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The Missouri 149 form, also known as the Sales and Use Tax Exemption Certificate, serves a crucial purpose for businesses engaging in transactions exempt from sales and use tax. It outlines various conditions under which goods or services can be purchased without the obligation of paying state sales tax, distinctively between full manufacturing exemptions and other specific categories such as resale or agricultural use. Interested parties are encouraged to understand the eligibility criteria and complete the form with accuracy to ensure compliance. For assistance in correctly filling out the Missouri 149 form, click the button below.

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The Missouri 149 form, officially titled the Sales and Use Tax Exemption Certificate, serves as a pivotal document for various entities seeking exemption from sales or use tax in Missouri. It demands sellers engage with due diligence to verify the eligibility of the property sold for exemption, emphasizing the certificate's genuine application. This form is versatile, accommodating a range of exemptions including full manufacturing exemptions, partial manufacturing exemptions, and specific cases like purchases for resale and utilities used in manufacturing. To streamline the process, it requires detailed information from both the purchaser and the seller, encompassing names, addresses, and Missouri Tax I.D. Numbers, alongside descriptions of the exempt purchases and the nature of the business claiming the exemption. Notably, it outlines specific conditions under which goods, such as manufacturing machinery, agricultural products, and items for resale, qualify for tax exemptions. Furthermore, the form makes provisions for claims related to energy and water consumption in manufacturing processes, delineating a significant emphasis on the direct and indirect inputs that contribute to the production line exempt from sales and use tax. With embedded checks such as the requirement for a Missouri Retail License for resale exemptions and specific instructions for claiming various exemptions, the form targets both comprehensive compliance and facilitation of tax exemption claims, stipulated under Section 144.030, RSMo, and other relevant statutes. Its completion and submission are critical steps for eligible entities looking to claim tax exemptions, underscored by the penalty of perjury for false statements, ensuring that all information provided must be accurate and truthful.

Preview - Missouri 149 Form

Form

149

Sales and Use Tax Exemption Certificate

 

Caution to seller: In order for the certificate to be accepted in good faith by the seller, the seller must exercise care that the

property being sold is exempt. When a purchaser is claiming an exemption for purchases of items that qualify for the full manufacturing exemption and other items that only qualify for the partial manufacturing exemption, the seller must make certain the correct amount

 

 

 

 

 

 

of tax is charged for each item purchased.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Name

 

 

Telephone Number

 

 

 

 

 

 

Missouri Tax I.D. Number

 

 

 

 

 

 

 

 

 

 

 

 

(___ ___ ___)___ ___ ___-___ ___ ___ ___

 

 

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Contact Person

 

 

Doing Business As Name (DBA)

 

 

 

 

 

 

 

 

 

 

Purchaser

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Address

 

 

City

 

 

 

 

State

 

 

 

 

ZIP Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Describe product or services purchased exempt from tax

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Type of business

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Name

 

 

Telephone Number

 

 

 

 

 

 

Contact Person

 

 

 

 

 

 

 

Seller

 

 

 

 

 

 

 

(___ ___ ___)___ ___ ___-___ ___ ___ ___

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Doing Business As Name (DBA)

 

 

 

Address

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City

 

 

State

ZIP Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Resale - Exclusion From

 

 

 

 

r Purchases of Tangible Personal Property for resale: RETAILERS STATE TAX ID NUMBER ______________________ HOME STATE ___________

 

Sales or Use Tax

 

(Missouri Retailers must have a Missouri Tax I.D. Number)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

r Purchases of Taxable Services for resale (see list of taxable services in instructions)

 

 

 

 

 

 

 

 

 

 

 

RETAILERS MISSOURI TAX I.D. NUMBER ___________________.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Resale certificate cannot be taken by seller in good faith unless the purchaser is registered in Missouri)

 

 

 

 

 

 

 

 

 

 

r Purchases by Manufacturer or Wholesaler for Wholesale: HOME STATE: ___________ (Missouri Tax I.D. Number may not be required)

 

 

r Purchases by Motor Vehicle Dealer: MISSOURI DEALER LICENSE NUMBEr ____________________________

 

 

 

 

 

 

 

 

 

(Only for items that will be used on vehicles being resold) (An Exemption Certificate for Tire and Lead-Acid Battery Fee (Form 149T) is

 

 

required for tire and battery fees)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Manufacturing

Full Exemptions

 

 

 

These apply to state and local sales and use tax.

 

 

 

 

 

 

 

 

 

 

 

r Ingredient or Component Part

 

 

 

 

r Plant Expansion

 

 

 

 

 

 

 

 

 

 

 

r Manufacturing Machinery, Equipment, and Parts

 

r Research and Development of Agricultural Biotechnology

 

 

r Material Recovery Processing

 

 

 

 

 

Products and Plant Genomics Products and Prescription

 

 

 

 

 

 

 

Pharmaceuticals

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Partial Exemptions

 

These only apply to state tax (4.225%) and local use tax, but not sales tax. The seller must collect and report local sales taxes

 

Manufacturing

 

 

 

 

imposed by political subdivisions.

 

 

 

 

 

 

 

 

 

 

 

r Research and Development

 

 

 

 

r Manufacturing Chemicals and Materials

 

 

 

 

 

 

r Machinery and Equipment Used or Consumed in Manufacturing

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

r Materials, Chemicals, Machinery, and Equipment Used or Consumed in Material Recovery Processing Plant

 

 

 

 

 

 

 

 

 

 

rUtilities or Energy and Water Used or Consumed in Manufacturing (Must complete below)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Purchaser’s Manufacturing Percentage _______________ %

Purchaser’s Square Footage ____________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Other

 

 

 

r Agricultural

r Common Carrier

r Locomotive Fuel

r Air and Water Pollution Control, Machinery, Equipment,

 

 

 

 

 

 

 

 

 

(Attach Form 5095)

 

 

 

Appliances and Devices

 

 

 

 

 

 

 

 

 

 

 

 

 

r Commercial Motor Vehicles or Trailers Greater than 54,000

r Other

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Pounds (Attach Form 5435)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Signature

 

 

 

Under penalties of perjury, I declare that the above information and any attached supplement is true, complete, and correct.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Signature (Purchaser or Purchaser’s Agent)

 

 

Title

 

 

 

 

 

 

 

 

Date (MM/DD/YYYY)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

__ __ /__ __ /__ __ __ __

 

If you have questions, please contact the Department of Revenue at:

Form 149 (Revised 11-2019)

 

Phone: (573) 751-2836

TTY: (800) 735-2966E-mail: salestaxexemptions@dor.mo.gov

Fax: (573) 522-1666

Visit http://www.dor.mo.gov/business/sales/sales-use-exemptions.php for additional information.

Sales or Use Tax

Manufacturing - Full Exemptions

Resale - Exclusion From

Manufacturing - Partial Exemptions

Other

Sales or Use Tax Exemption Certificate (Form 149) Instructions

Select the appropriate box for the type of exemption to be claimed and complete any additional information requested.

Purchases of Tangible Personal Property for resale: Retailers that are purchasing tangible personal property for resale purposes are exempt from sales or use tax.

The purchaser’s state tax ID number can be found on the Missouri Retail License or out of state registration for retail sales.

Purchases of Taxable Services for resale: Purchasers for resale must have a Missouri retail license in order to claim resale of taxable services in Missouri. A taxable service includes sales of restaurants, hotels, motels, places of amusement, recreation, entertainment, games and athletic events not at arms length, and sales of telecommunications and utilities (see Section 144.018, RSMo).

Purchases by Manufacturer or Wholesaler for Wholesale: A Missouri Tax I.D. Number is not required to claim this exclusion.

Purchaser’s Home State: Provide the state in which purchaser is located and registered.

Purchases by Motor Vehicle Dealer: A motor vehicle dealer who is purchasing items for the repair of a vehicle being resold is exempt from sales or use tax. The dealer’s license is issued by the Missouri Motor Vehicle Bureau or by the out of state registration authority that issues such licenses.

Check the appropriate box for the type of exemption to be claimed. All items selected in this section are exempt from state and local sales and use

tax under Section 144.030, RSMo.

Ingredient or Component Parts: This exemption includes materials, manufactured goods, machinery, and parts that become a part of the final product. To qualify, the product must ultimately be subject to sales or use tax, or its equivalent, in Missouri or other states.

Manufacturing Machinery, Equipment and Parts: This exemption includes only machinery and equipment and their parts that are used directly in manufacturing a product. To qualify, the product must ultimately be subject to sales or use tax, or its equivalent, in Missouri or other states.

Material Recovery Processing: This exemption includes machinery and equipment used to establish new or to replace existing material recovery processing plants. See Sections 144.030.2(5) and (32), RSMo, for a definition of, and exemptions for, material recovery processing.

Plant Expansion: This exemption includes machinery, equipment, and parts and the materials and supplies solely required for installing or constructing the machinery and equipment, used to establish new or to expand existing Missouri manufacturing, mining, or fabricating plants. To qualify, the machinery must be used directly in manufacturing, mining or fabricating a product that is ultimately subject to sales or use tax, or its equivalent, in Missouri or other states.

Research and Development of Agricultural Biotechnology Products and Plant Genomics Products and Prescription Pharmaceuticals: This exemption is specifically authorized in Section 144.030.2(34), RSMo, and exempts any tangible personal property used or consumed directly or exclusively in research and development of agricultural, biotechnology, and plant genomics products and prescription pharmaceuticals consumed by humans or animals.

Check the appropriate box for the type of exemption to be claimed according to Section 144.054, RSMo. All items in this section are exempt from state sales and use tax and local use tax, but are still subject to local sales tax. Section 144.054, RSMo, exempts electrical energy and gas (natural, artificial and propane), water, coal, energy sources, chemicals, machinery, equipment and materials used or consumed in manufacturing, processing, compounding, mining or producing any product. These same items are exempt if used or consumed in processing recovered materials. To qualify for this exemption, the item must be used or consumed and does not have the same requirement of direct use that is required in Section 144.030, RSMo. Additionally, the manufactured product is not required to be ultimately subject to tax.

Research and Development: Check this box if the exemption is for the research and development related to manufacturing, processing, compounding or producing a product.

Manufacturing Chemicals and Materials: Check this box if the exemption is for chemicals or materials used or consumed in manufacturing, processing, compounding or producing a product.

Machinery and Equipment Used or Consumed in Manufacturing: Check this box if the exemption is for machinery or equipment used or consumed in manufacturing, processing, compounding or producing a product.

Materials, Chemicals, Machinery, and Equipment Used or Consumed in Material Recovery Processing Plant: Check this box if the exemption is for material recovery processing.

Utilities or Energy and Water Used or Consumed in Manufacturing: If claiming utilities (electrical energy, gas or water), record account numbers, meter numbers, or other information as required by the vendor. All purchasers who are claiming an exemption for energy use must provide the amount of energy use which is related to manufacturing in the space provided and also select the method by which this percentage was obtained.

Agricultural: Farm machinery and equipment are exempt from tax if used exclusively for agricultural purposes, used on land owned or leased for the purpose of producing farm products, and used directly in the production of farm products to be ultimately sold at retail. The sale of grains to be converted into foodstuffs or seed, and limestone, fertilizer, and herbicides used in connection with the growth or production of crops, livestock or poultry is exempt from tax. The sale of livestock, animals or poultry used for breeding or feeding purposes, feed for livestock or poultry, feed additives, medications or vaccines administered to livestock or poultry in the production of food or fiber, and sales of pesticides and herbicides used in the production of aquaculture, livestock or poultry are exempt from tax. All sales of fencing materials used for agricultural purposes and the purchase of motor fuel are exempt from tax.

Common Carrier: Materials, replacement parts and equipment purchased for use directly upon, and for the repair and maintenance or manufacture of, motor vehicles, watercraft, railroad rolling stock or aircraft engaged as common carriers of persons or property. See Section 144.030.2(3), RSMo. Attach completed Form 5095.

Locomotive Fuel: Fuel purchased for use in a locomotive that is a common carrier is exempt from sales and use tax.

Air and Water Pollution Control Machinery, Equipment, Appliances and Devices: Machinery, equipment, appliances and devices purchased or leased and used solely for the purpose of preventing, abating or monitoring water and air pollution, and materials and supplies solely required for the installation, construction or reconstruction of such machinery, equipment, appliances and devices. See Sections 144.030.2(15) and (16), RSMo.

Commercial Motor Vehicles or Trailers Greater Than 54,000 Pounds: Motor vehicles registered for and capable of pulling in excess of 54,000

pounds and their trailers actually used in the normal course of business to haul property on the public highways of the state are exempt from tax. The purchase of materials, replacement parts, and equipment used directly on, for the repair of and maintenance or manufacture of these vehicles is also exempt. See Section 144.030.2(4), RSMo.

Other: Exemptions not listed on this sheet, but are provided by statute. Provide explanation of exemption being claimed. See Chapter 144 of the Missouri Revised Statutes for exemption http://www.moga.mo.gov/mostatutes/statutesAna.html#T10.

Form 149 (Revised 11-2019)

File Properties

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Fact Name Description
Form Purpose Form 149 is used for claiming sales and use tax exemptions on eligible purchases in Missouri.
Governing Law The exemptions are governed by specific sections within the Missouri Revised Statutes, primarily under Chapter 144.
Full Manufacturing Exemptions Includes exemptions on ingredient or component parts, manufacturing machinery, equipment and parts, and material recovery processing products, amongst others, applicable to state and local sales and use tax.
Partial Manufacturing Exemptions These exemptions apply only to the state tax and local use tax, excluding local sales tax, on items like manufacturing chemicals, machinery, and utilities used in manufacturing.
Exemption Categories Form 149 covers various categories including resale, manufacturing, agricultural, common carriers, and pollution control, with specific sections for full and partial manufacturing exemptions.
Caution to Sellers Sellers must exercise care to ensure the property sold is exempt and correctly charged if mixing between fully and partially exempt items.
Contact for Questions Questions regarding Form 149 can be directed to the Missouri Department of Revenue, with contact information provided in the form.

How to Fill Out Missouri 149

Filling out Missouri's Form 149, the Sales and Use Tax Exemption Certificate, is a straightforward process, but attention to detail is crucial. This form is essential for purchase transactions where sales and use tax should not be charged because of the nature of the purchase relative to the purchaser's business. Whether items are being purchased for resale, or are part of manufacturing, agriculture, or other exempt categories, filling out this form correctly ensures compliance and avoids unnecessary taxation. Follow the steps below to fill out your Form 149 correctly.

  1. Fill in the name, telephone number, and Missouri Tax I.D. Number of the purchaser: Provide the legal name of your business, a contact number, and your Missouri Tax Identification Number in the designated spaces.
  2. Enter the contact person's name and Doing Business As (DBA) name: If applicable, input the name of the person to contact regarding the form and any alternate business name your company uses.
  3. Provide the purchaser's address details: Include the full address of your business, including city, state, and ZIP code.
  4. Describe the products or services purchased exempt from tax: Give a clear description of the items or services being purchased and why they are exempt.
  5. Indicate the type of business: Specify what category your business falls into, such as manufacturing, wholesale, retail, etc.
  6. Fill in seller information: Provide the seller's name, telephone number, contact person, and address, including the DBA name if applicable.
  7. Select the appropriate exemption category: Check the specific box that corresponds to the reason for exemption, such as purchases for resale, manufacturing machinery, agricultural items, etc. You may need to provide additional details like the motor vehicle dealer license number or the purchaser’s home state.
  8. Provide specific details for selected exemptions: For certain categories like utilities or energy used in manufacturing, provide the required specifics, such as account numbers or the percentage of usage related to manufacturing.
  9. Sign and date the form: The purchaser or authorized agent must sign the form, indicating that the information provided is accurate and complete. Enter the title of the person signing and the date.

After completing Form 149, retain a copy for your records, and provide the original to the seller. This certificate allows the seller to exempt your purchase from sales tax, assuming all provided information is verified and correct. Remember, this form is subject to review by Missouri tax authorities, so accuracy is essential. Should questions arise, contact the Missouri Department of Revenue for guidance.

Understanding Missouri 149

What is the purpose of Missouri Form 149?

Missouri Form 149, known as the Sales and Use Tax Exemption Certificate, is utilized by qualifying individuals, businesses, or organizations to purchase items or services tax-free, provided these purchases are for purposes that align with Missouri's sales and use tax exemption guidelines. It covers a range of exemptions, such as purchases made for resale, manufacturing, agricultural, and various specified uses, allowing the purchaser to claim exemption from state and local sales and use taxes under specific conditions outlined by Missouri law.

Who is eligible to use Form 149?

Eligibility to use Form 149 is not universally granted. It is specifically reserved for entities such as retailers purchasing tangible personal property for resale, manufacturers and wholesalers for wholesale purchases, motor vehicle dealers for items used in resold vehicles, and several other categorized purchasers. Additionally, the form serves agricultural, research and development, and non-profit entities, among others, each subject to qualifying criteria set by Missouri's statutes.

How can a purchaser obtain a Missouri Tax I.D. Number for use on Form 149?

To obtain a Missouri Tax I.D. Number, which is a prerequisite for many types of exemptions claimed on Form 140, purchasers must register with the Missouri Department of Revenue. This registration process involves providing detailed information about the business or organization, including its nature, location, and ownership details. The registration can be completed online through the Missouri Department of Revenue's website or by submitting the necessary paperwork via mail or fax.

What are the consequences if Form 149 is incorrectly used?

Incorrect use of Form 149, such as claiming exemptions for which the purchaser is not eligible, could lead to a denial of the tax exemption claim and the possible imposition of taxes owed with penalties and interest. Sellers are advised to exercise care when accepting this certificate to ensure the sold property or service qualifies for the exemption. If the Missouri Department of Revenue determines a purchase was not eligible for exemption, it may pursue recovery of lost revenue from either the seller or the purchaser.

How often does Form 149 need to be renewed or updated?

Form 149 does not have a specific expiration, but it must reflect accurate and current information at the time of each use. Purchasers should ensure that all details, such as the Missouri Tax I.D. Number, type of business, and exemption claimed, are up to date and relevant to the specific transaction. It is the responsibility of both the buyer and seller to maintain compliance with any changes in tax law or status that might affect the validity of the exemption claimed.

Common mistakes

Filling out Form 149, the Sales and Use Tax Exemption Certificate for Missouri, requires careful attention to detail to ensure compliance with tax laws and regulations. Avoiding errors is crucial for businesses to legitimately claim tax exemptions. Here are six common mistakes to avoid when completing this form:

  1. Not updating the form regularly or when business details change, potentially leading to the use of outdated information, is a critical oversight. It's important to keep all business information, including addresses and contact details, current to reflect the business's current status accurately.

  2. Incorrectly identifying the type of exemption being claimed is another frequent mistake. Form 149 covers a range of exemptions, from manufacturing and agricultural exemptions to resale and other specific exemptions. Clearly understanding and selecting the appropriate exemption category is essential for the form to be processed correctly.

  3. Omitting the Missouri Tax I.D. Number or the out-of-state Retailer’s State Tax I.D. Number, when applicable, can invalidate an exemption claim. These numbers are vital for verifying the legitimacy of the business and its eligibility for the exemption claimed.

  4. Failing to provide a detailed description of the product or service purchased exempt from tax is a common oversight that can lead to the rejection of the exemption certificate. Specificity is key; vague descriptions fail to provide the necessary assurance to sellers that the exemption is valid.

  5. Overlooking the need to specify the Purchaser’s Manufacturing Percentage and Square Footage where required, particularly for exemptions related to manufacturing usage, is a mistake that can complicate verification of eligibility for certain exemptions centered around manufacturing processes.

  6. Not signing the form or omitting the date of signature compromises the validity of the entire document. The signature attests to the accuracy and completeness of the information provided, and its absence questions the document's integrity.

To ensure smooth processing and acceptance of Form 149, it's crucial to avoid these common mistakes. Paying close attention to the details and requirements laid out in the form instructions can prevent issues that may arise during tax exemption claims.

Documents used along the form

When utilizing the Missouri Form 149 for Sales and Use Tax Exemption Certificates, individuals or businesses may find it beneficial to be aware of and, at times, concurrently file other relevant forms and documents to ensure compliance with Missouri's tax laws and regulations effectively. These documents and forms often play a critical role in providing comprehensive documentation for various exemptions or tax-related processes.

  • Form 1746 - Missouri Sales or Use Tax Exemption Application: This form is utilized by businesses or non-profit organizations to apply for a Missouri Sales and Use Tax Exemption. It requires detailed information about the organization and the nature of its qualifying tax-exempt purchases.
  • Form 5095 - Project Exemption Certificate: Used primarily in construction projects, this certificate allows qualified entities, such as government agencies or entities holding a sales tax exemption certificate, to purchase tangible personal property or services related to a specific project tax-free.
  • Form 5435 - Statement of Non-Assessment: This document serves as proof from the County Assessor that no personal property tax is owed by the individual or business entity. It is often required when registering vehicles or renewing license plates by those claiming tax exemptions.
  • Form 126 - Registration or Exemption Change Request: Filed by businesses to update their registration information, apply for additional tax types, or request cancellation of their sales/use tax permit. This is particularly relevant when business operations change in a manner that affects their tax obligations or exemptions.

Each of these forms and documents complements the Form 149, either by offering a pathway to apply for an exemption, providing necessary proof of eligibility for exempt status, or assisting in maintaining correct and current registration information with the Missouri Department of Revenue. The correct and timely use of these forms is vital for any business or organization aiming to make tax-exempt purchases or validate their tax-exempt status in Missouri.

Similar forms

The Missouri 149 form, also known as the Sales and Use Tax Exemption Certificate, is integral to the process of documenting tax-exempt transactions. This form is particularly important for businesses engaged in purchasing or selling goods and services that may qualify for tax exemptions under specific conditions. Its structure and purpose closely align with various other documents used in different jurisdictions and scenarios to claim tax exemptions or exclusions. Among these, the Streamlined Sales and Use Tax Agreement Certificate of Exemption and the Resale Certificate for sales tax are notable for their similarities in application and requirements.

The Streamlined Sales and Use Tax Agreement Certificate of Exemption bears a resemblance to the Missouri 149 form in that it is used by purchasers to claim exemption from sales tax on purchases of goods that are intended for resale, or that qualify for a sales tax exemption under specific statutory provisions. Like the Missouri 149 form, this certificate requires the purchaser to provide detailed information about the nature of the exemption, identify the seller, and assert the purchaser’s eligibility for the exemption claimed. Both forms play a crucial role in ensuring that tax-exempt transactions are properly documented, thereby allowing sellers to exclude these transactions from their taxable sales with confidence.

Similarly, the Resale Certificate for sales tax, which is used by businesses purchasing goods for resale to avoid paying sales tax on such items, mirrors the function and intention behind the Missouri 149 form. This certificate must contain the purchaser's details, the type of business, and a declaration that the items purchased will be resold in the normal course of business. The critical aspect shared by the Resale Certificate and the Missouri 149 form is their role in the documentation process, which substantiates the legitimacy of the tax exemption claim. Both necessitate the seller to verify the purchaser’s eligibility for exemption and to maintain accurate records of exempt sales for tax reporting and audit purposes.

Dos and Don'ts

Filling out the Missouri 149 form, a Sales and Use Tax Exemption Certificate, requires attention to detail and awareness of regulations to ensure accuracy and compliance. Below are essential do's and don'ts to consider when completing this document.

Do:

  1. Review the form’s instructions carefully. Before filling out the form, thoroughly read the provided instructions to understand the various exemptions and the specific documentation required for each.
  2. Identify the correct type of exemption. Clearly indicate whether the purchase is for resale, manufacturing, agricultural, or another exemption category by checking the appropriate box and providing necessary details.
  3. Provide accurate and complete information. Ensure that all fields, including Missouri Tax I.D. Number, contact information, and details about the exempt items or services, are filled in accurately to prevent processing delays.
  4. Attach additional documentation if required. For certain categories, such as purchases by a motor vehicle dealer or for air and water pollution control, additional forms may need to be attached. Confirm and include any supplemental forms or information.
  5. Keep records for future reference. After completing and submitting the form, maintain a copy for your records to support the claimed exemptions during audits or inquiries.

Don't:

  1. Assume all purchases are exempt. Only specific items, as described in the form instructions, qualify for exemptions. Carefully verify the eligibility of each purchase before claiming an exemption.
  2. Omit the signature and date. The form is not valid without the authorized signature of the purchaser or the purchaser’s agent and the correct date. Ensure this section is completed to affirm the accuracy and truthfulness of the information provided.
  3. Leave gaps in the information provided. Missing or inaccurate information can result in the rejection of the exemption certificate. Fill out all required fields completely.
  4. Ignore the local sales tax implications. Remember that certain exemptions may apply only to state tax, not local sales tax. Clarify which taxes the exemptions cover and calculate accordingly.
  5. Fill out the form without understanding the exemptions. Misinterpretation of qualification criteria for exemptions can lead to incorrect claims. If in doubt, contacting the Department of Revenue for clarification before submission is advisable.

Misconceptions

Misconceptions about the Missouri 149 form can easily lead to confusion and potentially costly errors for businesses. Understanding these misconceptions is crucial for properly utilizing this document for sales and use tax exemption purposes.

  • Only manufacturers can use Form 149 for exemptions.
  • This is not true. While manufacturers may use Form 149 for specific exemptions related to production, the form is also applicable to various other entities and purposes, such as resellers, agricultural producers, motor vehicle dealers, and entities purchasing for research and development, among others.

  • Form 149 exempts all purchases from sales tax.

    A common mistake is thinking that Form 149 applies to all transactions. In reality, it only applies to those transactions that meet the criteria for exemptions outlined in the form, such as purchases for resale, certain manufacturing equipment, and specific agricultural items. Purchases not covered under these exemptions are not tax-exempt.

  • Any business can automatically use Form 149.
  • Eligibility to use Form 149 is conditional. For instance, retailers must have a valid Missouri Tax I.D. Number to claim a resale exemption. Moreover, the purpose of the purchase must align with the exemptions outlined in the form. Simply owning a business does not grant blanket permission to use Form 149 for tax-exempt purchases.

  • The seller has no responsibility once Form 149 is provided.
  • Sellers must exercise diligence when accepting Form 149. It’s their responsibility to confirm that the items being sold qualify for the exemption claimed on the form. Improper acceptance of this form can lead to tax liabilities and penalties for the seller.

  • Form 149 is only for tangible personal property.
  • While Form 149 is often used for purchases of tangible personal property, it's also applicable for certain services and other nuances of transactions that qualify for exemption, such as utilities consumed in manufacturing and certain taxable services for resale. The form’s applicability extends beyond just physical goods.

  • Form 149 applies to both state and local taxes for all exemptions.
  • This is incorrect. Some exemptions listed on Form 149, particularly under the partial exemptions section, apply only to state sales and use tax and local use tax, not local sales tax. It’s important to note the distinction to accurately apply exemptions and collect the correct amount of tax where applicable.

Correcting these misconceptions about Form 149 is essential for businesses to navigate Missouri's tax exemption laws effectively. Consulting the form instructions and, if necessary, seeking professional advice can help ensure compliance and maximize the benefits of tax-exempt purchases.

Key takeaways

Understanding the Missouri Form 149, which serves as a Sales and Use Tax Exemption Certificate, is crucial for businesses looking to navigate tax exemptions properly. Here are nine key takeaways to consider when filling out and using this form:

  • The Missouri Form 149 requires detailed information about the seller and purchaser, including names, addresses, and tax ID numbers, ensuring both parties are properly identified.
  • A purchaser must clearly describe the product or services purchased that are exempt from tax, which helps in avoiding any ambiguity regarding the tax exemption claim.
  • There are full exemptions and partial exemptions categories, including manufacturing exemptions, that require careful consideration to ensure proper tax treatment.
  • For tangible personal property or taxable services intended for resale, a retailer’s state or Missouri Tax I.D. Number must be provided, emphasizing the need for proper registration and documentation.
  • For items used in manufacturing, like machinery, equipment, or parts, it’s critical to indicate these clearly on the form to qualify for manufacturing exemptions.
  • Purchasers claiming utilities or energy used in manufacturing must provide specific usage percentages and square footage, highlighting the importance of accurate and detailed information.
  • There are specific exemptions for agricultural purposes, locomotive fuel, and air and water pollution control, among others, each requiring specific documentation or additional forms.
  • The signature of the purchaser or the purchaser’s agent and the date of signing are mandatory, certifying the accuracy of the information provided under penalties of perjury.
  • Contact information for the Department of Revenue is provided for any questions, signaling the availability of assistance should it be necessary.

It’s vital for both sellers and purchasers to understand these requirements to ensure that tax exemptions are applied correctly and in compliance with Missouri tax laws. Double-checking the filled-out form against these key takeaways can help in avoiding common mistakes and ensuring a smoother process.

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