A woman in a business suit looking at a stack of paperwork labelled Tax Permits

A state-by-state guide to resale certificates

Sales tax exemptions are a tough nut to crack. Each state has its own rules about what is or isn’t exempt. One of the few things consistent across the board: Resellers can typically skip the tax on goods they’ll be reselling. How that exemption shakes out is a little less uniform.

Most states have their own resale certificates. Others, like Colorado and North Carolina, just use multistate certificates. Mississippi doesn’t even require a certificate, so long as the reseller has a valid sales tax permit.

If you’re buying or selling goods for resale in multiple states, there’s a lot to keep track of.

To that end, here’s an overview of basic resale exemption information, as well as a state-by-state guide to certificate requirements.

What is a resale certificate?

A resale certificate is a document that allows a business to make exempt purchases based on the assumption the goods will be resold and the sales tax will be paid by the end consumer.

Purchasers apply for resale certificates and provide them to sellers at checkout. 

Sellers collect and validate certificates prior to exempting tax. Sellers store each certificate, so it’s accessible for future purchases or to validate the exemption if the business is audited.

Drop shipping can further complicate resale certificates or sales tax collection. Things get trickier when you go from a business selling to a customer, to a business purchasing from a drop shipper for delivery to a customer. Who collects what largely depends on who has nexus (and where everyone is located). We cover the sales tax implications of drop shipping in a post of its own.

What’s the difference between an exemption certificate and a resale certificate?

Exemption certificate” is an umbrella term for any document that allows tax-exempt purchases based on the status or circumstances of the purchaser.

resale certificate is a type of exemption document.

Can I use the same resale certificate in every state?

No. There’s no one universally accepted resale certificate. However, there are two types of multistate resale certificates: 

Not every state accepts these certificates. You’ll need to obtain a valid state-issued certificate in those that won’t accept either.

How does a business get a resale certificate?

To get a resale certificate, a business must obtain a sales tax permit. Then that business can apply for the proper sales tax exemption forms, including resale certificates. 

Most states accept out-of-state resale certificates, but not all. It’s important to make sure you have the right certificate if you’re purchasing items for resale outside of your home state.

Are sellers required to accept resale certificates?

In a word, no. Sales tax obligations are imposed by the state or local tax jurisdiction, not individual retailers. 

If anything is out of order with the certificate, the seller is responsible for any uncollected sales tax. For that reason, sellers may choose not to honor resale certificates.

If a buyer pays sales tax on goods for which they’re entitled to an exemption, they can request a refund from the state tax authority.

How long do you need to keep exemption certificates on file?

Purchasers should maintain certificates for as long as they’re valid. In some cases, resale exemptions are issued for individual purchases. In others, they’re valid for several years, or even indefinitely, as long as the information is correct. Changes to a business, such as name, address, and ownership, can void an exemption certificate.

Sellers should hold on to resale certificates until the statute of limitations expires on the purchase, at a minimum. Each state has its own time frame for sales tax assessments. If you’re audited and can’t produce a certificate to justify an exempt sale, you may be responsible for the applicable taxes, as well as potential penalties.

State-by-state rules

Important note: Tax rules change and exceptions are common. The information here is subject to change and offered for informational purposes only. It should not be used as tax advice.

Please consult a sales tax expert who can discuss the details that apply to your business.

Reference

Exemption application

Alabama Department of Revenue FAQ

Accepted resale forms

Statute of limitations

  • 3 years from the due date or filing date, whichever is later
  • 6 years if more than 25% of the taxable base is omitted
  • No statute of limitations if a return is not filed, or if a fraudulent return is filed with intent to evade taxes

Alaska doesn’t have a state sales tax, but local sales tax is permitted and is in effect in multiple jurisdictions.

Sales tax exemptions are also determined by individual municipalities.

Reference

Tax exemption letter of response

Exemption certificate directory 

Exempt resellers can use the MTC Uniform Sales & Use Tax Resale Certificate.

Reference

Arizona Department of Revenue TPT exemptions page

Accepted resale forms

Statute of limitations

  • 4 years from the due date or filing date, whichever is later
  • 6 years if more than 25% of the taxable base is omitted
  • No statute of limitations if a return is not filed, or if a fraudulent return is filed with intent to evade taxes

Reference

Sales and use tax FAQs

Accepted exemption forms

Statute of limitations

  • 3 years from the due date or filing date, whichever is later
  • 6 years if more than 25% of the taxable base is omitted
  • No statute of limitations if a return is not filed, or if a fraudulent return is filed with intent to evade taxes

Reference

Sales and use tax links

Accepted exemption forms

Statute of limitations

  • 3 years from the end of the month following the quarter being assessed or filing date, whichever is later
  • 8 years if more than 25% of the taxable base is omitted
  • No statute of limitations if a return is not filed, or if a fraudulent return is filed with intent to evade taxes


Reference

Sales tax guide

Accepted exemption forms

Statute of limitations

  • 3 years from the due date or filing date, whichever is later
  • No statute of limitations if a return is not filed, or if a fraudulent return is filed with intent to evade taxes

Reference

Sales and use tax information

Accepted exemption forms

Statute of limitations

  • 3 years from the due date or filing date, whichever is later
  • No statute of limitations if a return is not filed, or if a fraudulent return is filed with intent to evade taxes

Delaware doesn’t have a state sales tax, or similar. Therefore, an exemption certificate is not applicable.

Reference

Resale certificate

Government exemptions

Accepted exemption forms

Statute of limitations

  • 3 years from the due date or filing date, whichever is later
  • No statute of limitations if a return is not filed, or if a fraudulent return is filed with intent to evade taxes

 

Reference

Sales tax FAQs

Accepted exemption forms

Statute of limitations

  • 3 years from the due date or filing date, whichever is later
  • 6 years if more than 25% of the taxable base is omitted
  • No statute of limitations if a return is not filed, or if a fraudulent return is filed with intent to evade taxes

Reference

General excise and use tax information

Accepted exemption forms

Statute of limitations

  • 3 years from the due date or filing date, whichever is later
  • No statute of limitations if a return is not filed, or if a fraudulent return is filed with intent to evade taxes

Reference

General exemption information

Accepted exemption forms

Statute of limitations

  • The most recent 3 years of business
  • The most recent 7 years of business if you don’t have a permit or haven’t filed regularly
  • No statute of limitations if a return is not filed, or if a fraudulent return is filed with intent to evade taxes

Reference

Certificate of resale

Accepted exemption forms

Statute of limitations

  • 3 years from the due date or filing date, whichever is later
  • No statute of limitations if a return is not filed, or if a fraudulent return is filed with intent to evade taxes

Reference

Sales tax FAQ

Accepted exemption forms

Statute of limitations

  • 3 years from the due date or filing date, whichever is later
  • No statute of limitations if a return is not filed, or if a fraudulent return is filed with intent to evade taxes

Reference

Sales and use tax guide

Accepted exemption forms

Statute of limitations

  • 3 years from the due date or filing date, whichever is later
  • 6 years if return does not include items of gross income as defined in the Internal Revenue Code as amended
  • No statute of limitations if a return is not filed, or if a fraudulent return is filed with intent to evade taxes

Reference

Sales tax FAQ

Exemption certificate booklet

Accepted exemption forms

Statute of limitations

  • 3 years from the filing date
  • 6 years if return does not include items of gross income as defined in the Internal Revenue Code as amended
  • 2 years from the discovery of the fraud, if a fraudulent return is filed with intent to evade taxes

Reference

Sales tax information

Accepted exemption forms

Statute of limitations

  • 4 years from the due date or filing date, whichever is later
  • No statute of limitations if a return is not filed, or if a fraudulent return is filed with intent to evade taxes

Reference

Sales tax FAQ

Resale certificate FAQ

Accepted exemption forms

Statute of limitations

  • 3 years from the due date or filing date, whichever is later
  • No statute of limitations if a return is not filed, or if a fraudulent return is filed with intent to evade taxes

 

Reference

Sales tax guide

Accepted exemption forms

Statute of limitations

  • 3 years from the due date or filing date, whichever is later
  • 6 years if tax reported is less than 50% of the tax due
  • No statute of limitations if a return is not filed, or if a fraudulent return is filed with intent to evade taxes

Reference

Resale certificate FAQs

Accepted exemption forms

Statute of limitations

  • 3 years from the due date
  • No statute of limitations if a return is not filed, is underpaid by 25% or more, or if a fraudulent return is filed with intent to evade taxes

Reference

Sales and use tax guide

Accepted exemption forms

Statute of limitations

  • 3 years from the due date
  • 6 years if there is a massive underpayment or if returns are filed late
  • No statute of limitations if a return is not filed or if a fraudulent return is filed with intent to evade taxes

Reference

Exemptions FAQ

Accepted exemption forms

Statute of limitations

  • 4 years from the due date or filing date, whichever is later
  • 6 years if return does not include items of gross income as defined in the Internal Revenue Code as amended
  • 2 years from the discovery of the fraud, if a fraudulent return is filed with intent to evade taxes

Reference

Nontaxable sales

Retailers and wholesalers industry guide

Accepted exemption forms

Statute of limitations

  • 3.5 years from the due date or filing date, whichever is later
  • No statute of limitations if a return is not filed or if a fraudulent return is filed with intent to evade taxes

Reference

Exemption information

Sales tax FAQ

Accepted exemption forms

Mississippi does not issue resale exemption certificates. Goods for resale can be purchased tax exempt using a valid sales tax permit.

Statute of limitations

  • 3.5 years from the due date or filing date, whichever is later
  • 6.5 years if underpaid by more than 25%
  • No statute of limitations if a return is not filed or if a fraudulent return is filed with intent to evade taxes

Reference

Exemption information search hub

Sales tax exemption FAQ

Accepted exemption forms

Statute of limitations

  • 3 years from the due date or filing date, whichever is later
  • No statute of limitations if a return is not filed or if a fraudulent return is filed with intent to evade taxes

Montana doesn’t have a state sales tax, or similar. Therefore, an exemption certificate is not applicable.

Reference

Sales tax FAQ

Accepted exemption forms

Statute of limitations

  • 3 years after the last day of the month following the determination period or after the return is filed, whichever is later
  • 8 years if there’s an underpayment or no return is filedNo statute of limitations if a fraudulent return is filed with intent to evade taxes

Reference

Sales tax FAQ

Accepted exemption forms

Statute of limitations

  • 3 years after the last day of the month following the determination period or after the return is filed, whichever is later
  • 8 years if no return is filed, a fraudulent return is filed with intent to evade taxes, or there’s an underpayment of more than 25%

New Hampshire doesn’t have a state sales tax, or similar. Therefore, an exemption certificate is not applicable.

Reference

Sales tax information

Sales tax exemption administration bulletin

Accepted exemption forms

Statute of limitations

  • 4 years from the filing date
  • No statute of limitations if a return is not filed or if a fraudulent return is filed with intent to evade taxes

 

Reference

Non-taxable transaction certificates (NTTCs)

Gross receipts tax overview

NTTC application

Accepted exemption forms

Statute of limitations

  • 3 years from the end of the year in which filing was due
  • 6 years if there’s an underpayment of more than 25%
  • 7 years if a return is not filed
  • 10 years if a fraudulent return is filed with intent to evade taxes

Reference

Exemption certificate information

Accepted exemption forms

Statute of limitations

  • 3 years from the filing date
  • No statute of limitations if a return is not filed or if a fraudulent return is filed with intent to evade taxes

Reference

Sale and purchase exemptions

Sales and use tax information

Accepted exemption forms

Statute of limitations

  • 3 years from the due date or filing date, whichever is later
  • No statute of limitations if a return is not filed or if a fraudulent return is filed with intent to evade taxes

 

Reference

Sales and use tax information

Accepted exemption forms

Statute of limitations

  • 3 years from the due date or filing date, whichever is later
  • 6 years if a return is not filed or is underpaid by more than 25% 
  • No statute of limitations if a fraudulent return is filed with intent to evade taxes

 

Reference

Sales tax FAQ

Applying sales tax FAQ

Accepted exemption forms

Statute of limitations

  • 4 years from the due date or filing date, whichever is later
  • No statute of limitations if a return is not filed

 

Reference

Sales tax information

Accepted exemption forms

Statute of limitations

  • 3 years from the filing date
  • No statute of limitations if a return is not filed or if a fraudulent return is filed with intent to evade taxes

Oregon doesn’t have a state sales tax, or similar. Therefore, an exemption certificate is not applicable.

Reference

Retailers information guide

Sales tax information

Accepted exemption forms

Statute of limitations

  • 3 years from the filing date or end of the year in which taxes are due
  • No statute of limitations if a return is not filed or if a fraudulent return is filed with intent to evade taxes

 

Reference

Sales tax information (translation available)

Reseller information (translation available)

Accepted exemption forms

Statute of limitations

  • 4 years from the filing date or end of the year in which taxes are due, whichever is later

Reference

Information for exempt organizations

Sales tax FAQ

Accepted exemption forms

Statute of limitations

  • 4 years from the filing date or the 15th day of the month after the month for which taxes are due, whichever is later
  • No statute of limitations if a return is not filed or if a fraudulent return is filed with intent to evade taxes

Reference

Sales tax exemptions

Sales tax FAQ

Accepted exemption forms

Statute of limitations

  • 3 years from the due date or filing date, whichever is later
  • No statute of limitations if no return is filed, a fraudulent return is filed with intent to evade taxes, or there’s an underpayment of more than 20%

Reference

Sales tax information

Exempt entities guide

Exempt status application

Accepted exemption forms

Statute of limitations

  • 3 years from the filing date
  • No statute of limitations if a return is not filed, if a fraudulent return is filed with intent to evade taxes, or if there is an underpayment of the return.

Reference

Exemption information

Accepted exemption forms

Statute of limitations

  • 3 years from the end of the year in which filing was due
  • No statute of limitations if a return is not filed or if a fraudulent return is filed with intent to evade taxes

Reference

Resale FAQ

Accepted exemption forms

Statute of limitations

  • 4 years from the due date or filing date, whichever is later
  • No statute of limitations if no return is filed, a fraudulent return is filed with intent to evade taxes, or there’s an underpayment of more than 25%

 

Reference

Sales tax FAQ

Tax bulletins

Accepted exemption forms

Statute of limitations

  • 3 years from the filing date
  • No statute of limitations if a return is not filed or if a fraudulent return is filed with intent to evade taxes

Reference

Exemption certificate information

Accepted exemption forms

Statute of limitations

  • 3 years from the filing date
  • No statute of limitations if no return is filed, a fraudulent return is filed with intent to evade taxes, or there’s an underpayment of more than 20%

Reference

Cigarette resale exemptions

Accepted exemption forms

Statute of limitations

  • 3 years from the filing date
  • 6 years if a return is not filed or if a fraudulent return is filed with intent to evade taxes

Reference

Sales tax FAQ

Reseller guides for qualified industries

Accepted exemption forms

Statute of limitations

  • 4 years from the end of the year in which filing was due
  • No statute of limitations if a business is not registered or if a fraudulent return is filed with intent to evade taxes

Reference

Exemption FAQ

Accepted exemption forms

Statute of limitations

  • 4 years from the filing date
  • No statute of limitations if a return is not filed or if a fraudulent return is filed with intent to evade taxes

Reference

Sales and use tax information

Exemption guide

Accepted exemption forms

Statute of limitations

  • 3 years from the filing date
  • 6 years if a listed transaction is not disclosed
  • No statute of limitations if a return is not filed or if a fraudulent return is filed with intent to evade taxes

Reference

Sales and use tax information

Publication 201, Part 11: What is Exempt?

Accepted exemption forms

Statute of limitations

  • 4 years from the last day of the year in which the return was filed
  • No statute of limitations if a return is not filed or if a fraudulent return is filed with intent to evade taxes

Reference

Excise tax FAQ

Exemption bulletin

Accepted exemption forms

Statute of limitations

  • 3 years following the delinquency

Managing resale exemption documents for your business

Managing exemption certificates can be challenging on both sides of the register. Not having the right documents can mean paying taxes you should owe — or owing taxes you should have paid.

Automation can help you keep track of requirements and renewals. Storing documents in the cloud is an efficient way to supply or retrieve certificates, and to find and access the forms you need in the event of an audit.

Avalara has tax compliance solutions to make the process easier for both buyers and sellers of tax-exempt purchases:

  • Avalara Exemption Certificate Management can help businesses large or small with collecting, validating, storing, and accessing exemption and resale certificates.
  • Avalara Vendor Exemption Management can help you obtain and supply the right documents to support your exemption requests.
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