states, and the Multistate Tax Commission publishes a Uniform Sales and Use Tax Resale Certificate. Not every state allows every exemption on these forms, so check your state.

Made-up example: Tall Pines Garden Supply buys potting soil from a wholesaler with a resale certificate and charges tax when it sells the soil at the register. A local church buys mulch for its grounds and hands over a state exemption certificate. The clerk checks that it’s filled out, scans it into the customer’s file, and rings up the sale without tax.

  • No certificate, no exemption. If you skip tax and can’t show a valid certificate, the state can bill you for the tax you didn’t collect.
  • Using a resale certificate for your own supplies is a problem. If you use items you bought tax free, you usually owe use tax on them (see 10.2.3 Use Tax).
  • Certificates expire or go stale in some states, and customers’ exempt status can change.
  • Resale certificates: anyone who buys products, parts, or materials to resell.
  • Exemption certificates: anyone who sells taxable items to customers who may be exempt.

If nothing you sell is taxable, you may not need either. Check with your state department of revenue.

  1. Get your sales tax permit first. Most states require a permit number to issue a resale certificate (see 10.2.2 Sales Tax).
  2. Find your state’s forms on the department of revenue website, and check whether it accepts the Streamlined or Multistate forms.
  3. When you buy for resale, fill out a resale certificate for each supplier and give it to them before the purchase.
  4. Use resale purchases only for resale. Anything you pull for your own use gets reported for use tax.
  5. When a customer claims an exemption, get a completed certificate before you skip the tax. Check that every required field is filled in and signed.
  6. Mark the customer as exempt in your billing system so future invoices don’t charge tax by mistake (see 10.7.5 Invoices).
  7. Store certificates where you can find them in minutes. One folder per customer or supplier works.
  8. Review them yearly. Check for expiration dates and ask for updated forms when needed.
  • Copies of every resale certificate you gave to suppliers
  • Every exemption or resale certificate you accepted from customers, linked to the sales they cover
  • Notes on any certificate you refused and why

The Streamlined Sales Tax board says not to send certificates to it or to the states. Keep them in your own records for as long as your state requires (see 9.8.2 Record Retention Periods).

  • Taking a customer’s word for it. Get the certificate before the sale, not after.
  • Accepting a blank or half-filled form.
  • Using a resale certificate for shop supplies or tools.
  • Losing track of expired certificates.
  • Assuming an exemption in one state works in another. Each state decides which exemptions it allows.

Certified public accountant (CPA) or state and local tax specialist: if you sell to many exempt customers, buy for resale in several states, or got an audit notice. Questions to ask:

  • Which certificate forms should I accept in my state?
  • How long are certificates good for here?
  • What should I do about past exempt sales with missing certificates?

[Bill: add a short note. For example, how a client lost an exemption in an audit because a certificate was missing, or how you’d set up a simple certificate folder.]

  • [Date I did this:]
  • [What I actually did, step by step: whether SiteSmarty needs resale or exemption certificates, and where they’re stored]
  • [What it cost and how long it took:]
  • [What surprised me or what I’d do differently:]
  • [Screenshot or photo to add, with private info blurred: the certificate folder]
  • [Result so far:]

What’s the difference between a resale and an exemption certificate? A resale certificate covers items bought to resell. An exemption certificate covers a buyer or use that the state says doesn’t owe tax.

Do I have to keep certificates from tax-exempt customers? Yes. They’re your proof for not charging tax.

What happens if I skip tax without a certificate? The state can treat the sale as taxable and bill you for the tax.

Is there one certificate for many states? The Streamlined Sales Tax form is accepted by its 24 member states, and the Multistate Tax Commission has a uniform resale form. Check that your state accepts them for your type of sale.

  • Question: Does every tax-free sale and every tax-free purchase have a valid certificate on file?
  • Pass looks like: Certificates collected before the sale. Every field complete. Stored by customer or supplier. Reviewed yearly. Resale items not used in the business without use tax.
  • Fail looks like: Exempt sales with no certificate. Blank or unsigned forms. Expired certificates. Resale purchases used as shop supplies.
  • Evidence to collect: A sample of exempt sales matched to certificates, the certificate folder, and resale certificates given to suppliers.

Where this fits

Do this first: 10.2.4 Local Taxes

Do this next: 10.2.7 Economic Nexus

Related pages: 10.2.2 Sales Tax, 10.2.3 Use Tax, 10.7.5 Invoices, 9.8.2 Record Retention Periods

Sources

This page explains general rules and Bill's own experience. It is not legal, tax, or insurance advice. Talk to a qualified professional about your situation.

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