The Colorado DR 1191 form is a document used to claim a sales tax exemption on purchases of machinery and machine tools in Colorado. This exemption applies when the equipment is used in manufacturing tangible personal property for sale or profit. Understanding the requirements and processes associated with this form can help businesses save on costs related to machinery purchases.
The Colorado DR 1191 form serves as a crucial tool for businesses looking to benefit from sales tax exemptions on machinery and machine tools used in manufacturing. This form is essential for both sellers and purchasers, as it outlines the necessary information to qualify for the exemption. Key details include the seller and purchaser's Colorado Sales Tax Account Numbers, the date and amount of purchase, and a description of the items being purchased. Notably, the exemption applies to machinery that is predominantly used in Colorado for manufacturing tangible personal property for sale or profit. Additionally, if the machinery is utilized exclusively within designated enterprise zones, further exemptions may apply, expanding the benefits for businesses operating in these areas. The form also highlights the importance of keeping accurate records and provides guidance on local tax considerations, ensuring that businesses can navigate the complexities of sales tax regulations effectively. By properly completing and submitting the DR 1191 form, businesses can reduce their tax liabilities while contributing to the state's economic growth.
DR 1191 (12/02)
COLORADO DEPARTMENT OF REVENUE
TAXPAYER SERVICE
1375 SHERMAN ST. DENVER, CO 80261 (303) 238-SERV (7378)
SALES TAX EXEMPTION ON
PURCHASES OF MACHINERY AND MACHINE TOOLS
Seller
Colorado Sales Tax Account
Number
Address
City
State
ZIP
Purchaser
Date of Purchase
Amount of Purchase
Is Equipment
Leased
Purchased
Description of Item(s) Including Machine Parts
How Used in Manufacturing
End Product
How Sold
Wholesale
Retail
New
Used
THIS SECTION IS FOR BUSINESSES LOCATED IN ENTERPRISE ZONES
(SEE INSTRUCTIONS ON REVERSE SIDE)
Amount of Purchase for Machinery, Machine Tools and Parts
Materials used in the construction of machinery and machine tools (after 06/07/89)
I hereby certify that __________________________________________________________________ is
(Name of Purchasing Firm or Person)
entitled to the exemption on purchases of machinery or machine tools.
By (Authorized Signature of Purchasing Firm)
Title
DR 1191 INSTRUCTIONS
GENERAL INFORMATION
Purchases of machinery or machine tools and parts thereof are exempt from state sales and use tax when the machinery will be used in manufacturing. [C.R.S. 39-26-114(11)].
To qualify the machinery must:
•Be used in Colorado,
•Be used directly and predominantly to manufacture tangible personal property for sale or profit.
•Be of a nature that would have qualified for the federal investment tax credit under the definition of section 38 property found in the Internal Revenue Code of 1954, as amended. This includes tangible personal property with a useful life of one year or more and limits qualifying purchases of used equipment to a maximum of $150,000 annually,
•Be included on a purchase order or invoice totaling more than $500,
•Be capitalized.
ENTERPRISE ZONES
The manufacturing exemption is expanded to exempt additional purchases from sales and use tax when machinery is used solely and exclusively in an enterprise zone. Equipment that is used both within and outside an enterprise zone only qualifies for the regular statewide exemption, as is equipment used at a location prior to that location’s designation as an enterprise zone. [C.R.S. 39-30-106(1)]
•Machinery used solely and exclusively in a designated enterprise zone may be capitalized or expensed to qualify for the exemption.
•Materials for construction or repair of machinery or machine tools are exempt from the state sales and use tax if the machinery is used exclusively in an enterprise zone.
•Mining operations are included in the definition of manufacturing when performed in an enterprise zone. For further information, see FYI Sales 69, “Enterprise Zone Exemption for Machinery and Machine Tools Used in Mining.”
LOCAL TAXES
Cities, counties and special districts may or may not exempt manufacturing equipment from local sales taxes. Refer to publication DRP1002 for a list of localities that exempt this equipment from local tax. Special districts that impose sales tax on manufacturing equipment cannot impose use tax on the equipment.
CLAIMING THE EXEMPTION
Complete Form DR 1191 Sales Tax Exemption on Purchases of Machinery and Machine Tools. Give one copy of the completed form to the seller of the machinery and a second copy to the Department of Revenue. The purchaser must also keep a copy. An exemption cannot be claimed for sales tax paid in another state which is credited against Colorado sales or use tax. NOTE: Acceptance of this certificate by the seller removes any sales tax liability from the seller and the purchaser is liable for any subsequent sales or use tax liability for the purchase.
For further information regarding the manufacturing exemption, see FYI Sales 10 available on our Website at WWW.TAXCOLORADO.COM, or call (303) 238-SERV (7378).
The Colorado DR 1191 form is essential for businesses seeking a sales tax exemption on machinery and machine tools used in manufacturing. Alongside this form, several other documents may be required to ensure compliance with state regulations and to facilitate the exemption process. Below is a list of these documents, each accompanied by a brief description.
These forms and documents work in conjunction with the Colorado DR 1191 form to help businesses navigate the complexities of sales tax exemptions. Understanding each document's purpose is crucial for compliance and for maximizing potential tax savings.
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Filling out the Colorado DR 1191 form is a straightforward process that allows businesses to claim a sales tax exemption on machinery and machine tools. After completing the form, you will need to provide copies to both the seller and the Colorado Department of Revenue. It’s essential to keep a copy for your records as well.
Once the form is completed, provide one copy to the seller and send another copy to the Department of Revenue. Keep your copy for your records. Make sure to review the instructions carefully to ensure compliance with all requirements.
The Colorado DR 1191 form is similar to the IRS Form 8862, which is used to claim the Earned Income Tax Credit (EITC) after a disallowance. Both forms require detailed information about the taxpayer and the specific circumstances surrounding the claim. They are designed to establish eligibility for tax exemptions or credits. Just as the DR 1191 certifies that machinery purchases qualify for a sales tax exemption, Form 8862 certifies that the taxpayer is eligible to claim the EITC again after a previous denial. Both forms aim to ensure compliance with state or federal tax laws while providing necessary documentation to support the claims made by the taxpayer.
Another document similar to the DR 1191 is the Form ST-5, the Massachusetts Sales Tax Exempt Certificate. This form allows purchasers to claim an exemption from sales tax for certain purchases, similar to how the DR 1191 applies to machinery and machine tools in Colorado. Both forms require the purchaser to provide identifying information and details about the items being purchased. They serve to protect sellers from tax liability by ensuring that the buyer qualifies for the exemption. In both cases, the forms must be completed accurately to avoid issues with tax compliance.
The DR 1191 also shares similarities with the New York State Form ST-121, Exempt Use Certificate. This document is used by buyers to claim an exemption from sales tax for items that will be used in manufacturing or other exempt activities. Like the DR 1191, it requires a description of the items and how they will be used. Both forms aim to facilitate the process of claiming tax exemptions while ensuring that the criteria for such exemptions are met. The completion and submission of these forms help maintain compliance with state tax regulations.
Form ST-3, the New Jersey Sales Tax Exempt Certificate, is another document comparable to the DR 1191. This form is utilized by businesses to purchase goods without paying sales tax when those goods are intended for resale or are otherwise exempt. Both forms require the buyer to provide their tax identification number and details about the items being purchased. They serve the same purpose of ensuring that eligible purchases are exempt from sales tax, thereby promoting compliance with tax laws while minimizing the burden on qualifying businesses.
The DR 1191 form is also akin to the Pennsylvania Exempt Use Certificate (Form REV-1220). This document allows for the exemption of sales tax on purchases made for specific exempt purposes, including manufacturing. Both forms require the purchaser to affirm their eligibility for the exemption and provide relevant details about the purchase. They are essential for businesses to ensure that they do not incur unnecessary tax liabilities on qualifying purchases, thus facilitating smoother transactions in compliance with state tax requirements.
Similar to the DR 1191 is the Texas Sales and Use Tax Resale Certificate (Form 01-339). This form allows businesses to purchase items tax-free when those items are intended for resale. Both forms require the buyer to provide their sales tax permit number and details about the items being purchased. They function as a safeguard for sellers, protecting them from tax liabilities when the purchaser qualifies for an exemption. By utilizing these forms, businesses can streamline their purchasing processes while adhering to state tax regulations.
The Texas Motor Vehicle Power of Attorney form provides an essential mechanism for individuals looking to delegate the management of their vehicle-related affairs, allowing them to designate a trusted representative to take care of various tasks. For more detailed information on how this form functions and its importance in facilitating vehicle ownership transfers or title applications, you may refer to https://topformsonline.com/texas-motor-vehicle-power-of-attorney.
The Colorado DR 1191 form also resembles the Florida Annual Resale Certificate for Sales Tax (Form DR-13). This document allows businesses to make tax-exempt purchases of goods intended for resale. Both forms require the buyer to provide their tax identification number and details about the items being purchased. They serve to clarify the buyer's exemption status, ensuring that sellers do not inadvertently charge sales tax on exempt purchases. This process is crucial for maintaining compliance with state tax laws and facilitating efficient business operations.
Lastly, the DR 1191 is similar to the California Resale Certificate (Form BOE-230). This form allows retailers to purchase goods without paying sales tax if they intend to resell those goods. Both forms require specific information about the buyer and the items being purchased. They serve a similar purpose in protecting sellers from tax liability while allowing eligible purchasers to benefit from tax exemptions. The proper use of these forms is vital for businesses to navigate the complexities of sales tax compliance effectively.
The Colorado DR 1191 form is a certificate used to claim a sales tax exemption on the purchase of machinery and machine tools. This exemption applies when the machinery is intended for use in manufacturing tangible personal property for sale or profit. The form must be completed by the purchaser and provided to the seller, along with a copy submitted to the Colorado Department of Revenue.
To qualify for the exemption, the machinery must meet several criteria:
Additionally, if the machinery is used exclusively in designated enterprise zones, further exemptions may apply.
Enterprise zones play a crucial role in expanding the sales tax exemption for machinery and machine tools. If the machinery is used solely and exclusively in an enterprise zone, it may qualify for additional exemptions. This includes materials for construction or repair of machinery. However, if the equipment is used both within and outside an enterprise zone, it will only qualify for the standard statewide exemption.
To complete the DR 1191 form, the purchaser must fill out their information, including the Colorado Sales Tax Account Number and details about the machinery being purchased. After completing the form, the purchaser should provide one copy to the seller and submit another copy to the Colorado Department of Revenue. It is essential for the purchaser to retain a copy for their records. This process ensures that the seller is exempt from sales tax liability on the transaction.
When a seller accepts the DR 1191 form, they are relieved of any sales tax liability associated with that sale. However, the purchaser assumes responsibility for any future sales or use tax liabilities related to the purchase. It is important to note that sales tax paid in another state cannot be credited against Colorado sales or use tax. For additional guidance, resources such as FYI Sales 10 are available on the Colorado Department of Revenue's website.
When filling out the Colorado DR 1191 form, it’s important to follow specific guidelines to ensure accuracy and compliance. Here’s a list of things you should and shouldn’t do: