The Delaware 373 form, also known as the Wholesale Exemption Certificate, is used to document exempt sales to out-of-state purchasers who pick up goods in Delaware. This form helps sellers substantiate that certain sales are exempt from the wholesale gross receipts tax. To fill out the form correctly, ensure all required information is provided, and signatures are obtained from authorized individuals.
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The Delaware 373 form, also known as the Wholesale Exemption Certificate, plays a crucial role in facilitating tax-exempt sales for out-of-state purchasers. This form is specifically designed for transactions where goods are picked up in Delaware for delivery and consumption outside the state. To qualify for this exemption, sellers must complete the form with detailed information, including their name, address, and employer identification number, as well as the purchaser's details. It is essential to specify whether the form is a single purchase certificate or a blanket certificate, which can cover multiple sales. The seller must also ensure that an authorized individual signs the form, confirming the accuracy of the provided information. The form outlines specific conditions that must be met, such as the requirement that the purchaser's employees and vehicles are not based in Delaware and that the goods will not be stored in the state prior to delivery. Vendors are responsible for maintaining records of all exemption certificates for three years, and failure to do so may result in tax liabilities. Understanding the nuances of the Delaware 373 form is vital for businesses looking to navigate the state's tax regulations effectively.
When filling out the Delaware 373 form, it is essential to follow certain guidelines to ensure accuracy and compliance. Here are four things you should and shouldn't do:
FORM 373
TAX YEAR
2009
STATE OF DELAWARE
DIVISION OF REVENUE
WHOLESALE EXEMPTION CERTIFICATE
Name of Seller
Check Applicable Box
Single Purchase Certificate
Address
Zip Code
Shipping Location
Invoice No.
Invoice Date
Date and State of Incorporation
Employer Identification Number
Blanket Certificate
THE UNDERSIGNED CERTIFIES THAT:
1.The purchaser’s employees and vehicles receiving the Goods within Delaware are not headquartered – or dispatched from within Delaware; and
2.No portion of the goods received will be inventoried, warehoused, or otherwise come to substantial rest within the State prior to ultimate delivery outside Delaware; and
3.The purchaser has no business facility or goods on consignment or warehoused within Delaware, if this is a blanket certificate.
Name of Purchaser
Name of Business
Under penalties or perjury, I declare that I have examined this Certificate, including accompanying schedules and statements, and to the best of my knowledge and belief it is true, correct and complete.
Date
Signature of Officer or Authorized Individual of the Purchaser
Title
Signature of Officer or Authorized Individual of the Seller
(REVISED 12/07/09)
INSTRUCTIONS FOR FORM 373 WHOLESALE EXEMPTION CERTIFICATE
Form 373 - Wholesale Exemption Certificate-is to be used to substantiate exempt sales to out of state purchasers which are picked up in Delaware. Sales made to out of state purchasers who pickup the goods in Delaware for subsequent delivery and consumption outside this state are exempt from the wholesale gross receipts tax.
Form 373 - Wholesale Exemption Certificate-must be completed to document such exempt sales and must be completed prior to or concurrent with the sale. Form 373 must be completed by the seller with all pertinent information and must contain the signature of an officer or authorized individual attesting to the accuracy of the information relating to the purchaser. A purchaser’s exemption certificate does NOT extend to any of its subordinate or affiliated entities or officers or employees of the purchaser. When making purchases, subordinate entities may NOT use an exemption claimed by a parent or affiliated organization.
Form 373 may be used to substantiate a single sale or multiple sales to the same wholesaler. Check the applicable box to indicate if Form 373 is a single purchase or blanket certificate.
Form 373 must contain the name, mailing address, shipping location, the state and date of incorporation and employer identification number of the seller. The seller must check the applicable box to indicate the type of exemption claimed, and in the case of a single purchase, the invoice number and date. An officer or authorized individual must sign and date Form 373 certifying that the statements relating to the seller contained on the form are accurate and correct.
Form 373 must contain the name, address, date and state of incorporation, federal employer identification number and nature of business of the purchaser. The purchase orders on which an exemption from the tax is claimed, by reason of this certificate, must contain the name and address of the destination if different from the purchaser’s address. An officer or authorized individual must sign and date Form 373 certifying that the statements relating to the purchaser contained on the form are accurate and correct.
Ablanket exemption certificate may be used to substantiate multiple exempt sales to the same out-of-state purchaser provided the seller maintains a duly executed exemption certificate dated within one year prior to the date of the sale for which exemption is claimed. Each subsequent sales slip or invoice to which the blanket certificate applies must contain a notation that an exemption is being claimed. Failure by the seller to maintain a list of valid exemption certificates and to note on each sales invoice that an exemption is being claimed will cause the sale to be taxable.
The Director of Revenue has the right to review exempt certificates to request information pertaining to the nature of the sale and organizational structure of the purchaser. Failure to submit the information can result in the revocation of the exemption. The tax records, invoices or accounting records of the wholesaler must be adequately maintained and accessible to Delaware Division of Revenue personnel to enable efficient matching to a true, correct and complete wholesaler exemption certificate(s) of all sales to which the seller takes an exemption from tax.
Failure by a wholesale licensee to pay tax in reliance on an untrue or incomplete exemption certificate furnished by a purchaser does not relieve the wholesaler of liability for the tax or for penalty or interest with regard to such tax.
Vendors must retain Form 373 for a period of three years from the end of the calendar year in which the sale occurs. Additional copies of Form 373 may be obtained from the Division of Revenue. This form may be reproduced without prior permission from the Division of Revenue.
Doc. No. 25-06-02-85-08-01 - DR-373
The Delaware 373 form is similar to the IRS Form W-9, which is used to request a taxpayer identification number and certification. Just like the Delaware 373, the W-9 requires the individual or entity to provide essential information, including their name, address, and taxpayer identification number. Both forms serve as a means for verifying the identity of the purchaser or seller in a transaction. The W-9 is often used by businesses to ensure compliance with tax reporting requirements, while the Delaware 373 specifically addresses tax exemptions for wholesale transactions. Each form necessitates a signature, confirming the accuracy of the information provided, which adds a layer of accountability for both parties involved.
In addition to the various exemption certificates, it's important to also consider the significance of the Texas Motor Vehicle Bill of Sale form, which serves as a crucial document that records the sale of a vehicle in the state of Texas. This form acts as concrete evidence of the transaction while detailing the terms to ensure both buyer and seller agree to the conditions. For further information on how to utilize this document effectively, you can refer to https://smarttemplates.net/fillable-texas-motor-vehicle-bill-of-sale/, which outlines the legalities surrounding the transfer of ownership.
Another document that shares similarities with the Delaware 373 is the Certificate of Exemption. This certificate is commonly used in various states to exempt certain sales from sales tax. Like the Delaware 373, a Certificate of Exemption must be completed by the purchaser and presented to the seller to validate the tax-exempt status of the transaction. Both documents require detailed information about the purchaser, including their business name and address. They also demand signatures from authorized individuals, ensuring that the exemption is legitimate and that the purchaser understands the responsibilities associated with claiming tax-exempt status.
The Uniform Sales and Use Tax Certificate is yet another document that parallels the Delaware 373 form. This certificate is accepted in multiple states, allowing buyers to make tax-exempt purchases across state lines. Similar to the Delaware 373, the Uniform Sales and Use Tax Certificate requires the purchaser to provide their identification details and the nature of the goods being purchased. Both documents are designed to streamline the process of claiming tax exemptions while ensuring compliance with state tax regulations. They serve as essential tools for businesses looking to minimize their tax liabilities legally.
The Resale Certificate is another document that resembles the Delaware 373. This certificate allows a buyer to purchase goods tax-free with the intention of reselling them. Like the Delaware 373, a Resale Certificate requires the buyer to provide specific information about their business and the nature of the goods being purchased. Both documents help sellers avoid collecting sales tax on items that will not be consumed but rather resold. The Resale Certificate also requires a signature from an authorized individual, ensuring that the buyer is aware of the legal implications of using the certificate for tax exemption.
Lastly, the Exempt Use Certificate is akin to the Delaware 373 form in that it certifies a buyer's eligibility for tax exemption based on how the purchased goods will be used. This document is often utilized for goods that will be used in manufacturing or other exempt activities. Similar to the Delaware 373, the Exempt Use Certificate requires detailed information about the purchaser and the intended use of the goods. Both forms aim to prevent tax collection on transactions that fall under specific exemptions, thereby supporting businesses in their operations while adhering to tax laws.
Incomplete Information: Failing to fill in all required fields, such as the seller's name, address, or employer identification number, can lead to delays or rejections.
Incorrect Exemption Type: Not checking the correct box for a single purchase or blanket certificate may result in improper processing of the form.
Missing Signatures: The absence of signatures from authorized individuals of both the purchaser and seller can invalidate the exemption claim.
Incorrect Invoice Details: Providing wrong invoice numbers or dates can create confusion and may lead to tax liability.
Failure to Maintain Records: Not keeping a copy of the completed Form 373 for at least three years can lead to issues during audits.
Misunderstanding Blanket Certificates: Using a blanket certificate without ensuring it is valid for the specific transaction may lead to tax complications.
Ignoring Shipping Location: Not accurately stating the shipping location can result in the form being deemed incomplete.
Neglecting to Verify Purchaser's Status: Not confirming that the purchaser qualifies for the exemption can lead to unexpected tax liabilities.
Not Updating Information: Failing to update the form if there are changes in business structure or contact information can cause issues.
Assuming Exemptions Extend to Affiliates: Believing that an exemption certificate applies to subordinate entities or employees can lead to incorrect claims.
The Delaware 373 form, known as the Wholesale Exemption Certificate, is essential for businesses that engage in exempt sales to out-of-state purchasers. When utilizing this form, several other documents may be necessary to ensure compliance with tax regulations and to substantiate the claims made on the form. Below is a list of additional forms and documents commonly associated with the Delaware 373 form, along with a brief description of each.
By understanding the various forms and documents associated with the Delaware 373 form, businesses can better navigate the complexities of tax exemptions and ensure compliance with state regulations. Proper documentation not only safeguards against potential audits but also facilitates smoother transactions for both sellers and purchasers.
After gathering the necessary information, the next step involves accurately completing the Delaware 373 form. This form is essential for documenting exempt sales to out-of-state purchasers who pick up goods in Delaware. Follow the steps below to ensure the form is filled out correctly.
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