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Fill a Valid New York Hotel Tax Exempt Template

The New York Hotel Tax Exempt form, officially known as Form ST-129, is a document that allows government employees from the United States, New York State, or its political subdivisions to be exempt from state and local sales taxes on hotel or motel rooms. This exemption applies when the accommodation charges are paid for by the government entity and the travel is for official government business. Designed to simplify tax exemption claims, this form must be correctly filled out and provided to the hotel or motel operator either upon check-in or checkout, accompanied by appropriate identification.

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In the bustling state of New York, government employees on official business have the benefit of being exempt from state and local sales tax on hotel or motel stays, thanks to the ST-129 New York State and Local Sales and Use Tax Exemption Certificate. Tailored explicitly for employees of the United States, New York State, or its political subdivisions, this document ensures that stays are not only compliant with regulatory tax exemptions but are also correctly documented to maintain accountability. By presenting this form at the time of check-in or checkout, government representatives can substantiate their exemption from the tax traditionally incurred during hotel or motel stays, including the $1.50 hotel unit fee in specific locales like New York City. The process mandates the accurate completion of the form, alongside proper identification, to ensure transparency and legality in availing of this exemption. Eligibility extends to a broad section of governmental entities, from state agencies and public corporations to the vast array of federal instrumentalities, underscoring the inclusion of a diverse government workforce. However, it is articulated within the form's instructions that this privilege is tightly regulated, emphasizing accurate documentation and timely presentation to the accommodation provider, who, in turn, is required to retain these certificates for a specified period. This meticulous approach underscores a system designed to facilitate accountability and efficiency in the use of public funds while simultaneously ensuring that those on official duties are supported in their roles.

Example - New York Hotel Tax Exempt Form

Department of Taxation and Finance

ST-129

New York State and Local Sales and Use Tax

Exemption Certificate

(2/18)

 

Tax on occupancy of hotel or motel rooms

This form may only be used by government employees of the United States, New York State, or political subdivisions of New York State.

Name of hotel or motel

 

Dates of occupancy

 

 

 

 

 

 

 

From:

 

 

 

To:

 

Address (number and street)

City

 

State

ZIP code

 

 

Country

 

 

 

 

 

 

 

 

 

Certification: I certify that I am an employee of the department, agency, or instrumentality of New York State, the United States government, or the political subdivision of New York State indicated below; that the charges for the occupancy of the above business on the dates listed have been or will be paid for by that governmental entity; and that these charges are incurred in the performance of my official duties as an employee of that governmental entity. I certify that the above statements are true, complete, and correct, and that no material information has been omitted. I make these statements and issue this exemption certificate with the knowledge that this document provides evidence that state and local sales or use taxes do not apply to a transaction or transactions for which I tendered this document, and that willfully issuing this document with the intent to evade any such tax may constitute a felony or other crime under New York State Law, punishable by a substantial fine and a possible jail sentence. I understand that the vendor is a trustee for, and on account of, New York State and any locality with respect to any state or local sales or use tax the vendor is required to collect from me; that the vendor is required to collect such taxes from me unless I properly furnish this certificate to the vendor; and that the vendor must retain this certificate and make it available to the Tax Department upon request. I also understand that the Tax Department is authorized to investigate the validity of tax exemptions claimed and the accuracy of any information entered on this document.

Governmental entity (federal, state, or local)

Agency, department, or division

Employee name (print or type)

Employee title

Employee signature

Date prepared

Instructions

Who may use this certificate

If you are an employee of an entity of New York State or the United States government and you are on official New York State or federal government business and staying in a hotel or motel, you may use this form to certify the exemption from paying state-administered New York State and local sales taxes (including the $1.50 hotel unit fee in New York City).

New York State governmental entities include any of its agencies, instrumentalities, public corporations, or political subdivisions.

Agencies and instrumentalities include any authority, commission, or independent board created by an act of the New York State Legislature for a public purpose. Examples include:

New York State Department of Taxation and Finance

New York State Department of Education

Public corporations include municipal, district, or public benefit corporations chartered by the New York State Legislature for a public purpose or in accordance with an agreement or compact with another state. Examples include:

Empire State Development Corporation

New York State Canal Corporation

Industrial Development Agencies and Authorities

Political subdivisions include counties, cities, towns, villages, and school districts.

The United States of America and its agencies and instrumentalities are also exempt from paying New York State sales tax. Examples include:

United States Department of State

Internal Revenue Service

Other states of the United States and their agencies and political subdivisions do not qualify for sales tax exemption. Examples include:

the city of Boston

the state of Vermont

To the government representative or employee renting the room

Complete all information requested on the form. Give the completed Form ST-129 to the operator of the hotel or motel upon check in or when you are checking out. You must also provide the operator with proper identification. Sign and date the exemption certificate. You may pay your bill with cash, a personal check or credit/debit card, or a government-issued voucher or credit card.

Note: If you stay at more than one location while on official business, you must complete an exemption certificate for each location. If you are in a group traveling on official business, each person must complete a separate exemption certificate and give it to the hotel or motel operator.

To the hotel or motel operator

Keep the completed Form ST-129 as evidence of exempt occupancy by New York State and federal government employees who are on official business and staying at your place of business. The certificate should be presented to you when the occupant checks in or upon checkout. The certificate must be presented no later than 90 days after the last day of the first period of occupancy. If you accept this certificate after

90 days, you have the burden of proving the occupancy was exempt. You must keep this certificate for at least three years after the later of:

the due date of the last sales tax return to which this exemption certificate applies; or

the date when you filed the return.

This exemption certificate is valid if the government employee is paying with one of the following:

cash

personal check or credit/debit card

government-issued voucher or credit card

Do not accept this certificate unless the employee presenting it shows appropriate and satisfactory identification.

Note: New York State and the United States government are not subject to locally imposed and administered hotel occupancy taxes, also known as local bed taxes.

Substantial penalties will result from misuse of this certificate.

Document Attributes

Fact Detail
Eligible Users Government employees of the United States, New York State, or political subdivisions of New York State.
Purpose Exemption from state-administered New York State and local sales taxes on hotel or motel rooms.
Form Number ST-129
Issued by New York State Department of Taxation and Finance.
Valid Payment Methods Cash, personal check or credit/debit card, or government-issued voucher or credit card.
Exemption Includes The $1.50 hotel unit fee in New York City.
Non-Qualifying Entities Other states of the United States and their agencies and political subdivisions.
Verification Required Hotel or motel operators must verify the exemption certificate with proper identification.
Certificate Validity If presented within 90 days after the last day of the first period of occupancy.
Record Keeping Operators must keep the certificate for at least three years after the tax return due date or filing date.
Governing Law New York State Tax Law.

Guide to Using New York Hotel Tax Exempt

Successfully utilizing the New York Hotel Tax Exempt form requires a keen attention to detail. It's important for government employees on official duty to accurately complete this form to ensure exemption from state-administered New York State and local sales taxes during hotel or motel stays. The procedure is straightforward and designed to make the exemption request as seamless as possible. Here are the steps to accurately fill out the form and submit it to the hotel or motel operator, along with necessary identification.

  1. Enter the Name of the Hotel or Motel: Start by writing the name of the hotel or motel where you will be staying.
  2. Fill in the Dates of Occupancy: Specify the start and end dates of your stay, ensuring these dates are within the period of your official duties.
  3. Provide the Address of the Hotel or Motel: Include the complete address, including the number and street, city, state, ZIP code, and country.
  4. Identify the Governmental Entity: State whether you are an employee of the United States, New York State, or a political subdivision of New York State.
  5. Specify the Agency, Department, or Division: Write the name of the federal, state, or local agency, department, or division by which you are employed.
  6. Print Your Name: Clearly print or type your full name.
  7. Enter Your Employee Title: Indicate your job title within the governmental entity.
  8. Sign and Date the Certificate: Affix your signature to certify that all the information provided is accurate and that the stay is for official government business. Note the date prepared.

After filling out the form, present it to the hotel or motel operator either at the time of check-in or upon checking out. Remember to also show proper identification. If your official business requires stays at multiple locations, a separate exemption certificate must be completed for each location. For those traveling in groups on official business, each person must submit their own completed exemption certificate. This process helps ensure that all eligible government employees can benefit from the tax exemption while strictly adhering to the guidelines set forth by the Department of Taxation and Finance.

Get Answers on New York Hotel Tax Exempt

  1. Who is eligible to use the New York Hotel Tax Exempt form?
    Employees of the United States, New York State, or political subdivisions of New York State on official business are eligible. This includes a range of entities such as departments, agencies, public corporations, and political subdivisions like counties, cities, towns, villages, and school districts.

  2. How do I present the exemption form to the hotel or motel operator?
    The form should be completed with all the requested information and presented to the operator upon check-in or checkout. Alongside the form, proper identification must also be provided.

  3. What types of payments are acceptable when using the ST-129 Exemption Certificate?
    Payments can be made using cash, a personal check, credit/debit cards, or a government-issued voucher or credit card.

  4. Can this form be used for stays in hotels or motels outside of New York State?
    No, this form is specifically designed for exemptions from state and local sales taxes on hotel or motel occupancies within New York State only.

  5. If I am traveling as part of a group on official business, how should we proceed with the form?
    Each member of the group traveling on official business is required to complete a separate exemption certificate and present it to the hotel or motel operator.

  6. What happens if the exemption form is submitted after 90 days from the last day of occupancy?
    If the certificate is accepted after 90 days, the burden of proving the tax-exempt occupancy falls on the hotel or motel operator. Therefore, it’s important to submit the form within the allotted time frame.

  7. How long must hotel or motel operators retain the completed exemption certificates?
    Operators are required to keep the certificates for at least three years after the later of the due date of the last sales tax return to which the certificate applies, or the date the return was filed.

  8. Are governmental entities of other states eligible for the New York hotel tax exemption?
    No, only agencies and instrumentalities of New York State, the United States government, and political subdivisions of New York State are eligible. Governmental entities of other states do not qualify.

  9. What are the consequences of misusing the ST-129 Exemption Certificate?
    Misuse of this certificate can lead to substantial penalties, including fines and potential jail sentences, as it is intended only for those on official government business and eligible for tax exemptions.

  10. Are New York State and the United States government subject to local hotel occupancy taxes?
    No, these government entities are exempt from locally imposed and administered hotel occupancy taxes, also known as local bed taxes.

Common mistakes

Filling out the New York Hotel Tax Exempt form correctly is crucial for government employees who wish to claim exemption from state-administered New York State and local sales taxes on hotel stays. Despite the form's straightforward nature, there are common mistakes made that can lead to the rejection of the exemption claim. Being aware of these mistakes can save time and ensure compliance with the state's tax laws.

The first mistake often encountered is the incomplete filling of the form. Every section of the form requires attention, from the name and address of the hotel or motel to the specific dates of occupancy. Leaving any section blank may render the form invalid. The form mandates that the applicant provide comprehensive information, including the name of the governmental entity responsible for the payment and the details of the employee staying at the hotel.

Another common error is the failure to provide proper identification upon presenting the form. Although the form specifies that proper identification must be shown to the hotel or motel operator along with the exemption certificate, some government employees overlook this step. Identification is crucial for verifying the eligibility of the exemption claim, ensuring it's only used by authorized personnel.

A further mistake relates to the way payment is handled. The tax exemption is only valid if the hotel room charges are paid for directly by the governmental entity or through specific means outlined in the form, such as a government-issued voucher or credit card. When employees pay with personal funds, such as cash or a personal credit/debit card, and seek reimbursement later, it complicates the exemption process and can lead to the exemption being denied.

Lastly, the timeliness of presenting the exemption certificate to the hotel or motel operator is crucial. A significant mistake is delaying the presentation of the form until check-out or after the initial 90-day period has passed. The form explicitly states that it should be presented upon check-in or by the time of check-out, and delays can shift the burden of proving the occupancy was exempt to the hotel or motel operator, making it harder to secure the exemption.

By understanding and avoiding these common mistakes, government employees can efficiently utilize the New York Hotel Tax Exempt form to claim tax exemptions, fostering a smoother lodging experience during official business travels.

Documents used along the form

When dealing with government-related travel accommodations in New York, several accompanying documents are often used alongside the New York Hotel Tax Exempt form (ST-129). These forms and documents ensure compliance with tax exemption statuses and provide necessary information for both the lodging entity and the governmental body involved in the travel.

  1. Government Issued Identification: Proof of government employment, typically a photo ID issued by the respective government agency, verifying the individual's identity and eligibility for the tax exemption.
  2. Official Travel Orders: Document that authorizes the travel, outlining the purpose and duration, and often indicating that expenses will be covered by the government entity.
  3. Receipts for Lodging Expenses: Detailed receipts provided by the hotel or motel, indicating the dates of stay, rates charged, and any other applicable fees which are necessary for reimbursement purposes.
  4. Travel Reimbursement Form: Used by government employees to submit their lodging expenses for reimbursement, listing all expenses incurred during official travel.
  5. Credit Card Authorization Form: If the government entity is paying for the lodging directly, this form authorizes the hotel or motel to charge the government-issued credit card.
  6. Direct Bill Account Setup Form: Establishes a billing account for a government department or agency, allowing for direct billing of accommodation charges.
  7. Exemption and Resale Certificate for Sales Tax (ST-120): Required when goods and services are purchased for resale or when purchases are made that qualify for sales tax exemption.
  8. M&IE (Meals and Incidental Expenses) Breakdown: This document specifies allowable limits for meals and incidental expenses during travel, guiding the reimbursement process.
  9. Government Travel Policy Guidelines: Provides comprehensive information on travel policies, procedures, and entitlements for government employees.
  10. Rate Agreement Form: Agreement between the government entity and the lodging provider, often securing a special, pre-negotiated rate for government travelers.

These documents play a critical role in the tax exemption process, ensuring that all parties adhere to New York State's legal and financial requirements. By fully understanding and properly utilizing these forms, government employees and lodging providers can streamline the administration of tax-exempt travel accommodations.

Similar forms

The United States Government Certificate of Exemption is notably similar to the New York Hotel Tax Exempt form in its function and purpose. Both documents serve as official certifications that exempt eligible government employees from state or federal taxes, specifically focusing on hotel or motel room occupancy charges. They are used to declare that the charges incurred are direct expenses of the government entity, hence not subject to taxation. Each certificate requires the employee to provide detailed information about their stay and official capacity, ensuring compliance with tax exemption regulations.

The Certificate of Tax Exemption for Government Employees, much like the New York Hotel Tax Exempt form, is designed specifically for government employees to claim exemption from sales or use taxes. This document, applicable in various jurisdictions, is similarly structured to require detailed information about the government entity and the employee. It emphasizes the need for the charges to be official expenses and typically includes a section for certification that the facts stated are accurate and truthful, mirroring the certification process in the New York exemption form.

The State Employee Hotel Occupancy Tax Exemption Certificate shares the foundational goal of exempting state employees from hotel taxes during their official travel. Like the New York Hotel Tax Exempt form, it applies to state employees and requires similar information, such as dates of stay, hotel details, and employee identification. Both forms assert that the lodging expenses are for official government business, thus exempting them from certain taxes and fees associated with hotel stays.

The Local Sales and Use Tax Exemption Certificate is constructed to exempt authorized individuals or entities from local sales and use taxes on specific purchases or transactions. While broader in application compared to the New York Hotel Tax Exempt form, which specifically targets hotel occupancy taxes, both forms function under the principle that certain transactions made by or for governmental entities are not taxable. Both necessitate detailed information to prove the eligibility for tax exemption.

The Government Purchase Order Exemption Certificate is another related document, although it primarily focuses on purchases made directly by government agencies rather than employee-incurred expenses. Similar to the New York Hotel Tax Exempt form, this document establishes a tax exemption status for transactions made for official government purposes. It requires the government entity to certify that the purchase is authorized and necessary, reflecting the certification of exemption in hotel taxes for government travel.

The Diplomatic Tax Exemption Card issued by the Department of State serves a slightly different yet related purpose. It provides tax exemption for eligible foreign diplomats and officials from sales, meal, lodging, and other taxes in the United States. Although catering to an international audience, the principle mirrors that of the New York Hotel Tax Exempt form—exempting certain individuals from taxes due to their official status. Both require verification of identity and official purpose to ensure the exemption is rightfully claimed.

The Nonprofit Organization Tax Exemption Certificate, while specifically tailored for nonprofit organizations, shares the overarching theme of tax exemption with the New York Hotel Tax Exempt form. Both documents facilitate the exemption of eligible entities or individuals from certain taxes on the grounds of official business or purpose. The requirement for detailed justification of the exemption, alongside validation of the claimant's status, underscores both forms' roles in tax regulation and compliance.

Dos and Don'ts

When filling out the New York State Hotel Tax Exempt form, it's crucial to adhere to specific guidelines to ensure the process is completed correctly and efficiently. This form is designated for government employees who are seeking exemption from state-administered NewYork State and local sales taxes during their hotel or motel stay on official business. Below is a comprehensive list of dos and don'ts to consider:

  • Do ensure that you are eligible to use the form. It is explicitly for employees of the United States, New York State, or political subdivisions of New York State on official business.
  • Do completely fill out all requested information on the form accurately to avoid any processing delays or denial of the tax exemption.
  • Do provide proper identification along with the completed form to the hotel or motel operator when checking in or checking out.
  • Do sign and date the exemption certificate to validate it. An unsigned form may be deemed invalid.
  • Do prepare a separate exemption certificate for each hotel or motel location if you are staying at multiple locations on official business.
  • Don't use this form if you are a government employee outside of the specific entities mentioned, such as agencies or political subdivisions of other states or countries.
  • Don't forget to present the completed form to the hotel or motel operator within 90 days after the last day of your stay to ensure the exemption is processed correctly.
  • Don't fill out the form if the hotel or motel charges are not being paid for directly by your government entity. This form is only valid if the government entity is covering the costs.
  • Don't assume the form will be automatically accepted without presenting appropriate and satisfactory identification alongside it.

Adhering to these guidelines will facilitate a smoother process in obtaining a tax exemption for hotel or motel stays while conducting official government business in New York State. Carefully reviewing and following the instructions outlined on the New York State Hotel Tax Exempt form is essential for compliance and to ensure the benefit is correctly applied.

Misconceptions

Understanding the New York Hotel Tax Exempt form can be challenging, with several nuances often misunderstood. Here are five common misconceptions about the use and application of this form:

  • Only federal employees qualify for exemption. Contrary to this belief, the exemption isn't limited to federal government employees. Employees of New York State, its political subdivisions, and the United States government, including agencies and instrumentalities, can use this form to claim exemption from state and local sales and use taxes on hotel or motel rooms if the stay is for official business.
  • Any government employee from any state can use the form. This is incorrect. The exemption specifically applies to employees of the United States government, New York State, or its political subdivisions. Employees of other states or their political subdivisions do not qualify for this tax exemption when staying in New York.
  • The form allows exemption from all taxes associated with hotel stays. While the ST-129 form exempts eligible government employees from state and local sales and use taxes, it does not exempt them from locally imposed lodging or bed taxes. Understanding the scope of this exemption is essential to avoid unexpected charges.
  • The form can be submitted at any time during the stay. For the exemption to be valid, the form must be presented at the time of check-in or upon checkout but no later than 90 days after the last day of occupancy. Prompt submission ensures compliance and easier processing by the hotel or motel operator.
  • Payment method affects exemption eligibility. Some believe that to qualify for the tax exemption, the stay must be directly billed to and paid for by the government entity. However, the form is valid if the stay is paid for with cash, personal check, credit/debit card, or a government-issued voucher or credit card, provided the stay is for official government business, and the proper identification and documentation are presented.

These clarifications help ensure that eligible government employees can correctly claim their exemption while complying with New York State regulations, and hotel operators properly apply the tax-exempt status to qualifying stays.

Key takeaways

Understanding the nuances of the New York Hotel Tax Exempt form is crucial for government employees who are looking to claim exemption from state-administered New York State and local sales taxes during their hotel or motel stays. Here are key takeaways to consider:

  • Eligibility: This form is exclusively available for use by employees of the United States, New York State, or political subdivisions of New York State who are on official business.
  • Purpose of Stay: Charges for hotel or motel occupancy must be paid by the governmental entity for the purpose of official duties to qualify for tax exemption.
  • Required Information: Among other details, the form requires the name and address of the hotel or motel, dates of occupancy, and identification of the government entity paying for the stay.
  • Certification: By signing the form, the employee certifies that all provided information is true and acknowledges the legal consequences of issuing the document with the intent to evade tax.
  • Instructions for Employees: Government representatives are required to fill out the form accurately, provide proper identification, and present the form to the hotel or motel operator upon check-in or check-out.
  • Payment Methods: The bill for the stay may be settled using cash, personal or government-issued checks, credit/debit cards, or a government-issued voucher or credit card.
  • Multiplicity of Stays: A separate exemption certificate is necessary for each hotel or motel location during official business travel. If traveling in a group, each member must complete an individual form.
  • Hotel or Motel Operator Responsibilities: Operators must retain the completed form as evidence of tax-exempt occupancy, ensure it is presented within 90 days of the last occupancy day, and maintain the records for at least three years.
  • Penalties: Improper use of the exemption certificate can result in substantial penalties, underscoring the importance of compliance.

It is essential for all government employees and hotel or motel operators to familiarize themselves with the specifics of the New York Hotel Tax Exempt form to ensure a smooth and compliant transaction, avoiding any legal complications that could arise from misuse.

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